Indicates Matter Stricken
Indicates New Matter
The House assembled at 2:00 p.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr. as follows:
Our thought for today is from Isaiah 60:3: "Nations shall come to Your light."
Let us pray. Bright shining God, bestow Your blessings on this body as they study and discuss and debate the issues of importance to this State. Be our guiding light to show the way You want us to go. Bless us through Your guidance. Be with our President and the leaders of this State. Protect in Your safekeeping our defenders of freedom. Hear us good Lord. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. SCOTT moved that when the House adjourns, it adjourn in memory of Betty Robbins of Columbia, which was agreed to.
The following were received and referred to the appropriate committee for consideration:
Document No. 2918
Agency: Department of Labor, Licensing and Regulation - Building Codes Council
Statutory Authority: 1976 Code Section 6-9-40
International Residential Code
Received by Speaker of the House of Representatives
January 11, 2005
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration May 11, 2005
Document No. 2917
Agency: Department of Labor, Licensing and Regulation - Building Codes Council
Statutory Authority: 1976 Code Section 6-9-40
International Fuel Gas Code
Received by Speaker of the House of Representatives
January 11, 2005
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration May 11, 2005
Document No. 2951
Agency: Department of Labor, Licensing and Regulation - Board of Long Term Health Care Administrators
Statutory Authority: 1976 Code Sections 40-35-10 through 40-35-136, 40-35-230, 40-1-70
Inactive or Retired Status Licenses
Received by Speaker of the House of Representatives
January 11, 2005
Referred to Medical, Military, Public and Municipal Affairs Committee
Legislative Review Expiration May 11, 2005
Document No. 2931
Agency: Department of Labor, Licensing and Regulation - Environmental Certification Board
Statutory Authority: 1976 Code Sections 40-23-70, 40-23-205, and 40-1-70
Chapter Revision
Received by Speaker of the House of Representatives
January 11, 2005
Referred to Agriculture, Natural Resources and Environmental Affairs Committee
Legislative Review Expiration May 11, 2005
Rep. WILKINS, from the Greenville Delegation, submitted a favorable report on:
H. 3128 (Word version) -- Reps. Wilkins, Allen, Cato, Hamilton, Haskins, Leach, Loftis, Rice, F. N. Smith, G. R. Smith, Taylor, Tripp, Vaughn, Barfield and Mahaffey: A HOUSE RESOLUTION JOINING THE CITY OF GREER IN HONORING SOUTH CAROLINA STATE SENATOR J. VERNE SMITH FOR HIS MORE THAN THIRTY YEARS OF STATESMANSHIP ON BEHALF OF THE CITY AND THIS STATE.
On motion of Rep. VAUGHN, with unanimous consent, the following House Resolution was taken up for immediate consideration:
H. 3128 (Word version) -- Reps. Wilkins, Allen, Cato, Hamilton, Haskins, Leach, Loftis, Rice, F. N. Smith, G. R. Smith, Taylor, Tripp, Vaughn, Barfield and Mahaffey: A HOUSE RESOLUTION JOINING THE CITY OF GREER IN HONORING SOUTH CAROLINA STATE SENATOR J. VERNE SMITH FOR HIS MORE THAN THIRTY YEARS OF STATESMANSHIP ON BEHALF OF THE CITY AND THIS STATE.
Whereas, Senator J. Verne Smith has served in the South Carolina Senate since 1972; and
Whereas, during this honorable tenure he has been a passionate advocate for the people of his beloved hometown of Greer; and
Whereas, the City of Greer undertakes to recognize his untiring efforts by naming January 14, 2005, "J. Verne Smith Day"; and
Whereas, banners will fly, bands will march, and bread will be broken during this event of high excitement; and
Whereas, Senator Smith and Mrs. Smith, the love of his life, will take the spotlight for a very special day set aside in his honor, just one day before he celebrates his eightieth birthday on January 15; and
Whereas, the State House of Representatives is privileged to be a part of this recognition of the long and dedicated service of one of this State's most treasured statesmen; and
Whereas, Senator Smith's individual attributes of strength and vitality have been enhanced even further by his leadership of the powerful Senate Labor, Commerce and Industry, Interstate Cooperation, and Operation and Management Committees and his productive service on the important Senate Finance, Medical Affairs, and Rules Committees; and
Whereas, the beautifully restored State House stands as a symbol of his leadership of the State House Committee during the renovation; and
Whereas, a fervent believer in the power of government to do good for the people it serves, J. Verne Smith never loses sight of all the citizens of the City of Greer, County of Greenville, and State of South Carolina who trust him to represent them effectively and with integrity; and
Whereas, although J. Verne Smith is one of the most honored and recognized of all South Carolina's leaders, having garnered numerous accolades over the years, he is certain to cherish this honor from his hometown folks. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives of the State of South Carolina, by this resolution, join the City of Greer in honoring South Carolina Senator J. Verne Smith for his more than thirty years of statesmanship on behalf of the city and this State.
Be it further resolved that a copy of this resolution be presented to Senator J. Verne Smith on the occasion of "J. Verne Smith Day" on January 14, 2005.
The Resolution was adopted.
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:
H. 3006 (Word version) -- Reps. Wilkins, Harrell, W. D. Smith, J. Brown, Cato, Chellis, Harrison, Townsend, Witherspoon, Bailey, G. R. Smith, Vaughn, Davenport, Sandifer, Barfield, Young, Owens, Kirsh, Leach, E. H. Pitts, Battle, Viers, Clyburn, Littlejohn, Taylor, Rice, Hinson, Clark, Walker, Bales, Cobb-Hunter, Simrill, Chalk, Duncan, Stewart, Talley and Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 63 TO TITLE 12 SO AS TO ENACT THE 2005 JOBS CREATION ACT, PROVIDING FOR A CREDIT OF UP TO TWENTY-FIVE PERCENT AGAINST THE STATE INCOME TAX THE AMOUNT INVESTED BY AN INVESTOR IN THE EQUITY, NEAR-EQUITY, OR SEED CAPITAL OF A QUALIFIED BUSINESS, TO DEFINE "QUALIFIED BUSINESS" AND PROVIDE THAT THE COORDINATING COUNCIL OF THE DEPARTMENT OF COMMERCE HAS SOLE DISCRETION TO MAKE DETERMINATIONS OF "QUALIFIED BUSINESS", TO PROVIDE PROCEDURES FOR CLAIMING THE CREDIT INCLUDING ANNUAL REGISTRATION AND FEE PAYMENTS, TO REQUIRE THAT APPLICATIONS INCLUDE INFORMATION AS TO THE APPLICANT'S STATUS AS A SOCIALLY AND ECONOMICALLY DISADVANTAGED BUSINESS, TO PROVIDE FOR REVOCATION OF THE CREDIT AND RECAPTURE OF THE TAX OTHERWISE DUE, AND TO PROVIDE FOR THE RESERVATION OF TWO MILLION DOLLARS OF THE CREDIT CAP FOR CERTAIN CITED RESEARCH AND DEVELOPMENT PROJECTS; BY ADDING ARTICLE 10 TO CHAPTER 37 OF TITLE 33 SO AS TO ESTABLISH A CAPITAL ACCESS PROGRAM PROVIDING FOR FLEXIBILITY IN THE MAKING OF LOANS BY FINANCIAL INSTITUTIONS TO SMALL BUSINESSES WHO FAIL TO QUALIFY FOR CONVENTIONAL OR OTHER GUARANTEED OR ASSISTED FINANCING, AND TO PROVIDE FOR FUNDING OF A LOAN LOSS RESERVE TO REPAY PARTICIPATING FINANCIAL INSTITUTIONS WHO SUFFER A LOSS ON A LOAN, ADMINISTRATION OF THE PROGRAM BY BUSINESS DEVELOPMENT CORPORATION OF SOUTH CAROLINA, GUIDELINES FOR SELECTING LOAN RECIPIENTS, RECORDKEEPING AND REPORTING, AND DISTRIBUTION OF RESERVE FUNDS UPON TERMINATION OF INSTITUTIONAL PARTICIPATION OR THE CAPITAL ACCESS PROGRAM ITSELF; TO AMEND SECTION 33-37-460, AS AMENDED, RELATING TO LIMITATIONS ON A LOAN TO A CORPORATION BY A MEMBER, SO AS TO PROVIDE FOR REFERENCE TO THE LOAN CALL AGREEMENT AND TO DISALLOW A LOAN WHICH RESULTS IN OBLIGATIONS THAT EXCEED TEN TIMES THE GREATER OF THE NET WORTH OF THE CORPORATION OR THE AMOUNT PAID IN ON OUTSTANDING CAPITAL STOCK; TO AMEND SECTION 33-37-465, RELATING TO A SHORT-TERM LOAN TO A CORPORATION BY A MEMBER, SO AS TO PROVIDE THAT THE LIMITATIONS AND RESTRICTIONS DO NOT APPLY TO A SHORT-TERM LOAN; BY ADDING SECTION 12-2-110 SO AS TO PROVIDE FOR A FIVE-YEAR SUNSET PROVISION FOR TAX INCENTIVES ENACTED AFTER THIS ACT AND FOR EXCEPTIONS AND REVIEW; BY ADDING SECTION 12-6-60 SO AS TO PROVIDE FOR DETERMINATION OF A NEXUS WITH THIS STATE FOR PURPOSES OF INCOME TAX AND CORPORATE LICENSE FEE IN CONNECTION WITH A DISTRIBUTION FACILITY AND TO DEFINE "DISTRIBUTION FACILITY"; BY ADDING SECTION 12-6-3362 SO AS TO PROVIDE FOR A TAX CREDIT IN CONNECTION WITH HEALTH INSURANCE PREMIUMS ASSOCIATED WITH THE HIRING OF NEW EMPLOYEES; BY ADDING SECTION 12-36-2690 SO AS TO PROVIDE FOR DETERMINATION OF A NEXUS WITH THIS STATE FOR SALES AND USE TAX PURPOSES IN CONNECTION WITH A DISTRIBUTION FACILITY AND TO DEFINE "DISTRIBUTION FACILITY"; TO AMEND CHAPTER 62 OF TITLE 12, RELATING TO THE SOUTH CAROLINA MOTION PICTURE INCENTIVE ACT, SO AS TO INCLUDE AN EXEMPTION FROM LOCAL, AS WELL AS STATE, SALES AND USE TAXES, TO DEFINE "EMPLOYEE" FOR PURPOSES OF A FIVE PERCENT REBATE ON ALL TAXABLE WAGES PAID IN CONNECTION WITH AN EMPLOYEE'S WORK ON A MOTION PICTURE AND TO PROVIDE PROCEDURES FOR CLAIMING THE REBATE, TO ALLOW UP TO SEVEN PERCENT OF THE GENERAL FUND PORTION OF ADMISSIONS TAX COLLECTED BY THE STATE AND FUNDED TO THE USE OF THE SOUTH CAROLINA FILM COMMISSION TO BE USED EXCLUSIVELY FOR MARKETING AND SPECIAL EVENTS, AND TO PROVIDE, FURTHER, THAT THE COMMISSION REPORT ANNUALLY TO THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT ON USE OF ALL ITS FUNDS IN A PUBLIC REPORT, ACCESSIBLE ON ITS WEBSITE; TO AMEND SECTION 12-36-920, AS AMENDED, RELATING TO SALES TAX ON GROSS PROCEEDS FROM RENTALS ON LODGINGS, SO AS TO DELETE A REBATE TO A MOTION PICTURE PRODUCTION COMPANY FOR SALES TAX PAID ON ACCOMMODATIONS; TO AMEND SECTION 1-30-25, AS AMENDED, RELATING TO THE DEPARTMENT OF COMMERCE, SO AS TO DELETE A REFERENCE TO THE STATE DEVELOPMENT BOARD; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STATE SALES AND USE TAX, SO AS TO DELETE THE EXEMPTION FOR THE PROCEEDS OF SALES MADE TO A MOTION PICTURE COMPANY; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE JOBS TAX CREDIT, SO AS TO ALLOW THE CREDIT TO AN EMPLOYER WHO INCREASES EMPLOYMENT BY FIVE, INSTEAD OF TEN, NEW FULL-TIME JOBS; AND TO MAKE THIS ACT APPLICABLE TO TAXABLE YEARS BEGINNING JANUARY 1, 2006.
Ordered for consideration tomorrow.
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:
H. 3234 (Word version) -- Reps. Harrell, Wilkins and Harvin: A BILL TO AMEND ARTICLE 7, CHAPTER 11 OF TITLE 55, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO STATE FUNDING OF AIR CARRIER HUB TERMINAL FACILITIES, SO AS TO INCLUDE A FACILITY THAT OPERATES TWO OR MORE SPECIAL, STATE-TAXED PLANES FOR THE TRANSPORT OF SPECIAL CARGO, TO INCLUDE AN ECONOMIC DEVELOPMENT PROJECT THAT IS FUNCTIONALLY RELATED TO AIR CARRIER HUB TERMINAL FACILITIES SATISFYING THE CRITERIA, TO PROVIDE THAT THE SECRETARY OF THE DEPARTMENT OF COMMERCE MAY DETERMINE CONCLUSIVELY THAT AN AIRPORT TERMINAL FACILITY QUALIFIES AS AN AIR CARRIER HUB TERMINAL FACILITY, TO MAKE TECHNICAL CHANGES; AND TO AMEND SECTION 11-41-30, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE ECONOMIC DEVELOPMENT BOND ACT, SO AS TO INCLUDE AS INFRASTRUCTURE BUILDINGS ON ALL QUALIFYING AIR CARRIER HUB TERMINAL FACILITIES.
Ordered for consideration tomorrow.
The following was introduced:
H. 3266 (Word version) -- Reps. Scott, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO EXPRESS THE GRATITUDE AND APPRECIATION OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO MR. MARSHALL CARITHERS FOR HIS EXEMPLARY SERVICE TO THE MILITARY, THE CITIZENS OF ANDERSON COUNTY, AND THE STATE OF SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. W. D. SMITH, with unanimous consent, the following was taken up for immediate consideration:
H. 3267 (Word version) -- Rep. W. D. Smith: A HOUSE RESOLUTION TO PROVIDE THAT THE STAFF SERVING THE MEMBERS OF THE HOUSE OF REPRESENTATIVES IS NOT REQUIRED TO WORK ON GOOD FRIDAY, MARCH 25, 2005.
Be it resolved by the House of Representatives:
That the staff serving the members of the House of Representatives is not required to work on Good Friday, March 25, 2005.
The Resolution was adopted.
The following was introduced:
H. 3268 (Word version) -- Rep. Davenport: A HOUSE RESOLUTION TO AMEND RULE 4.3 OF THE RULES OF THE HOUSE OF REPRESENTATIVES, RELATING TO THE JURISDICTION OF COMMITTEES, SO AS TO PROVIDE THAT THE WAYS AND MEANS COMMITTEE HAS JURISDICTION OVER THAT PORTION OF A REGULATION CONTAINING THE ESTABLISHMENT OR REVISION OF A FEE AND THAT THE REGULATION SIMULTANEOUSLY MUST BE REFERRED TO THE WAYS AND MEANS COMMITTEE AND TO THE COMMITTEE HAVING JURISDICTION OVER THE SUBJECT MATTER OF THE REGULATION.
The Resolution was ordered referred to the Committee on Rules.
The following was introduced:
H. 3269 (Word version) -- Reps. Ceips, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO PROCLAIM JULY 2005 "BEAUFORT WATER FESTIVAL MONTH" IN SOUTH CAROLINA IN RECOGNITION OF THE BEAUFORT WATER FESTIVAL'S HISTORIC FIFTIETH ANNIVERSARY.
Whereas, Beaufort is the second oldest city in the State, nestled on the coast between Charleston and Savannah, Georgia; and
Whereas, through the years the Beaufort Water Festival has become an important part of the city's unique culture and heritage. The family-oriented, totally volunteer run event showcases the city's character and close connection with the water; and
Whereas, the Water Festival's origins date back to the 1930's when sailboat racing on the Beaufort River became popular. Members of the community later decided to create an event as a tribute to Beaufort's renowned southern hospitality and culturally diverse island lifestyle; and
Whereas, the first official Beaufort Water Festival was established in 1955; and
Whereas, the festival, which will be held from July 15-24, 2005, includes sporting events such as golf, tennis, croquet, bocce, and the ever-popular toad fishing. Live entertainment in the Waterfront Park includes music from the genres of Motown, Reggae, and Shag just to name a few. Family entertainment includes a Children's Day, Teen Dance, and Talent Night; and
Whereas, the community's continuous dedication to providing visitors and residents quality entertainment has made the event one of the most popular volunteer festivals on the southeastern coast. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly, by this resolution, proclaim July 2005 "Beaufort Water Festival Month" in South Carolina in recognition of the event's historic fiftieth anniversary.
Be it further resolved that a copy of this resolution be forwarded to Mr. Richard Norris, Commodore of the 2005 Festival.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3270 (Word version) -- Rep. Ceips: A CONCURRENT RESOLUTION TO COMMEND BEAUFORT COUNTY AND THE BEAUFORT COUNTY COUNCIL FOR BECOMING THE FIRST LOCAL JURISDICTION TO PARTNER WITH THE UNITED STATES OF AMERICA, THROUGH THE DEPARTMENT OF THE NAVY, IN PURCHASING A RESTRICTIVE EASEMENT TO PREVENT ENCROACHMENT UPON THE MARINE CORPS AIR STATION IN BEAUFORT AND ENCOURAGE OTHER LOCAL GOVERNMENTS ACROSS SOUTH CAROLINA AND THE NATION TO FOLLOW THIS PATRIOTIC EXAMPLE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3271 (Word version) -- Reps. Cotty, Clemmons, Wilkins and Harrison: A BILL TO RATIFY AN AMENDMENT TO SECTION 1, ARTICLE VIII-A OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE POWERS OF THE GENERAL ASSEMBLY PERTAINING TO ALCOHOLIC LIQUORS AND BEVERAGES, SO AS TO REGULATE THEIR SALE IN CONTAINERS OF SUCH SIZE AS THE GENERAL ASSEMBLY CONSIDERS APPROPRIATE.
