Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rep. J.E. Smith as follows:
O God, Whose blessings are new every day, we are grateful for colleagues and friends who help us on life's way and who, in a small way, we may help. Thank You for those who have given us guidance, counsel and a good example. We praise You for our moments of success which inspire greater endeavors, and even for times of failure which keep us humble and make us remember how much we need God's help. Help us, we pray, to grow stronger, wiser and more charitable. Give us Your aid to shed old faults and to gain new virtues. To a holy and all-wise God, we make this our morning prayer. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.
Rep. HINSON moved that when the House adjourns, it adjourn in memory of Amber Bright, which was agreed to.
The House stood in silent prayer recognizing the 57th anniversary of D-Day and the men who died for their country.
The following were received and referred to the appropriate committee for consideration:
Document No. 2611
Agency: Department of Public Safety
Statutory Authority: 1976 Code Section 23-6-10
Article 7 Highway Patrol, Subarticle 1 Wrecker Regulations
Received by Speaker of the House of Representatives
June 6, 2001
Referred to Education and Public Works Committee
Legislative Review Expiration October 4, 2001 (Subject to Sine Die Revision)
Document No. 2610
Agency: Department of Public Safety
Statutory Authority: 1976 Code Section 23-6-10: Article 9.
In Car Camera Videotaping Equipment
Received by Speaker of the House of Representatives
June 6, 2001
Referred to Education and Public Works Committee
Legislative Review Expiration October 4, 2001 (Subject to Sine Die Revision)
The Senate amendments to the following Bill were taken up for consideration:
H. 4044 (Word version) -- Rep. Campsen: A BILL TO ENACT THE SOUTH CAROLINA TRUSTS, ESTATES, AND PROBATE REFORM ACT; TO AMEND SUBARTICLE 5, ARTICLE 3, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM GIFTS TO MINORS ACT, SO AS TO DESIGNATE SUBARTICLE 5 AS THE "UNIFORM TRANSFERS TO MINORS ACT", TO CHANGE THE AGE OF DISTRIBUTION TO TWENTY-ONE YEARS, INCLUDE BOTH GRATUITOUS TRANSFERS AND TRANSFERS FOR CONSIDERATION TRANSFERS AND BOTH LIFETIME TRANSFERS AND TRANSFERS FROM TRUSTS, ESTATES, AND GUARDIANSHIPS, AND LIMIT THE MINOR'S LIABILITY TO THIRD PARTIES TO CASES OF PERSONAL FAULTY; TO AMEND SECTION 62-7-302, AS AMENDED, RELATING TO A TRUSTEE'S STANDARD OF CARE, SO AS TO DESIGNATE THE SECTION AS THE "UNIFORM PRUDENT INVESTOR ACT", TO RECOGNIZE THE PRUDENT INVESTOR RULE AND THE TOTAL RETURN THEORY OF INVESTMENT MANAGEMENT; TO AMEND PART 4, ARTICLE 7, CHAPTER 7, TITLE 62, RELATING TO THE UNIFORM PRINCIPAL AND INCOME ACT, SO AS TO DESIGNATE PART 4 AS THE "UNIFORM PRINCIPAL AND INCOME ACT OF 1997"; TO PERMIT THE ALLOCATION OF BENEFICIARY RECEIPTS BY A TRUSTEE TO INCOME INSTEAD OF TO PRINCIPAL UNDER CERTAIN SPECIFIED CIRCUMSTANCES AND IN RECOGNITION OF TOTAL RETURN THEORY OF INVESTMENT; TO AMEND SECTION 62-5-501, AS AMENDED, RELATING TO THE DURABLE POWER OF ATTORNEY, SO AS TO PROVIDE FOR REASONABLE COMPENSATION FOR AN ATTORNEY-IN-FACT ACTING PURSUANT TO A DURABLE POWER OF ATTORNEY, AND TO PROVIDE FOR PROTECTION OF THIRD PARTIES RELYING ON THE ACTS OF AN INDIVIDUAL ACTING PURSUANT TO A DURABLE POWER OF ATTORNEY; TO AMEND ARTICLE 2, CHAPTER 2, TITLE 62, RELATING TO INTESTACY, SUCCESSION AND WILLS, SO AS TO CHANGE THE TITLE OF THE ARTICLE TO "INTESTACY, WILLS, AND DONATIVE TRANSFERS; TO AMEND PART 7, ARTICLE 2, CHAPTER 2, TITLE 62, RELATING TO CONTRACTUAL ARRANGEMENTS RELATING TO DEATH, SO AS TO REPLACE PART 7 WITH RULES FOR CONSTRUCTION OF WILLS AND OTHER INSTRUMENTS GOVERNING TRANSFERS; TO AMEND SECTION 62-2-803, RELATING TO THE EFFECT OF HOMICIDE ON INTESTATE SUCCESSION, WILLS, JOINT ASSETS, LIFE INSURANCE, AND BENEFICIARY DESIGNATIONS, SO AS TO PROVIDE FOR A JUDICIAL DETERMINATION OF CRIMINAL ACCOUNTABILITY, USING THE PREPONDERANCE OF THE EVIDENCE STANDARD, IN THE ABSENCE OF A CRIMINAL CONVICTION; TO AMEND PART 8, ARTICLE 2, CHAPTER 2, TITLE 62, RELATING TO GENERAL PROVISIONS AS TO INTESTATE SUCCESSION, BY ADDING SECTION 62-2-805 SO AS TO PROVIDE FOR REVOCATION OF PROBATE AND NONPROBATE TRANSFERS BY DIVORCE AND ANNULMENT; TO AMEND SECTION 34-19-120, RELATING TO ACCESS TO A LOCKBOX TO OBTAIN A POWER OF ATTORNEY, SO AS TO FACILITATE ACCESS CONDITIONED ON A VERIFIED DOCUMENT; AND TO AMEND SECTION 27-7-40, RELATING TO THE CREATION AND SEVERANCE OF A JOINT TENANCY, SO AS TO CLARIFY THAT A JOINT TENANCY WITH A RIGHT OF SURVIVORSHIP IN REAL ESTATE MAY TRANSFER HIS INTEREST WITHOUT JOINDER OF THE OTHER JOINT TENANTS.
Rep. CAMPSEN explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4261 (Word version) -- Rep. Bowers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-93-185 SO AS TO REQUIRE A FLAG DESIGNED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO BE FLOWN FROM A SEPARATE THIRTY-FOOT FLAGPOLE LOCATED AT THE MAIN ENTRANCE OF A COMMERCIAL INFECTIOUS WASTE INCINERATION FACILITY DURING ANY PERIOD THE FACILITY ON-SITE HEALTH INSPECTOR DETERMINES THE FACILITY IS OPERATING IN VIOLATION OF ANY APPLICABLE STATE LAW OR REGULATION GOVERNING THE OPERATION OF THE FACILITY AND TO REQUIRE THE FLAG TO BE FLOWN CONTINUOUSLY UNTIL THE INSPECTOR CERTIFIES THAT THE FACILITY IS IN COMPLIANCE, TO PROVIDE THAT THESE FLAG DETERMINATIONS ARE NOT DEPARTMENTAL DETERMINATIONS OF COMPLIANCE, AND TO PROVIDE THAT FAILURE TO FLY THE FLAG AS REQUIRED IS GROUNDS FOR IMMEDIATE SUSPENSION OF THE FACILITY'S OPERATING PERMIT.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 4262 (Word version) -- Rep. Wilkins: A BILL TO PERMIT THE BROADENING OF POWERS OF AUDITORIUM, ARENA, OR RECREATION DISTRICTS TO INCLUDE THE POWER TO OPERATE CONVENTION, CONFERENCE, AND ANCILLARY FACILITIES AND PROVIDE THE METHOD OF OBTAINING THIS BROADENED AUTHORITY.
Referred to Judiciary
S. 729 (Word version) -- Senators Matthews and Hutto: A BILL TO AMEND SECTION 7-7-440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN ORANGEBURG COUNTY, SO AS TO DESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD, REDESIGNATE CERTAIN PRECINCTS, AND PROVIDE FOR THE APPROVAL OF POLLING PLACES BY THE ORANGEBURG COUNTY LEGISLATIVE DELEGATION.
Rep. COBB-HUNTER moved to waive Rule 5.12, which was agreed to by a division vote of 14 to 0.
On motion of Rep. COBB-HUNTER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
The following was introduced:
H. 4263 (Word version) -- Rep. Knotts: A CONCURRENT RESOLUTION TO CONGRATULATE AND COMMEND JOEL EDWARD (EDDIE) TURNER OF GASTON, THE LEXINGTON COUNTY FIRE CHIEF FOR THE SOUTH CONGAREE AND GASTON STATIONS, FOR THE EXCELLENT JOB HE HAS DONE DURING HIS TENURE AS THE PRESIDENT OF THE SOUTH CAROLINA STATE FIREMEN'S ASSOCIATION AND TO WISH HIM ALL THE BEST IN FUTURE SERVICE-RELATED ENDEAVORS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4264 (Word version) -- Reps. Stille, Carnell and Townsend: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME STATE HIGHWAY 72 RUNNING FROM MARKER 1-1-40 IN ABBEVILLE COUNTY TO THE EASTERN TOWN BOUNDARY OF CALHOUN FALLS THE "GRADY L. PATTERSON, JR. HIGHWAY" IN HONOR OF THE DEDICATION, LOVE, AND SERVICE GRADY L. PATTERSON, JR., HAS EXHIBITED OVER HIS LIFETIME FOR HIS STATE AND COUNTRY, CULMINATING IN HIS WORK AS THE STATE TREASURER OF SOUTH CAROLINA AND HIS PROMOTION TO THE RANK OF LIEUTENANT GENERAL OF THE SOUTH CAROLINA AIR NATIONAL GUARD.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4265 (Word version) -- Reps. J. Hines and Lucas: A HOUSE RESOLUTION TO EXPRESS THE GRATITUDE OF THE HOUSE OF REPRESENTATIVES TO EDDIE FRANKLIN PAULEY OF LAMAR FOR HIS CONTRIBUTIONS TO THE FIELD OF EDUCATION IN DARLINGTON COUNTY AND TO HONOR HIM UPON HIS RETIREMENT FROM HIS TENURE AS PRINCIPAL OF SPAULDING JUNIOR HIGH SCHOOL IN LAMAR, SOUTH CAROLINA.
The Resolution was adopted.
The roll call of the House of Representatives was taken resulting as follows:
Allison Altman Bales Barfield Barrett Battle Bingham Bowers Breeland Brown, G. Brown, J. Brown, R. Campsen Carnell Cato Chellis Clyburn Coates Cobb-Hunter Cooper Dantzler Davenport Delleney Easterday Edge Emory Fleming Freeman Frye Gilham Gourdine Hamilton Harrell Harrison Harvin Haskins Hayes Hines, J. Hinson Hosey Howard Huggins Jennings Keegan Kelley Kennedy Kirsh Knotts Law Leach Lee Littlejohn Loftis Lourie Lucas Mack Martin McCraw McGee McLeod Meacham-Richardson Merrill Miller Moody-Lawrence Neal, J.M. Ott Owens Parks Perry Phillips Quinn Rhoad Rice Rivers Robinson Rodgers Rutherford Sandifer Scarborough Scott Sharpe Sheheen Simrill Sinclair Smith, D.C. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Snow Stille Stuart Talley Taylor Thompson Townsend Tripp Trotter Vaughn Walker Webb Whatley Whipper White Wilder Wilkins Witherspoon Young, A. Young, J.
I came in after the roll call and was present for the Session on Wednesday, June 6.
Karl Allen John Riser Walter Lloyd David Weeks Bill Cotty Creighton Coleman Joseph Neal James Klauber Harry Askins Fletcher Smith Larry Koon H.B. "Chip" Limehouse Jerry Govan
STATEMENT OF ATTENDANCE
Rep. RUTHERFORD signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, June 5.
Announcement was made that Dr. Allen Johnson of Charleston is the Doctor of the Day for the General Assembly.
Reps. J. E. SMITH and HARRISON presented to the House Hand Middle School Principal Jeanne Stiglbauer and other school officials for being named Time Magazine School of the Year.
Reps. SHARPE and FRYE presented to the House the King Academy "Knights" Baseball Team, South Carolina Independent School Association Class AA Champions, their coaches and other school officials.
Rep. WILKINS presented to the House the family of former Speaker Pro Tempore Terry Haskins to present a Resolution to hang a portrait in the Statehouse honoring him for his service in the House and to the State of South Carolina.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 3167 (Word version)
Date: ADD:
06/06/01 CAMPSEN
Rep. MARTIN moved to adjourn debate upon the following Bill until Tuesday, January 8, 2002, which was adopted:
H. 3385 (Word version) -- Reps. Townsend and Stille: A BILL TO PROVIDE FOR THE AUTHORITY OF THE ANDERSON COUNTY BOARD OF EDUCATION IN REGARD TO SCHOOL BUDGETARY MATTERS INCLUDING THE AUTHORITY TO PROVIDE THAT UP TO TWO MILLS OF COUNTYWIDE AD VALOREM PROPERTY TAX LEVIES FOR SCHOOL OPERATIONS BE DISTRIBUTED TO DISTRICTS MEETING CERTAIN CRITERIA ESTABLISHED BY THE BOARD.
The following Bill and Joint Resolution were taken up, read the second time, and ordered to a third reading:
S. 693 (Word version) -- Senator Hutto: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED BY THE KINDERGARTEN THROUGH FOURTH GRADE STUDENTS OF BARNWELL ELEMENTARY SCHOOL IN BARNWELL SCHOOL DISTRICT 45 ON SEPTEMBER 27, 28, AND 29, 2000, BECAUSE OF THE FLOODING OF THE SCHOOL BE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN PROVIDING THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
S. 726 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 7-7-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN BARNWELL COUNTY, SO AS TO DESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD.
Rep. HARRISON moved to waive Rule 5.12, which was agreed to by a division vote of 9 to 0.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments:
S. 301 (Word version) -- Senator Fair: A BILL TO AMEND TITLE 17, CHAPTER 5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUALIFICATIONS, POWERS, AND DUTIES OF CORONERS AND MEDICAL EXAMINERS, SO AS TO CONSOLIDATE AND CLARIFY THE DUTIES OF CORONERS AND MEDICAL EXAMINERS; AND TO AMEND SECTIONS 20-7-5915 AND 20-7-5920, RELATING TO THE DEPARTMENT OF CHILD FATALITIES AND THE STATE CHILD FATALITY ADVISORY COMMITTEE, SO AS TO CONFORM CODE REFERENCES TO RENUMBERED SECTIONS; TO AMEND SECTION 32-8-325, REGARDING CREMATION, SO AS TO CONFORM CODE REFERENCES TO RENUMBERED SECTIONS; AND TO AMEND SECTION 44-43-960, REGARDING DONATION OF BODY PARTS, SO AS TO CONFORM CODE REFERENCES TO THE RENUMBERED SECTIONS.
Rep. TOWNSEND moved to adjourn debate upon the following Bill until Tuesday, January 8, 2002, which was adopted:
H. 3678 (Word version) -- Reps. Rice and Whipper: A BILL TO AMEND SECTION 56-3-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GRACE PERIOD FOR REGISTERING A MOTOR VEHICLE, SO AS TO PROVIDE THAT A MOTOR VEHICLE DEALER MUST ISSUE A TEMPORARY LICENSE PLATE TO CERTAIN PURCHASERS OF NEW OR USED MOTOR VEHICLES, TO PROVIDE A DESCRIPTION OF THE TEMPORARY LICENSE PLATE AND ITS CONTENTS, TO PROVIDE THAT CERTAIN PERSONS WHO OBTAIN MOTOR VEHICLES FROM A PERSON OTHER THAN A DEALER MUST SUBMIT AN APPLICATION TO THE DEPARTMENT OF PUBLIC SAFETY FOR AN INTERIM LICENSE PLATE AND REGISTRATION CARD, TO PROVIDE A DESCRIPTION OF THE INTERIM LICENSE PLATE AND ITS CONTENTS, TO PROVIDE A PENALTY FOR A VIOLATION OF THIS PROVISION; AND TO REPEAL SECTION 56-3-220, RELATING TO THE ATTACHMENT AND DISPLAY OF DEALER "SOLD" CARDS.
Rep. QUINN moved to adjourn debate upon the following Bill, which was adopted:
H. 4257 (Word version) -- Rep. Quinn: A BILL TO ESTABLISH SINGLE MEMBER ELECTION DISTRICTS FROM WHICH TRUSTEES OF RICHLAND-LEXINGTON SCHOOL DISTRICT 5 ARE ELECTED.
The Conference Report on the following Bill was taken up:
S. 496 (Word version) -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 57 TO TITLE 33, SO AS TO ENACT THE "SOUTH CAROLINA EDUCATION LOTTERY ACT"; TO PROVIDE FOR A STATE LOTTERY AND TO CREATE THE SOUTH CAROLINA EDUCATION LOTTERY CORPORATION TO CONDUCT THE STATE LOTTERY; TO PROVIDE FOR THE CORPORATION'S BOARD MEMBERSHIP, DUTIES, AND POWERS; TO PROVIDE FOR THE CREATION OF A LOTTERY RETAILERS ADVISORY COMMITTEE; TO PROVIDE FOR THE METHOD OF CONTRACTING WITH VENDORS AND RETAILERS; TO PROVIDE FOR THE SALE OF LOTTERY GAME TICKETS AND THE DISTRIBUTION OF PRIZES; TO PROVIDE FOR ALLOCATION OF LOTTERY PROCEEDS WHICH MUST BE USED FOR EDUCATIONAL PURPOSES AND PROGRAMS; TO PROVIDE CRIMINAL PENALTIES FOR SELLING A LOTTERY TICKET TO A MINOR, PURCHASING A LOTTERY TICKET AS A MINOR, AND DEFRAUDING OR OTHERWISE TAMPERING WITH THE LOTTERY OR MAKING MATERIAL REPRESENTATIONS IN AN APPLICATION OR REPORT IN CONNECTION WITH THE LOTTERY; TO CREATE A SOUTH CAROLINA EDUCATION LOTTERY OVERSIGHT COMMITTEE; TO PROVIDE FOR SET-OFF DEBT COLLECTION FROM PRIZE WINNINGS; TO ESTABLISH THE SOUTH CAROLINA EDUCATION LOTTERY ACCOUNT INTO WHICH THE NET PROCEEDS RECEIVED FROM THE STATE EDUCATION LOTTERY MUST BE DEPOSITED AND TO PROVIDE FOR SPECIFIED PURPOSES FOR THE PROCEEDS; TO AMEND SECTION 1-3-240, RELATING TO THE REMOVAL OF OFFICERS BY THE GOVERNOR UNDER CERTAIN CIRCUMSTANCES, SO AS TO ADD THE SOUTH CAROLINA EDUCATION LOTTERY CORPORATION TO THAT PROVISION; TO ADD SECTION 2-15-63, SO AS TO PROVIDE THAT BEGINNING IN DECEMBER 2004 AND EVERY THREE YEARS THEREAFTER, THE LEGISLATIVE AUDIT COUNCIL MUST CONDUCT A MANAGEMENT PERFORMANCE AUDIT OF THE LOTTERY CORPORATION; TO AMEND SECTION 12-36-2120, RELATING TO THE EXEMPTIONS FROM THE SALES TAX, SO AS TO INCLUDE THE SALE OF A LOTTERY TICKET; AND TO AMEND SECTION 59-63-210, RELATING TO THE GROUNDS FOR WHICH A STUDENT MAY BE EXPELLED, SO AS TO PROVIDE THAT NO STUDENT UNDER EIGHTEEN YEARS OF AGE WHO UNLAWFULLY PURCHASES A LOTTERY TICKET MAY BE EXPELLED FOR THAT REASON ONLY.
