Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 12:00 Noon, the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
In the Book, Daniel, we read:
"So the king gave the order, and they brought Daniel and threw him into the lions' den. The king said to Daniel, 'May your God, whom you serve continually, rescue you!' " (Daniel 6:16)
Bow in prayer with me, if you will:
Holy God, there have to be moments when each Senator in this Chamber feels as if she or he has indeed been "tossed into the lions' den." The pressures, the debates, the calls for action inevitably pull them in so many directions. We pray, Lord, that You will strengthen their commitment to the people of South Carolina and rekindle in each of them a passion for service above self. With thankful hearts do we acknowledge the personal and collective wisdom which the Senators and their staff members make known day by day. Guide them as they honor You in all that they say and do. In Your loving name we pray this, O Lord. Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following were received and referred to the appropriate committees for consideration:
Document No. 4444
Agency: Department of Health and Environmental Control
Chapter: 61
Statutory Authority: 1976 Code Sections 48-1-10 et seq.
SUBJECT: Water Pollution Control Permits
Received by Lieutenant Governor March 24, 2014
Referred to Medical Affairs Committee
Legislative Review Expiration February 28, 2015
Document No. 4453
Agency: Department of Insurance
Chapter: 69
Statutory Authority: 1976 Code Sections 1-23-110 et seq., 38-3-110 and 38-9-180
SUBJECT: Annuity Mortality Tables For Use In Determining Reserve Liabilities For Annuities
Received by Lieutenant Governor March 20, 2014
Referred to Banking and Insurance Committee
Legislative Review Expiration February 24, 2015
The following were received:
Document No. 4406
Agency: State Board of Education
Chapter: 43
Statutory Authority: 1976 Code Sections 59-5-60 and 59-25-110
SUBJECT: Requirements for Certification at the Advanced Level
Received by Lieutenant Governor January 14, 2014
Referred to Education Committee
Legislative Review Expiration May 14, 2014
S 01/14/2014 Referred to Committee
H 01/14/2014 Referred to Committee
S 03/12/2014 Committee Requested Withdrawal
120 Day Period Tolled
03/24/2014 Withdrawn and Resubmitted
Document No. 4407
Agency: State Board of Education
Chapter: 43
Statutory Authority: 1976 Code Sections 59-5-60 and 59-16-10 et seq.
SUBJECT: South Carolina Virtual School Program
Received by Lieutenant Governor January 14, 2014
Referred to Education Committee
Legislative Review Expiration May 14, 2014
S 01/14/2014 Referred to Committee
H 01/14/2014 Referred to Committee
S 03/12/2014 Committee Requested Withdrawal
120 Day Period Tolled
03/24/2014 Withdrawn and Resubmitted
Document No. 4419
Agency: State Board of Education
Chapter: 43
Statutory Authority: 1976 Code Sections 59-5-60(1), (3), and (6), 59-39-100, and 20 U.S.C. 6301 et seq.
SUBJECT: Adult Education
Received by Lieutenant Governor January 14, 2014
Referred to Education Committee
Legislative Review Expiration May 14, 2014
S 01/14/2014 Referred to Committee
H 01/14/2014 Referred to Committee
S 03/12/2014 Committee Requested Withdrawal
120 Day Period Tolled
03/24/2014 Withdrawn and Resubmitted
Document No. 4420
Agency: State Board of Education
Chapter: 43
Statutory Authority: 1976 Code Sections 59-43-10 et seq.
SUBJECT: Adult Education Program
Received by Lieutenant Governor January 14, 2014
Referred to Education Committee
Legislative Review Expiration May 14, 2014
S 01/14/2014 Referred to Committee
H 01/14/2014 Referred to Committee
S 03/12/2014 Committee Requested Withdrawal
120 Day Period Tolled
03/24/2014 Withdrawn and Resubmitted
Document No. 4422
Agency: State Board of Education
Chapter: 43
Statutory Authority: 1976 Code Sections 59-5-60(1), 59-25-110, 59-26-10 et seq., and 20 U.S.C. 6301 et seq.
SUBJECT: Requirements for Additional Areas of Certification
Received by Lieutenant Governor January 14, 2014
Referred to Education Committee
Legislative Review Expiration May 14, 2014
S 01/14/2014 Referred to Committee
H 01/14/2014 Referred to Committee
S 03/12/2014 Committee Requested Withdrawal
120 Day Period Tolled
03/24/2014 Withdrawn and Resubmitted
Senator VERDIN introduced Dr. C. Wendell James of Greenville, S.C., Doctor of the Day. Dr. Wendell is Chairman of the Department of Anesthesiology at Greenville Hospital System.