Referred to Committee on Judiciary
H. 3272 (Word version) -- Reps. Brady and Ballentine: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-648 SO AS TO DESIGNATE "BOHICKET" THE OFFICIAL STATE SOIL.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 3273 (Word version) -- Reps. Clemmons, Agnew, Anderson, Ballentine, Brady, Funderburk, Haley, Hardwick, Hiott, Jefferson, Norman and Vick: A BILL TO AMEND SECTION 2-17-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS CONCERNING LOBBYISTS AND LOBBYING AND CAMPAIGN PRACTICES, SO AS TO ADD THE DEFINITION OF "FRESHMAN LEGISLATORS" AND TO REVISE THE DEFINITION OF "LEGISLATIVE CAUCUS" TO INCLUDE A CAUCUS BASED ON A MEMBERSHIP OF FRESHMAN MEMBERS.
Referred to Committee on Judiciary
H. 3274 (Word version) -- Rep. Altman: A BILL TO AMEND SECTION 20-7-2220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPEALS AND THE EFFECT OF PENDENCY OF AN APPEAL IN CERTAIN FAMILY COURT MATTERS, SO AS TO PROVIDE THAT NO TEN DAY AUTOMATIC STAY APPLIES IN SUCH CASES.
Rep. ALTMAN asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. SCOTT objected.
Referred to Committee on Judiciary
H. 3275 (Word version) -- Reps. Duncan and M. A. Pitts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-9-1215 SO AS TO PROVIDE THAT ANY PERSON WHO IS CONVICTED OF OR PLEADS GUILTY OR NOLO CONTENDERE TO A CRIMINAL OFFENSE RESULTING FROM THE SHOOTING OF ANY BOVINE OR EQUINE ANIMAL SHALL ALSO HAVE HIS HUNTING PRIVILEGES SUSPENDED FOR A PERIOD OF TWO YEARS, AND TO PROVIDE THAT BEFORE THE SUSPENSION PERIOD MAY BE LIFTED, THE OFFENDER SUCCESSFULLY SHALL COMPLETE A HUNTER EDUCATION CLASS OR COURSE APPROVED BY THE DEPARTMENT EDUCATING THE OFFENDER ON THE PROPER USE OF WEAPONS, GAME IDENTIFICATION, AND SAFETY.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 3284 (Word version) -- Reps. Sandifer and Leach: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-7-315 SO AS TO PROVIDE FOR THE ORDERLY DISSOLUTION OF THE SECOND INJURY FUND AND TO PROVIDE FOR SUBSEQUENT ACTIONS TO BE TAKEN BY THE BUDGET AND CONTROL BOARD RELATING TO THE WINDING DOWN OF OPERATIONS OF THE FUND.
Referred to Committee on Labor, Commerce and Industry
H. 3285 (Word version) -- Rep. Wilkins: A BILL TO AMEND SECTION 1-23-610, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JUDICIAL REVIEW OF DECISIONS BY AN ADMINISTRATIVE LAW JUDGE, SO AS TO PROVIDE THAT A FINAL DECISION BY AN ADMINISTRATIVE LAW JUDGE INVOLVING THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MAY BE APPEALED AS A MATTER OF RIGHT TO THE COURT OF APPEALS.
Referred to Committee on Judiciary
H. 3286 (Word version) -- Reps. Scarborough and Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-12-15 SO AS TO PROVIDE THAT BEGINNING JULY 1, 2005, THE RATES AND OTHER CONSUMER CHARGES OF CABLE TELEVISION COMPANIES OPERATING IN SOUTH CAROLINA SHALL BE APPROVED BY THE PUBLIC SERVICE COMMISSION.
Referred to Committee on Labor, Commerce and Industry
H. 3287 (Word version) -- Reps. Wilkins, Kirsh, Edge, Rice, Davenport, Barfield, Taylor, Young and Clyburn: A BILL TO ENACT THE "MEDICAID ACCOUNTABILITY AND IMPROVEMENT ACT" BY AMENDING SECTION 44-6-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES ANNUAL REPORT, SO AS TO FURTHER SPECIFY THE CONTENTS OF THIS REPORT, ESPECIALLY WITH REGARD TO THE MEDICAID PROGRAM, AND TO REQUIRE THIS REPORT TO BE SUBMITTED TO CERTAIN COMMITTEES OF THE GENERAL ASSEMBLY; TO ADD SECTION 44-6-110 SO AS TO SPECIFY MEDICAID ELIGIBILITY DETERMINATION CRITERIA THAT THE DEPARTMENT MUST DEVELOP AND TO FURTHER PROVIDE CERTAIN PROCEDURES FOR ADMINISTRATION OF THE MEDICAID PROGRAM; TO ADD SECTION 38-71-270 SO AS TO REQUIRE HEALTH INSURERS TO PROVIDE IDENTIFYING INFORMATION ON ITS INSUREDS SO THAT THE DEPARTMENT OF HEALTH AND HUMAN SERVICES CAN DETERMINE IF MEDICAID RECIPIENTS HAVE OTHER HEALTH COVERAGE; TO ADD ARTICLES 8 AND 9, CHAPTER 6, TITLE 44 SO AS TO PROVIDE PROCEDURES FOR MEDICAID UTILIZATION CONTROL AND CARE MANAGEMENT, INCLUDING THE ESTABLISHMENT OF THE PHARMACY AND THERAPEUTICS COMMITTEE TO MAKE RECOMMENDATIONS, AMONG OTHER THINGS, TO THE DEPARTMENT CONCERNING MEDICATIONS TO BE ON A PREFERRED DRUG LIST AND TO PROVIDE FOR MEDICAID FRAUD AND ABUSE CONTROLS, INCLUDING CONTRACTING WITH THE ATTORNEY GENERAL'S OFFICE FOR ASSISTANCE WITH INVESTIGATIONS, MONITORING BENEFIT USE, AND CONDUCTING AUDITS AND INVESTIGATIONS OF MEDICAID PROVIDERS; TO AMEND SECTION 43-3-65, RELATING TO COUNTIES PROVIDING OFFICE SPACE AND CERTAIN SERVICES FOR COUNTY DEPARTMENTS OF SOCIAL SERVICES, SO AS TO ALSO REQUIRE COUNTIES TO PROVIDE SUCH ASSISTANCE TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES; AND TO REPEAL JOINT RESOLUTION 370 OF 2002, RELATING TO ANNUAL NURSING HOME FRANCHISE FEES.
Referred to Committee on Ways and Means
H. 3288 (Word version) -- Reps. Sandifer and Leach: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-210 SO AS TO ELIMINATE ANY COMPENSATION, LOST WAGES OR MEDICAL, PAYABLE TO ANY INJURED WORKER WHEN THE INJURED WORKER IS AN ILLEGAL ALIEN AND HAS GAINED EMPLOYMENT THROUGH FRAUDULENT MEANS OR METHODS, OR BOTH.
Referred to Committee on Labor, Commerce and Industry
H. 3289 (Word version) -- Rep. Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-550 SO AS TO PROVIDE FOR OPEN ENROLLMENT FOR STUDENTS WITHOUT CHARGING TUITION EXCEPT IN CERTAIN CIRCUMSTANCES AND TO PROVIDE FOR THE DEVELOPMENT OF OPEN ENROLLMENT POLICIES AND PROCEDURES.
Referred to Committee on Education and Public Works
H. 3290 (Word version) -- Rep. Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-19-25 SO AS TO PROVIDE THAT BEGINNING IN 2006 MEMBERS OF THE BOARDS OF TRUSTEES OF SCHOOL DISTRICTS MUST BE ELECTED IN NONPARTISAN ELECTIONS, AND TO PROVIDE FOR THE DATES OF THE ELECTIONS, TERMS OF CANDIDATES ELECTED, METHOD OF NOMINATION OF CANDIDATES, FILLING OF VACANCIES, AND CONDUCT OF THE ELECTIONS.
Referred to Committee on Judiciary
The following was introduced:
H. 3276 (Word version) -- Reps. Wilkins, W. D. Smith and Merrill: A HOUSE RESOLUTION TO COMMEND THE CONGRESS OF THE UNITED STATES FOR MAKING OUR NATION'S DEFENSE ITS FIRST PRIORITY IN 2002, 2003, AND 2004 AND REQUEST THE CONGRESS TO CONTINUE THIS IMPORTANT TRADITION BY PASSING AND ENACTING THE DEFENSE APPROPRIATIONS LEGISLATION BEFORE ALL OTHER SPENDING BILLS IN 2005 AND IN FUTURE YEARS.
The Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 3277 (Word version) -- Rep. Sandifer: A HOUSE RESOLUTION EXPRESSING THE SINCERE APPRECIATION OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES TO THE WASHINGTON STATE UTILITIES AND TRANSPORTATION COMMISSION FOR THEIR ASSISTANCE TO THE PEOPLE AND UTILITIES OF SOUTH CAROLINA AND GRACIOUS HOSPITALITY TO THE STATE REGULATION OF PUBLIC UTILITY REVIEW COMMITTEE, OFFICE OF REGULATORY STAFF SUBCOMMITTEE CHAIRMAN BILL SANDIFER, AND HIS STAFF.
The Resolution was adopted.
The following was introduced:
H. 3278 (Word version) -- Reps. Wilkins, W. D. Smith and Merrill: A HOUSE RESOLUTION REQUESTING THE SENATE OF THE UNITED STATES TO SUPPORT AND QUICKLY CONFIRM ALL FUTURE NOMINEES OF PRESIDENT GEORGE W. BUSH TO THE UNITED STATES SUPREME COURT.
The Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 3279 (Word version) -- Reps. Wilkins and W. D. Smith: A HOUSE RESOLUTION REQUESTING THE CONGRESS OF THE UNITED STATES TO SUPPORT AND ENACT MEANINGFUL MEDICAL MALPRACTICE REFORM.
The Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 3280 (Word version) -- Reps. Wilkins, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND GRACE WILLIS OF GREENVILLE COUNTY ON THE OCCASION OF HER ONE-HUNDRED AND FIFTH BIRTHDAY.
The Resolution was adopted.
The following was introduced:
H. 3281 (Word version) -- Reps. Wilkins, W. D. Smith and Merrill: A HOUSE RESOLUTION REQUESTING THE CONGRESS OF THE UNITED STATES TO ENACT NO INCREASES IN PAYROLL TAXES, NO CUTS TO SOCIAL SECURITY BENEFITS, AND OPTIONAL SOCIAL SECURITY PERSONAL RETIREMENT ACCOUNTS.
The Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 3282 (Word version) -- Reps. Wilkins, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION TO APPLAUD THE NEWLY FORMED SOUTH CAROLINA JUMP$TART COALITION FOR PERSONAL FINANCIAL LITERACY AND RECOGNIZE APRIL 11-15, 2005, AS "SOUTH CAROLINA FINANCIAL LITERACY WEEK".
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was taken up for immediate consideration:
H. 3283 (Word version) -- Reps. Wilkins, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION TO APPLAUD THE DENTAL CARE PROVIDERS AND AUXILIARIES IN SOUTH CAROLINA WHO PROVIDE FREE DENTISTRY TO THE NEEDIEST CHILDREN IN THE STATE ON THE FIRST FRIDAY OF FEBRUARY EACH YEAR AND TO RECOGNIZE FRIDAY, FEBRUARY 4, 2005, AS "SOUTH CAROLINA GIVE KIDS A SMILE DAY".
Whereas, "Give Kids A Smile Day" is a national charity event in which local dental care providers across the nation provide oral health education and services to needy children and their families and many children are exposed to dental offices and professions for the first time; and
Whereas, this event also highlights for policy-makers the distressing lack of access to dental care for so many children. This is such a critical issue because dental decay is a widespread problem that afflicts five times more children than asthma and seven times more children than hay fever; and
Whereas, an estimated twenty-three million children in America are without dental insurance and lack access to basic preventive and restorative dental care; and
Whereas, the future of South Carolina lies with its children and that future is dependant on the overall good health of our families; and
Whereas, oral health is directly linked with learning, development, self-esteem, and employability. Children with dental problems cannot eat and sleep properly, pay attention in school, or smile because they are needlessly suffering from a preventable disease; and
Whereas, last year through the "Give Kids A Smile" program almost $100,000 in free dental services were provided to over 890 children in South Carolina, while nationwide services in excess of $100 million were provided at 5,000 sites; and
Whereas, the "Give Kids A Smile" program not only educates children and their parents on good oral health care but helps to increase public awareness of dental problems and spotlights the barriers to care that exist across the country and asks our elected leaders to take notice and help make policies that will make events like these unnecessary in the future; and
Whereas, although the "Give Kids A Smile" program provides a great benefit, this charity alone cannot solve our children's oral health needs; and
Whereas, the grim reality is that for each child treated through the program many more are suffering without care. Good oral health can only be achieved through access to regular oral health care and good oral habits that are learned early and reinforced throughout life; and
Whereas, the dentists, hygienists, and assistants who volunteer with the "Give Kids A Smile" program across the nation, as well as those who provide their services free of charge each year to the neediest citizens of the State, are to be commended for their generosity and their unselfish efforts to address this problem; and
Whereas, the technical colleges of the State and the Medical University of South Carolina deserve special recognition for allowing a large part of the services to be rendered at their facilities and for the tremendous role they play each year in making this event possible; and
Whereas, it is with great pleasure that the South Carolina General Assembly joins with the dental care providers and institutions of higher learning in this State in their efforts throughout the State and nation to promote oral health awareness. 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, by this resolution, applaud the dental care providers and auxiliaries in South Carolina who provide free dental care to the neediest children in the State on the first Friday of February each year and to recognize Friday, February 4, 2005, as "South Carolina Give Kids A Smile Day."
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows:
Agnew Allen Altman Anderson Anthony Bailey Bales Ballentine Barfield Battle Bingham Bowers Brady Branham Breeland G. Brown J. Brown R. Brown Ceips Chalk Chellis Clark Clemmons Clyburn Coates Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Duncan Edge Emory Frye Funderburk Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hiott Hosey Howard Huggins Jefferson Jennings Kennedy Kirsh Leach Lee Limehouse Littlejohn Loftis Lucas Mack Mahaffey Martin McCraw McGee McLeod Merrill Miller Moody-Lawrence J. H. Neal J. M. Neal Neilson Norman Ott Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Rhoad Rice Rivers Rutherford Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. Smith G. M. Smith G. R. Smith J. E. Smith J. R. Smith W. D. Smith Stewart Talley Taylor Thompson Toole Townsend Tripp Umphlett Vaughn Vick Viers Walker Weeks Whipper White Whitmire Wilkins Witherspoon Young
I came in after the roll call and was present for the Session on Wednesday, January 12.