Rep. CARNELL spoke against the Conference Report.
Rep. CARNELL continued speaking.
Rep. SCOTT spoke against the Conference Report.
Rep. W. D. SMITH moved cloture on the entire matter.
Rep. W. D. SMITH demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Bales Barfield Barrett Bingham Brown, J. Campsen Cato Chellis Cooper Cotty Delleney Easterday Edge Fleming Frye Gilham Hamilton Harrell Harrison Haskins Hinson Huggins Keegan Kelley Klauber Koon Leach Limehouse Littlejohn Loftis Lucas Martin McGee Meacham-Richardson Merrill Owens Quinn Rice Riser Robinson Rodgers Sandifer Scarborough Sharpe Simrill Sinclair Smith, D.C. Smith, F.N. Smith, G.M. Smith, J.R. Smith, W.D. Stille Stuart Talley Taylor Thompson Townsend Trotter Vaughn Walker Webb White Wilkins Witherspoon Young, A. Young, J.
Those who voted in the negative are:
Allen Askins Battle Bowers Breeland Brown, G. Brown, R. Carnell Clyburn Coates Cobb-Hunter Coleman Dantzler Davenport Emory Freeman Gourdine Govan Harvin Hayes Hines, J. Hosey Howard Jennings Kennedy Kirsh Law Lee Lloyd Lourie Mack McCraw McLeod Miller Moody-Lawrence Neal, J.H. Neal, J.M. Ott Parks Perry Phillips Rhoad Rivers Scott Sheheen Smith, J.E. Snow Tripp Weeks Whatley Whipper Wilder
So, cloture was ordered.
Rep. GOVAN spoke against the Conference Report.
Rep. J. E. SMITH spoke against the Conference Report.
Rep. OTT spoke against the Conference Report.
Rep. QUINN spoke in favor of the Conference Report.
Rep. KENNEDY spoke against the Conference Report.
Rep. JENNINGS spoke in favor of the Conference Report.
Rep. W. D. SMITH spoke in favor of the Conference Report.
Rep. W. D. SMITH continued speaking.
Rep. WILKINS spoke in favor of the Conference Report.
Rep. SCOTT spoke in favor of the Conference Report.
Rep. G. BROWN spoke in favor of the Conference Report.
Rep. KNOTTS spoke in favor of the Conference Report.
Rep. HOWARD spoke in favor of the Conference Report.
The question then recurred to the adoption of the Conference Report.
Rep. ALTMAN demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Allison Altman Askins Bales Barrett Battle Bingham Bowers Breeland Brown, G. Brown, J. Brown, R. Campsen Carnell Cato Chellis Clyburn Cobb-Hunter Coleman Cooper Cotty Dantzler Edge Freeman Frye Gilham Gourdine Govan Hamilton Harrell Harrison Harvin Haskins Hayes Hines, J. Hinson Hosey Howard Huggins Jennings Keegan Kelley Klauber Knotts Law Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack Martin McGee McLeod Meacham-Richardson Merrill Miller Moody-Lawrence Neal, J.H. Ott Owens Parks Perry Phillips Quinn Rhoad Rice Riser Robinson Rodgers Rutherford Sandifer Scarborough Scott Sharpe Simrill Sinclair Smith, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Snow Stuart Talley Taylor Thompson Townsend Tripp Trotter Walker Webb Weeks Whatley Whipper White Wilkins Witherspoon Young, A. Young, J.
Those who voted in the negative are:
Barfield Coates Davenport Delleney Easterday Emory Fleming Kirsh Koon McCraw Neal, J.M. Rivers Sheheen Stille Vaughn Wilder
So, the Conference Report was adopted and a message was ordered sent to the Senate accordingly.
While I personally oppose a state-run lottery, I voted for the Conference Report on S. 496, the Education Lottery Bill, for the following reasons:
This is the most responsible and accountable lottery legislation we can hope to pass. If this Bill fails we risk pro-lottery forces winning passage of a far less restrictive bill at a later date.
With equal appointments of the governance board between the Governor, the House, and the Senate, we have checks and balances similar to the Education Oversight Commission and the Infrastructure Bank Board.
Campaign contributions are prohibited and thus campaign finance abuses we experienced with video poker are prevented.
This version demands the lottery commission adhere to strict ethics and procurement requirements as well as the Freedom of Information Act.
Final passage prevents the Governor from using this issue for political gain.
Rep. Rita Allison
While I personally oppose a state-run lottery, I voted for the Conference Report on S. 496, the Education Lottery Bill for the following reason:
This is the most responsible and accountable lottery legislation the legislature is likely to pass. I felt it was irresponsible for me to reject this bill and risk pro-lottery forces winning passage of a far less restrictive bill at a later date.
Rep. Gresham Barrett
While I personally oppose a state-run lottery, I voted for the Conference Report on S. 496, the Education Lottery Bill, for the following reasons:
This is the most responsible and accountable lottery legislation this legislature is likely to pass. I felt it was irresponsible for me to reject this bill and risk pro-lottery forces winning passage of a far less restrictive bill at a later date.
With equal control of the governance board between the Governor, the House, and the Senate, we are protected from shifting political winds and future gubernatorial races from becoming referendums on the lottery.
Key provisions prohibit campaign contributions and thus avoid the campaign finance abuses we experienced with video poker.
This version demands the lottery commission adhere to strict ethic and procurement requirements as well as the Freedom of Information Act.
Final passage prevents the Governor from using this issue for political gain.
Rep. William E. Sandifer III
I personally oppose a state-run lottery. I voted against the ratification legislation in both the Judiciary Committee and on the House Floor. However, it became apparent that a lottery bill would be passed. Accordingly, I voted for the Conference Report on S. 496, the Education Lottery Bill, for the following reasons:
This bill contains provisions guaranteeing accountability and responsibility. The defeat of this legislation could open the door to a less restrictive bill in the future.
The bill creates a lottery commission rather than a corporation. The Governor, the House and the Senate appoint members of the Commission.
The Lottery Commission is subject to the Administrative Procedures Act and the Ethics Act and prohibits campaign contributions from certain persons associated with the lottery.
Passage prevents this issue from being used for political purposes.
Respectfully,
Rep. Phil Sinclair
I voted for the Lottery Conference Report (S. 496) despite my opposition to a lottery in South Carolina. After much deliberation over this issue I have concluded that a lottery in South Carolina is inevitable. This lottery report is the most responsible and accountable lottery that we could ever hope to pass. If this bill fails I believe that we are assured of pro-lottery forces winning passage of a far less restrictive bill. This bill establishes a lottery that will be as nonpolitical as any governmental commission can be. There are many features such as the make up of the commission and the prohibition on campaign contributions that I believe will ensure a nonpolitical lottery.
Rep. Harry Cato
While I oppose a state-run lottery, the question raised in this debate was not over whether to have or not to have a lottery but how it would be managed. It was evident support to pass a state-operated lottery was sufficient in the House of Representatives. Debate from the minority party, who objected to this bill until the last minutes before the final vote, centered on the restrictions and management of the lottery. Had this bill failed we would have been subject to more loosely controlled state gambling. My vote for this bill was a choice between a more restrictive lottery operated by the state or a lottery with loose regulations operated by a third party influence or at the discretion of a Governor.
Rep. Dwight Loftis
My personal belief is that we should not have gambling in South Carolina. However, I voted for the Lottery Conference Report (S. 496) despite my opposition. After much consideration over this issue, I have concluded that a lottery in South Carolina is inevitable. This lottery is the most responsible and accountable lottery that we could ever hope to pass. If this bill fails I believe that we are assured of pro-lottery forces winning passage of a liberal bill. This bill establishes a lottery that will be as nonpolitical as any governmental commission can be. There are many features such as the make up of the commission, no multi-state gambling and limited advertising that I believe will ensure a nonpolitical lottery.
Rep. Bob Leach
I wish to note in the Journal, a change in my position from "against" to "in favor" of the House Conference Report on S. 496. My change in position is based upon certain assurances discussed and agreed upon which occurred after I took the podium to speak against the report. I feel that having those concerns addressed impact upon the best interests of the constituents that I represent. I now stand in support of the Conference Report on S. 496.
Rep. Jerry N. Govan, Jr.
Rep. HAYES moved that the House recede until 3:00 p.m., which was agreed to.
At 3:00 p.m. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
Rep. J. R. SMITH asked unanimous consent to recall S. 718 from the Committee on Ways and Means.
Rep. KNOTTS objected.
Rep. A. YOUNG asked unanimous consent to recall S. 701 from the Committee on Judiciary.
Rep. ALTMAN objected.
Rep. SCOTT asked unanimous consent to recall S. 511 from the Committee on Ways and Means.
Rep. KNOTTS objected.
Rep. VAUGHN asked unanimous consent to recall S. 511 from the Committee on Ways and Means.
Rep. KNOTTS objected.
On motion of Rep. RIVERS, with unanimous consent, the following Bill was ordered recalled from Jasper Delegation:
S. 519 (Word version) -- Senator Pinckney: A BILL TO ENACT THE JASPER COUNTY SCHOOL DISTRICT SCHOOL BOND-PROPERTY TAX RELIEF ACT SO AS TO AUTHORIZE THE IMPLEMENTATION FOLLOWING REFERENDUM APPROVAL OF A SALES AND USE TAX IN JASPER COUNTY NOT TO EXCEED ONE PERCENT FOR DEBT SERVICE ON GENERAL OBLIGATION BONDS ISSUED FOR SCHOOL CONSTRUCTION AND RENOVATION OR FOR DIRECT PAYMENTS FOR SCHOOL CONSTRUCTION AND RENOVATION.
Rep. FLEMING asked unanimous consent to recall H. 3965 from the Committee on Judiciary.
Rep. SCOTT objected.
Rep. LIMEHOUSE asked unanimous consent to recall H. 4235 from the Committee on Judiciary.
Rep. COATES objected.
Rep. CARNELL asked unanimous consent to recall H. 4209 from the Committee on Ways and Means.
Rep. PERRY objected.
The Senate amendments to the following Bill were taken up for consideration:
H. 3946 (Word version) -- Reps. Cooper, Townsend, White, Thompson, Martin and Stille: A BILL TO AMEND CHAPTER 36 OF TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 8 SO AS TO PROVIDE THAT THE MEMBERSHIP OF A NONPROFIT CORPORATION ORGANIZED UNDER THE PROVISIONS OF CHAPTER 36 MAY ELECT FOR THE CORPORATION TO BECOME A PUBLIC BODY POLITIC AND CORPORATE.
Rep. COOPER moved to adjourn debate on the Senate Amendments, which was agreed to.
The Senate amendments to the following Bill were taken up for consideration:
H. 4015 (Word version) -- Reps. Breeland, Whipper, Harrell, Weeks, Limehouse, Allison, Bowers, R. Brown, Dantzler, Emory, Gourdine, J. Hines, M. Hines, Hosey, Law, Lloyd, Mack, Meacham-Richardson, Miller, J. M. Neal, Rivers, Scarborough, Snow and Stuart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-693 SO AS TO DESIGNATE PORGY AND BESS AS THE OFFICIAL OPERA OF THIS STATE AND TO PROVIDE THAT COPYRIGHTED OR PROPRIETARY MATERIAL FROM PORGY AND BESS MAY NOT BE USED WITHOUT THE PERMISSION OF THE OWNERS OF THAT MATERIAL.
Rep. HARRELL proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\AMEND\10458HTC01), which was ruled out of order:
Amend the bill, as and if amended, by adding two appropriately numbered SECTIONS to read:
/ SECTION ___. Section 12-36-2120 of the 1976 Code is amended by adding two appropriately numbered items at the end to read:
"( ) Performances of this State's official opera Porgy and Bess, as so designated pursuant to Section 1-1-693.
( ) Indiangrass (sorghastrum nutans), the official grass of this State as so designated pursuant to Section 1-1-677, but this exemption is allowed only for sales of indiangrass for use on the grounds of public buildings."
SECTION ___. Section 12-36-2120(32) of the 1976 Code is amended to read:
"(32) natural, propane, and liquefied petroleum gas and electricity used exclusively in the production of poultry, livestock, swine, and milk and to produce agricultural plants in greenhouses that subsequently will be replanted;" /
Renumber sections to conform.
Amend totals and title to conform.
Rep. HARRELL explained the amendment.
Rep. KNOTTS raised the Point of Order that Amendment No. 1 was out of order in that it was not germane to the Bill.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Rep. BREELAND explained the Senate Amendments.
Rep. STILLE spoke in favor of the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Joint Resolution were taken up for consideration:
H. 3379 (Word version) -- Rep. J. Brown: A JOINT RESOLUTION TO ESTABLISH THE NEWBORN EYE SCREENING TASK FORCE TO STUDY AND MAKE RECOMMENDATIONS CONCERNING SCREENING NEWBORN CHILDREN FOR CERTAIN OCULAR DISEASES AND ABNORMALITIES.
Rep. J. BROWN explained the Senate Amendments.
The Senate amendments were agreed to, and the Joint Resolution having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The following Bill was taken up, read the third time, and ordered sent to the Senate:
H. 3993 (Word version) -- Reps. Wilkins, Harrell, J. R. Smith and Kelley: A BILL TO AMEND SECTION 4-12-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF CERTAIN INDUCEMENT LEASE AGREEMENTS IN CONNECTION WITH PROPERTY QUALIFYING FOR A FEE IN LIEU OF PROPERTY TAXES, SO AS TO PROVIDE GUIDELINES FOR THE QUALIFICATION OF A SPONSOR AND SPONSOR AFFILIATE FOR THE FOUR PERCENT FEE AND TO PROVIDE FOR THE TIME PERIODS FOR EXECUTION OF THE MILLAGE RATE AGREEMENT AND FOR COMPUTATION OF THE APPLICABLE CUMULATIVE PROPERTY TAX MILLAGE, AND TO PROVIDE FOR ALTERNATIVE DETERMINATION OF THE MILLAGE RATE; TO AMEND SECTION 4-29-10, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF INDUSTRIAL DEVELOPMENT PROJECTS REQUIRING A FEE IN LIEU OF PROPERTY TAXES, SO AS TO DEFINE CERTAIN TYPES OF INVESTORS; TO AMEND SECTION 4-29-67, AS AMENDED, RELATING TO INDUSTRIAL DEVELOPMENT PROJECTS REQUIRING A FEE IN LIEU OF PROPERTY TAXES, SO AS TO PROVIDE FOR INVESTORS AND INVESTOR AFFILIATES, TO PROVIDE GUIDELINES FOR THEIR QUALIFICATION FOR THE FOUR PERCENT FEE, TO PROVIDE FOR TIME PERIODS FOR EXECUTING THE MILLAGE RATE AGREEMENT AND FOR COMPUTATION OF THE APPLICABLE CUMULATIVE PROPERTY TAX MILLAGE, TO PROVIDE FOR ALTERNATIVE DETERMINATION OF THE MILLAGE RATE, AND TO MAKE NUMEROUS TECHNICAL CHANGES; AND TO AMEND SECTION 12-44-50, RELATING TO THE ESTABLISHMENT OF THE MILLAGE RATE FOR PURPOSES OF DETERMINING THE FEE PURSUANT TO THE FEE IN LIEU OF TAX SIMPLIFICATION ACT, SO AS TO PROVIDE FOR GUIDELINES FOR INVESTORS AND INVESTOR AFFILIATES AND THEIR QUALIFICATION FOR THE FOUR PERCENT FEE, TO PROVIDE FOR TIME PERIODS FOR EXECUTING THE MILLAGE RATE AGREEMENT AND FOR COMPUTATION OF THE APPLICABLE CUMULATIVE PROPERTY TAX MILLAGE, TO PROVIDE FOR ALTERNATIVE DETERMINATION OF THE MILLAGE RATE, AND TO MAKE NUMEROUS TECHNICAL CHANGES.
The motion period was dispensed with on motion of Rep. J. YOUNG.
The following Bill was taken up:
H. 3167 (Word version) -- Reps. J. Young, Davenport, Vaughn, Sandifer, Whatley, Simrill, Altman, Robinson, Loftis, White, Lourie and Campsen: A BILL TO ENACT THE "SOUTH CAROLINA EXILE ACT OF 2001" INCLUDING PROVISIONS TO AMEND SECTION 16-23-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR OFFENSES INVOLVING WEAPONS, SO AS TO PROVIDE INCREASED PENALTIES FOR AN OFFENDER WITH A PREVIOUS CONVICTION FOR A VIOLENT CRIME; TO AMEND SECTION 16-23-490, AS AMENDED, RELATING TO PENALTIES FOR POSSESSION OF A FIREARM DURING COMMISSION OF A VIOLENT CRIME, SO AS TO PROVIDE A SEPARATE OFFENSE FOR THE POSSESSION OF A FIREARM DURING AN OFFENSE INVOLVING A CONTROLLED SUBSTANCE AND TO PROVIDE A SEPARATE, MANDATORY MINIMUM TERM OF IMPRISONMENT UPON CONVICTION; TO AMEND SECTION 17-15-10, RELATING TO BAIL AND RECOGNIZANCE, SO AS TO ADD OTHER CONDITIONS OF RELEASE AND MAKE TECHNICAL CHANGES; TO AMEND SECTION 17-15-15, RELATING TO THE DEPOSIT OF CASH PERCENTAGE IN LIEU OF BOND, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 17-15-30, RELATING TO THE COURT'S CONSIDERATION OF CERTAIN FACTORS WHEN MAKING A BAIL DECISION, SO AS TO PROVIDE ADDITIONAL FACTORS AND TO REQUIRE THE COURT TO CONSIDER EACH FACTOR WHEN MAKING ITS DECISION; AND TO AMEND SECTION 22-5-510, AS AMENDED, RELATING TO BOND HEARINGS, SO AS TO PROVIDE ADDITIONAL OFFENSES FOR WHICH THE MAGISTRATE MAY DENY BAIL AND TO REQUIRE THE MAGISTRATE TO OBTAIN, WHEN FEASIBLE, THE PERSON'S CRIMINAL HISTORY FROM THE ARRESTING LAW ENFORCEMENT AGENCY BEFORE CONDUCTING THE BOND HEARING AND TO PROVIDE A DEFINITION OF CRIMINAL HISTORY.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\AMEND\5527DJC01), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. This act may be cited as the "South Carolina Exile Act of 2001".