Harry Cato Jerry Govan Alex Harvin
Announcement was made that Dr. Gerald E. Harmon of Georgetown is the Doctor of the Day for the General Assembly.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or 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. 3006 (Word version)
Date: ADD:
01/12/05 DUNCAN
Bill Number: H. 3006 (Word version)
Date: ADD:
01/12/05 STEWART
Bill Number: H. 3006 (Word version)
Date: ADD:
01/12/05 TALLEY
Bill Number: H. 3007 (Word version)
Date: ADD:
01/12/05 TALLEY
Bill Number: H. 3009 (Word version)
Date: ADD:
01/12/05 DUNCAN
Bill Number: H. 3010 (Word version)
Date: ADD:
01/12/05 DUNCAN
Bill Number: H. 3012 (Word version)
Date: ADD:
01/12/05 DUNCAN
Bill Number: H. 3015 (Word version)
Date: ADD:
01/12/05 DUNCAN
Bill Number: H. 3022 (Word version)
Date: ADD:
01/12/05 DUNCAN
Bill Number: H. 3025 (Word version)
Date: ADD:
01/12/05 DUNCAN
Bill Number: H. 3029 (Word version)
Date: ADD:
01/12/05 DUNCAN
Bill Number: H. 3060 (Word version)
Date: ADD:
01/12/05 DUNCAN
Bill Number: H. 3086 (Word version)
Date: ADD:
01/12/05 DUNCAN
Bill Number: H. 3096 (Word version)
Date: ADD:
01/12/05 DUNCAN
Bill Number: H. 3107 (Word version)
Date: ADD:
01/12/05 DUNCAN
Bill Number: H. 3108 (Word version)
Date: ADD:
01/12/05 DUNCAN
Bill Number: H. 3110 (Word version)
Date: ADD:
01/12/05 DUNCAN
Bill Number: H. 3110 (Word version)
Date: ADD:
01/12/05 HUGGINS
Bill Number: H. 3141 (Word version)
Date: ADD:
01/12/05 DUNCAN
Bill Number: H. 3150 (Word version)
Date: ADD:
01/12/05 DUNCAN
Bill Number: H. 3159 (Word version)
Date: ADD:
01/12/05 DUNCAN
Bill Number: H. 3213 (Word version)
Date: ADD:
01/12/05 SIMRILL
Bill Number: H. 3213 (Word version)
Date: ADD:
01/12/05 BINGHAM
Bill Number: H. 3213 (Word version)
Date: ADD:
01/12/05 J. R. SMITH
Bill Number: H. 3213 (Word version)
Date: ADD:
01/12/05 RICE
Bill Number: H. 3213 (Word version)
Date: ADD:
01/12/05 TALLEY
Bill Number: H. 3216 (Word version)
Date: ADD:
01/12/05 TALLEY
Bill Number: H. 3217 (Word version)
Date: ADD:
01/12/05 TALLEY
Bill Number: H. 3015 (Word version)
Date: ADD:
01/12/05 M. A. PITTS
Bill Number: H. 3022 (Word version)
Date: ADD:
01/12/05 M. A. PITTS
Bill Number: H. 3027 (Word version)
Date: ADD:
01/12/05 M. A. PITTS
Bill Number: H. 3029 (Word version)
Date: ADD:
01/12/05 M. A. PITTS
Bill Number: H. 3032 (Word version)
Date: ADD:
01/12/05 M. A. PITTS
Bill Number: H. 3036 (Word version)
Date: ADD:
01/12/05 M. A. PITTS
Bill Number: H. 3036 (Word version)
Date: ADD:
01/12/05 DUNCAN
Bill Number: H. 3060 (Word version)
Date: ADD:
01/12/05 M. A. PITTS
Bill Number: H. 3087 (Word version)
Date: ADD:
01/12/05 M. A. PITTS
Bill Number: H. 3105 (Word version)
Date: ADD:
01/12/05 M. A. PITTS
Bill Number: H. 3118 (Word version)
Date: ADD:
01/12/05 M. A. PITTS
Bill Number: H. 3118 (Word version)
Date: ADD:
01/12/05 DUNCAN
Bill Number: H. 3126 (Word version)
Date: ADD:
01/12/05 M. A. PITTS
Bill Number: H. 3141 (Word version)
Date: ADD:
01/12/05 M. A. PITTS
Bill Number: H. 3167 (Word version)
Date: ADD:
01/12/05 M. A. PITTS
Bill Number: H. 3170 (Word version)
Date: ADD:
01/12/05 M. A. PITTS
Bill Number: H. 3170 (Word version)
Date: ADD:
01/12/05 BARFIELD
Bill Number: H. 3176 (Word version)
Date: ADD:
01/12/05 M. A. PITTS
Bill Number: H. 3182 (Word version)
Date: ADD:
01/12/05 M. A. PITTS
Bill Number: H. 3185 (Word version)
Date: ADD:
01/12/05 M. A. PITTS
Bill Number: H. 3211 (Word version)
Date: ADD:
01/12/05 M. A. PITTS
Bill Number: H. 3213 (Word version)
Date: ADD:
01/12/05 G. BROWN
Bill Number: H. 3213 (Word version)
Date: ADD:
01/12/05 BARFIELD
Bill Number: H. 3213 (Word version)
Date: ADD:
01/12/05 OWENS
Bill Number: H. 3213 (Word version)
Date: ADD:
01/12/05 M. A. PITTS
Bill Number: H. 3213 (Word version)
Date: ADD:
01/12/05 G. M. SMITH
Bill Number: H. 3213 (Word version)
Date: ADD:
01/12/05 HAMILTON
Bill Number: H. 3216 (Word version)
Date: ADD:
01/12/05 M. A. PITTS
Bill Number: H. 3217 (Word version)
Date: ADD:
01/12/05 M. A. PITTS
Bill Number: H. 3217 (Word version)
Date: ADD:
01/12/05 HASKINS
Bill Number: H. 3217 (Word version)
Date: ADD:
01/12/05 LEACH
Bill Number: H. 3250 (Word version)
Date: ADD:
01/12/05 HAMILTON
Bill Number: H. 3250 (Word version)
Date: ADD:
01/12/05 LEACH
Bill Number: H. 3254 (Word version)
Date: ADD:
01/12/05 MAHAFFEY
Bill Number: H. 3254 (Word version)
Date: ADD:
01/12/05 DANTZLER
Bill Number: H. 3254 (Word version)
Date: ADD:
01/12/05 SCARBOROUGH
Bill Number: H. 3264 (Word version)
Date: ADD:
01/12/05 VAUGHN
Bill Number: H. 3264 (Word version)
Date: ADD:
01/12/05 SCARBOROUGH
Bill Number: H. 3264 (Word version)
Date: ADD:
01/12/05 LEACH
Bill Number: H. 3213 (Word version)
Date: ADD:
01/12/05 WHITE
Bill Number: H. 3221 (Word version)
Date: ADD:
01/12/05 WILKINS
Bill Number: H. 3221 (Word version)
Date: ADD:
01/12/05 HARRELL
Bill Number: H. 3221 (Word version)
Date: ADD:
01/12/05 HARRISON
Bill Number: H. 3221 (Word version)
Date: ADD:
01/12/05 CATO
Bill Number: H. 3221 (Word version)
Date: ADD:
01/12/05 J. BROWN
Bill Number: H. 3221 (Word version)
Date: ADD:
01/12/05 TOWNSEND
Bill Number: H. 3221 (Word version)
Date: ADD:
01/12/05 EDGE
Bill Number: H. 3221 (Word version)
Date: ADD:
01/12/05 MERRILL
Bill Number: H. 3221 (Word version)
Date: ADD:
01/12/05 CHELLIS
Bill Number: H. 3221 (Word version)
Date: ADD:
01/12/05 OTT
Bill Number: H. 3221 (Word version)
Date: ADD:
01/12/05 R. BROWN
Bill Number: H. 3221 (Word version)
Date: ADD:
01/12/05 MACK
Bill Number: H. 3221 (Word version)
Date: ADD:
01/12/05 BARFIELD
Bill Number: H. 3221 (Word version)
Date: ADD:
01/12/05 WITHERSPOON
Bill Number: H. 3204 (Word version)
Date: REMOVE:
01/12/05 PINSON
Bill Number: H. 3133 (Word version)
Date: ADD:
01/12/05 M. A. PITTS
On motion of Rep. HARRELL, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means and was referred to the Committee on Labor, Commerce and Industry:
H. 3228 (Word version) -- Reps. Leach and Huggins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-81 SO AS TO AUTHORIZE THE COMPTROLLER GENERAL TO PAY A PREMIUM FOR THE PREPAID LEGAL INSURANCE OF A STATE EMPLOYEE BY MEANS OF PAYROLL DEDUCTION AND TO PROVIDE THE CONDITIONS APPLICABLE WITH RESPECT TO THE PAYROLL DEDUCTION.
The Veto on the following Act was taken up:
R. 436, H. 5085 (Word version)--Reps. Cotty, Bales, Battle, Chellis, Frye, Herbkersman, Littlejohn, G.R. Smith and Snow: A BILL TO AMEND SECTION 12-6-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME OF INDIVIDUALS FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO ALLOW A RESIDENT FULL-YEAR INDIVIDUAL TAXPAYER TO DEDUCT FROM SOUTH CAROLINA TAXABLE INCOME AN AMOUNT NOT TO EXCEED TEN THOUSAND DOLLARS OF UNREIMBURSED EXPENSES INCURRED BY THE TAXPAYER IN THE DONATION, WHILE LIVING, OF ONE OR MORE OF THE TAXPAYER'S ORGANS TO ANOTHER HUMAN BEING FOR HUMAN ORGAN TRANSPLANTATION AND TO PROVIDE DEFINITIONS AND THOSE EXPENSES THAT QUALIFY FOR THE DEDUCTION, BY ADDING SECTION 12-21-1085 SO AS TO PROVIDE FOR THOSE TAXES AND LICENSES ALLOWED ON BEER AND WINE, AND BY ADDING SECTION 12-6-3555 SO AS TO ALLOW A TAX CREDIT EQUAL TO ONE THOUSAND DOLLARS WHICH MAY BE CLAIMED ON A DECEDENT'S FINAL INCOME TAX RETURN, OR ESTATE INCOME TAX RETURN, OR ESTATE TAX RETURN IF THE DECEDENT WAS A RESIDENT OF THIS STATE AT THE TIME OF DEATH AND THE DECEDENT'S ORGANS OR TISSUES WERE REMOVED FOR TRANSPLANT.
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Jefferson Vick Viers
Those who voted in the negative are:
Agnew Allen Altman Anderson Bailey Bales Ballentine Barfield Battle Bingham Brady Breeland G. Brown R. Brown Ceips Chalk Chellis Clark Clemmons Clyburn Coates Cobb-Hunter Coleman Cotty Dantzler Davenport Delleney Duncan Edge Emory Frye Funderburk Govan Hagood Haley Hardwick Harrell Harrison Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hiott Hosey Huggins Jennings Kennedy Kirsh Leach Lee Limehouse Littlejohn Lucas Mack Mahaffey Martin McCraw McGee McLeod Merrill Moody-Lawrence J. H. Neal J. M. Neal Neilson Norman Ott Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Rhoad Rice Rutherford Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. Smith G. M. Smith G. R. Smith J. E. Smith J. R. Smith W. D. Smith Stewart Taylor Thompson Toole Townsend Tripp Umphlett Vaughn Walker Weeks Whipper White Whitmire Wilkins Witherspoon Young
So, the Veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
The Veto on the following Act was taken up:
R. 410, H. 3831 (Word version) -- Reps. Cato, Chellis, Coates, Cobb-Hunter, Edge, Emory, Harrison, Huggins, Limehouse, Sandifer, J.E. Smith, Talley and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 15, TITLE 56 SO AS TO REQUIRE CERTAIN APPLICANTS FOR AN INITIAL NONFRANCHISE AUTOMOBILE DEALER LICENSE TO COMPLETE CERTAIN PRE-LICENSING EDUCATION COURSES BEFORE THEY MAY BE ISSUED A LICENSE, AND TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL PROMULGATE REGULATIONS TO IMPLEMENT THIS PROVISION.
Rep. MCGEE explained the Veto.
Rep. KIRSH spoke in favor of the Veto.
Rep. VICK spoke against the Veto.
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Agnew Allen Altman Anthony Bailey Bales Ballentine Barfield Battle Bingham Bowers Brady Branham Breeland G. Brown R. Brown Ceips Chalk Chellis Clark Clemmons Coates Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Duncan Edge Emory Frye Funderburk Govan Hagood Haley Hamilton Hardwick Harrell Harrison Hayes Herbkersman J. Hines M. Hines Hinson Hiott Howard Huggins Jefferson Jennings Leach Lee Limehouse Littlejohn Lucas Mahaffey Martin McCraw McGee McLeod Merrill Miller Moody-Lawrence J. H. Neal J. M. Neal Neilson Ott Owens Parks Phillips Pinson E. H. Pitts M. A. Pitts Rice Rutherford Sandifer Simrill Sinclair Skelton G. M. Smith G. R. Smith J. E. Smith J. R. Smith Talley Taylor Thompson Toole Townsend Tripp Umphlett Vaughn Vick Viers Walker Weeks Whipper White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Anderson J. Brown Clyburn Haskins Hosey Kennedy Kirsh Norman Perry Rhoad Scarborough Scott D. C. Smith W. D. Smith Stewart
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The Veto on the following Act was taken up:
R. 380, H. 5136 (Word version) -- Rep. Littlejohn: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO CEASE ISSUING NEW AMBULANCE LICENSES FOR MORE THAN ONE HUNDRED TWENTY DAYS OR UNTIL THE DEPARTMENT HAS THE NECESSARY PERSONNEL TO ENFORCE EXISTING LICENSURE REQUIREMENTS, TO PROVIDE AN EXCEPTION IF A DEMONSTRATED NEED EXISTS, AND TO PROVIDE LICENSURE RENEWAL REQUIREMENTS.
Rep. LITTLEJOHN explained the Veto.
Rep. LITTLEJOHN moved to adjourn debate on the Veto until Tuesday, January 18, which was agreed to.
The Veto on the following Act was taken up:
R. 405, H. 3507 (Word version) -- Reps. McGee, Coates, Harrison, Sinclair and Cotty: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-35-75 SO AS TO PROVIDE FOR CERTAIN REQUIREMENTS OF A LESSEE IN A COMMERCIAL LEASE AGREEMENT OR SECURITY AGREEMENT TO ENSURE REASONABLE PROTECTION OF THE SUBJECT PROPERTY, TO PROVIDE FOR THE RIGHT OF ACCESS BY A LESSOR TO REAL ESTATE, FIXTURES, AND EQUIPMENT THAT ARE SUBJECT TO A COMMERCIAL LEASE OR SECURITY AGREEMENT FOR THE PURPOSE OF REASONABLE PROTECTION OF THE LEASED PROPERTY UPON TWENTY-FOUR HOURS' WRITTEN NOTICE TO THE LESSEE, TO PROVIDE FOR EMERGENCY CIRCUMSTANCES, TO PROVIDE THAT THE LESSEE MAY NOT UNREASONABLY WITHHOLD CONSENT TO ACCESS, AND TO PROVIDE THAT THESE PROVISIONS APPLY TO ALL CURRENT AND FUTURE SUBJECT AGREEMENTS.
Rep. MCGEE explained the Veto.
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Altman Anthony Bailey Bales Ballentine Barfield Battle Bingham Bowers Brady Branham Breeland G. Brown J. Brown R. Brown Ceips Chalk Chellis Clark Clemmons Coates Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Duncan Edge Emory Frye Govan Haley Hamilton Hardwick Harrell Harrison Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hiott Hosey Huggins Jefferson Jennings Kennedy Leach Lee Limehouse Littlejohn Loftis Lucas Mahaffey Martin McCraw McGee Merrill Miller J. M. Neal Neilson Norman Ott Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Rice Rutherford Sandifer Scott Simrill Sinclair Skelton G. R. Smith J. E. Smith J. R. Smith W. D. Smith Stewart Talley Taylor Toole Townsend Tripp Umphlett Vick Viers Walker Weeks Whipper White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Agnew Clyburn Funderburk Hagood Kirsh McLeod Moody-Lawrence J. H. Neal Rhoad Scarborough D. C. Smith G. M. Smith Thompson
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The Veto on the following Act was taken up:
R. 417, H. 4455 (Word version) -- Reps. Clemmons, J. Brown, Sandifer, Leach, Clark, Toole, Ceips, Herbkersman and Gilham: A BILL TO AMEND SECTION 40-43-86, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VARIOUS REQUIREMENTS PERTAINING TO PHARMACIES, INCLUDING THE TRANSFER OF ORIGINAL PRESCRIPTION INFORMATION BETWEEN PHARMACIES IN THIS STATE, SO AS TO PROVIDE THAT ALL REMAINING REFILLS, RATHER THAN ONLY ONE REFILL, MAY BE TRANSFERRED TO AND DISPENSED BY THE RECEIVING PHARMACY, TO DELETE THE REFERENCE TO IN-STATE PHARMACIES, AND TO DELETE A PROVISION CONTAINING PROCEDURES FOR DISPENSING RESTRICTED DRUGS; TO AMEND CHAPTER 47, TITLE 40 BY ADDING ARTICLE 10 SO AS TO REQUIRE CARDIOVASCULAR INVASIVE SPECIALISTS TO REGISTER WITH THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, WHICH MUST INCLUDE HOLDING A CURRENT REGISTRATION WITH CARDIOVASCULAR CREDENTIALING INTERNATIONAL, TO ESTABLISH PARAMETERS FOR THE SCOPE OF PRACTICE FOR SUCH SPECIALISTS, TO PROHIBIT SUCH SPECIALISTS FROM PRESCRIBING DRUGS, TO REQUIRE THESE SPECIALISTS TO PRACTICE ONLY UNDER THE SUPERVISION OF A CARDIOLOGIST, TO AUTHORIZE SANCTIONS FOR UNAUTHORIZED PRACTICE AND OTHER PRACTICE VIOLATIONS, AND TO PROVIDE THAT THE DEPARTMENT OF LABOR, LICENSING AND REGULATION SHALL PROMULGATE REGULATIONS TO IMPLEMENT THIS ARTICLE; TO ADD SECTION 40-13-255 SO AS TO PROVIDE FOR THE REGISTRATION AND REGULATION OF PERSONS WHO PRACTICE HAIR BRAIDING, INCLUDING REQUIRING REGISTRATION AND RENEWAL FEES, A SIXTY HOUR DEPARTMENT OF LABOR, LICENSING AND REGULATION APPROVED HAIR BRAIDING COURSE, AND PASSAGE OF AN EXAMINATION ADMINISTERED BY THE DEPARTMENT, AND TO PROVIDE THAT AN INDIVIDUAL CURRENTLY ENGAGED IN HAIR BRAIDING HAS ONE YEAR TO COMPLY WITH THE REQUIREMENTS OF THIS SECTION; AND TO AMEND SECTION 40-13-20, AS AMENDED, RELATING TO DEFINITIONS OF TERMS USED IN CONNECTION WITH THE LICENSURE AND REGULATION OF COSMETOLOGISTS, SO AS TO DEFINE "HAIR BRAIDING".
Rep. CLEMMONS explained the Veto.