SECTION 2. Section 16-23-10(c) of the 1976 Code is amended to read:
"(c) The term "crime of violence" means murder, manslaughter (except negligent manslaughter arising out of traffic accidents), rape, mayhem, kidnapping, burglary, robbery, housebreaking, assault with intent to kill, commit rape, or rob, assault with a dangerous weapon, or assault with intent to commit any offense punishable by imprisonment for more than one year. The term 'crime of violence' means any offense listed in Section 16-1-60 and includes any similar offense as defined by any jurisdiction or court of the United States, the several states, commonwealths, territories, possessions, or District of Columbia."
SECTION 3. Section 6-23-50(A)(1) of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:
"(A)(1) A person, including a dealer, who violates the provisions of this article, except Section 16-23-20, is guilty of a felony and, upon conviction, must be fined not more than two thousand dollars or imprisoned not more than five years, or both. However, a person who violates the provisions of this article, except Section 16-23-20, and who was previously convicted of a crime of violence, as defined in Section 16-23-10(c), upon conviction, must be sentenced to a mandatory minimum term of imprisonment of five years, no part of which may be suspended or probation granted, in addition to the punishment provided for the principal offense. A person sentenced to a mandatory minimum term of imprisonment pursuant to this section is not eligible for parole or any early release program; nor is the person eligible to receive any work credits, education credits, good conduct credits, or any other credits that would reduce the mandatory minimum term of imprisonment required by this section."
SECTION 4. Section 16-23-490 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:
"(A)(1) If a person is in possession of a firearm whether on his person or within his immediate access, or visibly displays what appears to be affirmatively represents that he is in possession of a firearm or visibly displays a knife during the commission of a violent crime and is convicted of committing or attempting to commit a violent crime as defined in Section 16-1-60, he must be imprisoned sentenced to a mandatory minimum term of imprisonment of five years, no part of which may be suspended or probation granted, in addition to the punishment provided for the principal crime offense. This five-year sentence does not apply in cases where the death penalty or a life sentence without parole is imposed for the violent crime.
(2) If a person is in possession of a firearm whether on his person or within his immediate access, or affirmatively represents that he is in possession of a firearm or visibly displays a knife during the commission or attempted commission of the unlawful manufacture, sale, or distribution of a controlled substance, or during the possession of a controlled substance with the intent to distribute as defined in Sections 44-53-370 and 44-53-375, he must be sentenced to a mandatory minimum term of imprisonment of five years, no part of which may be suspended or probation granted, in addition to the punishment provided for the principal offense.
(B) Service of the five-year sentence is mandatory unless a longer mandatory minimum term of imprisonment is provided by law for the violent crime. A person sentenced to a mandatory minimum term of imprisonment pursuant to this section is not eligible for parole or any early release program, nor is the person eligible to receive any work credits, education credits, good conduct credits, or any other credits that would reduce the mandatory minimum term of imprisonment required by this section. The court may must impose this mandatory five-year sentence to run consecutively or concurrently. to the sentence imposed for the principal offense.
(C) The person sentenced under this section is not eligible during this five-year period for parole, work release, or extended work release. The five years may not be suspended and the person may not complete his term of imprisonment in less than five years pursuant to good-time credits or work credits, but may earn credits during this period.
(D)(C) As used in this section, 'firearm' means any machine gun, automatic rifle, revolver, pistol, or any weapon which will, can, or is capable of or is designed to, or may readily be converted to expel a projectile; 'knife' means an instrument or tool consisting of a sharp cutting blade whether or not fastened to a handle which is capable of being used to inflict a cut, slash, or wound.
(E)(D)(1) The additional punishment penalties may must not be imposed unless the indictment alleged as a separate count that:
(a) the person was in possession of a firearm or visibly displayed what appeared to be a firearm whether on his person or within his immediate access, or affirmatively represents that he is in possession of a firearm or visibly displays a knife during the commission of the violent crime and conviction was had upon this the person was convicted of this separate count in the indictment.;or
(b) the person was in possession of a firearm whether on his person or within his immediate access, or affirmatively represents that he is in possession of a firearm or visibly displays a knife during the commission or attempted commission of the unlawful manufacture, sale, or distribution of a controlled substance, or during the possession of a controlled substance with the intent to distribute as defined in Sections 44-53-370 and 44-53-375 and the person was convicted on this separate count in the indictment.
(2) The penalties prescribed in this section may subsection (A)(1) must not be imposed unless the person convicted was at the same time indicted for and convicted of a violent crime as defined in Section 16-1-60.
The penalties prescribed in subsection (A)(2) must not be imposed unless the person convicted was at the same time indicted for and convicted of the offense of unlawful manufacture, sale, or distribution of a controlled substance, or during the possession of a controlled substance with the intent to distribute as defined in Sections 44-53-370 and 44-53-375."
SECTION 5. If any provision of this act or its application thereof to any person is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application and, to this end, the provisions of this act are severable.
SECTION 6. This act takes effect upon approval by the Governor and applies to offenses committed on or after that date. A person arrested, charged, or indicted under those provisions of law amended by this act must be tried and sentenced as provided by the law in force at the time of the commission of the offense. /
Renumber sections to conform.
Amend title to conform.
Rep. J. YOUNG explained the amendment.
The amendment was then adopted.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Bales Barfield Barrett Battle Bingham Bowers Brown, J. Campsen Carnell Chellis Coates Cooper Cotty Dantzler Davenport Delleney Easterday Emory Fleming Freeman Frye Gourdine Hamilton Harrell Harrison Harvin Haskins Hayes Hines, J. Hinson Huggins Keegan Kelley Kirsh Klauber Knotts Koon Law Leach Limehouse Littlejohn Lourie Lucas Martin McCraw McGee McLeod Meacham-Richardson Merrill Neal, J.M. Ott Owens Perry Phillips Rice Riser Robinson Sandifer Scarborough Sharpe Sheheen Simrill Sinclair Smith, D.C. Smith, G.M. Smith, J.R. Smith, W.D. Snow Stille Stuart Talley Taylor Thompson Townsend Tripp Trotter Vaughn Walker Webb Weeks Whatley Whipper White Wilkins Young, A. Young, J.
Those who voted in the negative are:
Brown, R. Hosey Howard Lee Lloyd Parks Rutherford
So, the Bill, as amended, was read the second time and ordered to third reading.
The COMMITTEE OF CONFERENCE, to whom was referred:
H. 3117 (Word version) -- Reps. Kirsh, Witherspoon and Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-2740 SO AS TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY UPON WRITTEN OR ELECTRONIC NOTIFICATION FROM THE COUNTY TREASURER TO SUSPEND THE DRIVER'S LICENSE AND MOTOR VEHICLE REGISTRATION OF PERSONS WHO ARE DELINQUENT IN PAYING PERSONAL PROPERTY TAXES ON A MOTOR VEHICLE; TO AMEND SECTION 12-37-2675, RELATING TO THE PROHIBITION OF ADDITIONAL TAXES WHEN A MOTOR VEHICLE LICENSE PLATE IS TRANSFERRED, SO AS TO PROVIDE THAT THE PROHIBITION APPLIES IF THE TITLE AND REGISTRATION TO THE VEHICLE FROM WHICH THE TAG WAS REMOVED IS TRANSFERRED TO A NEW OWNER; AND TO AMEND SECTION 56-3-1290, RELATING TO THE TRANSFER OF LICENSE PLATES AND THE APPLICABLE FEE, SO AS TO ALLOW A TRANSFER ONLY IF THE TITLE AND REGISTRATION TO THE VEHICLE FROM WHICH THE LICENSE WAS REMOVED IS TRANSFERRED TO A NEW OWNER.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Article 21, Chapter 37, Title 12 of the 1976 Code is amended by adding:
"Section 12-37-2740. (A) The Department of Public Safety shall suspend the driver's license and vehicle registration of a person who fails to pay personal property tax on a vehicle. The request to suspend must be an electronic notification from the county treasurer of the county where the tax is delinquent. Before the electronic notification is sent to the department, the county treasurer shall notify the delinquent taxpayer of the pending suspension by letter. The letter must be developed by the county treasurers in conjunction with the department and used uniformly throughout the State. The letter must advise the person of the pending suspension and the steps necessary to prevent the suspension from being entered on the person's driving and registration records. Each county must allow thirty days for the payment of taxes before the county notifies the department to suspend the person's driver's license and vehicle registration.
(B) Notwithstanding the provisions of Section 56-1-460, a charge of driving under suspension when the suspension is solely for failure to pay property taxes or the reinstatement fee required for the property tax suspension does not require proof of financial responsibility. A person shall not be subject to a custodial arrest solely for being under suspension pursuant to provisions contained in this section. Upon conviction:
(1) For a first offense under this section, the penalty is a fine not to exceed fifty dollars.
(2) For a second offense under this section, the penalty is a fine not to exceed two hundred fifty dollars.
(3) For a third or subsequent offense under this section, the penalty must not exceed the general criminal jurisdiction of a magistrates court.
(C) Notwithstanding the provisions of subsections (A) and (B) of this section or the provisions of Section 56-1-460, a charge of driving under suspension issued solely as a result of this section must be dismissed if the person provides proof on the person's court date that the personal property taxes on the vehicle which resulted in the charge being issued have been paid.
(D) Before the reinstatement of a driver's license or vehicle registration suspended due to a violation of this section, a fee of fifty dollars must be paid to the department. The department may retain revenues generated by payment of the reinstatement fees pursuant to this section for use in defraying costs associated with suspension and reinstatement actions pursuant to this section. Fees collected in excess of actual departmental direct costs related to suspension and reinstatement actions pursuant to this section must be deposited to the credit of the general fund of the State at the end of each fiscal year."
SECTION 2. This act takes effect on October 1, 2001. /
Amend title to read:
/ A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-2740 SO AS TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY UPON ELECTRONIC NOTIFICATION FROM THE COUNTY TREASURER TO SUSPEND THE DRIVER'S LICENSE AND MOTOR VEHICLE REGISTRATION OF PERSONS WHO ARE DELINQUENT IN PAYING PERSONAL PROPERTY TAXES ON A MOTOR VEHICLE, TO REQUIRE WRITTEN NOTICE TO THE DELINQUENT TAXPAYER OF THE PENDING SUSPENSION AND ALLOW THIRTY DAYS FOR THE PAYMENT OF TAXES BEFORE THE SUSPENSION, TO PROVIDE THAT NO PROOF OF FINANCIAL RESPONSIBILITY IS REQUESTED FOLLOWING THIS SUSPENSION, TO PROVIDE THAT A PERSON STOPPED FOR DRIVING UNDER THIS SUSPENSION IS NOT SUBJECT TO CUSTODIAL ARREST, TO PROVIDE PENALTIES FOR THE VIOLATION OF DRIVING UNDER THIS SUSPENSION, TO REQUIRE THE DISMISSAL OF THE VIOLATION CHARGED IF THE PERSON PROVIDES ON THE COURT DATE PROOF OF PAYMENT OF THE TAXES, TO PROVIDE A LICENSE REINSTATEMENT FEE OF FIFTY DOLLARS, AND TO PROVIDE FOR THE DISPOSITION OF THE FEE REVENUES. /
Chauncey K. Gregory Elsie Rast Stuart W. Greg Ryberg Edith Martin Rodgers Linda H. Short Jesse E. Hines On Part of the Senate. On Part of the House.Rep. STUART explained the Conference Report.
Rep. KNOTTS spoke against the Conference Report.
Rep. KIRSH raised the Point of Order that the Conference Report had not been printed in the Journal and therefore in accordance with Rule 5.14 should not be considered.
SPEAKER WILKINS sustained the Point of Order and stated that the Conference Report shall not be considered until it had been printed in the Journal.
Rep. SHARPE moved to waive Rule 5.15, which was agreed to by a division vote of 47 to 21.
Rep. STUART spoke in favor of the Conference Report.
Rep. WALKER spoke in favor of the Conference Report.
Rep. LOFTIS spoke against the Conference Report.
Rep. KNOTTS spoke against the Conference Report.
Rep. KNOTTS continued speaking.
Rep. KIRSH spoke against the Conference Report.
Rep. KNOTTS moved to table the Conference Report.
Rep. KIRSH demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Knotts Loftis Mack Rutherford Smith, F.N. Smith, G.M. Weeks Whatley Whipper Young, J.
Those who voted in the negative are:
Allison Altman Barfield Barrett Battle Bingham Bowers Breeland Brown, J. Brown, R. Campsen Cato Chellis Clyburn Cobb-Hunter Coleman Dantzler Davenport Delleney Easterday Edge Emory Fleming Freeman Frye Gilham Govan Hamilton Harrell Harrison Harvin Haskins Hayes Hines, J. Hinson Hosey Howard Huggins Jennings Keegan Kelley Kennedy Kirsh Koon Law Leach Lee Limehouse Littlejohn Lloyd Lourie Lucas Martin McCraw McGee McLeod Meacham-Richardson Merrill Miller Neal, J.M. Ott Owens Parks Perry Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Scarborough Scott Sharpe Sheheen Simrill Sinclair Smith, D.C. Smith, J.E. Smith, J.R. Snow Stille Stuart Talley Taylor Thompson Townsend Trotter Vaughn Walker Webb White Wilder Wilkins Young, A.
So, the House refused to table the Conference Report.
The question then recurred to the adoption of the Conference Report, which was agreed to.
The following was received:
Columbia, S.C., June 6, 2001
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Hayes, Branton and Hutto of the Committee of Conference on the part of the Senate on S. 349:
S. 349 (Word version) -- Senators Branton, Verdin, Leatherman, Peeler, McConnell, Giese, Grooms, Bauer, Waldrep, Wilson, Mescher, Ryberg, Fair, Hayes, Thomas and Martin: A BILL TO AMEND SECTION 12-21-2420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RATE OF THE ADMISSIONS TAX AND EXEMPTIONS FROM THE ADMISSIONS TAX, SO AS TO PROVIDE THAT ENTRY INTO THE PIT AREA OF MOTOR SPEEDWAYS OR RACETRACKS FOR DRIVERS, CREW MEMBERS, SCOREKEEPERS OR OTHER SUPPORT STAFF, CAR OWNERS AND SPONSORS, AND FAMILY MEMBERS THEREOF IS EXEMPT FROM THE ADMISSIONS TAX UNDER CERTAIN CONDITIONS.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., June 6, 2001
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators McGill, Richardson and Mescher of the Committee of Conference on the part of the Senate on S. 63:
S. 63 (Word version) -- Senators Mescher, Grooms, Richardson, McGill, Elliott, Reese and Branton: A BILL TO AMEND SECTION 7-13-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FILING FEES FOR PARTY PRIMARIES, SO AS TO PROVIDE THAT THE COUNTY POLITICAL PARTY MAY RETAIN TEN PERCENT OF THE FILING FEES PAID BY CANDIDATES.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., June 6, 2001
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 3117:
H. 3117 (Word version) -- Reps. Kirsh, Witherspoon and Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-2740 SO AS TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY UPON WRITTEN OR ELECTRONIC NOTIFICATION FROM THE COUNTY TREASURER TO SUSPEND THE DRIVER'S LICENSE AND MOTOR VEHICLE REGISTRATION OF PERSONS WHO ARE DELINQUENT IN PAYING PERSONAL PROPERTY TAXES ON A MOTOR VEHICLE; TO AMEND SECTION 12-37-2675, RELATING TO THE PROHIBITION OF ADDITIONAL TAXES WHEN A MOTOR VEHICLE LICENSE PLATE IS TRANSFERRED, SO AS TO PROVIDE THAT THE PROHIBITION APPLIES IF THE TITLE AND REGISTRATION TO THE VEHICLE FROM WHICH THE TAG WAS REMOVED IS TRANSFERRED TO A NEW OWNER; AND TO AMEND SECTION 56-3-1290, RELATING TO THE TRANSFER OF LICENSE PLATES AND THE APPLICABLE FEE, SO AS TO ALLOW A TRANSFER ONLY IF THE TITLE AND REGISTRATION TO THE VEHICLE FROM WHICH THE LICENSE WAS REMOVED IS TRANSFERRED TO A NEW OWNER.
Very respectfully,
President
Received as information.
The Report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for ratification.
The COMMITTEE OF CONFERENCE, to whom was referred:
S. 349 (Word version) -- Senators Branton, Verdin, Leatherman, Peeler, McConnell, Giese, Grooms, Bauer, Waldrep, Wilson, Mescher, Ryberg, Fair, Hayes, Thomas and Martin: A BILL TO AMEND SECTION 12-21-2420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RATE OF THE ADMISSIONS TAX AND EXEMPTIONS FROM THE ADMISSIONS TAX, SO AS TO PROVIDE THAT ENTRY INTO THE PIT AREA OF MOTOR SPEEDWAYS OR RACETRACKS FOR DRIVERS, CREW MEMBERS, SCOREKEEPERS OR OTHER SUPPORT STAFF, CAR OWNERS AND SPONSORS, AND FAMILY MEMBERS THEREOF IS EXEMPT FROM THE ADMISSIONS TAX UNDER CERTAIN CONDITIONS.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 12-21-2420 of the 1976 Code is amended by adding a new item appropriately numbered to read:
"( ) for entry into the pit area of NASCAR sanctioned motor speedways or racetracks for drivers, crew members, or car owners where a participation fee is charged these persons by NASCAR, or by the speedway or racetrack, where a charge to these persons is made on a per event basis for entry into the pit area, or where a combination of annual and per event charges to these persons is made for entry into the pit area;"
SECTION 2. Section 6-4-5 of the 1976 Code, as added by Act 147 of 1991, is amended by adding at the end:
"(5) 'Tourist' means a person traveling to and staying in places outside his usual environment for one night or more for leisure, business, or any other purpose. A person meeting this definition may be staying in places of public accommodations such as hotels, motels, inns, bed and breakfasts, campgrounds, or the residences of family or friends."
SECTION 3. A. Chapter 4, Title 6 of the 1976 Code is amended by adding:
"Section 6-4-35. (A) There is established the Tourism Expenditure Review Committee consisting of nine members as follows:
(1) one member appointed by the Speaker of the House;
(2) one member appointed by the President Pro Tempore of the Senate;
(3) the Director of the South Carolina Department of Parks, Recreation and Tourism, or his designee, ex officio;
(4) six members appointed by the Governor as follows:
(a) one member on the recommendation of the South Carolina Association of Tourism Regions;
(b) one member on the recommendation of the South Carolina Association of Convention and Visitors Bureaus;
(c) one member on the recommendation of the South Carolina Travel and Tourism Coalition;
(d) one member on the recommendation of the Municipal Association of South Carolina;
(e) one member on the recommendation of the South Carolina Association of Counties; and
(f) one member on the recommendation of the Hospitality Association of South Carolina.
Appointed members shall serve for terms of four years and until their successors are appointed and qualify, except that of those first appointed by the Governor, four shall serve for a term of two years and the term must be noted on the appointment. Regardless of the date of appointment, all terms expire July first of the applicable year. Members shall serve without compensation, but may receive the mileage, subsistence, and per diem allowed by law for members of state boards, committees, and commissions. Vacancies must be filled in the manner of original appointment for the unexpired portion of the term.
(B)(1)(a) The Tourism Expenditure Review Committee shall serve as the oversight authority on all questionable tourism-related expenditures and to that end, all reports filed pursuant to Section 6-4-25(D)(3) must be forwarded to the committee for review to determine if they are in compliance with this chapter. The municipality or county must be notified if an expenditure is questioned, and the committee may consider any further supporting information the municipality or county may provide. If the committee finds an expenditure to be in noncompliance, it shall certify the noncompliance to the State Treasurer, who shall withhold the amount of the expenditure found in noncompliance from subsequent distributions in accommodations tax revenue otherwise due the municipality or county. An appeal from an action of the committee under this subitem lies with the Administrative Law Judge Division.
(b) If the committee determines that a municipality or county has failed to file the reports required pursuant to Section 6-4-25(D)(3), it may impose a fee of five hundred dollars a month or part of a month for each month the report is not filed, but not more than five thousand dollars. The committee shall certify the penalty to the State Treasurer, who shall withhold the amount of the penalty from subsequent distributions otherwise due the municipality or county. An appeal from an action of the committee under this subitem lies with the Administrative Law Judge Division.
(c) Allocations withheld must be reallocated proportionately to all other recipients.
(2) The committee has jurisdiction to investigate and research facts on written complaints submitted to it with regard to the appropriate tourism-related expenditures and resolve these complaints as provided in item (1) of this subsection.
(3) The committee shall forward copies of information submitted by the local governments and regional tourism agencies pursuant to Section 6-4-25 arising under the tourism provisions of this chapter to the Department of Parks, Recreation and Tourism, which shall publish an annual report on the information submitted."
B. Section 6-4-30 of the 1976 Code, as amended by Act 87 of 1997, is further amended to read:
"Section 6-4-30. Local governments covered by this chapter may expend accommodations tax revenues pursuant to this chapter, and the Department of Revenue shall:
(1) serve as a resource to, answer questions of, and assist advisory committees and local governments in the implementation of the accommodations tax; and
(2) arrange continuing education programs or workshops for local governmental officials and advisory committee members;
(3) serve as the oversight authority on questionable expenditures;
(4) require that complaints relating to the accommodations tax be submitted in writing;
(5) investigate and research facts on submitted complaints;
(6) forward copies of information submitted by the local governments and regional tourism agencies in Section 6-4-20 covered by the tourism provisions of this chapter to the Department of Parks, Recreation and Tourism, which shall publish an annual report on the information submitted."
C. Section 12-36-2630(3) of the 1976 Code is amended to read:
"(3) a two percent local accommodations tax, which must be credited to the political subdivisions of the State in accordance with Chapter 4 of Title 6. The proceeds of this tax, less the departments department's actual incremental increase in the cost of administration and the expenses of the Tourism Expenditure Review Committee established pursuant to Section 6-4-35, must be remitted quarterly to the municipality or the county in which it is collected. The two percent tax provided by this item may not be increased except upon approval of two-thirds of the membership of each House of the General Assembly. However, the tax may be decreased or repealed by a simple majority of the membership of each House of the General Assembly.
The tax imposed by Section 12-36-920 must be billed and paid in a single item listed as tax, without itemizing the taxes referred to in this section."
SECTION 4. Section 12-21-2420(14) of the 1976 Code is amended to read:
"(14) On admissions to a physical fitness center subject to the provisions of Chapter 79 of Title 44, the Physical Fitness Services Act, that provides only the following activities or facilities:
(a) aerobics or calisthenics;
(b) weightlifting equipment;
(c) exercise equipment;
(d) running tracks;
(e) racquetball;
(f) swimming pools for aerobics and lap swimming; and
(g) other similar items approved by the department.
The entire admission charge of a physical fitness center which provides any other activity or facilities is subject to the tax imposed by this article. Physical fitness facilities or centers of the State of South Carolina and any of its political subdivisions which are exempt from the Physical Fitness Services Act, pursuant to Section 44-79-110 and therefore subject to the admissions tax under this article are nevertheless exempt from the admissions tax if they meet other requirements of this subsection."
SECTION 5. This act takes effect upon approval by the Governor. /
Amend title to read:
/ TO AMEND SECTION 12-21-2420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RATE OF THE ADMISSIONS LICENSE TAX AND EXEMPTIONS FROM THE ADMISSIONS LICENSE TAX, SO AS TO PROVIDE THAT ENTRY INTO THE PIT AREA OF NASCAR SANCTIONED MOTOR SPEEDWAYS AND RACETRACKS FOR DRIVERS, CREW MEMBERS, OR CAR OWNERS IS EXEMPT FROM THE TAX WHEN THESE PERSONS HAVE BEEN CHARGED A PARTICIPATION FEE BY NASCAR OR THE RACETRACK, OR WHERE THERE IS A PER EVENT CHARGE FOR ENTRY, OR A COMBINATION OF THESE FEES AND CHARGES ARE IMPOSED, AND TO EXTEND THE CURRENT EXEMPTION FROM THE ADMISSIONS LICENSE TAX FOR PRIVATE PHYSICAL FITNESS CENTERS TO PUBLICLY OWNED PHYSICAL FITNESS CENTERS; TO AMEND THE 1976 CODE BY ADDING SECTION 6-4-35 SO AS TO ESTABLISH THE TOURISM EXPENDITURE REVIEW COMMITTEE FOR THE PURPOSE OF REVIEWING TOURISM-RELATED EXPENDITURES OF STATE ACCOMMODATIONS SALES TAX REVENUES OF MUNICIPALITIES AND COUNTIES AND TO PROVIDE FOR ITS MEMBERSHIP AND DUTIES, INCLUDING THE AUTHORITY TO ORDER A REDUCTION IN THE ACCOMMODATIONS TAX REVENUE ALLOCATION TO A MUNICIPALITY OR COUNTY TO REFLECT A QUESTIONABLE EXPENDITURE OR LATE FILED REPORTS; TO AMEND SECTIONS 6-4-5 AND 6-4-30, AS AMENDED, RELATING TO DEFINITIONS AND THE DUTIES OF THE DEPARTMENT OF REVENUE IN THE ALLOCATIONS OF ACCOMMODATIONS TAX REVENUES, SO AS TO ADD A DEFINITION FOR "TOURIST" AND TO DELETE DUTIES FORMERLY ASSIGNED TO THE DEPARTMENT OF REVENUE NOW ASSIGNED THE COMMITTEE ESTABLISHED BY THIS ACT; AND TO AMEND SECTION 12-36-2630, RELATING TO THE IMPOSITION OF THE STATE SALES TAX ON ACCOMMODATIONS, SO AS TO CLARIFY THE REVENUES WHICH MAY BE RETAINED BY THE DEPARTMENT OF REVENUE AND TO ALLOW THESE REVENUES TO FUND THE EXPENSES OF THE COMMITTEE ESTABLISHED BY THIS ACT./
William S. Branton, Jr. Mark S. Kelley Robert W. Hayes, Jr. Converse A. Chellis C. Bradley Hutto Rex F. Rice On Part of the Senate. On Part of the House.
Rep. CHELLIS explained the Conference Report.
The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
Rep. HARRELL moved that the House recur to the Morning Hour, which was agreed to.
Rep. FLEMING, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 4223 (Word version) -- Reps. Huggins, Bingham, Frye, Knotts, Koon, Riser and Stuart: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO ERECT "JEWEL OF SOUTH CAROLINA VISITOR INFORMATION" SIGNS AT EIGHT LOCATIONS ALONG THE STATE'S HIGHWAYS THAT PROVIDE A TELEPHONE NUMBER WHICH ALLOWS A CALLER TO OBTAIN PRE-RECORDED INFORMATION REGARDING ACTIVITIES OCCURRING IN THE CAPITAL CITY/LAKE MURRAY COUNTRY TOURISM REGION.
On motion of Rep. HUGGINS, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration:
H. 4223 (Word version) -- Reps. Huggins, Bingham, Frye, Knotts, Koon, Riser and Stuart: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO ERECT "JEWEL OF SOUTH CAROLINA VISITOR INFORMATION" SIGNS AT EIGHT LOCATIONS ALONG THE STATE'S HIGHWAYS THAT PROVIDE A TELEPHONE NUMBER WHICH ALLOWS A CALLER TO OBTAIN PRE-RECORDED INFORMATION REGARDING ACTIVITIES OCCURRING IN THE CAPITAL CITY/LAKE MURRAY COUNTRY TOURISM REGION.
Whereas, the Capital City/Lake Murray Country Tourism Region is blessed with many attractions, festivals, and natural resources that appeal to its visitors; and
Whereas, this region is served by three major interstate highways, which on a daily basis bring many potential visitors to this area; and
Whereas, the members of the General Assembly believe that the placement of informational signs at eight strategic locations that contain the words:
and direct a cellular telephone user to dial a number to obtain pre-recorded information from the Capital City/Lake Murray Country Regional Tourism District regarding activities in the region would attract more tourists to this area; and
Whereas, these signs would be placed at the following eight strategic locations:
(1) Mile Marker 70 on Interstate Highway 26 East in Newberry County;
(2) Between Mile Markers 37 and 38 near the Aiken-Lexington County line on Interstate Highway 20 East;
(3) Between Mile Markers 84 and 85 near the Richland-Kershaw County line on Interstate Highway 20 West;
(4) Between Mile Markers 29 and 30 near the Richland-Fairfield County line on Interstate Highway 77 South;
(5) Mile Marker 120 on Interstate Highway 26 West in Lexington County;
(6) Near the Richland-Sumter County line along the westbound lane of United States Highway 378;
(7) Near the Edgefield-Saluda County line along the eastbound lane of United States Highway 378; and
(8) Near the Aiken-Saluda County line along the westbound lane of United States Highway 1. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina request the Department of Transportation to erect the eight informational signs described in this resolution at the locations identified in this resolution that will serve to attract additional tourists to the Capital City/Lake Murray Country Tourism Region.
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The following was introduced:
H. 4266 (Word version) -- Rep. J. Hines: A HOUSE RESOLUTION TO COMMEND AND CONGRATULATE THE MEMBERS OF THE LAMAR HIGH SCHOOL BOYS TRACK TEAM ON WINNING THEIR THIRD CONSECUTIVE CLASS A STATE CHAMPIONSHIP SATURDAY, MAY 12, 2001, IN COLUMBIA AND WISH THE TEAM MUCH ATHLETIC AND ACADEMIC SUCCESS IN THE FUTURE.
The Resolution was adopted.
The following was introduced:
H. 4267 (Word version) -- Rep. Weeks: A HOUSE RESOLUTION TO RECOGNIZE THE MANY ACCOMPLISHMENTS OF CITY OF SUMTER POLICE CHIEF HAROLD JOHNSON AND TO EXTEND BEST WISHES TO HIM AND HIS FAMILY UPON HIS RETIREMENT.
The Resolution was adopted.
The following was introduced:
H. 4268 (Word version) -- Reps. J. Young, G. M. Smith, Weeks, Harvin, J. H. Neal and G. Brown: A HOUSE RESOLUTION EXTENDING THE SINCERE CONDOLENCES OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE FAMILY AND FRIENDS OF ESTHER BONEY SHAW OF SUMTER COUNTY ON THE OCCASION OF HER DEATH ON JUNE 5, 2001.
The Resolution was adopted.
The following was introduced:
H. 4269 (Word version) -- Reps. Freeman and Lucas: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MRS. DANNELLA V. HILLIAN OF CHESTERFIELD COUNTY FOR HER MANY YEARS OF UNSELFISH PUBLIC SERVICE AND HER CONTRIBUTIONS TO THE 4-H YOUTH AND HOME ECONOMICS PROGRAMS AND TO WISH HER EVERY HAPPINESS AND GOOD FORTUNE IN HER RETIREMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4270 (Word version) -- Reps. Haskins and Townsend: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF EDUCATION TO NOTIFY SCHOOL DISTRICTS WHEN FEDERAL FUNDING IS AVAILABLE UNDER THE CHILDREN'S INTERNET PROTECTION ACT AND TO URGE SCHOOL DISTRICTS TO APPLY FOR FUNDING THAT WILL BE AVAILABLE UNDER THE CHILDREN'S INTERNET PROTECTION ACT TO IMPLEMENT INTERNET SAFETY POLICY.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4271 (Word version) -- Rep. Owens: A HOUSE RESOLUTION TO COMMEND BRADFORD CAMPBELL CROOK FOR HIS OUTSTANDING SERVICE TO THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AS A SECURITY AGENT AND TO WISH HIM WELL AND GODSPEED AS HE BEGINS EMPLOYMENT WITH THE UNITED STATES SECRET SERVICE.
The Resolution was adopted.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4272 (Word version) -- Rep. Edge: A BILL TO AMEND SECTION 7-7-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN HORRY COUNTY, SO AS TO REDESIGNATE CERTAIN PRECINCTS AND DESIGNATE A MAP NUMBER ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED.
On motion of Rep. EDGE, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4273 (Word version) -- Rep. G. Brown: A BILL TO AMEND SECTION 1-11-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY FOR PARTICIPATION IN THE STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO EXTEND ELIGIBILITY TO A PRIVATE NONPROFIT CORPORATION RECEIVING PUBLIC FUNDS TO PROVIDE EMERGENCY MEDICAL SERVICES IN A POLITICAL SUBDIVISION OF THIS STATE; AND TO AMEND SECTION 9-1-10, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO INCLUDE WITHIN THE DEFINITION OF "EMPLOYER" A PRIVATE NONPROFIT CORPORATION RECEIVING PUBLIC FUNDS TO PROVIDE EMERGENCY MEDICAL SERVICES IN A POLITICAL SUBDIVISION OF THIS STATE AND TO INCLUDE WITHIN THE DEFINITION OF "EMPLOYEE" PERSONS EMPLOYED BY THAT CORPORATION.
Rep. LUCAS asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. COOPER objected.
Referred to Committee on Ways and Means
The COMMITTEE OF CONFERENCE, to whom was referred:
H. 3288 (Word version) -- Reps. Cato, Edge and White: A BILL TO AMEND CHAPTER 29, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BUSINESS OF MANUFACTURED HOUSING, SO AS TO CONFORM THE CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF CHAPTER 1, TITLE 40 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF THE SOUTH CAROLINA MANUFACTURED HOUSING BOARD.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 29, Title 40 of the 1976 Code is amended to read:
Section 40-29-10. This chapter may be cited as the "Uniform Standards Code for Manufactured Housing Act".
Section 40-29-20. (1) "Authorized official" means a person acting on behalf of a manufactured home retail dealer.
(2) "Board" means the South Carolina Manufactured Housing Board.
(3) "Construction and Safety Standards Act" means Federal Manufactured Housing Construction and Safety Standards Act of 1974.
(4) "Consumer" means a person who in good faith purchases a manufactured home for purposes other than resale.
(5) "Defect" includes a defect in the performance, construction, components, or material of a manufactured home that renders the home or any part of it not fit for the ordinary use for which it was intended.
(6) [Deleted.]
(7) "Established place of business" means the office, building, or display area where the exercise of the ordinary and regular functions of the business are conducted for the purpose of carrying on the business of the owner and where books, records, files, inventory, and equipment necessary to properly conduct the business are maintained.
(8) "Imminent safety hazard" means a hazard that presents an imminent and unreasonable risk of death or severe personal injury.
(9) "Manufactured home" means a structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width, or forty body feet or more in length, or, when erected on site, is three hundred twenty or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained in it.
(10) "Manufactured home contractor" means a person or entity, other than an employee of a licensed manufactured home retail dealer or person performing a function which the person is licensed to perform, who for valuable consideration engages in the installation, modification, alteration, or repair to the structural, mechanical, or electrical systems of a manufactured home.
(11) "Manufactured home installer" means a person or entity, other than an employee of a licensed manufactured home retail dealer or person performing a function which the person is licensed to perform, who for valuable consideration installs manufactured housing.
(12) "Manufactured home manufacturer" means a person, resident or nonresident, who designs, constructs, or produces manufactured homes.
(13) "Manufactured home repairer" means a person or entity, other than an employee of a licensed manufactured home retail dealer or person performing a function which the person is licensed to perform, who for valuable consideration modifies, alters, or repairs the structural, mechanical, or electrical systems of a manufactured home.
(14) "Manufactured home retail dealer" means a person engaged in the business of buying, selling, offering for sale, or dealing in manufactured homes or offering for display manufactured homes for sale in South Carolina. A person who buys, sells, or deals in five or more manufactured homes in any twelve-month period, or who offers or displays for sale five or more manufactured homes in a twelve-month period is considered a manufactured home retail dealer. "Selling" and "sale" include lease-purchase transactions. "Manufactured home retail dealer" does not include banks and finance companies that acquire manufactured homes as an incident to their regular business.
(15) "Manufactured home retail salesman" means a person who is an employee or otherwise acts as an agent or representative of a manufactured home retail dealer and holds himself out as promoting, offering for sale, or selling the manufactured home retail dealer's goods or services.