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Phillips
Those who voted in the negative are:
Agnew Allen Altman Anderson Anthony Bailey Bales Ballentine Barfield Battle Bingham Bowers Brady Branham Breeland G. Brown J. Brown R. Brown Ceips Chalk Chellis Clark Clemmons Clyburn Coates Cobb-Hunter Coleman Cotty Dantzler Davenport Delleney Duncan Edge Emory Frye Funderburk Govan Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hiott Hosey Huggins Jefferson Jennings Kennedy Kirsh Leach Lee Limehouse Loftis Lucas Mack Mahaffey Martin McCraw McGee McLeod Merrill Miller Moody-Lawrence J. H. Neal J. M. Neal Neilson Norman Ott Owens Parks Perry Pinson E. H. Pitts M. A. Pitts Rhoad Rice Sandifer Scarborough Scott Sinclair Skelton D. C. Smith G. M. Smith G. R. Smith J. E. Smith W. D. Smith Stewart Talley Taylor Thompson Toole Townsend Tripp Umphlett Vaughn Vick Viers Walker Weeks Whipper White Whitmire Wilkins Witherspoon Young
So, the Veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
The Veto on the following Act was taken up:
R. 430, H. 4821 (Word version) -- Reps. Hayes, Battle, G. Brown, J. Hines, Jennings, Keegan and Richardson: A BILL TO AMEND CHAPTER 37, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF OPTOMETRISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY AND ADMINISTRATIVE ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS IN CHAPTER 1, TITLE 40, UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF OPTOMETRISTS, BY, AMONG OTHER THINGS, PROVIDING THAT A BACHELOR OF ARTS OR BACHELOR OF SCIENCE DEGREE IS REQUIRED FOR LICENSURE, ESTABLISHING LICENSURE BY ENDORSEMENT, CLARIFYING THAT THERAPEUTICALLY-CERTIFIED OPTOMETRIC EDUCATION COURSES MAY BE TAKEN WHILE ATTENDING SCHOOL RATHER THAN AFTER GRADUATION, PROVIDING THAT BY SEPTEMBER 30, 2007, ALL LICENSED OPTOMETRISTS MUST BE LICENSED AS THERAPEUTICALLY-CERTIFIED OPTOMETRISTS, AND TO PROVIDE TRANSITION PROVISIONS; BY ADDING SECTION 40-13-255 SO AS TO PROVIDE FOR THE PRACTICE OF HAIR BRAIDING AND PROVIDE THAT ONLY INDIVIDUALS WHO ARE LICENSED TO PRACTICE COSMETOLOGY OR WHO ARE REGISTERED TO PRACTICE HAIR BRAIDING MAY ENGAGE IN THE PRACTICE OF OR PERFORM HAIR BRAIDING SERVICES; TO AMEND SECTION 40-13-20, AS AMENDED, RELATING TO DEFINITIONS RELATING TO COSMETOLOGY, SO AS TO DEFINE "HAIR BRAIDING"; AND BY ADDING ARTICLE 10, CHAPTER 47, TITLE 40 SO AS TO PROVIDE FOR THE REGISTERED CARDIOVASCULAR INVASIVE SPECIALISTS ACT, TO DEFINE CERTAIN TERMS, TO PROVIDE THE PROCEDURE A PERSON MUST FOLLOW TO BECOME A REGISTERED CARDIOVASCULAR INVASIVE SPECIALIST, TO PROVIDE THE SERVICES A CARDIOVASCULAR INVASIVE SPECIALIST MAY PERFORM, TO PROVIDE FOR THE DISCIPLINE OF A PERSON WHO HAS BECOME UNFIT TO PRACTICE OR WHO HAS VIOLATED THIS ARTICLE, TO PROVIDE CERTAIN THINGS THAT A CARDIOVASCULAR INVASIVE SPECIALIST MUST DO AND MAY NOT DO, AND TO PROVIDE THAT THE DEPARTMENT OF LABOR, LICENSING AND REGULATION SHALL PROMULGATE REGULATIONS.
Rep. WHITE explained the Veto.
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Those who voted in the negative are:
Agnew Allen Anthony Bailey Bales Ballentine Barfield Battle Bingham Bowers Brady Branham Breeland G. Brown J. Brown R. Brown Ceips Chalk Chellis Clark Clemmons Clyburn Coates Cobb-Hunter Coleman Cotty Dantzler Davenport Delleney Duncan Edge Emory Frye Funderburk Hagood Haley Hamilton Harrell Harrison Haskins Herbkersman J. Hines M. Hines Hinson Hiott Hosey Huggins Jefferson Jennings Kennedy Kirsh Leach Lee Limehouse Littlejohn Loftis Lucas Mack Mahaffey Martin McCraw McGee McLeod Merrill Moody-Lawrence J. H. Neal J. M. Neal Neilson Norman Ott Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Rhoad Rice Rutherford Sandifer Scarborough Scott Sinclair Skelton D. C. Smith G. M. Smith J. E. Smith W. D. Smith Stewart Talley Taylor Thompson Toole Townsend Umphlett Vaughn Vick Viers Walker Weeks Whipper White Whitmire Wilkins Young
So, the Veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
The Veto on the following Act was taken up:
R. 356, H. 3409 (Word version) -- Reps. Clemmons, Altman, Bailey, Chellis, Clark, Edge, Keegan, Lloyd, Mahaffey, M.A. Pitts, Viers, Martin and Miller: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-35-175 SO AS TO PROVIDE A PROCESS FOR ESTABLISHING FIREWORKS PROHIBITED ZONES WITHIN COUNTIES AND MUNICIPALITIES; AND TO AMEND SECTION 15-78-60, RELATING TO EXCEPTIONS TO THE WAIVER OF IMMUNITY UNDER THE SOUTH CAROLINA TORT CLAIMS ACT, SO AS TO EXEMPT LOCAL GOVERNING BODIES FROM LIABILITY FOR LOSS FROM GRANTING OR DENYING AN APPLICATION FOR EXTENDING A FIREWORKS PROHIBITED ZONE.
Rep. CLEMMONS explained the Veto.
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Altman Anderson Bailey Bales Ballentine Barfield Battle Bingham Bowers Brady Branham Breeland J. Brown R. Brown Ceips Chalk Chellis Clark Clemmons Clyburn Coates Cobb-Hunter Coleman Cotty Dantzler Davenport Delleney Duncan Edge Emory Frye Funderburk Haley Hardwick Harrell Harrison Hayes Herbkersman J. Hines M. Hines Hinson Hiott Hosey Howard Huggins Jefferson Jennings Kennedy Leach Loftis Mack Mahaffey Martin McGee McLeod Merrill Miller J. H. Neal J. M. Neal Neilson Ott Parks Pinson E. H. Pitts M. A. Pitts Rhoad Rivers Sandifer Sinclair J. E. Smith J. R. Smith Taylor Toole Townsend Tripp Umphlett Vaughn Vick Viers Whipper Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Agnew Anthony Hagood Hamilton Kirsh Limehouse Lucas McCraw Moody-Lawrence Norman Owens Perry Phillips Rice Scarborough Skelton D. C. Smith G. M. Smith G. R. Smith Stewart Talley Thompson Walker Weeks White
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The Veto on the following Act was taken up:
R. 407, H. 3552 (Word version) -- Reps. Lourie, J.E. Smith, Rivers, Hosey, Altman, Anthony, Dantzler, J. Hines, McCraw, Moody-Lawrence, Richardson, Scarborough and Umphlett: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-1-45 SO AS TO PROVIDE THAT A DEPARTMENT OF SOCIAL SERVICES EMPLOYEE OR AN ADULT PROTECTIVE SERVICES EMPLOYEE SHALL REPORT KNOWN OR SUSPECTED INSTANCES OF ANIMAL CRUELTY, FIGHTING, OR BAITING, TO PROVIDE FOR IMMUNITY FROM LIABILITY FOR REPORTING PURSUANT TO THIS SECTION, TO PROVIDE THAT ANY VETERINARIAN OR OTHER PERSON SHALL REPORT SUSPECTED ANIMAL CRUELTY, FIGHTING, OR BAITING, AND TO PROVIDE FOR IMMUNITY FROM CIVIL AND CRIMINAL LIABILITY FOR REPORTING PURSUANT TO THIS SECTION; TO AMEND SECTION 20-7-510, AS AMENDED, RELATING TO PERSONS REQUIRED OR PERMITTED TO REPORT CHILD ABUSE OR NEGLECT, SO AS TO INCLUDE AN OFFICER OR AGENT OF THE SOUTH CAROLINA SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS OR OF A SOCIETY INCORPORATED FOR THE PREVENTION OF CRUELTY TO ANIMALS AND AN ANIMAL CONTROL OFFICER WITHIN THE SECTION AND MAKE A TECHNICAL CORRECTION; TO AMEND SECTION 43-35-25, RELATING TO PERSONS REQUIRED TO REPORT ABUSE, NEGLECT, OR EXPLOITATION OF VULNERABLE ADULTS, SO AS TO INCLUDE AN OFFICER OR AGENT OF THE SOUTH CAROLINA SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS OR OF A SOCIETY INCORPORATED FOR THE PREVENTION OF CRUELTY TO ANIMALS OR AN ANIMAL CONTROL OFFICER WITHIN THE SECTION; BY ADDING SECTION 43-1-85 SO AS TO PROVIDE PENALTIES FOR VIOLATION OF STATUTES OR REGULATIONS PERTAINING TO PROGRAMS THAT THE DEPARTMENT OF SOCIAL SERVICES REGULATES, TO PROVIDE THAT THE DEPARTMENT SHALL PROMULGATE REGULATIONS REGARDING PENALTIES, TO PROVIDE FOR JUDICIAL REVIEW OF THE FINAL AGENCY DECISION CONCERNING A PENALTY; AND BY ADDING SECTION 20-7-2255 SO AS TO PROVIDE THAT STANDARD LICENSES FOR RESIDENTIAL GROUP HOMES AND CHILD CARING INSTITUTIONS ARE EFFECTIVE FOR TWO YEARS FROM THE DATE OF ISSUANCE UNLESS REVOKED OR TERMINATED BEFORE THE EXPIRATION DATE.
Rep. ALTMAN explained the Veto.
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Agnew Altman Anderson Anthony Bingham Bowers Branham Breeland G. Brown Ceips Chellis Coates Dantzler Davenport Edge Emory Funderburk Haley Harrell Hayes Herbkersman J. Hines M. Hines Hosey Howard Huggins Jefferson Limehouse Littlejohn Lucas Mack McCraw McGee McLeod J. H. Neal J. M. Neal Ott Parks Phillips E. H. Pitts Rhoad Rice Scott J. E. Smith Toole Viers Whipper Whitmire Young
Those who voted in the negative are:
Allen Bales Ballentine Barfield Battle Brady J. Brown Chalk Clark Clemmons Clyburn Coleman Cotty Delleney Duncan Frye Hagood Hamilton Hardwick Harrison Haskins Hinson Hiott Kennedy Kirsh Leach Loftis Mahaffey Martin Merrill Miller Moody-Lawrence Neilson Norman Owens Perry Pinson M. A. Pitts Rivers Sandifer Scarborough Sinclair Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith Stewart Talley Taylor Thompson Townsend Tripp Umphlett Vaughn Vick Walker Weeks White Wilkins Witherspoon
So, the Veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
The Veto on the following Act was taken up:
R. 413, H. 3891 (Word version) -- Reps. Quinn, Herbkersman, Altman, Anthony, Bailey, Bingham, G. Brown, J. Brown, Cato, Clemmons, Cobb-Hunter, Duncan, Edge, Gilham, Harrison, Harvin, Haskins, Hayes, J. Hines, Lee, Littlejohn, Lucas, Mahaffey, McGee, Merrill, Parks, M.A. Pitts, Scarborough, F.N. Smith, J.E. Smith, Talley, Toole, Umphlett, Viers, Young and Pinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 6 TO CHAPTER 47, TITLE 40 SO AS TO ENACT THE "ACUPUNCTURE ACT OF SOUTH CAROLINA" TO ESTABLISH THE ACUPUNCTURE ADVISORY COMMITTEE TO BE APPOINTED BY THE BOARD OF MEDICAL EXAMINERS AND TO PROVIDE FOR ITS POWERS AND DUTIES; TO ESTABLISH REQUIREMENTS FOR LICENSURE AND LICENSURE RENEWAL AS AN ACUPUNCTURIST, AN AURICULAR THERAPIST, AND AN AURICULAR DETOXIFICATION THERAPIST AND TO ESTABLISH LICENSURE AND RENEWAL FEES; TO AUTHORIZE TEMPORARY LICENSURE OF CERTAIN INDIVIDUALS CURRENTLY PRACTICING UNTIL AN INDIVIDUAL SATISFIES THE LICENSURE REQUIREMENTS OF THIS ARTICLE; TO ESTABLISH CRITERIA FOR THE LICENSURE OF OTHER ACUPUNCTURISTS CURRENTLY PRACTICING; TO PROHIBIT PRACTICING AS AN ACUPUNCTURIST, AN AURICULAR THERAPIST, OR AN AURICULAR DETOXIFICATION THERAPIST WITHOUT BEING LICENSED AND TO PROVIDE PENALTIES; TO FURTHER PROVIDE FOR THE REGULATION OF THESE PROFESSIONALS; TO REPEAL SECTIONS 40-47-70 AND 40-47-75 RELATING TO AUTHORIZATION FOR THE PRACTICE OF ACUPUNCTURE; TO AMEND TITLE 44, RELATING TO HEALTH BY ADDING CHAPTER 132 SO AS TO ESTABLISH PROCEDURES AND REQUIREMENTS FOR THE DIRECT SUBMISSION OF CLAIMS FOR ANATOMIC PATHOLOGY SERVICES; AND BY ADDING ARTICLE 10, CHAPTER 47, TITLE 40 SO AS TO PROVIDE FOR THE REGISTERED CARDIOVASCULAR INVASIVE SPECIALISTS ACT, TO DEFINE CERTAIN TERMS, TO PROVIDE THE PROCEDURE A PERSON MUST FOLLOW TO BECOME A REGISTERED CARDIOVASCULAR INVASIVE SPECIALIST, TO PROVIDE THE SERVICES A CARDIOVASCULAR INVASIVE SPECIALIST MAY PERFORM, TO PROVIDE FOR THE DISCIPLINE OF A PERSON WHO HAS BECOME UNFIT TO PRACTICE OR WHO HAS VIOLATED THIS ARTICLE, TO PROVIDE CERTAIN THINGS THAT A CARDIOVASCULAR INVASIVE SPECIALIST MUST DO AND MAY NOT DO, AND TO PROVIDE THAT THE DEPARTMENT OF LABOR, LICENSING AND REGULATION SHALL PROMULGATE REGULATIONS.
Rep. HERBKERSMAN explained the Veto.
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Agnew Allen Altman Anderson Anthony Bailey Bales Ballentine Barfield Battle Bowers Brady Branham Breeland G. Brown J. Brown R. Brown Ceips Chalk Chellis Clark Clemmons Coates Cobb-Hunter Coleman Cotty Dantzler Davenport Duncan Edge Emory Funderburk Haley Hamilton Hardwick Harrell Harrison Harvin Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hiott Hosey Howard Huggins Jefferson Jennings Kennedy Leach Limehouse Loftis Mack Mahaffey Martin McCraw McGee McLeod Merrill Miller Moody-Lawrence J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Rhoad Rice Rivers Sandifer Scott Sinclair Skelton G. R. Smith J. E. Smith J. R. Smith W. D. Smith Stewart Talley Taylor Toole Townsend Tripp Umphlett Vaughn Vick Viers Walker Weeks Whipper White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Bingham Delleney Frye Hagood Kirsh Lucas Norman Scarborough D. C. Smith G. M. Smith Thompson
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The Veto on the following Act was taken up:
R. 362, H. 4481 (Word version) -- Reps. Ceips, Harvin, Altman, G.M. Smith, Vaughn, Weeks, Clark, Walker, Gilham, Duncan, Coates, Stille, Sandifer, Snow, Leach, Loftis, Scarborough, Edge, Cato, Richardson, Herbkersman, Lloyd, J.E. Smith, Lourie, Haskins, Rivers, Umphlett, Wilkins, J. Brown, Keegan, M.A. Pitts, Skelton, Cotty, Young, Bailey, Hinson, Chellis, G. Brown, Mahaffey and Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 79 IN TITLE 2, ENACTING THE SOUTH CAROLINA MILITARY PREPAREDNESS AND ENHANCEMENT ACT SO AS TO ESTABLISH AND PROVIDE FOR THE MEMBERSHIP, POWERS, AND DUTIES OF THE SOUTH CAROLINA MILITARY PREPAREDNESS AND ENHANCEMENT COMMISSION, TO PROVIDE THAT THIS COMMISSION SHALL ACT TO ENHANCE THE VALUE OF MILITARY FACILITIES LOCATED IN THIS STATE AND ASSIST DEFENSE COMMUNITIES WITH SUCH VALUE ENHANCEMENT, TO ESTABLISH THE SOUTH CAROLINA MILITARY VALUE REVOLVING LOAN ACCOUNT TO PROVIDE LOANS TO ASSIST DEFENSE COMMUNITIES TO ENHANCE THE VALUE OF MILITARY FACILITIES, AND TO PROVIDE FOR OTHER METHODS AND INCENTIVES TO ACCOMPLISH THESE PURPOSES.
Rep. CEIPS spoke in favor of the Veto.
Rep. ALTMAN spoke against the Veto.