(16) "Manufacturer's representative" means a person who is an employee or otherwise acts as an agent or representative of a manufactured home manufacturer for the purpose of promoting, offering for sale, or selling the manufacturer's goods or services.
(17) "Person" means an individual, natural person, firm, partnership, association, corporation, legal representative, or other recognized legal entity.
(18) "Secretary" means the Secretary of Housing and Urban Development (HUD).
(19) "Setup" means the installation operations performed at the occupancy site which render a manufactured home fit for habitation. Such operations include, but are not limited to, positioning, blocking, leveling, supporting, tying down, connecting utility systems, and assembling multiple or expandable units.
(20) "Standard" means the appropriate standards adopted by the State of South Carolina and established by the Department of Housing and Urban Development pursuant to the Federal Manufactured Housing Construction and Safety Standards Act of 1974 for single family manufactured homes.
(21) "State Administrative Agency (SAA)" means the agency of the State which has been approved to carry out the state plan and to enforce the National Manufactured Housing Construction and Safety Standards Act within South Carolina.
Section 40-29-30. There is created the Manufactured Housing Board. It is composed of ten members who are residents of South Carolina appointed by the Governor for terms of four years and until their successors are appointed and qualify. Terms of the members are limited to two consecutive four-year terms, except for the manufactured housing manufacturer. The board shall include a manufactured home retail dealer owner, a representative of the fire and casualty insurance business, a full-time employee of a fire department, a manufactured home manufacturer, a representative of the banking and finance business, a registered professional engineer, a licensed manufactured home contractor, installer, or repairer, one member from the general public who must not be associated with any of the other industries represented on the board other than as a minority stockholder, a member from the general public who currently resides in a manufactured home, and a manufactured home retail salesman. The State Fire Marshal shall serve on the board as a consultant and as an ex officio member without vote.
Each member of the board shall receive the usual per diem, mileage, and subsistence as provided by law for members of boards, commissions, and committees for days on which they are transacting official business to be paid from monies appropriated from the general fund of the State for these purposes.
The board shall meet on a regular basis. The board shall provide notice to interested members of the public of its scheduled and special meetings. It may hold special meetings other than regularly scheduled meetings, at the call of the chairman.
No member of the board may participate in any proceeding before the board involving his licensed business.
A majority of the board may petition the Governor to remove and replace a member of the board for cause that includes, but is not limited to:
(1) the request of that board member to be replaced;
(2) failure of that board member to participate regularly at meetings called by the chairman;
(3) action that, in the judgment of the board, hinders the performance of the board in its duties to carry out the purpose of this chapter.
Section 40-29-40. Manufactured homes, and their integral parts, because of the manner of their construction, assembly, and use and that of their systems, components and appliances, including, but not limited to, heating, plumbing, and electrical systems, like other finished products having concealed vital parts, may present hazards to the life and safety of persons and to the safety of property unless properly manufactured. In the sale of manufactured homes, there is also the possibility of defects not readily ascertainable when inspected by purchasers. It is the policy and purpose of this State to provide protection to the public against those possible hazards and for that purpose to forbid the manufacture and sale of new manufactured homes which are not so constructed as to provide safety and protection to their owners and users and further to provide that the business practices of the industry are fair and orderly among the members of the industry with due regard to the ultimate consumers in this important area of human shelter.
Unless clearly indicated otherwise, this chapter applies to manufactured homes and mobile homes.
Section 40-29-50. The board shall:
(1) annually elect by majority vote a chairman and vice-chairman from its membership. Not more than one individual associated with the manufactured housing industry may hold the position of chairman or vice-chairman at the same time;
(2) establish by regulation classifications of licenses and qualifications and examinations necessary for licensure under this chapter;
(3) issue licenses, and suspend or revoke for cause a license;
(4) establish, by regulation, the manner in which each consumer is notified of:
(a) warranties according to this chapter;
(b) the existence of the board and procedures for the filing of complaints;
(5) invoke fines or adjust surety bonding or other approved security requirements for cause in accordance with this chapter;
(6) receive and resolve complaints from buyers of manufactured homes;
(7) conduct hearings regarding any violations of this chapter or regulations;
(8) adopt regulations relating to the construction, repair, modification, installation, tie-down, hookup, and sale of all manufactured homes, which regulations must be uniform throughout the state and enforced by inspectors for the board to insure minimum standards of safety within the state and its political subdivisions. Ordinances of a political subdivision, relating to installation or sale of manufactured homes may not be inconsistent with a regulation or standard adopted pursuant to this chapter;
(9) adopt regulations and standards necessary to carry out the provisions of this chapter;
(10) adopt by regulation the standards contained in the Construction and Safety Standards Act;
(11) adopt by regulation the manufactured home procedural and enforcement regulations 24 C.F.R. 3282, as amended, promulgated by the Department of Housing and Urban Development pursuant to the Construction and Safety Standards Act;
(12) enter into cooperative agreements with federal agencies relating to manufactured housing and accept and use federal grants, matching funds, or other financial assistance to further the purposes of this chapter;
(13) adopt regulations for the conducting of hearings and the presentation of views, consistent with the regulations promulgated by the Department of Housing and Urban Development, 24 C.F.R. 3282.151 through 3282.156, as amended; and
(14) prepare, administer and grade examinations for licensure under the classifications sought by the applicant and collect fees.
Section 40-29-60. Former Section 40-29-60 was entitled: Division of General Services to assist in enforcement; powers and duties of Division.
Section 40-29-70. No person may sell or offer for sale a manufactured home manufactured after June 15, 1976, unless its components, systems, and appliances meet the criteria of compliance with the Construction and Safety Standards Act and have been properly certified by the Department of Housing and Urban Development.
Section 40-29-80. A manufactured home unit bearing a label or seal indicating compliance with Section 40-29-70 is acceptable as meeting the requirements of this chapter throughout the State without further inspection fees except for final setup installation inspection fees not exceeding ten dollars and zoning and utility connection inspection fees. No setup installation regulation or standard may be enforced unless it meets the requirements of the Construction and Safety Standards Act. A copy of a setup regulation or standard other than the Federal Regulations and Standards must be registered with the board.
Section 40-29-85. (A) The State Energy Office shall design, produce, and provide to the Office of Manufactured Housing labels to be distributed to manufactured home manufacturers who shall place a permanent label on each manufactured home that has not been previously occupied, that is to be placed for sale in South Carolina, and that meets or exceeds the energy efficiency levels provided for in Section 12-36-2110(B). By affixing this label, the manufactured home manufacturer certifies that the manufactured home meets or exceeds the energy efficiency levels shown in Section 12-36-2110(B).
(B) If a manufactured home which has not been occupied previously and that is to be placed for sale in South Carolina meets the energy efficiency levels specified in Section 12-36-2110(B), the manufacturer shall affix to the kitchen counter a notice stating that the home meets the energy efficiency levels. Only the consumer may remove the notice. The notice must be designed by the Office of Manufactured Housing, in consultation with the State Energy Office. Notices must be produced by the State Energy Office and provided to the Office of Manufactured Housing for distribution to manufactured home manufacturers.
Section 40-29-90. The board, as the state administrative agency, shall establish a monitoring inspection fee in an amount established by the secretary. The fee must be paid by the manufacturer to the secretary or his agent who shall distribute the fees collected from all manufactured home manufacturers among the approved and conditionally approved states by the secretary and based on the number of manufactured homes whose first location after leaving the manufacturing plant is on the premises of a distributor, dealer, or purchaser in that state and extent of participation of the state in the joint monitoring team program established under the Construction and Safety Standards Act.
In municipalities and counties where building, construction, or tax permits are issued no supplier of electricity in this State may connect electrical power to any manufactured homes after April 1, 1972, unless the owner of the manufactured home presents to the supplier of electricity a permit which may be part of a building, construction, or tax permit from an authorized officer of a municipality or county where the manufactured home is located that the manufactured home meets the requirements. A sworn affidavit or other proof from the owner of the manufactured home that it bears the label or seal or compliance number of an approved independent third-party testing and inspecting agent or of a foreign state granted reciprocity or a HUD manufactured home label is sufficient evidence of compliance for the municipal or county official to issue the electrical permit.
The governing body of a municipality or county of this State shall designate an officer to issue the permit.
This section does not apply to a manufactured home if it has been connected to electricity before April 1, 1972. An affidavit of the owner of the manufactured home that it has been connected before that date is satisfactory evidence for the officer of the municipality or county to issue the certificate.
Section 40-29-100. (A) No person may engage in the business of selling, wholesale or retail, as a manufactured home retail dealer, manufactured home retail salesman, manufactured home manufacturer, or manufacturer's representative in this State without being licensed by the board. No manufactured home contractor may install, modify, alter, or repair the structural, mechanical, or electrical systems of a manufactured home without being licensed by the board. No manufactured home installer may install manufactured housing without being licensed by the board. No manufactured home repairer may modify, alter, or repair the structural, mechanical, or electrical systems of a manufactured home without being licensed by the board. The license must authorize the holder to engage in the business permitted by the license. All license applications must be accompanied by the required fee and corporate surety bond or other security in the form as prescribed by the board.
(B) All licenses must be granted or refused within thirty days after proper and complete application. All licenses expire June thirtieth of each year following the date of issue, unless sooner revoked or suspended; however, the licenses of manufactured home contractors, installers, and repairers expire December thirty-first of each year following the date of issue, unless sooner revoked or suspended. An applicant for licensing shall:
(1) demonstrate financial responsibility as required by regulations of the board;
(2) not have engaged illegally in the licensed classification;
(3) demonstrate familiarity with the regulations adopted by the board concerning the classification for which application is made;
(4) if a corporation, have complied with the laws of South Carolina regarding qualification for doing business in this State or have been incorporated in South Carolina and have and maintain a registered agent and a registered office in this State;
(5) if an individual or partnership, have maintained a residence or street address in South Carolina for at least thirty days before the date of application;
(6) submit proof of registration with the South Carolina Department of Revenue and submit a current tax identification number;
(7) where applicable, pass an examination administered by the board in the license classification for which application is made;
(8) where applicable, complete training as prescribed by the board.
(C) Fees for licenses must be set in accordance with regulations promulgated by the board.
(D) Licenses are not required for a licensed real estate salesman or broker who negotiates for sale or sells a manufactured home for an individual who is the owner of not more than two manufactured homes.
(E) A license must be issued in only one person's name who may be the individual owner, stockholder, copartner, manufactured home retail salesman or other representative of a manufactured home manufacturer, manufactured home retail dealer, or other entity required to be licensed. It is the duty of a manufactured home retail dealer and manufactured home manufacturer to conspicuously display the licenses in the established place of business. Manufactured home retail salesmen, manufactured home contractors, installers, and repairers, and manufacturer's representatives are required to carry their licenses on their persons at all times when they are doing business in this State, and they must be shown upon request.
(F) The board shall prescribe the form of license and each license must have printed on it the seal of its office.
(G) The board may deny a license to an applicant who submits an application meeting the requirements of this chapter if the applicant has been convicted in a court of competent jurisdiction of a felony or an offense involving moral turpitude. Further, the board may deny a license to an applicant who previously had been found by the board to be in violation of Section 40-29-150.
Section 40-29-110. (A) No manufactured home salesman may be issued a license for the first time until he has passed with a satisfactory score, an examination prepared, graded, and administered by the board. The examination, where applicable, must determine the applicant's:
(1) general business knowledge;
(2) technical knowledge and familiarity with the prescribed standards;
(3) general knowledge of the statutes and regulations of this State relating to the advertising, sale, and financing of manufactured homes.
(B) No license may be issued to a manufactured home dealer unless the board is satisfied that the authorized official, stockholder, copartner, or manufactured home salesman authorized to sell by authority of the dealer license has passed successfully the appropriate examination.
(C) If a license lapses over six months, in order to be relicensed the applicant is required to be examined or reexamined before issuance of the license sought.
(D) Fees for examinations must be established by regulations promulgated by the board.
(E) No manufactured home contractor, installer, or repairer may be issued a license until the person or representative of the entity successfully completes any training prescribed by the board.
Section 40-29-120. (A) At the time of making application, all licensees for a manufactured housing license shall furnish a corporate surety bond or other security in the form prescribed by the board for the license term outlined in Section 40-29-100, in the following amounts:
(1) for a manufactured home manufacturer, seventy-five thousand dollars for each location;
(2) for a manufactured home retail dealer, fifteen thousand dollars for each location;
(3) for a manufactured home retail salesman, ten thousand dollars;
(4) for a manufactured home contractor, installer, or repairer, five thousand dollars.
(B)(1) The surety bond or other approved security must be made payable to the board and claims may be initiated only through the complaint process provided by the board. Claims are limited to the reasons stated in this section and are for actual damages and do not include attorney fees or punitive damages incurred by the consumer as a result of the complaint.
(2) At the beginning of each subsequent renewal license period, a continuation certificate or proof of surety bond coverage or other approved security through the renewal license period must be delivered to the board with proper renewal application and fee.
(3) The board, upon a finding of a violation by a licensee, may further require the licensee to increase the amount of a surety bond or other approved security. An increase must be proportioned to the seriousness of the offense or the repeat nature of the licensee's violations, but the total amount may not exceed an additional seventy-five thousand dollars for manufacturers, fifty thousand dollars for dealers, twenty thousand dollars for salespersons, and ten thousand dollars for manufactured home contractors, installers, and repairers. The board, after one year, may reduce an increased surety bond or other approved security when satisfied that violations have been cured by appropriate corrective action and that the licensee is otherwise in good standing. The bonds cannot be reduced below amounts provided in this section.
(4) The surety bond or other approved security may not be released by the board until all claims and complaints against the licensee have been finally resolved or until seven years after the licensee has ceased doing business in South Carolina, whichever period is later.
(5) All liability on a surety bond or other approved security is applicable to the surety bond or other security in effect as of the date of the occurrence which gave rise to the liability. In the event that the total claims against a surety bond or other form of approved security exceed the coverage amount of the surety bond or other approved security, the proceeds of the surety bond or other approved security may be distributed pro rata to the claimants.
(6) The board may file claims against a licensee's surety bond or other approved security and indemnify a consumer for losses to the limit of the surety bond or other approved security for damages resulting from the licensee's violation of this chapter or regulations promulgated by its authority or from fraud, misrepresentation, making of false promises, or the refusal, failure, or inability to transfer good and sufficient legal title.
Section 40-29-130. (A) If repair work is required on the consumer's home and the manufacturer, dealer, or manufactured home contractor, installer, or repairer is unavailable to perform the repairs or has not performed within the guidelines issued by the board, the board, through its staff, shall direct the consumer to obtain at least three bids for performance of the work. The requirement of three bids may be waived by the board if conditions require a waiver. The board shall select the low bidder to perform the repair work. The requirement of selecting the low bidder may be waived only if it is clear that the work cannot properly be performed at the bid level. Payment from the surety bond or other approved security must be authorized by the board only after the work is completed, inspected, and approved.
(B) If reimbursement to a consumer for repairs, parts, or other work is requested in a complaint, the division, with the approval of the board, shall determine the reasonable value of the repairs, part, or work. The consumer may not be reimbursed from the surety bond or other approved security in an amount more than the reasonable value of the repairs, part, or work.
(C) If a licensee does not conduct business after issuance of his license and the posting of the applicable surety bond or other approved security, the board, upon receipt of satisfactory evidence that no business was conducted, and upon surrender of the license, may release the licensee's surety bond or other approved security.
Section 40-29-140. Losses to which security is applicable.
Each surety bond or other approved security issued for a manufactured home manufacturer, a manufactured home retail dealer, a salesperson, or a manufacturer's representative must be indemnity for a loss sustained by a consumer as a result of:
(1) a violation of a provision of this chapter or regulation of the board;
(2) a violation of the written warranty or to fulfill warranty obligations as outlined in Section 40-29-170;
(3) fraud in the execution or performance of a contract;
(4) a misrepresentation in reference to the sale of a manufactured home;
(5) refusal, failure, or inability to transfer good and sufficient legal title to the consumer;
(6) a misappropriation of funds belonging to the consumer;
(7) an alteration to deceive the consumer as to the manufacture or construction of the product;
(8) a false and fraudulent representation or deceitful practice in selling, financing, or representing a product or service.
Section 40-29-150. The board may suspend for a determinate period or revoke a license issued to a licensee or authorized official under the provisions of this chapter for:
(1) false, misleading, or deceptive advertising;
(2) knowingly contracting or performing a service beyond the scope of the license;
(3) misrepresentation of a material fact by the applicant in obtaining a license;
(4) misrepresentation or omission of a material fact in a manufactured home transaction;
(5) failure to comply with the warranty requirements of this chapter or regulations of the board pursuant to those requirements;
(6) failure by a manufacturer or dealer to transfer good and sufficient title to the purchaser of a manufactured home;
(7) conviction of a licensee in a court of competent jurisdiction of a felony or an offense involving moral turpitude;
(8) failing to have an established place of business;
(9) wilfully defrauding a retail buyer, to the buyer's damage through misrepresentation or misappropriation of funds belonging to the buyer;
(10) employment of fraudulent devices, methods, or practices in connection with compliance with the requirements of this chapter;
(11) having used unfair methods of competition or unfair deceptive acts or practices;
(12) knowingly advertising or selling a used manufactured home as a new manufactured home;
(13) failing to obtain a license before doing business in this State;
(14) having knowingly failed or refused to account for or to pay over monies or other valuables belonging to others which have come into the licensee's possession arising out of the sale of manufactured homes;
(15) failing to appear before the board upon due notice, or to follow directives of the board;
(16) failing to comply with adopted state or federal standards in the manufacture, sale, installation, repair, modification, or delivery of manufactured housing;
(17) employing unlicensed manufacturer's representatives or retail salesmen or knowingly contracting with an unlicensed manufactured home contractor, installer, or repairer;
(18) knowingly purchasing a manufactured home from an unlicensed manufacturer or knowingly selling or offering a manufactured home to an unlicensed manufactured home dealer;
(19) knowingly purchasing a manufactured home from unlicensed manufacturer's representatives.
Section 40-29-160. A person engaging in or offering to engage in any activity for which a license is required by this chapter without having first obtained the requisite license is subject to an administrative penalty. The person must be issued a citation directing him to appear before an agent of the board appointed to act as the administrative hearing officer. An administrative penalty not to exceed five hundred dollars for each violation may be imposed. The person to whom a citation has been issued may forfeit appearance by payment of the imposed administrative penalty.
Upon appearance, if it is determined that an administrative penalty must be imposed, the person cited may appeal the decision to the board. The request for appeal must be in writing.