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Altman Bowers Dantzler Hosey Huggins Jefferson Martin McLeod Miller Moody-Lawrence E. H. Pitts Rice Rivers G. M. Smith Thompson Tripp Viers Weeks White Whitmire
Those who voted in the negative are:
Agnew Allen Anderson Anthony Bailey Bales Ballentine Barfield Battle Bingham Brady Branham Breeland G. Brown R. Brown Ceips Chalk Chellis Clark Clemmons Clyburn Coates Cobb-Hunter Coleman Cotty Davenport Delleney Duncan Edge Emory Frye Funderburk Govan Hagood Haley Hamilton Hardwick Harrell Harrison Harvin Haskins Herbkersman J. Hines M. Hines Hinson Hiott Howard Jennings Kennedy Kirsh Leach Lee Limehouse Littlejohn Loftis Lucas Mack Mahaffey McCraw McGee Merrill J. M. Neal Neilson Norman Ott Owens Parks Perry Phillips Pinson M. A. Pitts Rhoad Scarborough Scott Sinclair Skelton D. C. Smith G. R. Smith J. E. Smith J. R. Smith W. D. Smith Stewart Talley Taylor Toole Townsend Umphlett Vaughn Vick Walker Whipper Wilkins Witherspoon Young
So, the Veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
In the next few months, The Base Realignment and Closure Commission (BRAC) will eliminate twenty-five percent of all military bases. Approximately four hundred installations will be closed - closed forever. Every military installation is subject to closure and the total number of bases to be closed in this round will exceed the number of bases closed in the last three BRAC rounds combined.
South Carolina's military installations have a collective $7 billion a year economic impact and are responsible for 120,000 jobs. Shaw Air Force Base is the largest employer in Sumter County. Charleston Air Force Base is the second largest employer in that county and the third largest payroll in South Carolina. Beaufort's three military installations (Marine Recruit Depot, Marine Corps Air Station, and the Naval Hospital) combined are its largest employer.
South Carolina must develop a proactive statewide strategy to prevent future negative base realignments or closures. H. 4481 - the Military Enhancement Bill -- is a framework to protect our bases not only for this coming BRAC, but for the future of our State.
For that reason, I will address the Governor's Veto Message. First let me state where we are in agreement. H. 4481 established a loan fund for local communities to support military bases. I agree with the Governor that funds need to be appropriated for this legislation.
We cannot escape the responsibility of tomorrow by evading it today. Now let me tell you where I disagree with the Governor's veto. The Governor's Veto Message claims that this bill would "likely have little impact on the BRACC (sic) process because the process is very near completion."
Other states and other governors don't necessarily share this fatalistic outlook. Just one day after Governor Sanford said there was little time left, Governor Mitt Romney of Massachusetts pledged $18 Million to save an Army laboratory and an additional $241 Million to save an Air Force Base. The fact of the matter is that the BRAC process is still ongoing. Military installations are presently in the midst of "data calls." This is the process used by the Department of Defense (DOD) to gather pertinent information relating to base closure or realignment (www.defenselink.mil/brac/).
Therefore, to say that it is too late in the process is just one opinion. Other states and other governors obviously don't share that perspective. Secondly, this bill is not only about the 2005 BRAC, but protecting our military bases and communities for the future.
The Governor's veto relies heavily on his creation, by Executive Order, of a Task Force and Advisory Committee to address base closure, but this is not without precedent (Executive Order 2003-10).
This effort mirrored the Task Force established by Governor Hodges in 2001 (Executive Order 2001-31). The current task force is comprised of over forty members. The design and implementation of the Governor's task force has led to local communities establishing their own groups to address BRAC issues. Presently these local communities are now competing against each other and other states.
It is important that South Carolina speak with a single voice rather than with the confusion of multiple voices. Our defense communities are too important to allow them to be heard as a muddled voice by the BRAC Commission. We owe it to our citizens who reap the seven billion dollar annual economic impact derived from defense related spending;
We owe it to the military personnel who call South Carolina home and we owe it to the thousands of veterans and their dependents living in our State to aggressively protect our bases. The Governor's group is only looking at the 2005 BRAC ; the task force created in this bill would be a permanent group to pro-actively address ongoing military issues. Moreover, an administrative task force does not preclude a legislative enactment to protect our military bases. It is as much our responsibility to safeguard our bases as it is the Governor's.
Again other states and other governors have approached this differently. In Florida, Governor Jeb Bush created his own BRAC task force. The Florida legislature has also established no less than four other military related programs or committees working to save their bases. Florida has committed billions to saving its military installations.
Texas Governor Rick Perry also established his own task force to work on military and BRAC issues. This is in addition to numerous legislative enactments to protect bases in Texas. H. 4481 was in fact modeled after the Texas military enhancement bill.
Lastly, the Governor notes that this bill would "do more harm than good" and form a "commission whose purpose will end soon after it begins." H. 4481, the Military Enhancement Bill is not about today and tomorrow, but about the future. As the Department of Defense continues to restructure our military forces there undoubtedly will be future base closures and realignments.
This bill prepares South Carolina for the future by putting in place a permanent organization to protect and enhance South Carolina's military assets.
We must not be passive simply waiting for bad news to be announced; because once we lose a base it is gone forever. Not only the jobs, but the enormous economic impact military bases have on our State. Defense related spending is steady even in uncertain economic times. The only harm in this process is not doing everything we can to save our bases. Admittedly, there is risk in any course we follow. Sadly, seven months after the Governor received this bill we must now decide who shall speak for South Carolina. The Governor has asked that his task force be that voice for South Carolina.
The Governor is endowed with the right to veto legislation, but he must also accept the responsibility of that action. I would ask that you sustain the Governor's veto and let his voice be the one that the BRAC Commission hears.
Rep. Catherine Ceips
The Veto on the following Act was taken up:
R. 401, H. 3065 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 4-29-67, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEE IN LIEU OF PROPERTY TAX, SO AS TO DELETE THE NET PERCENT VALUE METHOD OF CALCULATING ANNUAL FEE PAYMENTS; TO AMEND SECTION 12-6-2220, RELATING TO ALLOCATION AND APPORTIONMENT FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO PROVIDE FOR THE ALLOCATION OF DIVIDENDS; TO AMEND SECTION 12-6-3365, AS AMENDED, RELATING TO THE CORPORATE INCOME TAX MORATORIUM FOR JOB CREATION, SO AS TO CLARIFY THE APPLICATION OF THE MORATORIUM TO INSURANCE PREMIUM TAXES; TO AMEND SECTION 12-6-3480, RELATING TO TAX CREDITS, SO AS TO FURTHER PROVIDE THE MANNER IN WHICH CREDITS ARE ALLOWED AND MAY BE CLAIMED; TO AMEND SECTIONS 12-6-5020, AS AMENDED, AND 12-6-5030, RELATING TO THE FILING OF CONSOLIDATED CORPORATE INCOME TAX RETURNS AND COMPOSITE INDIVIDUAL INCOME TAX RETURNS, SO AS TO REQUIRE THE DETERMINATION OF CREDITS ON A CONSOLIDATED BASIS AND FURTHER PROVIDE FOR COMPOSITE RETURNS; TO AMEND SECTION 12-8-1520, RELATING TO STATE INCOME TAX WITHHOLDING, SO AS TO PROVIDE ADDITIONAL REQUIREMENTS FOR WITHHOLDING AGENTS; TO AMEND SECTION 12-10-105, RELATING TO ANNUAL FEES FOR JOB DEVELOPMENT CREDITS FOR PURPOSES OF THE ENTERPRISE ZONE ACT OF 1995, SO AS TO EXTEND THESE FEES TO JOB RETRAINING CREDITS IN EXCESS OF TEN THOUSAND DOLLARS AND PROVIDE FOR THE COLLECTION OF THESE FEES; TO AMEND SECTION 12-20-105, AS AMENDED, RELATING TO TAX CREDITS FOR PURPOSES OF THE CORPORATE LICENSE TAX, SO AS TO CLARIFY THE APPLICATION OF THESE CREDITS; TO AMEND SECTION 12-28-740, RELATING TO EXEMPTIONS FROM THE MOTOR FUELS USER FEE, SO AS TO DELETE A REFERENCE TO A CREDIT, BY ADDING SECTION 12-28-1400, SO AS TO REQUIRE SUCH REPORTING AS THE DEPARTMENT OF REVENUE MAY REQUIRE BY REGULATION FOR PURPOSES OF THE USER FEE ON MOTOR FUELS AND PROVIDE AN ADDITIONAL CIVIL PENALTY FOR VIOLATORS; TO AMEND SECTION 12-28-1730, AS AMENDED, RELATING TO PENALTIES FOR PURPOSES OF THE MOTOR FUELS TAX, SO AS TO DELETE A CIVIL PENALTY; TO AMEND SECTION 12-36-2510, RELATING TO THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO PROVIDE FURTHER FOR THE ISSUE OF CERTIFICATES BY THE DEPARTMENT OF REVENUE FOR DIRECT PAY AND EXEMPTIONS AND PROVIDE FOR MORE EFFICIENT ADMINISTRATION OF SALES TAXES AND SALES TAX EXEMPTIONS; TO REPEAL SECTION 12-37-290, RELATING TO AN OBSOLETE HOMESTEAD EXEMPTION PROVISION; TO AMEND SECTION 12-44-50, AS AMENDED, RELATING TO THE "FEE IN LIEU OF TAX SIMPLIFICATION ACT OF 1997", SO AS TO REVISE THE ELIGIBILITY TO USE THE NET PERCENT VALUE METHOD OF CALCULATING THE ANNUAL FEE PAYMENT, TO AMEND SECTIONS 12-54-42 AND 12-54-43, AS AMENDED, RELATING TO THE UNIFORM METHOD OF COLLECTION AND ENFORCEMENT OF STATE LEVIED TAXES, SO AS TO CLARIFY THE APPLICATION OF PENALTIES FOR FAILING TO PROVIDE WITHHOLDING STATEMENTS, AND CLARIFY AND REVISE THE APPLICATION OF CIVIL PENALTIES FOR FILING GROUNDLESS RETURNS OR FOR MISUSE OF A SALES TAX CERTIFICATE; BY ADDING SECTION 12-54-123 SO AS TO PROTECT FROM LIABILITY A PERSON WHO SURRENDERS THE PROPERTY OF ANOTHER LEVIED ON BY THE DEPARTMENT OF REVENUE; TO AMEND SECTIONS 12-54-210 AND 12-54-240, AS AMENDED, RELATING TO THE COLLECTION AND ENFORCEMENT OF STATE TAXES, SO AS TO INCREASE THE PENALTY FOR FAILURE TO KEEP RECORDS, FILE RETURNS, AND COMPLY WITH REGULATIONS, UPDATE REFERENCES RELATING TO THE CONFIDENTIALITY OF RETURNS, AND DELETE AN EXEMPTION TO THE CONFIDENTIALITY REQUIREMENTS FOR RECORDS SUBPOENAED BY A FEDERAL GRAND JURY; TO AMEND SECTIONS 12-60-420 AND 12-60-490, BOTH AS AMENDED, RELATING TO THE REVENUES PROCEDURE ACT, SO AS TO PROVIDE THAT THE APPLICATION OF A DIVISION DECISION OR A DETERMINATION OF DEFICIENCY APPLIES TO LOCAL TAXES ADMINISTERED BY THE DEPARTMENT OF REVENUE AND REQUIRE SUCH NOTICE TO PROVIDE THAT FAILURE TO FILE A PROTEST WILL RESULT IN A DECISION BECOMING FINAL AND TO PROVIDE FURTHER FOR SETOFFS AGAINST TAX REFUNDS; TO AMEND SECTION 61-4-720, AS AMENDED, RELATING TO THE REGULATION OF WINE, SO AS TO REPLACE THE LIMITATION TO DOMESTIC WINE WITH WINE PRODUCED ON THE PREMISES WITH A MAJORITY OF THE JUICE FROM FRUIT OR BERRIES GROWN IN THIS STATE FOR WINE SALES AND TASTINGS AT LICENSED WINERIES IN THIS STATE; BY ADDING SECTION 61-4-725 SO AS TO ALLOW A LICENSED WINERY TO SELL, DELIVER, AND PERMIT ON-PREMISES CONSUMPTION ON SUNDAYS IN JURISDICTIONS WHERE MINIBOTTLE SALES ARE ALLOWED ON SUNDAYS; TO AMEND SECTIONS 61-4-730 AND 61-4-747, RELATING TO REGULATION OF WINE, SO AS TO REPLACE THE REQUIREMENT THAT PERMITTED WINERIES SELL ONLY DOMESTIC WINE WITH WINE PRODUCED ON THE PREMISES WITH A MAJORITY OF THE JUICE FROM FRUIT OR BERRIES GROWN IN THIS STATE IN ORDER TO SELL AND DELIVER WINE IN THIS STATE AND TO REQUIRE OUT-OF-STATE WINE SHIPPERS TO PAY SALES AND EXCISE TAXES ON WINE SHIPPED TO RESIDENTS OF THIS STATE BY JANUARY TWENTIETH OF EACH YEAR FOR THE PRECEDING YEAR, BY ADDING SECTION 12-21-1085, SO AS TO PROVIDE THOSE TAXES ALLOWED ON BEER AND WINE, BY ADDING 61-6-1555, SO AS TO ALLOW AN AIRLINE COMPANY TO PURCHASE BEER, WINE, AND ALCOHOLIC LIQUOR DIRECTLY FROM A LICENSED WHOLESALER, TO PROVIDE THAT THE WHOLESALER MAY SELL AND DELIVER THE BEER, WINE, AND ALCOHOLIC LIQUOR TO AN AIRLINE COMPANY, AND TO PROVIDE A PENALTY IF A PERSON USES BEER, WINE, OR ALCOHOLIC LIQUOR PURCHASED PURSUANT TO THIS SECTION FOR ANOTHER PURPOSE OTHER THAN THE SALE OR USE BY THE AIRLINE COMPANY, TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO REVISE THE DEFINITION OF "NEW JOB", TO AMEND SECTIONS 12-6-40 AND 12-6-50, BOTH AS AMENDED, RELATING TO DEFINITIONS AND CONFORMITY PROVISIONS FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO UPDATE THE REFERENCE DATE BY WHICH THIS STATE ADOPTS VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986 AND CLARIFY THOSE PROVISIONS NOT ADOPTED, TO AMEND TITLE 12 BY ADDING CHAPTER 55 ENACTING THE OVERDUE DEBT COLLECTION ACT AUTHORIZING THE SOUTH CAROLINA DEPARTMENT OF REVENUE TO IMPOSE A COLLECTION ASSISTANCE FEE ON CERTAIN OVERDUE TAX DEBTS EQUAL TO TWENTY PERCENT OF THE OVERDUE AMOUNT AND TO ALLOW THE DEPARTMENT TO RETAIN A PORTION OF THE COLLECTION ASSISTANCE FEE FOR ITS OPERATION, TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO EXEMPT PRESCRIPTIONS AND OVER-THE-COUNTER MEDICINES AND MEDICAL SUPPLIES SOLD TO A FREE CLINIC, BY ADDING SECTION 12-37-223 SO AS TO EXEMPT FROM PROPERTY TAX A SUFFICIENT AMOUNT OF THE FAIR MARKET VALUE OF REAL PROPERTY TO LIMIT TO TWENTY PERCENT INCREASES IN FAIR MARKET VALUE OF SUCH PROPERTY ATTRIBUTABLE TO REASSESSMENT PROGRAMS AND PROVIDE THE MANNER IN WHICH THIS EXEMPTION APPLIES AND ITS DURATION, TO REPEAL SECTION 12-37-223A, RELATING TO A COUNTY OPTION PROPERTY TAX EXEMPTION LIMITING TO FIFTEEN PERCENT INCREASES IN FAIR MARKET VALUE OF REAL PROPERTY AS A RESULT OF REASSESSMENT, BY ADDING SECTION 12-37-130, SO AS TO ESTABLISH A TASK FORCE TO STUDY THE IMPACT OF THIS NEW EXEMPTION ON HOMEOWNERS AND THE REAL ESTATE INDUSTRY, AND TO AMEND SECTION 6-1-320, AS AMENDED, RELATING TO LIMITS ON PROPERTY TAX MILLAGE INCREASES, SO AS TO CLARIFY THE CALCULATION OF THE INCREASED MILLAGE ALLOWED PURSUANT TO INCREASES IN THE CONSUMER PRICE INDEX.
Rep. MILLER spoke against the Veto.
Rep. MILLER continued speaking.
Rep. E. H. PITTS spoke against the Veto.
Rep. RIVERS spoke in favor of the Veto.
Rep. RIVERS continued speaking.
Rep. SKELTON spoke in favor of the Veto.
Rep. BOWERS spoke against the Veto.
Rep. OTT spoke in favor of the Veto.
Rep. HERBKERSMAN spoke against the Veto.
Rep. TOWNSEND spoke in favor of the Veto.
Rep. LIMEHOUSE spoke against the Veto.
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Altman Bailey Bingham Ceips Chalk Chellis Coates Cotty Delleney Edge Hagood Haley Harrell Harvin Herbkersman J. Hines Hinson Howard Huggins Limehouse McCraw McGee Merrill Miller J. H. Neal E. H. Pitts Simrill Stewart Toole Tripp Viers White Wilkins
Those who voted in the negative are:
Agnew Anderson Anthony Bales Ballentine Barfield Battle Bowers Brady Breeland R. Brown Clark Clemmons Clyburn Cobb-Hunter Coleman Cooper Dantzler Davenport Duncan Emory Frye Funderburk Govan Hamilton Hardwick Harrison Haskins Hiott Hosey Jefferson Kennedy Kirsh Leach Littlejohn Loftis Mack Mahaffey Martin McLeod Moody-Lawrence J. M. Neal Norman Ott Owens Parks Perry Phillips Pinson M. A. Pitts Rhoad Rice Rivers Scarborough Scott Sinclair Skelton D. C. Smith G. M. Smith G. R. Smith J. E. Smith J. R. Smith W. D. Smith Talley Taylor Thompson Townsend Umphlett Vaughn Vick Walker Weeks Whipper Whitmire Witherspoon Young
So, the Veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
In order to (1) support the property tax relief bill and (2) call for the override of Governor Sanford's veto of H. 3065, I spoke today asking for passage of Bill H. 3065 to protect the property taxpayers of South Carolina. The bill failed; thus, I voted on the prevailing side in order to preserve the opportunity to ask for reconsideration of the vote. It is clearly my hope that Bill H. 3065 be passed into law.