A licensee who violates a provision of this chapter or regulation in regard to consumer complaints shall upon citation by the board appear before an agent of the board appointed to act as administrative hearing officer for a hearing which may result in the imposition of the following administrative penalties:
(1) for a first offense, a fine of not more than five hundred dollars or a license suspension of not more than thirty days, or both;
(2) for a second offense, a fine of not more than one thousand dollars or suspension of not more than sixty days, or both;
(3) for a third offense, a fine of not more two thousand dollars or a license suspension of not more than ninety days, or both.
The licensee must be given at least thirty days' notice of the time and place of the hearing and of the charges. A person aggrieved by a ruling of the administrative hearing officer may appeal to the board within fifteen days after the ruling. The request for appeal must be in writing. The board shall state in writing its findings and determinations after the appeal and its decision in the matter. Appeals from the decision of the board are to an administrative law judge as provided under Article 5 of Chapter 23 of Title 1.
A licensee who violates any other provisions of this chapter or regulations promulgated by its authority or accumulates three or more consumer complaints or violations which have not been corrected within the prescribed time upon citation of the board shall appear before the board for a hearing which may result in:
(1) a fine of not more than two thousand five hundred dollars or license suspension or revocation for not more than one year;
(2) increase in surety bonding or other approved security requirements. The licensee must be given at least thirty days' notice of the time and place of the hearing and of the charges. A person aggrieved by a ruling of the board may appeal to an administrative law judge as provided under Article 5 of Chapter 23 of Title 1.
Section 40-29-170. (A) Each manufactured home manufacturer and manufactured home retail dealer of manufactured homes shall warrant each new manufactured home sold in the State in accordance with the warranty requirements prescribed by this section for at least twelve months from the date of delivery or installation of the manufactured home to the consumer. The warranty requirements for each manufactured home manufacturer and manufactured home retail dealer of manufactured homes are as follows:
(1) The manufacturer warrants that:
(a) all structural elements, plumbing systems, heating, cooling, and fuel burning systems, electrical systems, and any other components included are manufactured and installed free from substantial defect in material and workmanship;
(b) the manufactured home complies with this chapter and regulations promulgated under this chapter;
(c) all appliances and equipment installed in the manufactured home must be free from defects in material and workmanship for one year, unless a valid warranty from the manufacturer or dealer of the appliances and equipment is furnished warranting against defects in materials and workmanship to the consumer for at least one year from date of delivery;
(d) appropriate corrective action must be taken within a reasonable period of time after the warranty violation has been communicated to the manufactured home manufacturer by the division or by the consumer;
(e) the warranty may not be voided as long as the installation of the manufactured home conforms to the standards adopted in this chapter;
(f) repair work performed under the one-year warranty is warranted for at least ninety days or until the end of the original one-year warranty, whichever is later.
(2) The manufactured home retail dealer warrants that:
(a) all changes, additions, or alterations made to the manufactured home by the manufactured home retail dealer are free from defects in materials and workmanship and do not bring the manufactured home out of compliance with the standards; and that all appliances and equipment installed by the manufactured home retail dealer are free from defects in materials and workmanship unless a valid written warranty from the manufacturer or dealer of the appliances and equipment is furnished to the consumer warranting against a defect in materials or workmanship for a period of time customary in the industry for a warranty for the particular appliance or equipment;
(b) appropriate corrective action must be taken within a reasonable time after the warranty violation has been communicated to the manufactured home retail dealer by the division or by the consumer;
(c) repair work on changes, additions, or alterations authorized by the manufactured home manufacturer must be warranted for at least ninety days or until the end of the original one-year warranty, whichever is later;
(d) the setup operations performed by the dealer on the manufactured home must be performed in compliance with applicable federal or state law; regulations or standards for the installation of manufactured homes and during the course of setup and transportation of the manufactured home by the manufactured home retail dealer, substantial defects do not occur;
(e) alterations or modifications made by a manufactured home retail dealer without authorization of the manufactured home manufacturer relieve the manufactured home manufacturer of warranty responsibility as to the items altered or modified and any damage resulting from the alteration or modification.
(B) A manufactured home contractor, installer, or repairer shall warrant his work for a period of twelve months from completion of the work as follows:
(1) the contractor warrants that:
(a) all installations are performed in accordance with applicable state or federal law, regulations, or standards for the installation of manufactured homes and that his performance will not cause substantial defects in the home;
(b) all modifications, alterations, or repairs are performed in compliance with applicable state or federal law, regulations, or standards and that his performance will not cause substantial defects in the home;
(2) the installer warrants that:
(a) installation is performed in compliance with applicable state or federal law, regulations, or standards for the installation of manufactured homes;
(b) his performance will not cause substantial defects in the home;
(3) the repairer warrants that:
(a) all modifications, alterations, and repairs are performed in compliance with applicable state or federal law, regulations, or standards for the modification or repair of manufactured homes;
(b) his performance will not cause a substantial defect in the home.
Section 40-29-180. A substantial defect must be remedied within thirty days of receipt of the written notification of the warranty claim, unless the claim is unreasonable or bona fide reasons exist for not remedying the defect within the thirty-day period. Defects which constitute an imminent safety hazard to life and health must be remedied within five working days of receipt of the written notification of the warranty claim. An imminent safety hazard to life and health includes, but is not limited to:
(1) inadequate heating in freezing weather;
(2) failure of sanitary facilities;
(3) electrical shock;
(4) leaking gas; or
(5) major structural failure.
The board may suspend this five-day time period in the event of widespread defects or damage resulting from adverse weather conditions or other natural catastrophes.
Section 40-29-190. If the new manufactured home is moved from the initial installation site during the term of the warranty period, the new home warranty does not apply to a defect or damage caused by the move. Conspicuous notice of this section must be given to the customer at the time of the sale.
Section 40-29-200. The board may carry out the responsibilities as the state administrative agency for South Carolina of the Construction and Safety Standards Act. The manufactured home retail dealer, the manufactured home representative, and the manufactured home retail salesman do not enforce the federal act, to ensure no conflict of interest.
Section 40-29-210. The board shall oversee the handling of manufactured home consumer complaints that may be due to electrical, mechanical, or structural defects or nonconformances to the Construction and Safety Standards Act, standards and regulations. As part of this responsibility, the manufactured home manufacturers must be inspected and monitored for compliance with federal manufactured home standards and regulations. In the conduct of its responsibilities under this section, the board shall recognize the need for life safety requirements as a part of its general oversight function and shall receive advice in the life safety area from the State Fire Marshal to insure that fire prevention is a part of the overall program under the terms of this chapter.
Section 40-29-220. The board, by its authorized representatives, may enter, at reasonable times, a factory, warehouse, or establishment, in which manufactured homes are manufactured, stored, or held for sale for the purpose of ascertaining whether the requirements of the Construction and Safety Standard Act and the regulations of the board have been and are being met.
Section 40-29-230. Each manufacturer, distributor, and dealer of manufactured homes shall establish and maintain records, make reports, and provide information as the SAA administrator or the secretary may require to determine whether the manufacturer, distributor, or dealer has acted or is acting in compliance with this chapter or the Construction and Safety Standards Act and upon request of a person appointed by the administrator or the secretary shall permit the person to inspect appropriate books, papers, records, and documents relevant to determining whether the manufacturer, distributor, or dealer has acted or is acting in compliance with this chapter.
Section 40-29-240. (A) A person who violates any of the following provisions relating to manufactured homes or regulations promulgated by the board is liable for a civil penalty not to exceed one thousand dollars for each violation. Each violation constitutes a separate violation with respect to each manufactured home, except that the maximum penalty may not exceed one million dollars for a related series of violations occurring within one year from the date of the first violation. No person may:
(1) manufacture for sale, lease, sell, offer for sale or lease, or introduce or deliver, or import into the State a manufactured home which is manufactured on or after the effective date of an applicable Construction and Safety Standards Act which does not comply with the standard;
(2) fail or refuse to permit access to or copying records, or fail to make reports or provide information; or fail or refuse to permit entry or inspection as required by Sections 40-29-220 and 40-29-230;
(3) fail to furnish notification of a defect as required by 42 U.S.C. 5414;
(4) fail to issue a certification required by 42 U.S.C. 5415 or issue a certification to the effect that a manufactured home conforms to all applicable Construction and Safety Standards, if the person in the exercise of due care has reason to know that the certification is false or misleading in a material respect;
(5) fail to establish and maintain records, make reports, and provide information as the board reasonably may require to enable it to determine whether there is compliance with the Construction and Safety Standards Act; or fail to permit, upon request of a person duly authorized by the board, inspection of appropriate books, papers, records, and documents relative to determining whether a manufacturer, distributor, or dealer has acted or is acting in compliance with this chapter or with the Construction and Safety Standards Act;
(6) issue a certification pursuant to 42 U.S.C. 5403(a) if the person in the exercise of due care has reason to know that the certification is false or misleading in a material respect.
(7) fail to properly and prominently display the energy efficiency label required by Section 40-29-85.
(B) Subsection (A)(1) does not apply to the sale or the offer for sale of a manufactured home after the first purchase of it in good faith for purposes other than resale.
(C) Subsection (A)(1) does not apply to a person who establishes that he did not have reason to know in the exercise of due care that a manufactured home is not in conformity with applicable Construction and Safety Standards Act, or a person who, before the first purchase, holds a certificate by the manufacturer or importer of a manufactured home to the effect that the manufactured home conforms to all applicable construction and safety standards, unless the person knows that the manufactured home does not so conform.
Section 40-29-250. A person or officer, director, or agent of a corporation who wilfully or knowingly violates any of the provisions enumerated in state law, in any manner which threatens the health or safety of a purchaser is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than one year, or both.
Section 40-29-260. The board may conduct hearings and presentations of views consistent with regulations adopted by the United States Department of Housing and Urban Development and adopt regulations necessary to carry out this function.
Section 40-29-270. All penalties or fees collected under the provisions of this chapter must be deposited in the general fund of the State.
Section 40-29-5. Unless otherwise provided for in this chapter, Article 1, Chapter 1 of Title 40 applies to the regulation of manufactured home manufacturers, manufactured home retail dealers, manufactured home sales persons, and manufactured home contractors, installers, and repairers. If there is a conflict between this chapter and Article 1, Chapter 1 of Title 40, the provisions of this chapter control.
Section 40-29-10. (A) There is created the South Carolina Manufactured Housing Board. It is composed of ten members who must be residents of South Carolina appointed by the Governor in accordance with Section 40-1-45 for terms of four years and until their successors are appointed and qualify. The board shall include a manufactured home retail dealer owner, a representative of the fire and casualty insurance industry, a full-time employee of a fire department, a manufactured home manufacturer, a representative of the banking and finance industry, a registered professional engineer, a licensed manufactured home contractor, installer, or repairer, one member from the general public who must not be associated with any of the other industries represented on the board other than as a minority stockholder, a member from the general public who currently resides in a manufactured home, and a manufactured home retail salesman. The state fire marshal shall serve on the board as a consultant and as an ex officio member without a vote. An individual, group, or association may nominate board members from the general public.
(B) The board shall annually elect by majority vote a chairman and vice-chairman from its membership. Not more than one individual associated with the manufactured housing industry may hold the position of chairman or vice-chairman at the same time.
(C) The board shall meet on a regular basis. The board shall provide notice to interested members of the public of its scheduled and special meetings. A member of the board may not participate in any proceeding before the board involving his licensed business.
(D) The board shall:
(1) invoke fines or adjust surety bonding or other approved security requirements for cause in accordance with this chapter;
(2) receive and resolve complaints from buyers of manufactured homes;
(3) adopt regulations relating to the construction, repair, modification, installation, tie down, and sale of all manufactured homes, which regulations must be uniform throughout the State and enforced by inspectors for the board;
(4) adopt by regulation the standards contained in the Construction and Safety Standards Act;
(5) adopt by regulation the manufactured home procedural and enforcement regulations of 24 C.F.R. 3282, as amended, promulgated by the Department of Housing and Urban Development pursuant to the Construction and Safety Standards Act;
(6) enter into cooperative agreements with federal agencies relating to manufactured housing and accept and use federal grants, matching funds, or other financial assistance to further the purposes of this chapter;
(7) adopt regulations for conducting hearings and the presentation of views, consistent with the regulations promulgated by the Department of Housing and Urban Development, 24 C.F.R. 3282.151 through 3282.156, as amended;
(8) provide for examinations for licensure under the classifications sought by the applicant and establish and collect fees;
(9) prescribe the form of license which must have the seal of the office printed on the license; and
(10) adopt a schedule of fees in regulation.
Section 40-29-20. Unless clearly indicated otherwise, as used in this chapter:
(1) 'Authorized official' means a person acting on behalf of a manufactured home retail dealer.
(2) 'Board' means the South Carolina Manufactured Housing Board.
(3) 'Construction and Safety Standards Act' means the Federal Manufactured Housing Construction and Safety Standards Act of 1974, as amended.
(4) 'Consumer' means a person who in good faith purchases a manufactured home or mobile home for purposes other than resale.
(5) 'Defect' includes a defect in the performance, construction, components, or material of a manufactured home that renders the home or any part of it not fit for the ordinary use for which it was intended.
(6) 'Established place of business' means the office, building, or display area where the exercise of the ordinary and regular functions of the business are conducted for the purpose of carrying on the business of the owner and where books, records, files, inventory, and equipment necessary to properly conduct the business are maintained.
(7) 'Imminent safety hazard' means a hazard that presents an imminent and unreasonable risk of death or severe personal injury.
(8) 'Install/installed' means the operations performed at the occupancy site which render a manufactured home fit for habitation. These operations include, but are not limited to, positioning, blocking, leveling, supporting, tying down, connecting utility systems, and assembling multiple or expandable units.
(9) 'Manufactured home' means a structure, transportable in one or more sections which, in the traveling mode, is eight body feet or more in width or forty body feet or more in length or when erected on site is three hundred twenty or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning, and electrical systems contained in it.
(10) 'Manufactured home contractor' means a person or entity, other than an employee of a licensed manufactured home retail dealer or a person licensed by the board or licensed by the South Carolina Contractor's Licensing Board to perform a particular function, who for valuable consideration engages in the installation, modification, alteration, or repair to the structural, mechanical, or electrical systems of a manufactured home.
(11) 'Manufactured home installer' means a person or entity, other than an employee of a licensed manufactured home retail dealer or a person licensed by the board or licensed by the South Carolina Contractor's Licensing Board to perform a particular function, who for valuable consideration installs manufactured housing.
(12) 'Manufactured home repairer' means a person or entity, other than an employee of a licensed manufactured home retail dealer or a person licensed by the board or licensed by the South Carolina Contractor's Licensing Board to perform a particular function, who for valuable consideration modifies, alters, or repairs the structural, mechanical, or electrical systems of a manufactured home.
(13) 'Manufactured home retail dealer' means a person engaged in the business of buying, selling, offering for sale, or dealing in manufactured homes or offering for display manufactured homes for sale in South Carolina. A person who buys, sells, or deals in three or more manufactured homes in any twelve-month period or who offers or displays for sale three or more manufactured homes in a twelve-month period is considered a manufactured home retail dealer. 'Selling' and 'sale' include lease-purchase transactions. 'Manufactured home retail dealer' does not include banks and finance companies that acquire manufactured homes as an incident to their regular business, if no more than four homes are acquired in any twelve-month period for sale, exchange, or transfer or if more than four are acquired, the sale, exchange, or transfer of these homes is conducted in accordance with Section 40-29-200(H).
(14) 'Manufactured home manufacturer' means a person, resident or nonresident, who designs, constructs, or produces manufactured homes.
(15) 'Manufactured home retail salesman' means a person who is an employee or otherwise acts as an agent or representative of a manufactured home retail dealer and holds himself out as promoting, offering for sale, or selling the manufactured home retail dealer's goods or services.
(16) 'Person' means an individual, natural person, firm, partnership, association, corporation, legal representative, or other recognized legal entity.
(17) 'Secretary' means the Secretary of Housing and Urban Development (HUD).
(18) 'Standard' means the appropriate standards adopted by the State of South Carolina and established by the Department of Housing and Urban Development pursuant to the Federal Manufactured Housing Construction and Safety Standards.
(19) 'State Administrative Agency (SAA)' means the agency of the State which has been approved to carry out the state plan and to enforce the National Manufactured Housing Construction and Safety Standards Act within South Carolina.
Section 40-29-30. (A) No person may engage in the business of selling, wholesale or retail, as a manufactured home retail dealer, manufactured home retail salesman, or manufactured home manufacturer in this State without being licensed by the board. No manufactured home contractor may install, modify, alter, or repair the structural, mechanical, or electrical systems of a manufactured home without holding a license issued or recognized by the board. No manufactured home installer may install manufactured housing without being licensed by the board. No manufactured home repairer may modify, alter, or repair the structural, mechanical, or electrical systems of a manufactured home without holding a license issued or recognized by the board. The license must authorize the holder to engage in the business permitted by the license. All license applications must be accompanied by the required fee and corporate surety bond or other security in the form as prescribed by the board.
(B) A person engaging in or offering to engage in any activity for which a license is required by this chapter without having first obtained the requisite license is subject to an administrative penalty. The person must be issued a citation directing him to appear before an agent of the board appointed to act as the administrative hearing officer. An administrative penalty not to exceed five hundred dollars for each violation may be imposed. The person to whom a citation has been issued may forfeit appearance by payment of the imposed administrative penalty. Upon appearance, if it is determined that an administrative penalty must be imposed, the person cited may appeal the decision to the board. The request for appeal must be served in writing within fifteen days after the ruling.
Section 40-29-40. The Department of Labor, Licensing and Regulation shall provide all administrative, fiscal, investigative, inspectional, clerical, secretarial, and license renewal operations and activities of the board in accordance with Section 40-1-50.
Section 40-29-50. The Department of Labor, Licensing and Regulation shall investigate complaints and violations of this chapter as provided for in Section 40-1-80.
Section 40-29-60. (A) A licensee who violates a provision of this chapter or regulation pertaining to warranty requirements, deposits, or recision of contracts shall appear upon citation by the board before an agent of the board appointed to act as administrative hearing officer for a hearing. Upon the finding of a violation, the hearing officer:
(1) may for a first offense, impose a fine of not more than five hundred dollars or suspend the license for not more than thirty days, or both;
(2) may for a second offense, impose a fine of not more than one thousand dollars or suspend the license for not more than sixty days, or both;
(3) may for a third offense, impose a fine of not more than two thousand dollars or suspend the license for not more than ninety days, or both;
(4) shall for a fourth or subsequent offense, present the violation to the board for disciplinary action pursuant to this chapter.
(B) The licensee must be given at least thirty days' notice of the time and place of the hearing and of the charges. A person aggrieved by a ruling of the administrative hearing officer may appeal to the board within fifteen days after the ruling. The request for appeal must be in writing. The board shall state in writing its findings and determinations in its decision in the matter on appeal.
Appeals from the decision of the board may be made to an administrative law judge pursuant to the Administrative Procedures Act.
(C) A licensee who violates any provision of this chapter or regulations promulgated by its authority or accumulates three or more warranty or contract violations which have not been corrected within the prescribed time upon citation of the board shall appear before the board for a hearing. The licensee must be given at least thirty days' notice of the time and place of the hearing and of the charges. A person aggrieved by a ruling of the board may appeal to an administrative law judge pursuant to the Administrative Procedures Act. Upon the finding of such a violation, the board may:
(1) impose a fine of not more than two thousand five hundred dollars or suspend or revoke the license or any combination thereof;
(2) order an increase in surety bonding or other approved security requirements.
(D) The board may conduct hearings and presentations of views consistent with regulations adopted by the United States Department of Housing and Urban Development and adopt regulations necessary to carry out this function.
Section 40-29-70. In addition to other remedies provided for in this chapter or Chapter 1, the board in accordance with Section 40-1-100 may issue a cease and desist order or may petition an administrative law judge for a temporary restraining order or other equitable relief to enjoin a violation of this chapter.
Section 40-29-80. (A) The board may suspend for a determinate period, revoke, or restrict a license issued to a licensee or authorized official under the provisions of this chapter for:
(1) false, misleading, or deceptive advertising;
(2) knowingly contracting or performing a service beyond the scope of the license;
(3) misrepresentation or omission of a material fact by the applicant in obtaining a license;
(4) misrepresentation or omission of a material fact in a manufactured home transaction;
(5) failure to comply with the warranty requirements of this chapter or regulations of the board pursuant to those requirements;
(6) failure by a manufacturer or dealer to transfer good and sufficient title to the purchaser of a manufactured home;
(7) failing to have an established place of business;
(8) willfully defrauding a retail buyer, to the buyer's damage through misrepresentation or misappropriation of funds belonging to the buyer;
(9) employment of fraudulent devices, methods, or practices in connection with compliance with the requirements of this chapter;
(10) having used unfair methods of competition or deceptive acts or practices;
(11) knowingly advertising or selling a used manufactured home as a new manufactured home;
(12) failing to obtain a license before doing business in this State;
(13) having knowingly failed or refused to account for or to pay funds or other valuables belonging to others which have come into the licensee's possession arising out of the sale of manufactured homes;
(14) failing to appear before the board upon due notice or to follow directives of the board;
(15) failing to comply with adopted state or federal standards in the manufacture, sale, installation, repair, modification, or delivery of manufactured housing;
(16) employing unlicensed retail salesmen or persons barred from participating in a business licensed by the board or knowingly contracting with an unlicensed manufactured home contractor, installer, or repairer;
(17) knowingly purchasing a manufactured home from an unlicensed manufacturer or knowingly selling or offering a manufactured home to an unlicensed manufactured home dealer;
(18) conviction of a felony within the prior seven years or other crime of moral turpitude.
(B) Any licensee whose license has been suspended or revoked, or any person who has applied for a license but whose application has been denied, is barred from participating in any manner in a business licensed by the board until that person has obtained a license or the person's license has been restored.
(C) No business licensed by the board may permit or allow a person identified in subsection (B) to participate in any manner in the business licensed by the board.
(D) Violations of this section are subject to the sanctions provided for in Section 40-29-60(C).
Section 40-29-90. The board has jurisdiction over the actions of licensees and former licensees as provided for in Section 40-1-115.
Section 40-29-100. In addition to the sanctions the board may impose against a person pursuant to Section 40-29-110, the board may take disciplinary action as provided for in Section 40-1-120.
Section 40-29-110. As provided for in Section 40-1-130, the board may deny licensure to an applicant based on the same grounds for which the board may take disciplinary action against a licensee.
Section 40-29-120. A license may be denied based on a person's prior criminal record as provided for in Section 40-1-140.
Section 40-29-130. A licensee under investigation for a violation of this chapter or a regulation promulgated under this chapter may voluntarily surrender the license in accordance with Section 40-1-150.
Section 40-29-140. A person aggrieved by a final action of the board may seek review of the decision in accordance with Section 40-1-160
Section 40-29-150. A person found in violation of this chapter or regulations promulgated under this chapter may be required by the board to pay costs associated with the investigation and prosecution of the case in accordance with Section 40-1-170.
Section 40-29-160. All costs and fines imposed pursuant to this chapter must be paid in accordance with and are subject to the collection and enforcement provisions of Section 40-1-180.
Section 40-29-170. Investigations conducted under the provisions of this chapter are confidential and all communications are privileged as provided for in Section 40-1-190. However, upon completion of the investigation, the findings of the board are subject to disclosure in accordance with the Freedom of Information Act.
Section 40-29-180. A person who knowingly violates the provisions of this chapter or regulations promulgated thereunder and thereby threatens or injures the health or safety of a consumer is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than two years, or both.
Section 40-29-190. (A) A person who violates any of the following provisions relating to manufactured homes or regulations promulgated by the board is liable for a civil penalty not to exceed one thousand dollars for each violation. Each violation constitutes a separate violation with respect to each manufactured home, except that the maximum penalty may not exceed one million dollars for a related series of violations occurring within one year from the date of the first violation. No person may:
(1) manufacture for sale, lease, sell, offer for sale or lease, or introduce or deliver, or import into the State a manufactured home which is manufactured on or after the effective date of the Construction and Safety Standards Act which does not comply with the standard;
(2) fail or refuse to permit access to or copying records, or fail to make reports or provide information or fail or refuse to permit entry or inspection as required by Sections 40-29-320 and 40-29-330;
(3) fail to furnish notification of a defect as required by 42 U.S.C. 5414;
(4) fail to issue a certification required by 42 U.S.C. 5415 or issue a certification to the effect that a manufactured home conforms to all applicable construction and safety standards if the person in the exercise of due care has reason to know that the certification is false or misleading in a material respect;
(5) fail to establish and maintain records, make reports, and provide information as the board reasonably may require to enable it to determine whether there is compliance with the Construction and Safety Standards Act; or fail to permit, upon request of a person duly authorized by the board, inspection of appropriate books, papers, records, and documents relative to determining whether a manufacturer, distributor, or dealer has acted or is acting in compliance with this chapter or with the Construction and Safety Standards Act;
(6) issue a certification pursuant to 42 U.S.C. 5403(a) if the person in the exercise of due care has reason to know that the certification is false or misleading in a material respect;
(7) fail to properly and prominently display the energy efficiency label required by Section 40-29-360.
(B) Subsection (A)(1) does not apply to:
(1) the sale or the offer for sale of a manufactured home after its first purchase in good faith for purposes other than resale.
(2) a person who establishes that he did not have reason to know in the exercise of due care that a manufactured home is not in conformity with the Construction and Safety Standards Act or a person who, before the first purchase, holds a certificate by the manufacturer or importer of a manufactured home to the effect that the manufactured home conforms to all applicable construction and safety standards, unless the person knows that the manufactured home does not so conform.
Section 40-29-200. (A) All licenses expire June thirtieth of each even-numbered year following the date of issue, unless sooner revoked or suspended.
(B) An applicant for licensure shall:
(1) demonstrate financial responsibility as required by regulations of the board;
(2) not have engaged illegally in the licensed classification;
(3) demonstrate familiarity with the regulations adopted by the board concerning the classification for which application is made;
(4) if a corporation, have complied with the laws of South Carolina regarding qualification for doing business in this State or have been incorporated in South Carolina and have and maintain a registered agent and a registered office in this State;
(5) submit proof of registration with the Department of Revenue and submit a current tax identification number;
(6) where applicable, pass an examination administered by the board or its designated test provider in the license classification for which application is made;
(7) where applicable, complete training as prescribed by the board.
(C) A license is not required for a licensed real estate salesman or licensed real estate broker who negotiates for sale or sells a manufactured home for an individual who is the owner of not more than two manufactured homes.
(D) A license must be issued in only one person's name who may be the individual owner, stockholder, copartner, manufactured home retail salesman or other representative of a manufactured home manufacturer, manufactured home retail dealer, or other entity required to be licensed. It is the duty of a manufactured home retail dealer and manufactured home manufacturer to conspicuously display the licenses in the established place of business. Manufactured home retail salesmen and manufactured home contractors, installers, and repairers are required to carry their licenses on their persons at all times when they are doing business in this State, and they must be shown upon request.
(E) The board may deny a license to an applicant who submits an application meeting the requirements of this chapter if the applicant has been convicted in a court of competent jurisdiction of a felony within the prior seven years or an offense involving moral turpitude.
(F) No person may be issued a license as a manufactured home retail dealer unless the person can show proof satisfactory to the board of two years' experience in the manufactured home industry or other relevant experience acceptable to the board.
(G) Notwithstanding any other provision of law, the board may not grant reciprocity or issue a license to an applicant:
(1) whose license in another state is currently restricted in any way, including probationary or other conditions, or was surrendered in lieu of disciplinary action or was revoked;
(2) who has disciplinary action pending against him in another state; or
(3) who is currently under sentence, including probation or parole, for a felony, crime of moral turpitude, or other criminal violation related to any aspect of the business of manufactured housing.
(H) A holder of a lien on a manufactured home who sells, exchanges, or transfers by lease-purchase a repossessed manufactured home subject to the lien is not subject to the provisions of this chapter if the sale, exchange, or transfer is through a licensed manufactured home retail dealer who has entered into a contract with the lienholder for the sale, exchange, or transfer of the home. The contract between the lienholder and the manufactured home retail dealer must be in a form adopted by the board.
Section 40-29-210. (A) As a condition of licensure, an applicant shall submit to an examination which must be conducted by the board or its designated test provider. The applicant must receive a passing grade on the examination, in accordance with a cut-score determination established by the department. An applicant who fails an examination may reapply.
(B) The department or test provider is authorized to collect and retain reasonable examination fees, to be promulgated in regulation. An applicant for an examination to be conducted by a test provider shall pay the fee directly to the test provider.
(C) No license may be issued to a manufactured home dealer unless the board is satisfied that the authorized official, stockholder, copartner, or manufactured home salesman authorized to sell by authority of the dealer license has passed the appropriate examination.
(D) No manufactured home retail dealer or salesperson, contractor, installer or repairer may be issued a license until the person or representative of the entity successfully completes any training prescribed by the board.
Section 40-29-220. If a license lapses or is inactive for more than six months, in order to be relicensed, the applicant must meet all requirements for a new license. The applicant may be exempt from any required training if evidence of prior training can be provided.
Section 40-29-230. (A) At the time of making application, all applicants for a manufactured housing license shall furnish a corporate surety bond or other security in the form prescribed by the board for the license term in the following amounts:
(1) for a manufactured home manufacturer, seventy-five thousand dollars for each location;
(2) for a manufactured home retail dealer, thirty thousand dollars for each location;
(3) for a manufactured home retail salesman, fifteen thousand dollars;
(4) for a manufactured home contractor, installer, or repairer, five thousand dollars.
(B)(1) The surety bond or other approved security must be made payable to the board and claims may be initiated only through the complaint process provided by the board. Claims are limited to the reasons stated in this section and are for actual damages and do not include attorney's fees or punitive damages incurred by the consumer as a result of the complaint.
(2) At the beginning of each subsequent license renewal period, a continuation certificate or proof of surety bond coverage or other approved security through the license renewal period must be delivered to the board with the application and fee.
(3) The board, upon a finding of a violation by a licensee, may further require the licensee to increase the amount of a surety bond or other approved security. An increase must be proportioned to the seriousness of the offense or the repeat nature of the licensee's violations, but the total amount may not exceed an additional seventy-five thousand dollars for manufacturers, fifty thousand dollars for dealers, twenty thousand dollars for salespersons, and ten thousand dollars for manufactured home contractors, installers, and repairers. The board, after one year, may reduce an increased surety bond or other approved security when satisfied that violations have been cured by appropriate corrective action and that the licensee is otherwise in good standing. The bonds cannot be reduced below amounts provided in this section.
(4) The surety bond or other approved security may not be released by the board until all claims and complaints against the licensee have been finally resolved or until three years after the licensee has ceased doing business in South Carolina, whichever period is later.
(5) All liability on a surety bond or other approved security is applicable to the surety bond or other security in effect as of the date of the occurrence which gave rise to the liability. In the event that the total claims against a surety bond or other form of approved security exceed the coverage amount of the surety bond or other approved security, the proceeds of the surety bond or other approved security may be distributed pro rata to the claimants.
(6) The board may file claims against a licensee's surety bond or other approved security and indemnify a consumer for losses to the limit of the surety bond or other approved security for damages resulting from the licensee's violation of this chapter or regulations promulgated by its authority or from fraud, misrepresentation, making of false promises, or the refusal, failure, or inability to transfer good and sufficient legal title.
Section 40-29-240. (A) If repair work is required on the consumer's home and the manufacturer, dealer, or manufactured home contractor, installer, or repairer is unavailable to perform the repairs or has not performed within the guidelines issued by the board, the board, through its staff, shall direct the consumer to obtain at least three bids for performance of the work. The board shall select a bidder to perform the repair work. Payment from the surety bond or other approved security must be authorized by the board only after an affidavit releasing the manufacturer or dealer from further obligation for repair or replacement of the items for which work was conducted, is signed and delivered to the board office by the consumer.
(B) If reimbursement to a consumer for repairs, parts, or other work is requested in a complaint, the department, with the approval of the board, shall determine the reasonable value of the repairs, parts, or work. The consumer may not be reimbursed from the surety bond or other approved security in an amount more than the reasonable value of the repairs, parts, or work.
(C) If a licensee does not conduct business after issuance of his license and the posting of the applicable surety bond or other approved security, the board, upon receipt of satisfactory evidence that no business was conducted and upon surrender of the license, may release the licensee's surety bond or other approved security.
Section 40-29-250. Each surety bond or other approved security issued for a manufactured home manufacturer, a manufactured home retail dealer, or a salesperson must be indemnity for a loss sustained by a consumer as a result of:
(1) a violation of a provision of this chapter or a regulation of the board;
(2) a violation of the written warranty or failure to fulfill warranty obligations as outlined in this chapter;
(3) fraud in the execution or performance of a contract;
(4) a misrepresentation in reference to the sale of a manufactured home;
(5) refusal, failure, or inability to transfer good and sufficient legal title to the consumer;
(6) a misappropriation of funds belonging to the consumer;
(7) an alteration to deceive the consumer as to the manufacture or construction of the product;
(8) a false and fraudulent representation or deceitful practice in selling, financing, or representing a product or service.
Section 40-29-260. (A) A manufactured home manufacturer warrants the following on each new manufactured home sold in the State for one year from the date of completion of installation of the manufactured home for the consumer:
(1) all structural elements, plumbing systems, heating, cooling, and fuel burning systems, electrical systems, and any other components included are manufactured and installed free from defect in material and workmanship;
(2) the manufactured home complies with this chapter and regulations promulgated under this chapter;
(3) all appliances and equipment installed in the manufactured home must be free from defects in material and workmanship for one year, unless a valid warranty from the manufacturer or dealer of the appliances and equipment is furnished warranting against defects in materials and workmanship to the consumer for at least one year from date of delivery;
(4) appropriate corrective action must be taken within a reasonable period of time after the warranty violation has been communicated to the manufactured home manufacturer by the department or by the consumer;
(5) the warranty may not be voided as long as the installation of the manufactured home conforms to the standards adopted in this chapter;
(6) repair work performed under the one-year warranty is warranted for at least ninety days or until the end of the original one-year warranty, whichever is later.
(B) A manufactured home retail dealer warrants the following on each new manufactured home sold in the State for one year from the date of completion of installation of the manufactured home for the consumer:
(1) all changes, additions, or alterations made to the manufactured home by the manufactured home retail dealer are free from defects in materials and workmanship and do not bring the manufactured home out of compliance with the standards and that all appliances and equipment installed by the manufactured home retail dealer are free from defects in materials and workmanship unless a valid written warranty from the manufacturer or dealer of the appliances and equipment is furnished to the consumer warranting against a defect in materials or workmanship for a period of time customary in the industry for a warranty for the particular appliance or equipment;
(2) appropriate corrective action must be taken within a reasonable time after the warranty violation has been communicated to the manufactured home retail dealer by the department or by the consumer;
(3) repair work on changes, additions, or alterations authorized by the manufactured home manufacturer must be warranted for at least ninety days or until the end of the original one-year warranty, whichever is later;
(4) installation performed by the dealer of the manufactured home must be performed in compliance with applicable federal or state law regulations or standards for the installation of manufactured homes and during the course of installation and transportation of the manufactured home by the manufactured home retail dealer, defects do not occur;
(5) alterations or modifications made by a manufactured home retail dealer without authorization of the manufactured home manufacturer relieve the manufactured home manufacturer of warranty responsibility as to the items altered or modified and any damage resulting from the alteration or modification.
(C) For twelve months after completion of the work a manufactured home contractor warrants:
(1) all installations are performed in accordance with applicable state or federal law, regulations, or standards for the installation of manufactured homes;
(2) all modifications, alterations, or repairs are performed in compliance with applicable state or federal law, regulations, or standards;
(3) his performance will not cause defects in the home.
(D) For twelve months after completion of the work a manufactured home installer warrants that:
(1) all installations are performed in compliance with applicable state or federal law, regulations, or standards for the installation of manufactured homes;
(2) his performance will not cause defects in the home.
(E) For at least ninety days after completion of the work a manufactured home repairer warrants that:
(1) all modifications, alterations, and repairs are performed in compliance with applicable state or federal law, regulations, or standards for the modification or repair of manufactured homes;
(2) his performance will not cause defects in the home;
(F) Appropriate corrective action must be taken within a reasonable period of time after the warranty violation has been communicated to the manufactured home manufacturer, retail dealer, contractor, installer, or repairer by the department or by the consumer.
Section 40-29-270. A defect must be remedied within thirty days of receipt of the written notification of the warranty claim, unless additional time is granted by the board. Defects which constitute an imminent safety hazard to life and health must be remedied within five working days of receipt of the written notification of the warranty claim. An imminent safety hazard to life and health includes, but is not limited to:
(1) inadequate heating in freezing weather;
(2) failure of sanitary facilities;
(3) electrical shock;
(4) leaking gas; or
(5) major structural failure.