Accordingly, I moved for reconsideration on this same day, as provided for by the rules.
Rep. Bill Bowers
The following was introduced:
H. 3291 (Word version) -- Rules Committee: A HOUSE RESOLUTION TO AMEND RULE 1.6 OF THE RULES OF THE HOUSE OF REPRESENTATIVES, RELATING TO VOTING BY THE SPEAKER, SO AS TO ALLOW THE SPEAKER, IN HIS DISCRETION, TO ADDRESS THE BODY CONCERNING MATTERS OF IMPORTANCE TO THE HOUSE; TO AMEND RULE 4.2, RELATING TO THE APPOINTMENT OF MEMBERS BY THE SPEAKER TO STANDING COMMITTEES, WITH CERTAIN EXCEPTIONS, SO AS TO DELETE THE REQUIREMENT THAT A VACANCY EXIST ON A COMMITTEE BEFORE THE SPEAKER MAY CHANGE A MEMBER'S COMMITTEE ASSIGNMENT AND PROVIDE THAT AFTER A COMMITTEE HAS BEEN APPOINTED, NO ADDITION TO IT OR CHANGE MAY BE MADE, EXCEPT TO FILL A VACANCY OR TO REMOVE RATHER THAN EXCUSE A MEMBER FOR CONDUCT UNBECOMING A MEMBER; AND TO AMEND RULE 6.1, RELATING TO THE TIME FOR MEETING OF THE HOUSE, SO AS TO CLARIFY THAT A PERFUNCTORY SESSION IS NOT CONSIDERED A STATEWIDE DAY FOR PURPOSES OF CALCULATING THE PROVISION OF RULES 5.10 AND 9.1.
Be it resolved by the House of Representatives:
(1) That Rule 1.6 of the Rules of the House of Representatives is amended to read:
"1.6 The Speaker may vote in all cases (except when he may be personally or pecuniarily interested). If the House be equally divided, the question shall be decided in the negative. The presiding officer may give information or explain any matter before the House; he may speak on points of order in preference to other members, and as often as he may deem necessary, but he shall not enter into any debate or endeavor to influence any question before the House while presiding. Provided, the Speaker, in his discretion, may address the body concerning matters of importance to the House."
(2) That Rule 4.2 of the Rules of the House of Representatives is amended to read:
"4.2 As soon as practicable after the members have been sworn in and have taken their seats, the following Standing Committees, except the House of Representatives Legislative Ethics Committee, and the House of Representatives Committee on Operations and Management, shall be appointed to serve until the next general election with the indicated number of members appointed thereto:
1. Committee on Ways and Means - 25.
2. Committee on the Judiciary (Privileges and Elections) - 25.
3. Committee on Agriculture, Natural Resources and Environmental Affairs (Fish, Game, Forestry, State Parks, Rural Development, Environmental Affairs) - 18.
4. Committee on Education and Public Works (Education, Highways, State House and Grounds, Railroads, Aviation) - 18.
5. Committee on Medical, Military, Public and Municipal Affairs (Medical Affairs, Social Security, Penitentiary, State Hospital, Police Regulations, Military Affairs, Veteran's Affairs) - 18.
6. Committee on Labor, Commerce and Industry (Labor, Commerce and Manufacturing, Banking and Insurance, Merchants and Mercantile Affairs) - 18.
7. Committee on Rules - 15.
8. Committee on Interstate Cooperation (membership limited to 5, under 1976 Code, Sec. 1-17-30) - 5.
9. House of Representatives Legislative Ethics Committee - 6.
10. Committee on Invitations and Memorial Resolutions (Invitations, Resolutions memorializing the Federal or State Government or any official or agency thereof, sympathy, and congratulatory Resolutions) - 5.
11. Committee on Operations and Management of the House of Representatives (Advisory to the Speaker on personnel, administration and management of facilities, including management of the Blatt Building) - 7.
Each member shall serve on one and only one of the first six Standing Committees listed above. However, a member of these Committees may also serve on any one of the following Committees: Committee on Rules, Committee on Interstate Cooperation, Committee on Ethics, Committee on Invitations, or Committee on Operations and Management of the House of Representatives. The Speaker, Speaker Pro Tempore, and Clerk shall serve as ex officio members of the Committee on Operations and Management of the House of Representatives but no chairman of any other standing committee shall serve as a member of such committee.
Provided, that the members of the Committee on Operations and Management of the House of Representatives (advisory to the Speaker on personnel, administration and management of facilities), and the members of the House of Representatives Legislative Ethics Committee, shall be elected by the members of the South Carolina House of Representatives, their terms to be coterminous with their respective term of office.
Provided, that the Committee on Education and Public Works shall be deemed to be the Committee on Education, and the Committee on Medical, Military, Public and Municipal Affairs shall be deemed to be the Committee on Military Affairs and the Committee on Medical Affairs, in all cases where the statutes provide for the Chairman of these committees to perform ex officio duties.
Provided, that the Committee on Operations and Management of the House of Representatives with the consent of the Speaker may formulate such policies as it deems advisable relating to House personnel. Such policies shall be distributed to the members and must be adopted by majority vote of the House by House Resolution.
Provided, that except as herein provided neither the Speaker nor Speaker Pro Tempore shall be a member of any of the foregoing Standing Committees.
No member shall be appointed on a committee before he has been sworn in and has taken his seat. Any member who is sworn in after the general announcement of the committee shall, within a few days afterward, be placed by the Speaker on a Standing Committee whose number of members will not thereby be extended beyond the number provided in these rules.
After a committee has been appointed, no addition to it or change shall be made, except to fill a vacancy or to excuse remove a member for conduct unbecoming a member.
Provided, that in filling a vacancy, the assignment of any member may be changed from another committee to fill such vacancy."
(3) Rule 6.1(b) of the Rules of the House of Representatives is amended to read:
"(b) The Speaker, in his sole discretion, is authorized to call the House of Representatives into statewide session for the exclusive purpose of the introduction and referral of bills and receipt and reading of communications and committee reports and to adjourn immediately thereafter with no roll to be taken. Any such action by the Speaker shall provide the specific date of the statewide session and shall provide that the House of Representatives must convene at 10:00 a.m. and adjourn not later than 10:30 a.m. on these days. Provided, that a statewide session held pursuant to this paragraph shall not be considered in calculating the provisions of Rules 5.10 and 9.1."
Rep. CHELLIS explained the Resolution.
Rep. CHELLIS continued speaking.
Rep. CHELLIS continued speaking.
Reps. OTT and J. E. SMITH proposed the following Amendment No. 1, to the proposed Resolution to amend the House Rules of the House Of Representatives offered by the Rules Committee (Doc Name COUNCIL\DKA\3090DW05), which was tabled:
Amend the House resolution, as and if amended, by adding an appropriately numbered paragraph to read:
/ ( ) That Rule 1.9 of the Rules of the House of Representatives is amended to read:
"1.9 All committees shall be appointed by the Speaker, unless otherwise provided for by law, except Senatorial and Gubernatorial appointees and ex officio members of the House. The Speaker must make appointments to all committees based on the proportional representation that each political party bears to the total membership of the House. The Speaker shall name the members constituting each committee in alphabetical order. The Chairman shall be elected by the respective committees during the organizational session. If any subsequent vacancy shall occur in a committee's chairmanship, the election of a new committee chairman shall take place at the time and date to be set by the presiding officer of the respective committee. The committees may at their discretion elect a Vice-Chairman and such other officers as they may choose." /
Renumber paragraphs to conform.
Amend title to conform.
Rep. OTT explained the amendment.
Rep. CHELLIS moved to table the amendment.
Rep. SCOTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Altman Anthony Bailey Ballentine Barfield Brady Ceips Chalk Chellis Clark Clemmons Coates Coleman Cooper Cotty Dantzler Davenport Delleney Duncan Edge Frye Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Herbkersman J. Hines Hinson Hiott Huggins Kirsh Leach Limehouse Littlejohn Loftis Lucas Mahaffey Martin McGee Merrill Moody-Lawrence Neilson Norman Owens Perry Phillips Pinson E. H. Pitts M. A. Pitts Rhoad Rice Scarborough Sinclair Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Stewart Talley Taylor Thompson Toole Townsend Tripp Umphlett Vaughn Walker White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Agnew Allen Anderson Bales Battle Bowers Branham Breeland R. Brown Cobb-Hunter Emory Funderburk Govan Hayes Hosey Howard Jefferson Jennings Mack McLeod Miller J. H. Neal Ott Parks Rivers Rutherford Scott J. E. Smith Weeks
So, the amendment was tabled.
Rep. JENNINGS proposed the following Amendment No. 2, to the proposed resolution to amend the House Rules of the House of Representatives offered by the Rules Committee (Doc Name COUNCIL\DKA\3092DW05), which was tabled:
Amend the House resolution, as and if amended, by striking paragraph (1) that amends Rule 1.6 and inserting:
/ "(1) That Rule 1.6 of the Rules of the House of Representatives is amended to read:
"1.6 The Speaker may vote in all cases (except when he may be personally or pecuniarily interested). If the House be equally divided, the question shall be decided in the negative. The presiding officer may give information or explain any matter before the House; he may speak on points of order in preference to other members, and as often as he may deem necessary, but he shall not enter into any debate or endeavor to influence any question before the House while presiding. Provided, the Speaker, in his discretion, may address the body concerning matters of importance to the House. If the Speaker addresses the body concerning matter of importance to the House, the minority leader, or his designee, may also make brief remarks to the body on the same matters." /
Renumber paragraphs to conform.
Amend title to conform.
Rep. JENNINGS explained the amendment.
Rep. CHELLIS moved to table the amendment.
Rep. OTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Altman Bailey Ballentine Barfield Brady Ceips Chalk Chellis Clark Clemmons Coates Cooper Cotty Dantzler Davenport Delleney Duncan Edge Frye Hagood Haley Hardwick Harrell Harrison Haskins Herbkersman Hinson Hiott Huggins Kirsh Leach Limehouse Littlejohn Loftis Lucas Mahaffey Martin McGee Merrill Norman Owens Perry Pinson E. H. Pitts M. A. Pitts Rice Sandifer Scarborough Sinclair Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Stewart Talley Taylor Thompson Toole Townsend Tripp Umphlett Vaughn Walker White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Agnew Allen Anderson Anthony Bales Battle Bowers Branham Breeland R. Brown Clyburn Cobb-Hunter Coleman Emory Funderburk Govan Hamilton Hayes J. Hines Hosey Howard Jefferson Jennings Mack McLeod Miller Moody-Lawrence J. H. Neal Neilson Ott Parks Phillips Rhoad Rivers Rutherford Scott J. E. Smith Vick Weeks Whipper
So, the amendment was tabled.
The question then recurred to the adoption of the Resolution.
Rep. SCOTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Altman Anderson Anthony Bailey Bales Ballentine Barfield Battle Bowers Brady Branham Chalk Chellis Clark Clemmons Clyburn Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Duncan Edge Emory Frye Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Hayes Herbkersman J. Hines Hinson Hiott Jennings Kirsh Leach Limehouse Littlejohn Loftis Lucas Mahaffey Martin McLeod Merrill Miller J. M. Neal Neilson Norman Ott Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Rhoad Rice Sandifer Scarborough Sinclair Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Stewart Talley Taylor Thompson Toole Townsend Tripp Umphlett Vaughn Walker White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Allen Breeland R. Brown Funderburk Govan Hosey Howard Jefferson Mack Moody-Lawrence J. H. Neal Rutherford Scott J. E. Smith Vick Weeks Whipper
So, the Resolution was adopted.
Rep. LEACH moved that the House recur to the Morning Hour, which was agreed to.
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 3229 (Word version) -- Reps. Wilkins, W. D. Smith and Merrill: A HOUSE RESOLUTION REQUESTING THE CONGRESS OF THE UNITED STATES TO ABOLISH THE DEATH TAX IMMEDIATELY AND PERMANENTLY.
Ordered for consideration tomorrow.
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 3122 (Word version) -- Rep. Govan: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME A PORTION OF RUSSELL STREET IN ORANGEBURG FOR JAMES E. SULTON, SR., AND INSTALL APPROPRIATE MARKERS OR SIGNS INDICATING THIS DESIGNATION IN HONOR AND RECOGNITION OF MR. SULTON'S SERVICE AND COMMITMENT TO WORKING WITHIN HIS COMMUNITY.
Ordered for consideration tomorrow.
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 3123 (Word version) -- Reps. Clemmons, Viers and Toole: A CONCURRENT RESOLUTION TO ACKNOWLEDGE THE IMPORTANCE OF BEACH MUSIC TO THE CITIZENS OF SOUTH CAROLINA AND THE FUN AND ENTERTAINMENT IT PROVIDES, AND TO PROCLAIM APRIL 13, 2005, AS "BEACH MUSIC DAY" IN SOUTH CAROLINA.
Ordered for consideration tomorrow.
On motion of Rep. CHELLIS, with unanimous consent, the following was taken up for immediate consideration:
H. 3292 (Word version) -- Rep. Wilkins: A CONCURRENT RESOLUTION INVITING HIS EXCELLENCY, MARSHALL CLEMENT (MARK) SANFORD, JR., GOVERNOR OF THE STATE OF SOUTH CAROLINA, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 7:00 P.M. ON WEDNESDAY, JANUARY 26, 2005, IN THE CHAMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES.
Be it resolved by the House of Representatives, the Senate concurring:
That His Excellency, Marshall Clement (Mark) Sanford, Jr., Governor of the State of South Carolina, is invited to address the General Assembly in joint session at 7:00 p.m. on Wednesday, January 26, 2005, in the Chamber of the South Carolina House of Representatives.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. LEACH, with unanimous consent, the following was taken up for immediate consideration:
H. 3293 (Word version) -- Rep. Leach: A CONCURRENT RESOLUTION TO INVITE THE NATIONAL COMMANDER OF THE AMERICAN LEGION, THE HONORABLE THOMAS CADMUS, TO ADDRESS THE SOUTH CAROLINA GENERAL ASSEMBLY IN JOINT SESSION IN THE CHAMBER OF THE HOUSE OF REPRESENTATIVES AT 12:30 P.M. ON TUESDAY, FEBRUARY 22, 2005.
Be it resolved by the House of Representatives, the Senate concurring:
That the National Commander of the American Legion, the Honorable Thomas Cadmus, is invited to address the South Carolina General Assembly in joint session in the Chamber of the House of Representatives at 12:30 p.m. on Tuesday, February 22, 2005.