The board may suspend this five-day time period in the event of widespread defects or damage resulting from adverse weather conditions or other natural catastrophes.
Section 40-29-280. If the new manufactured home is moved from the initial installation site during the term of the warranty period, the new home warranty does not apply to a defect or damage caused by the move. Conspicuous notice of this section must be given to the customer at the time of the sale.
Section 40-29-290. The board may carry out the responsibilities of the Construction and Safety Standards Act as the state administrative agency for South Carolina.
Section 40-29-300. The board shall oversee the handling of manufactured home consumer complaints that may be due to electrical, mechanical, or structural defects or nonconformances to the Construction and Safety Standards Act standards and regulations. As part of this responsibility, the manufactured home manufacturers must be inspected and monitored for compliance with federal manufactured home standards and regulations. In conducting its responsibilities under this section, the board shall recognize the need for life safety requirements as a part of its general oversight function and shall receive advice in the life safety area from the state fire marshal to ensure that fire prevention is a part of the overall program under the terms of this chapter.
Section 40-29-310. The board, by its authorized representatives, may enter, at reasonable times, a factory, warehouse, or establishment in which manufactured homes are manufactured, stored, or held for sale for the purpose of ascertaining whether the requirements of the Construction and Safety Standards Act and the regulations of the board have been and are being met.
Section 40-29-320. Each manufacturer, distributor, and dealer of manufactured homes shall establish and maintain records, make reports, and provide information as the SAA administrator or the secretary may require to determine whether the manufacturer, distributor, or dealer has acted or is acting in compliance with this chapter or the Construction and Safety Standards Act and upon request of a person appointed by the administrator or the secretary shall permit the person to inspect appropriate books, papers, records, and documents relevant to determining whether the manufacturer, distributor, or dealer has acted or is acting in compliance with this chapter. Purchase agreements used by retail dealers for the sale of new or used manufactured homes must be standard and in a form prescribed by the board.
Section 40-29-330. Manufactured homes, and their integral parts, because of the manner of their construction, assembly, and use and that of their systems, components and appliances, including, but not limited to, heating, plumbing, and electrical systems, like other finished products having concealed vital parts, may present hazards to the life and safety of persons and to the safety of property unless properly manufactured. In the sale of manufactured homes, there is also the possibility of defects not readily ascertainable when inspected by purchasers. It is the policy and purpose of this State to provide protection to the public against those possible hazards and for that purpose to forbid the manufacture and sale of new manufactured homes which are not constructed so as to provide safety and protection to their owners and users and further to require that the business practices of the industry are fair and orderly.
Section 40-29-340. No person may sell or offer for sale a manufactured home manufactured after June 15, 1976, unless its components, systems, and appliances meet the criteria of compliance with the Construction and Safety Standards Act and have been properly certified by the Department of Housing and Urban Development.
Section 40-29-350. A manufactured home unit bearing a label issued by the Department of Housing and Urban Development is acceptable as meeting the requirements of this chapter throughout the State. Municipalities and counties may establish a fee for inspection of installation not to exceed one hundred dollars. Installation must be in accordance with the manufacturer's installation manual or the regulations established by this chapter. No installation regulation or standard may be enforced except those adopted by the board in conformity with the Construction and Safety Standards Act or adopted by a local authority to comply with the provisions of federal law for flood plain management.
Section 40-29-360. (A) The State Energy Office must produce energy efficiency labels and notices and provide these labels and notices to manufactured housing manufacturers upon request. The notices must state: 'Notice. An energy efficient home will reduce the overall cost of home ownership. South Carolina law encourages citizens to purchase energy efficient manufactured homes by providing a tax incentive for the purchase of such a home. This home qualifies for an energy efficiency sales tax incentive. Buyers of energy efficient manufactured homes can save money not only on taxes, but should also have lower monthly utility bills than less efficient homes.'
(B) Energy efficiency labels must be permanently affixed to the electrical panel and the notices must be affixed to the inside of the window closest to the front door. Energy efficiency labels and notices must be affixed by the manufacturer only on new homes and only at the place and time of production or manufacture. By affixing an energy efficiency label and notice, the manufacturer certifies that the manufactured home meets or exceeds the energy requirements provided for in Section 12-36-2110(B). Only the consumer may remove the notice.
Section 40-29-370. In municipalities and counties where electrical inspections are provided, proof of inspection of electrical service from the meter base to the main panel of the home must be obtained by the homeowner and submitted to the supplier of electricity before an electrical connection may occur.
Section 40-29-380. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this chapter is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this chapter, the General Assembly hereby declaring that it would have passed this chapter, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Thomas C. Alexander Olin R. Phillips Chauncey K. Gregory Tracy Russell Edge Glenn G. Reese James Gresham Barrett On Part of the Senate. On Part of the House.
Rep. EDGE explained the Conference Report.
The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
On motion of Rep. J. R. SMITH, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means:
S. 718 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 4-29-67, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEE IN LIEU OF PROPERTY TAX ALLOWED CERTAIN DEVELOPMENT PROJECTS, SO AS TO PROVIDE ADDITIONAL TIME FOR THE REQUIRED NEW INVESTMENT THRESHOLDS TO BE MET IN THE CASE OF A BUSINESS ELIGIBLE FOR THE FOUR PERCENT ASSESSMENT RATIO IN THE FEE AGREEMENT.
The following Bills were taken up, read the second time, and ordered to a third reading:
S. 519 (Word version) -- Senator Pinckney: A BILL TO ENACT THE JASPER COUNTY SCHOOL DISTRICT SCHOOL BOND-PROPERTY TAX RELIEF ACT SO AS TO AUTHORIZE THE IMPLEMENTATION FOLLOWING REFERENDUM APPROVAL OF A SALES AND USE TAX IN JASPER COUNTY NOT TO EXCEED ONE PERCENT FOR DEBT SERVICE ON GENERAL OBLIGATION BONDS ISSUED FOR SCHOOL CONSTRUCTION AND RENOVATION OR FOR DIRECT PAYMENTS FOR SCHOOL CONSTRUCTION AND RENOVATION.
H. 4257 (Word version) -- Rep. Quinn: A BILL TO ESTABLISH SINGLE MEMBER ELECTION DISTRICTS FROM WHICH TRUSTEES OF RICHLAND-LEXINGTON SCHOOL DISTRICT 5 ARE ELECTED.
The Senate amendments to the following Bill were taken up for consideration:
H. 3946 (Word version) -- Reps. Cooper, Townsend, White, Thompson, Martin and Stille: A BILL TO AMEND CHAPTER 36 OF TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 8 SO AS TO PROVIDE THAT THE MEMBERSHIP OF A NONPROFIT CORPORATION ORGANIZED UNDER THE PROVISIONS OF CHAPTER 36 MAY ELECT FOR THE CORPORATION TO BECOME A PUBLIC BODY POLITIC AND CORPORATE.
Rep. HARRELL proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\AMEND\10467HTC01), which was adopted:
Amend the bill, as and if amended, by adding two appropriately numbered SECTIONS to read:
/ SECTION ___. Section 12-36-2120(12) of the 1976 Code, as amended by Act 404 of 2000, is further amended to read:
"(12) water sold by public utilities, if rates and charges are of the kind determined by the Public Service Commission, or water sold by nonprofit corporations organized pursuant to Chapter 36 of Title 33, or water sold by a public body established pursuant to Article 8, Chapter 36 of Title 33;
SECTION ___. Section 12-36-2120(32) of the 1976 Code is amended to read:
"(32) natural, propane, and liquefied petroleum gas and electricity used exclusively in the production of poultry, livestock, swine, and milk and to produce agricultural plants in greenhouses that subsequently will be replanted;" /
Renumber sections to conform.
Amend totals and title to conform.
Rep. HARRELL explained the amendment.
The amendment was then adopted.
Rep. HARRELL proposed the following Amendment No. 2 (Doc Name COUNCIL\BBM\AMEND\10468HTC01), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. A. Section 12-36-2120 of the 1976 Code is amended by adding an appropriately numbered item at the end to read:
"( ) effective July 1, 2006, food items eligible for purchase with United States Department of Agriculture food coupons. The exemption allowed by this item does not extend to a local sales and use tax imposed pursuant to a referendum held before July 1, 2001, except where a local sales and use tax specifically exempts these items. The exemption allowed by this item applies to a local sales and use tax imposed pursuant to a referendum held after June 30, 2001. An amount of general fund revenue not derived from the state sales and use tax equal to the amount of state sales and use tax revenue not collected because of the exemption allowed by this item is deemed state sales and use tax revenue and must be used as provided in Section 59-21-1010(A) and (B), including the appropriate amount required to be credited to the Education Act Improvement Fund;"
B. Notwithstanding the rates of tax imposed pursuant to Chapter 36, Title 12 of the 1976 Code, the rate of tax imposed pursuant to that chapter on the gross proceeds of sales, or the sale price of food items eligible for purchase with United States Department of Agriculture food coupons, is four percent for sales from July 1, 2001, through June 30, 2003, three percent for such sales from July 1, 2003, through June 30, 2004, two percent for such sales from July 1, 2004, through June 30, 2005, and one percent for such sales from July 1, 2005, through June 30, 2006. An amount of general fund revenue not derived from the state sales and use tax equal to the state sales and use tax not collected because of the reduced state sales tax rate allowed by this section is deemed state sales and use tax revenue and must be used as provided in Section 59-21-1010(A) and (B) of the 1976 Code, including whatever amount is necessary to be credited to the Education Act Improvement Fund so that the total in that fund is not reduced by the reduced rates allowed by this section. Except where otherwise exempt, the local sales and use taxes authorized by law continue to apply to those sales subject to the reduced state rate of tax provided in this section, but such a tax imposed pursuant to a referendum held after June 30, 2001, does not apply to those sales subject to the reduced state rate of tax provided in this section.
C. Notwithstanding the general effective date of this act, this section takes effect July 1, 2001. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. HARRELL explained the amendment.
Rep. SCOTT raised the Point of Order that Amendment No. 2 was out of order in that it was not germane to the Bill.
SPEAKER WILKINS overruled the Point of Order.
Rep. SCOTT raised the Point of Order that in accordance with Rule 5.13, a fiscal impact statement was required on the Bill.
SPEAKER WILKINS stated that the Rule applied to Bills prior to second reading and therefore the Bill, as amended by the Senate, did not require a fiscal impact statement and he overruled the Point of Order.
Rep. HARRELL continued speaking.
Rep. SCOTT made the Point of Order that the Senate Amendments were improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
Rep. HARRELL moved to waive Rule 5.15, which was agreed to by a division vote of 57 to 5.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.
The following was received:
Columbia, S.C., June 6, 2001
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on S. 496:
S. 496 (Word version) -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 57 TO TITLE 33, SO AS TO ENACT THE "SOUTH CAROLINA EDUCATION LOTTERY ACT"; TO PROVIDE FOR A STATE LOTTERY AND TO CREATE THE SOUTH CAROLINA EDUCATION LOTTERY CORPORATION TO CONDUCT THE STATE LOTTERY; TO PROVIDE FOR THE CORPORATION'S BOARD MEMBERSHIP, DUTIES, AND POWERS; TO PROVIDE FOR THE CREATION OF A LOTTERY RETAILERS ADVISORY COMMITTEE; TO PROVIDE FOR THE METHOD OF CONTRACTING WITH VENDORS AND RETAILERS; TO PROVIDE FOR THE SALE OF LOTTERY GAME TICKETS AND THE DISTRIBUTION OF PRIZES; TO PROVIDE FOR ALLOCATION OF LOTTERY PROCEEDS WHICH MUST BE USED FOR EDUCATIONAL PURPOSES AND PROGRAMS; TO PROVIDE CRIMINAL PENALTIES FOR SELLING A LOTTERY TICKET TO A MINOR, PURCHASING A LOTTERY TICKET AS A MINOR, AND DEFRAUDING OR OTHERWISE TAMPERING WITH THE LOTTERY OR MAKING MATERIAL REPRESENTATIONS IN AN APPLICATION OR REPORT IN CONNECTION WITH THE LOTTERY; TO CREATE A SOUTH CAROLINA EDUCATION LOTTERY OVERSIGHT COMMITTEE; TO PROVIDE FOR SET-OFF DEBT COLLECTION FROM PRIZE WINNINGS; TO ESTABLISH THE SOUTH CAROLINA EDUCATION LOTTERY ACCOUNT INTO WHICH THE NET PROCEEDS RECEIVED FROM THE STATE EDUCATION LOTTERY MUST BE DEPOSITED AND TO PROVIDE FOR SPECIFIED PURPOSES FOR THE PROCEEDS; TO AMEND SECTION 1-3-240, RELATING TO THE REMOVAL OF OFFICERS BY THE GOVERNOR UNDER CERTAIN CIRCUMSTANCES, SO AS TO ADD THE SOUTH CAROLINA EDUCATION LOTTERY CORPORATION TO THAT PROVISION; TO ADD SECTION 2-15-63, SO AS TO PROVIDE THAT BEGINNING IN DECEMBER 2004 AND EVERY THREE YEARS THEREAFTER, THE LEGISLATIVE AUDIT COUNCIL MUST CONDUCT A MANAGEMENT PERFORMANCE AUDIT OF THE LOTTERY CORPORATION; TO AMEND SECTION 12-36-2120, RELATING TO THE EXEMPTIONS FROM THE SALES TAX, SO AS TO INCLUDE THE SALE OF A LOTTERY TICKET; AND TO AMEND SECTION 59-63-210, RELATING TO THE GROUNDS FOR WHICH A STUDENT MAY BE EXPELLED, SO AS TO PROVIDE THAT NO STUDENT UNDER EIGHTEEN YEARS OF AGE WHO UNLAWFULLY PURCHASES A LOTTERY TICKET MAY BE EXPELLED FOR THAT REASON ONLY.
Very respectfully,
President
The Report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for ratification.
Rep. TOWNSEND moved that the House recur to the Morning Hour, which was agreed to.
The following was introduced:
H. 4274 (Word version) -- Rep. Lloyd: A HOUSE RESOLUTION TO CONGRATULATE GAIL L. REARDEN OF WALTERBORO UPON THE OCCASION OF HER GRADUATION FROM THE MEDICAL UNIVERSITY OF SOUTH CAROLINA ON MAY 18, 2001, WITH A DOCTOR OF MEDICINE DEGREE AND TO WISH HER CONTINUED SUCCESS IN HER CHOSEN SPECIALTIES OF INTERNAL MEDICINE AND WORKING WITH ELDERLY CITIZENS TO IMPROVE THEIR HEALTH CARE.
The Resolution was adopted.
The following was introduced:
H. 4275 (Word version) -- Reps. Freeman and Lucas: A CONCURRENT RESOLUTION TO RECOGNIZE MR. SAMUEL D. BASS, JR., OF CHESTERFIELD COUNTY FOR HIS MANY YEARS OF UNSELFISH PUBLIC SERVICE AND HIS CONTRIBUTIONS TO THE 4-H YOUTH AND AGRICULTURE PROGRAMS AND TO WISH HIM EVERY HAPPINESS AND GOOD FORTUNE IN HIS RETIREMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4276 (Word version) -- Rep. Allen: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND THE REVEREND A. B. SHERMAN OF GREENVILLE COUNTY, FOUNDER OF VALLEY BROOK BAPTIST CHURCH, AS THE CHURCH HONORS HIM DURING ITS FOUNDERS DAY CELEBRATION ON JUNE 17, 2001.
The Resolution was adopted.
Rep. STILLE moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 4252 (Word version) -- Rep. McLeod: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF 1994 NOBEL PRIZE LAUREATE IN PHYSICS, DR. CLIFFORD G. SHULL, AND HIS WIFE, MARTHA-NUEL SUMMER SHULL, A NEWBERRY NATIVE, WHO DIED RESPECTIVELY ON MARCH 31, 2001, AND APRIL 4, 2001, AND WERE BURIED IN NEWBERRY'S ROSEMONT CEMETERY.
H. 4253 (Word version) -- Reps. Hosey, Harvin, Weeks, Govan, G. M. Smith, Phillips, Allison, Barrett, Bingham, J. Brown, Cato, Chellis, Clyburn, Frye, Gilham, M. Hines, Keegan, Kelley, Koon, Lloyd, McCraw, McGee, Merrill, Ott, Rhoad, Rivers, Rutherford, Sinclair, F. N. Smith, Stille, Stuart, Thompson, Walker and J. Young: A CONCURRENT RESOLUTION TO WELCOME THE SCOTTISH RITE BICENTENNIAL CELEBRATION AND BIENNIAL SESSION TO CHARLESTON, SOUTH CAROLINA, BEGINNING THE LAST WEEK OF SEPTEMBER 2001 AND EXTEND THE BEST WISHES OF THE STATE OF SOUTH CAROLINA TO THE SCOTTISH RITE BRETHREN, DELEGATES, AND VISITING DIGNITARIES.
H. 4254 (Word version) -- Rep. Lourie: A CONCURRENT RESOLUTION TO COMMEND AND HONOR THE MEMBERS AND COACHES OF THE RICHLAND NORTHEAST HIGH SCHOOL "CAVALIERS" BASEBALL TEAM ON THE OCCASION OF CAPTURING THE 2001 CLASS AAAA STATE BASEBALL CHAMPIONSHIP.
H. 4256 (Word version) -- Reps. Howard, Cobb-Hunter, J. H. Neal, J. Brown, Scott, Govan, Moody-Lawrence, Mack, Lloyd, Allen, Breeland, R. Brown, Clyburn, Gourdine, J. Hines, M. Hines, Hosey, Kennedy, Lee, Parks, Rutherford, F. N. Smith, Weeks, Whipper, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, G. Brown, Campsen, Carnell, Cato, Chellis, Coates, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Hinson, Huggins, Jennings, Keegan, Kelley, Kirsh, Klauber, Knotts, Koon, Law, Leach, Limehouse, Littlejohn, Loftis, Lourie, Lucas, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, J. M. Neal, Neilson, Ott, Owens, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Robinson, Rodgers, Sandifer, Scarborough, Sharpe, Sheheen, Simrill, Sinclair, D. C. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE RONALD G. "BEN" BENJAMIN, ASSISTANT TO THE SERGEANT AT ARMS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES FOR HIS DEDICATED THIRTY-ONE YEARS OF SERVICE TO THE STATE, HIS COMMUNITY, AND THE HOUSE OF REPRESENTATIVES.
At 5:40 p.m. the House, in accordance with the motion of Rep. HINSON, adjourned in memory of Amber Bright, to meet at 10:00 a.m. tomorrow.
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