Be it further resolved that a copy of this resolution be forwarded to the Honorable Thomas Cadmus.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3294 (Word version) -- Reps. Kennedy and Harvin: A CONCURRENT RESOLUTION TO EXPRESS THE SINCERE SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF VERETTA JOHNSON SABB, PHD. OF GREELEYVILLE ON NOVEMBER 25, 2004, AND TO CONVEY THEIR DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3295 (Word version) -- Reps. Taylor, Duncan and M. A. Pitts: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE WALKWAY THAT EXTENDS FROM THE E. B. MORSE ELEMENTARY SCHOOL CAMPUS TO THE JOE R. ADAIR OUTDOOR EDUCATION CENTER THE "JOE R. ADAIR MEMORIAL WALKWAY" AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THIS WALKWAY CONTAINING THE WORDS "JOE R. ADAIR MEMORIAL WALKWAY".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3296 (Word version) -- Reps. Harrell, Wilkins, Leach, Lucas, Bales, G. R. Smith, J. R. Smith, Vaughn, Battle, Cobb-Hunter, Neilson, Clark, Skelton, Kirsh, Moody-Lawrence, Rice, Harrison, Haley, Harvin, Young, Cotty, Mack, J. E. Smith, Taylor, Clemmons, Tripp, Chalk, R. Brown, Breeland, Limehouse, Altman, Bailey, Ballentine, Barfield, Bingham, Ceips, Chellis, Dantzler, Delleney, Duncan, Frye, Hagood, Hardwick, Herbkersman, Hinson, Huggins, Jennings, Littlejohn, Martin, McGee, Norman, Ott, Perry, E. H. Pitts, Sandifer, Scarborough, Sinclair, D. C. Smith, Stewart, Toole, Townsend, Umphlett, Walker and Witherspoon: A BILL TO AMEND SECTION 12-28-1555, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST THE USE OF DYED MOTOR VEHICLE FUELS UNDER CERTAIN CIRCUMSTANCES, AND PENALTIES ASSOCIATED WITH VIOLATIONS OF THIS SECTION, SO AS TO PROVIDE THAT ALL FINES IMPOSED PURSUANT TO THIS SECTION MUST BE PLACED IN THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND; TO AMEND SECTION 12-28-2355, AS AMENDED, RELATING TO BOTH THE INSPECTION FEE AND THE ENVIRONMENTAL IMPACT FEE CHARGED ON PETROLEUM PRODUCTS, SO AS TO PROVIDE THAT AFTER JUNE 30, 2005, ALL FEES COLLECTED PURSUANT TO THE PROVISIONS CONTAINED IN THIS SECTION MUST BE PLACED IN THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND; TO AMEND SECTION 12-28-2720, AS AMENDED, RELATING TO THE DISTRIBUTION OF THE GASOLINE USER FEE, SO AS TO PROVIDE THAT THE FEE MUST BE PLACED IN THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND INSTEAD OF BEING TURNED OVER TO THE DEPARTMENT OF TRANSPORTATION; TO AMEND SECTION 12-28-910, AS AMENDED, RELATING TO THE FUNDING AND FUNCTIONS OF THE SOUTH CAROLINA COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, SO AS TO PROVIDE THAT ITS FUNDING PROVIDED FROM A PORTION OF THE GASOLINE USER FEE SHALL BE ELIMINATED OVER A FIVE-YEAR PERIOD; TO AMEND SECTION 56-1-50, AS AMENDED, RELATING TO THE ISSUANCE OF A BEGINNERS PERMIT, SO AS TO PROVIDE THAT THE FEES COLLECTED FROM THE ISSUANCE OF A BEGINNERS PERMIT MUST BE TRANSFERRED FROM THE GENERAL FUND OF THE STATE TO THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND OVER A FIVE-YEAR PERIOD; TO AMEND SECTION 56-1-140, AS AMENDED, RELATING TO THE ISSUANCE OF A DRIVER'S LICENSE, SO AS TO PROVIDE THAT THE FEES COLLECTED PURSUANT TO THE ISSUANCE OF A DRIVER'S LICENSE MUST BE TRANSFERRED FROM THE GENERAL FUND OF THE STATE TO THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND OVER A FIVE-YEAR PERIOD; TO AMEND SECTION 56-1-200, AS AMENDED, RELATING TO OBTAINING A DUPLICATE OF A LOST OR DESTROYED DRIVER'S LICENSE, SO AS TO PROVIDE THAT THE FEES COLLECTED PURSUANT TO THE ISSUANCE OF A DUPLICATE DRIVER'S LICENSE MUST BE TRANSFERRED FROM THE GENERAL FUND OF THE STATE TO THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND OVER A FIVE-YEAR PERIOD; TO AMEND SECTION 56-1-390, AS AMENDED, RELATING TO THE FEE CHARGED FOR THE REINSTATEMENT OF A DRIVER'S LICENSE, SO AS TO PROVIDE THAT THESE FEES MUST BE TRANSFERRED FROM THE GENERAL FUND OF THE STATE TO THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND OVER A FIVE-YEAR PERIOD; TO AMEND SECTION 56-1-740, AS AMENDED, RELATING TO THE SUSPENSION OF A DRIVER'S LICENSE AND THE ISSUANCE OF A SPECIAL RESTRICTED DRIVER'S LICENSE, SO AS TO PROVIDE THAT THE FEES COLLECTED FROM THE ISSUANCE OF SPECIAL RESTRICTED DRIVER'S LICENSES MUST BE TRANSFERRED FROM THE GENERAL FUND OF THE STATE TO THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND OVER A FIVE-YEAR PERIOD; TO AMEND SECTION 56-1-2090, RELATING TO THE ISSUANCE OF A COMMERCIAL DRIVER LICENSE, SO AS TO PROVIDE THAT THE FEES COLLECTED FROM THE ISSUANCE OF COMMERCIAL DRIVER LICENSES MUST BE TRANSFERRED FROM THE GENERAL FUND OF THE STATE TO THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND OVER A FIVE-YEAR PERIOD; TO AMEND SECTION 56-1-3350, AS AMENDED, RELATING TO THE ISSUANCE OF SPECIAL IDENTIFICATION CARDS, SO AS TO PROVIDE THAT THE FEES COLLECTED FROM THE ISSUANCE OF SPECIAL IDENTIFICATION CARDS MUST BE TRANSFERRED FROM THE GENERAL FUND OF THE STATE TO THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND OVER A FIVE-YEAR PERIOD; TO AMEND SECTION 56-3-910, AS AMENDED, RELATING TO THE DISPOSITION OF CERTAIN MOTOR VEHICLE REGISTRATION AND LICENSING FEES, SO AS TO PROVIDE THAT THESE FEES MUST BE TRANSFERRED FROM THE GENERAL FUND OF THE STATE TO THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND; TO AMEND SECTION 57-11-20, AS AMENDED, RELATING TO REVENUES RECEIVED BY THE DEPARTMENT OF TRANSPORTATION FOR ITS OPERATION, SO AS TO PROVIDE THAT THESE FUNDS MUST BE PLACED IN EITHER THE "STATE HIGHWAY FUND" OR THE "STATE NON-FEDERAL AID HIGHWAY FUND"; AND TO PROVIDE A DECLINING SCHEDULE OF PAYMENTS FOR THE DEPARTMENT OF TRANSPORTATION'S COST OF ADMINISTRATION.
Referred to Committee on Ways and Means
H. 3297 (Word version) -- Rep. Harrell: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM SALES TAX, INCLUDING PRESCRIPTION MEDICATIONS, SO AS TO ALSO INCLUDE IN THIS EXEMPTION, PRESCRIPTIONS FOR THE TREATMENT OF RHEUMATOID ARTHRITIS.
Referred to Committee on Ways and Means
H. 3298 (Word version) -- Rep. W. D. Smith: A BILL TO AMEND SECTION 17-23-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WAIVER OF PRESENTMENT BY THE GRAND JURY, SO AS TO ALLOW THE DEFENDANT TO REQUEST THAT THE PRESIDING JUDGE ENTER ON THE RECORD HIS WAIVER OF THE PRESENTMENT TO THE GRAND JURY AT THE TIME OF HIS PLEA OF GUILTY.
Referred to Committee on Judiciary
H. 3299 (Word version) -- Rep. Ceips: A BILL TO AMEND CHAPTER 23, TITLE 57 OF THE 1976 CODE OF LAWS, BY ADDING ARTICLE 4 SO AS TO ESTABLISH THE "OLD SHELDON CHURCH ROAD SCENIC BYWAY".
Referred to Committee on Education and Public Works
H. 3300 (Word version) -- Reps. Vick, Bales, Funderburk, Hayes, Hosey, Jennings, Lucas, Neilson and J. E. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 51-3-55 SO AS TO PROVIDE THAT ANY GOLF COURSE AND RELATED FACILITIES OPERATED AS PART OF THE STATE PARK SYSTEM BY THE DEPARTMENT OF PARKS, RECREATION AND TOURISM AT WHICH THE FEES AND CHARGES PAID BY MEMBERS OF THE GENERAL PUBLIC FOR THE PREVIOUS YEAR AT THE FACILITY AT LEAST EQUAL THE COST OF OPERATION OF GOLF COURSE AND FACILITIES FOR THE PREVIOUS YEAR MUST BE OPERATED BY EMPLOYEES OF THE DEPARTMENT AND NOT BY THIRD PARTY PRIVATE CONTRACTORS, AND TO DEFINE "COST OF OPERATION" FOR THIS PURPOSE.
Referred to Committee on Ways and Means
H. 3301 (Word version) -- Reps. Vaughn, Cotty, Leach, Clyburn, Whipper, Pinson, Phillips, E. H. Pitts, Davenport, Chellis, Tripp, Townsend, Harrison, Viers, Haskins, Frye, Hamilton, Hardwick, Herbkersman, Loftis, M. A. Pitts, Sandifer, Sinclair, D. C. Smith, J. R. Smith, Stewart, Toole and Witherspoon: A BILL TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FIFTY THOUSAND DOLLAR HOMESTEAD EXEMPTION FOR THE PERSON OVER SIXTY-FIVE YEARS OF AGE AND DISABLED PERSONS, SO AS TO INDEX THE EXEMPTION AMOUNT TO INFLATION IN THE SAME MANNER AND BY THE SAME PERCENTAGE THAT FEDERAL INCOME TAX BRACKETS ARE ADJUSTED TO REFLECT INCREASES IN THE CONSUMER PRICE INDEX.
Referred to Committee on Ways and Means
H. 3302 (Word version) -- Reps. Vaughn, Cotty, Chellis, Leach, Davenport, G. R. Smith, Haskins, Loftis, E. H. Pitts, Phillips, Edge, Hamilton, Herbkersman, McGee, Sandifer, J. R. Smith, Toole, Townsend, Tripp and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-275, SO AS TO REPLACE CALCULATION AND IMPOSITION OF A ROLLBACK PROPERTY TAX MILLAGE RATE FOR YEARS OF IMPLEMENTATION OF A COUNTYWIDE ASSESSMENT AND EQUALIZATION WITH A MILLAGE RATE CALCULATED TO PRODUCE NO MORE THAN ONE PERCENT ADDITIONAL PROPERTY TAX REVENUE, INCLUDING AN ALLOWANCE FOR REVENUE GROWTH, ABOVE SUCH REVENUE IN THE PRECEDING YEAR AND TO INCLUDE DEBT SERVICE AND OTHER CAPITAL PROJECTS FINANCING COSTS IN THIS LIMIT; TO AMEND SECTION 6-1-320, AS AMENDED, RELATING TO MILLAGE RATE LIMITATIONS ON LOCAL GOVERNING BODIES, SO AS TO DELETE AUTHORIZATION FOR MILLAGE RATE INCREASES EQUAL TO INCREASES IN THE CONSUMER PRICE INDEX WITHOUT A POSITIVE MAJORITY VOTE OF THE GOVERNING BODY; AND TO AMEND SECTION 12-37-251, AS AMENDED, RELATING TO THE RESIDENTIAL PROPERTY TAX EXEMPTION FROM SCHOOL OPERATING MILLAGE AND CALCULATION OF THE ROLLBACK TAX SO AS TO DELETE THE ROLLBACK TAX PROVISIONS MADE OBSOLETE BY THE PROVISIONS OF THIS ACT.
Referred to Committee on Ways and Means
H. 3303 (Word version) -- Rep. Talley: A BILL TO AMEND SECTION 40-11-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL CONTRACTOR LICENSE CLASSIFICATIONS AND SUBCLASSIFICATIONS, SO AS TO ADD RANGE HOOD INSTALLATION, REPLACEMENT, ALTERATION, AND REPAIR AS A SUBCLASSIFICATION UNDER MECHANICAL CONTRACTORS.
Referred to Committee on Labor, Commerce and Industry
H. 3304 (Word version) -- Reps. Witherspoon, Wilkins, Harrell, Jennings, Battle, Cotty, Cato, Barfield, Hosey, Allen, Altman, Anderson, Bales, Bowers, Brady, Branham, G. Brown, J. Brown, Chalk, Chellis, Clemmons, Clyburn, Coates, Dantzler, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Hardwick, Harrison, Harvin, Hayes, J. Hines, M. Hines, Kennedy, Kirsh, Lee, Littlejohn, Loftis, McCraw, McGee, McLeod, Merrill, Miller, J. M. Neal, Neilson, Ott, Phillips, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, J. R. Smith, Taylor, Umphlett, Vick, Viers and Young: A BILL TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 48 SO AS TO PROVIDE FOR FURTHER ENFORCEMENT OF THE TOBACCO ESCROW FUND ACT, INCLUDING BOTH CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS, TO AMEND SECTION 11-47-30, RELATING TO THE REQUIREMENT FOR A TOBACCO PRODUCT MANUFACTURER TO EITHER PARTICIPATE IN THE MASTER SETTLEMENT AGREEMENT OR DEPOSIT MONIES INTO A QUALIFIED ESCROW FUND, SO AS TO PROVIDE THAT ESCROW PAYMENTS REQUIRED OF A NONPARTICIPATING TOBACCO PRODUCTS MANUFACTURER AND ANY REFUND OF AN ESCROW OVERPAYMENT BY SUCH A MANUFACTURER ARE BASED ON UNITS SOLD IN THIS STATE COMPARED WITH MASTER SETTLEMENT AGREEMENT PAYMENTS RATHER THAN AN ALLOCABLE SHARE, TO AMEND SECTIONS 11-49-60 AND 11-49-150, RELATING TO THE POWERS OF THE BOARD OF THE TOBACCO SETTLEMENT REVENUE MANAGEMENT AUTHORITY ACT AND THE CONSENT TO AND APPROVED BY THE GENERAL ASSEMBLY TO THE TOBACCO MASTER SETTLEMENT AGREEMENT, SO AS TO DELETE THE REQUIREMENT THAT THE GENERAL ASSEMBLY APPROVE ANY AMENDMENT TO THE AGREEMENT BEFORE THE BOARD MAY APPROVE SUCH AN AMENDMENT AND TO ALLOW THE BOARD OF THE AUTHORITY TO APPROVE SUCH AMENDMENTS ON BEHALF OF THE STATE IF SUCH AMENDMENTS DO NOT DIMINISH THE RIGHTS AND REMEDIES OF THE AUTHORITY AND BONDHOLDERS.
Referred to Committee on Ways and Means
H. 3305 (Word version) -- Reps. J. E. Smith, Bales, Scott, Rutherford, Cotty, Ballentine, Bingham, Brady, J. Brown, Haley, Harrison, Hayes, J. Hines, Howard, Jennings, J. H. Neal, Neilson and Toole: A BILL TO AMEND SECTION 12-45-75, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTALLMENT PAYMENTS OF REAL PROPERTY TAXES, SO AS TO AUTHORIZE MONTHLY INSTALLMENTS.
Referred to Committee on Ways and Means
H. 3306 (Word version) -- Reps. Toole, E. H. Pitts, Huggins, Pinson, Barfield, Phillips, Viers, Hosey, Vick, J. Hines, Leach, M. Hines, Bailey, Chalk, Chellis, Frye, Hamilton, Hardwick, Limehouse, Norman, Ott, Rivers, D. C. Smith, G. R. Smith and J. R. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-210 SO AS TO PROVIDE THAT RELIGIOUS REFERENCES TO GOD, A DEITY, OR A HIGHER POWER OF ANY DENOMINATION OR RELIGION MAY BE USED IN APPROVED DISPLAYS, MONUMENTS, PLAQUES, OR SIMILAR FIXTURES IN STATE OR LOCAL PUBLIC AREAS, BUILDINGS, OR PLACES.
Referred to Committee on Judiciary
H. 3307 (Word version) -- Reps. Edge and Jennings: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-75-45 SO AS TO CREATE A CAUSE OF ACTION FOR THEFT OF HEALTH CARE SERVICES WHEN A PERSON SECURES PERFORMANCE OF SUCH SERVICES, HAS RECEIVED INSURANCE PROCEEDS OR THIRD PARTY PAYMENT TO PAY FOR SUCH SERVICES, AND WITHIN NINETY DAYS OF RECEIVING PROPER NOTICE HAS NOT REMITTED THE PAYMENT TO THE HEALTH CARE PROVIDER; TO ESTABLISH NOTICE REQUIREMENTS, A SCHEDULE OF DAMAGES, INCLUDING ACTUAL DAMAGES AND A PERCENTAGE OF THE ACTUAL DAMAGES, AND DEFENSES TO THIS CAUSE OF ACTION.
Referred to Committee on Judiciary
H. 3308 (Word version) -- Rep. Edge: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15, CHAPTER 53, TITLE 44 SO AS TO ENACT THE SOUTH CAROLINA PRESCRIPTION MONITORING ACT AUTHORIZING THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, BUREAU OF DRUG CONTROL TO ESTABLISH A PROGRAM TO MONITOR THE PRESCRIBING AND DISPENSING OF SCHEDULE II-V CONTROLLED SUBSTANCES AND TO PROVIDE THE MANNER AND PROCEDURES UNDER WHICH DISPENSERS ARE TO PROVIDE SUCH INFORMATION, TO PROVIDE FOR THE USE AND CONFIDENTIALITY OF THIS INFORMATION, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Referred to Committee on Medical, Military, Public and Municipal Affairs
Rep. BOWERS moved to reconsider the vote whereby the Veto on the following Act was sustained:
R. 401, H. 3065 (Word version) -- Rep. Kirsh: AN ACT TO AMEND SECTION 4-29-67, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEE IN LIEU OF PROPERTY TAX, SO AS TO DELETE THE NET PERCENT VALUE METHOD OF CALCULATING ANNUAL FEE PAYMENTS; TO AMEND SECTION 12-6-2220, RELATING TO ALLOCATION AND APPORTIONMENT FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO PROVIDE FOR THE ALLOCATION OF DIVIDENDS; TO AMEND SECTION 12-6-3365, AS AMENDED, RELATING TO THE CORPORATE INCOME TAX MORATORIUM FOR JOB CREATION, SO AS TO CLARIFY THE APPLICATION OF THE MORATORIUM TO INSURANCE PREMIUM TAXES; TO AMEND SECTION 12-6-3480, RELATING TO TAX CREDITS, SO AS TO FURTHER PROVIDE THE MANNER IN WHICH CREDITS ARE ALLOWED AND MAY BE CLAIMED; TO AMEND SECTIONS 12-6-5020, AS AMENDED, AND 12-6-5030, RELATING TO THE FILING OF CONSOLIDATED CORPORATE INCOME TAX RETURNS AND COMPOSITE INDIVIDUAL INCOME TAX RETURNS, SO AS TO REQUIRE THE DETERMINATION OF CREDITS ON A CONSOLIDATED BASIS AND FURTHER PROVIDE FOR COMPOSITE RETURNS; TO AMEND SECTION 12-8-1520, RELATING TO STATE INCOME TAX WITHHOLDING, SO AS TO PROVIDE ADDITIONAL REQUIREMENTS FOR WITHHOLDING AGENTS; TO AMEND SECTION 12-10-105, RELATING TO ANNUAL FEES FOR JOB DEVELOPMENT CREDITS FOR PURPOSES OF THE ENTERPRISE ZONE ACT OF 1995, SO AS TO EXTEND THESE FEES TO JOB RETRAINING CREDITS IN EXCESS OF TEN THOUSAND DOLLARS AND PROVIDE FOR THE COLLECTION OF THESE FEES; TO AMEND SECTION 12-20-105, AS AMENDED, RELATING TO TAX CREDITS FOR PURPOSES OF THE CORPORATE LICENSE TAX, SO AS TO CLARIFY THE APPLICATION OF THESE CREDITS; TO AMEND SECTION 12-28-740, RELATING TO EXEMPTIONS FROM THE MOTOR FUELS USER FEE, SO AS TO DELETE A REFERENCE TO A CREDIT, BY ADDING SECTION 12-28-1400, SO AS TO REQUIRE SUCH REPORTING AS THE DEPARTMENT OF REVENUE MAY REQUIRE BY REGULATION FOR PURPOSES OF THE USER FEE ON MOTOR FUELS AND PROVIDE AN ADDITIONAL CIVIL PENALTY FOR VIOLATORS; TO AMEND SECTION 12-28-1730, AS AMENDED, RELATING TO PENALTIES FOR PURPOSES OF THE MOTOR FUELS TAX, SO AS TO DELETE A CIVIL PENALTY; TO AMEND SECTION 12-36-2510, RELATING TO THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO PROVIDE FURTHER FOR THE ISSUE OF CERTIFICATES BY THE DEPARTMENT OF REVENUE FOR DIRECT PAY AND EXEMPTIONS AND PROVIDE FOR MORE EFFICIENT ADMINISTRATION OF SALES TAXES AND SALES TAX EXEMPTIONS; TO REPEAL SECTION 12-37-290, RELATING TO AN OBSOLETE HOMESTEAD EXEMPTION PROVISION; TO AMEND SECTION 12-44-50, AS AMENDED, RELATING TO THE "FEE IN LIEU OF TAX SIMPLIFICATION ACT OF 1997", SO AS TO REVISE THE ELIGIBILITY TO USE THE NET PERCENT VALUE METHOD OF CALCULATING THE ANNUAL FEE PAYMENT, TO AMEND SECTIONS 12-54-42 AND 12-54-43, AS AMENDED, RELATING TO THE UNIFORM METHOD OF COLLECTION AND ENFORCEMENT OF STATE LEVIED TAXES, SO AS TO CLARIFY THE APPLICATION OF PENALTIES FOR FAILING TO PROVIDE WITHHOLDING STATEMENTS, AND CLARIFY AND REVISE THE APPLICATION OF CIVIL PENALTIES FOR FILING GROUNDLESS RETURNS OR FOR MISUSE OF A SALES TAX CERTIFICATE; BY ADDING SECTION 12-54-123 SO AS TO PROTECT FROM LIABILITY A PERSON WHO SURRENDERS THE PROPERTY OF ANOTHER LEVIED ON BY THE DEPARTMENT OF REVENUE; TO AMEND SECTIONS 12-54-210 AND 12-54-240, AS AMENDED, RELATING TO THE COLLECTION AND ENFORCEMENT OF STATE TAXES, SO AS TO INCREASE THE PENALTY FOR FAILURE TO KEEP RECORDS, FILE RETURNS, AND COMPLY WITH REGULATIONS, UPDATE REFERENCES RELATING TO THE CONFIDENTIALITY OF RETURNS, AND DELETE AN EXEMPTION TO THE CONFIDENTIALITY REQUIREMENTS FOR RECORDS SUBPOENAED BY A FEDERAL GRAND JURY; TO AMEND SECTIONS 12-60-420 AND 12-60-490, BOTH AS AMENDED, RELATING TO THE REVENUES PROCEDURE ACT, SO AS TO PROVIDE THAT THE APPLICATION OF A DIVISION DECISION OR A DETERMINATION OF DEFICIENCY APPLIES TO LOCAL TAXES ADMINISTERED BY THE DEPARTMENT OF REVENUE AND REQUIRE SUCH NOTICE TO PROVIDE THAT FAILURE TO FILE A PROTEST WILL RESULT IN A DECISION BECOMING FINAL AND TO PROVIDE FURTHER FOR SETOFFS AGAINST TAX REFUNDS; TO AMEND SECTION 61-4-720, AS AMENDED, RELATING TO THE REGULATION OF WINE, SO AS TO REPLACE THE LIMITATION TO DOMESTIC WINE WITH WINE PRODUCED ON THE PREMISES WITH A MAJORITY OF THE JUICE FROM FRUIT OR BERRIES GROWN IN THIS STATE FOR WINE SALES AND TASTINGS AT LICENSED WINERIES IN THIS STATE; BY ADDING SECTION 61-4-725 SO AS TO ALLOW A LICENSED WINERY TO SELL, DELIVER, AND PERMIT ON-PREMISES CONSUMPTION ON SUNDAYS IN JURISDICTIONS WHERE MINIBOTTLE SALES ARE ALLOWED ON SUNDAYS; TO AMEND SECTIONS 61-4-730 AND 61-4-747, RELATING TO REGULATION OF WINE, SO AS TO REPLACE THE REQUIREMENT THAT PERMITTED WINERIES SELL ONLY DOMESTIC WINE WITH WINE PRODUCED ON THE PREMISES WITH A MAJORITY OF THE JUICE FROM FRUIT OR BERRIES GROWN IN THIS STATE IN ORDER TO SELL AND DELIVER WINE IN THIS STATE AND TO REQUIRE OUT-OF-STATE WINE SHIPPERS TO PAY SALES AND EXCISE TAXES ON WINE SHIPPED TO RESIDENTS OF THIS STATE BY JANUARY TWENTIETH OF EACH YEAR FOR THE PRECEDING YEAR, BY ADDING SECTION 12-21-1085, SO AS TO PROVIDE THOSE TAXES ALLOWED ON BEER AND WINE, BY ADDING 61-6-1555, SO AS TO ALLOW AN AIRLINE COMPANY TO PURCHASE BEER, WINE, AND ALCOHOLIC LIQUOR DIRECTLY FROM A LICENSED WHOLESALER, TO PROVIDE THAT THE WHOLESALER MAY SELL AND DELIVER THE BEER, WINE, AND ALCOHOLIC LIQUOR TO AN AIRLINE COMPANY, AND TO PROVIDE A PENALTY IF A PERSON USES BEER, WINE, OR ALCOHOLIC LIQUOR PURCHASED PURSUANT TO THIS SECTION FOR ANOTHER PURPOSE OTHER THAN THE SALE OR USE BY THE AIRLINE COMPANY, TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO REVISE THE DEFINITION OF "NEW JOB", TO AMEND SECTIONS 12-6-40 AND 12-6-50, BOTH AS AMENDED, RELATING TO DEFINITIONS AND CONFORMITY PROVISIONS FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO UPDATE THE REFERENCE DATE BY WHICH THIS STATE ADOPTS VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986 AND CLARIFY THOSE PROVISIONS NOT ADOPTED, TO AMEND TITLE 12 BY ADDING CHAPTER 55 ENACTING THE OVERDUE DEBT COLLECTION ACT AUTHORIZING THE SOUTH CAROLINA DEPARTMENT OF REVENUE TO IMPOSE A COLLECTION ASSISTANCE FEE ON CERTAIN OVERDUE TAX DEBTS EQUAL TO TWENTY PERCENT OF THE OVERDUE AMOUNT AND TO ALLOW THE DEPARTMENT TO RETAIN A PORTION OF THE COLLECTION ASSISTANCE FEE FOR ITS OPERATION, TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO EXEMPT PRESCRIPTIONS AND OVER-THE-COUNTER MEDICINES AND MEDICAL SUPPLIES SOLD TO A FREE CLINIC, BY ADDING SECTION 12-37-223 SO AS TO EXEMPT FROM PROPERTY TAX A SUFFICIENT AMOUNT OF THE FAIR MARKET VALUE OF REAL PROPERTY TO LIMIT TO TWENTY PERCENT INCREASES IN FAIR MARKET VALUE OF SUCH PROPERTY ATTRIBUTABLE TO REASSESSMENT PROGRAMS AND PROVIDE THE MANNER IN WHICH THIS EXEMPTION APPLIES AND ITS DURATION, TO REPEAL SECTION 12-37-223A, RELATING TO A COUNTY OPTION PROPERTY TAX EXEMPTION LIMITING TO FIFTEEN PERCENT INCREASES IN FAIR MARKET VALUE OF REAL PROPERTY AS A RESULT OF REASSESSMENT, BY ADDING SECTION 12-37-130, SO AS TO ESTABLISH A TASK FORCE TO STUDY THE IMPACT OF THIS NEW EXEMPTION ON HOMEOWNERS AND THE REAL ESTATE INDUSTRY, AND TO AMEND SECTION 6-1-320, AS AMENDED, RELATING TO LIMITS ON PROPERTY TAX MILLAGE INCREASES, SO AS TO CLARIFY THE CALCULATION OF THE INCREASED MILLAGE ALLOWED PURSUANT TO INCREASES IN THE CONSUMER PRICE INDEX.
Rep. MERRILL moved to table the motion to reconsider, which was agreed to.
The following was received:
Columbia, S.C., January 12, 2005
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has sustained the veto by the Governor on R. 386, S. 131 by a vote of 12 to 29:
R. 386, S. 131 (Word version) -- Senators Giese, Ritchie, Ravenel, Reese, Courson, Mescher and Rankin: AN ACT TO AMEND SECTION 59-112-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEMBERS OF THE ARMED SERVICES OF THE UNITED STATES STATIONED IN SOUTH CAROLINA AND THEIR DEPENDENTS BEING ELIGIBLE FOR IN-STATE TUITION RATES, SO AS TO PROVIDE THAT MEMBERS OF THE COAST GUARD AND THEIR DEPENDENTS STATIONED IN THIS STATE ARE ALSO ELIGIBLE FOR IN-STATE TUITION RATES AND TO PROVIDE AN EXCEPTION TO THIS GENERAL ELIGIBILITY FOR IN-STATE TUITION FOR MILITARY PERSONNEL AND THEIR DEPENDENTS, TO AMEND THE 1976 CODE BY ADDING CHAPTER 79 IN TITLE 2, ENACTING THE SOUTH CAROLINA MILITARY PREPAREDNESS AND ENHANCEMENT ACT SO AS TO ESTABLISH AND PROVIDE FOR THE MEMBERSHIP, POWERS, AND DUTIES OF THE SOUTH CAROLINA MILITARY PREPAREDNESS AND ENHANCEMENT COMMISSION, TO PROVIDE THAT THIS COMMISSION SHALL ACT TO ENHANCE THE VALUE OF MILITARY FACILITIES LOCATED IN THIS STATE AND ASSIST DEFENSE COMMUNITIES WITH SUCH VALUE ENHANCEMENT, TO ESTABLISH THE SOUTH CAROLINA MILITARY VALUE REVOLVING LOAN ACCOUNT TO PROVIDE LOANS TO ASSIST DEFENSE COMMUNITIES TO ENHANCE THE VALUE OF MILITARY FACILITIES, AND TO PROVIDE FOR OTHER METHODS AND INCENTIVES TO ACCOMPLISH THESE PURPOSES, AND BY ADDING SECTION 59-25-900, SO AS TO PROVIDE THAT A PERSON ASSOCIATED WITH A SCHOOL IN AN OFFICIAL CAPACITY WHO IS INJURED TO THE DEGREE THAT THE PERSON IS UNABLE TO RETURN TO HIS FORMER POSITION BY A STUDENT CONVICTED OF A VIOLATION OF THE SOUTH CAROLINA TEACHER PROTECTION ACT THAT CAUSED THE INJURY MUST BE ALLOWED TO CONTINUE IN ALL RETIREMENT, INSURANCE, AND DEFERRED COMPENSATION PROGRAMS IN WHICH THE PERSON WAS ENROLLED AT THE TIME OF THE INJURY WITH THE EMPLOYER REQUIRED TO CONTINUE EMPLOYER CONTRIBUTIONS ON BEHALF OF THE INJURED EMPLOYEE, AND TO ENACT THE SOUTH CAROLINA TEACHER PROTECTION ACT OF 2004, BY AMENDING SECTION 16-3-612, RELATING TO THE OFFENSE OF A STUDENT COMMITTING ASSAULT AND BATTERY AGAINST SCHOOL PERSONNEL, SO AS TO REDEFINE INTO THREE OFFENSES WITH SEPARATE PENALTIES FOR EACH, INCLUDING ESTABLISHING THE MOST SERIOUS OFFENSE AS A FELONY, AND TO AMEND SECTIONS 16-3-1535, 16-3-1545, AND 16-3-1550, RELATING TO THE REQUIREMENTS FOR NOTICE FOR CRIME VICTIMS AND WITNESSES TO CRIMES IN CRIMINAL AND JUVENILE OFFENDER PROCEEDINGS, SO AS TO REQUIRE JUDGES IN THESE PROCEEDINGS TO MAKE A SPECIFIC INQUIRY INTO COMPLIANCE WITH THESE NOTICE REQUIREMENTS.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., January 12, 2005
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 347, S. 852 by a vote of 38 to 6:
R. 347, S. 852 (Word version) -- Senator McGill: AN ACT TO AMEND SECTIONS 9-1-10 AND 9-11-10, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE POLICE OFFICERS RETIREMENT SYSTEM, RESPECTIVELY, SO AS TO PROVIDE THAT THE DEFINITION OF "PUBLIC SERVICE" INCLUDES PAID SERVICE RENDERED AS AN EMPLOYEE OF A POSTSECONDARY PUBLIC TECHNICAL COLLEGE OR PUBLIC JUNIOR COLLEGE, OR A PUBLIC FOUR-YEAR OR POSTGRADUATE INSTITUTION OF HIGHER EDUCATION, WHILE THE MEMBER WAS A STUDENT AT THAT INSTITUTION AND TO AMEND SECTIONS 9-1-1020, AND 9-11-210, BOTH A AMENDED, RELATING TO MEMBER CONTRIBUTIONS FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO CLARIFY THE CONTRIBUTION REQUIREMENTS ON UNUSED ANNUAL LEAVE AND THE USE OF SUCH PAYMENTS IN CALCULATING AVERAGE FINAL COMPENSATION.
Very respectfully,
President
The SPEAKER ordered the following veto printed in the Journal:
December 15, 2004
The Honorable André Bauer
President of the Senate
State House, 1st Floor, East Wing
Columbia, South Carolina 29202
Mr. President and Members of the Senate:
I am hereby returning without my approval S. 852 (Word version), R. 347. I am vetoing this bill because it will increase the current $4.2 billion debt burden on the South Carolina Retirement System, which from 1999 to 2004 increased its debt by 320 percent, taking the system from strong financial soundness to well beyond its constitutional debt limit when taking cost-of-living increases (COLAs) into account.
Sections 1, 2 and 3 of this legislation allow individuals to purchase service credit in the South Carolina Retirement System for work performed as a student employed by a postsecondary public technical college, junior college, or public four-year and postgraduate institution of higher learning. Section 4 provides that retirement contributions are only due on forty-five days of termination pay for unused annual leave.
I am vetoing this legislation because Sections 1, 2, and 3 will increase the financial liability of the system by expanding the purchase of service credit. I do not object to Section 4, which simply reflects current law regarding termination pay for unused annual leave.
The Retirement System has indicated that expanding the purchase of service credit to college work-study students would not have an adverse financial impact; but its analysis is based on the assumption that its current formula to purchase service credit is actuarially sound. We believe the system's assumption is flawed because it does not take into consideration future COLAs, even though the system has consistently paid COLAs over the past 35 years.
The financial health of the Retirement System is based on actuarial valuations of the future liabilities and future assets of the system based on a variety of assumptions. The unfunded liability of the system is currently $4.2 billion. Governmental accounting standards require that the unfunded portion of future liabilities have to be amortized within 30 years. The Retirement System's unfunded liability has skyrocketed from a 2-year unfunded liability in 1999 to 27 years today. Meaning, it will now take 27 years for the state to payoff the Retirement System's $4.2 billion unfunded future liabilities.
The current 27-year unfunded liability does not take into consideration future COLAs. State law currently requires the payment of COLAs as long as the Retirement System can absorb the costs within its ability to take on additional unfunded debt. COLAs increased the system's unfunded liability by $149 million in 2002, $278 million in 2003, and $211 million this year. Current projections show the Retirement System being unable to pay COLAs as early as 2006. The Retirement System estimates the future cost of an average 3 percent COLA increase would add an additional $9 to $11 billion dollars in unfunded liabilities.
The unfunded liability of the Retirement System has reached a point where we question whether expanding the purchase of service credit is prudent, especially with the system's actuaries not including COLAs as a future liability of the system. Clearly, if COLAs were factored into any valuation of the Retirement System, the current cost of purchasing service credit would not be sufficient to offset the system's increased future liability.
For these reasons, I am vetoing S. 852, R. 347 and returning it to you without my signature.
Sincerely,
Mark Sanford
Governor
Received as information.
Rep. LEACH moved that the House do now adjourn, which was agreed to.
At 5:50 p.m. the House, in accordance with the motion of Rep. SCOTT, adjourned in memory of Betty Robbins of Columbia, to meet at 10:00 a.m. tomorrow.
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