On motion of Senator ALEXANDER, at 12:05 P.M., Senator LEATHERMAN was granted a leave of absence until 2:30 P.M.
On motion of Senator CLEARY, at 12:05 P.M., Senator CAMPBELL was granted a leave of absence for the week.
On motion of Senator McGILL, at 12:05 P.M., Senator O'DELL was granted a leave of absence until 4:30 P.M.
At 2:28 P.M., Senator LOURIE requested a leave of absence for the balance of the day.
On motion of Senator PINCKNEY, at 3:00 P.M., Senator SHEHEEN was granted a leave of absence for the balance of the day.
The following co-sponsors were added to the respective Bills:
S. 1096 (Word version) Sen. Cromer
S. 1084 (Word version) Sen. Sheheen
S. 1111 (Word version) Sens. Kimpson, Hayes
The following co-sponsor was removed from the respective Bill:
S. 1040 (Word version) Sen. Setzler
On motion of Senator BRYANT, on behalf of Senator SCOTT, with unanimous consent, the Privilege of the Chamber, to that area behind the rail, was extended to the family of Curtis Frye of the University of South Carolina to commend his induction into the United States Track and Field and Cross Country Association Hall of Fame.
H. 4935 (Word version) -- Reps. Govan, Jefferson, Williams, Clyburn, Stavrinakis, McCoy, Sabb, Mitchell, Burns, Hosey, Cobb-Hunter, Neal, Anderson, Alexander, Branham, George, Hodges, Kennedy, Mack, Norrell, Pitts, Ridgeway, Rivers, Ryhal, Wells, Allison, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Bedingfield, Bernstein, Bingham, Bowen, Bowers, Brannon, G.A. Brown, R.L. Brown, Chumley, Clemmons, Cole, H.A. Crawford, K.R. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Edge, Erickson, Felder, Finlay, Forrester, Funderburk, Gagnon, Gambrell, Gilliard, Goldfinch, Hamilton, Hardee, Hardwick, Harrell, Hart, Hayes, Henderson, Herbkersman, Hiott, Hixon, Horne, Howard, Huggins, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, McEachern, M.S. McLeod, W.J. McLeod, Merrill, D.C. Moss, V.S. Moss, Munnerlyn, Murphy, Nanney, Newton, Norman, R.L. Ott, Owens, Parks, Patrick, Pope, Putnam, Quinn, Riley, Robinson-Simpson, Rutherford, Sandifer, Sellers, Simrill, Skelton, G.M. Smith, G.R. Smith, J.E. Smith, J.R. Smith, Sottile, Southard, Spires, Stringer, Tallon, Taylor, Thayer, Toole, Vick, Weeks, Whipper, White, Whitmire, Willis and Wood: A CONCURRENT RESOLUTION TO ENCOURAGE ALL CITIZENS OF SOUTH CAROLINA TO INCREASE THEIR KNOWLEDGE OF WISE FINANCIAL STEWARDSHIP AND TO DECLARE APRIL 2014 AS FINANCIAL LITERACY MONTH.
Senator HAYES asked unanimous consent to make a motion to recall the Concurrent Resolution from the Committee on Banking and Insurance.
The Concurrent Resolution was recalled from the Committee on Banking and Insurance.
Senator HAYES asked unanimous consent to take the Concurrent Resolution up for immediate consideration.
There was no objection.
On motion of Senator HAYES, with unanimous consent, the Concurrent Resolution was adopted, ordered returned to the House.
The following were introduced:
S. 1152 (Word version) -- Senator Sheheen: A SENATE RESOLUTION TO COMMEND THE SOUTH CAROLINA DEMOCRATIC WOMEN'S COUNCIL ON THEIR HARD WORK, COMMITMENT TO THE DEMOCRATIC CAUSE, AND CONTRIBUTIONS TO THEIR COMMUNITY AND TO RECOGNIZE THE 2014 "DAY IN BLUE" AT THE SOUTH CAROLINA STATE HOUSE.
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The Senate Resolution was adopted.
S. 1153 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE CHAMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES ON FRIDAY, JUNE 13, 2014.
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The Concurrent Resolution was introduced and referred to the Committee on Invitations.
S. 1154 (Word version) -- Senators Fair, Hutto, Jackson and Shealy: A BILL TO AMEND SECTION 63-13-830, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATEMENTS OF REGISTRATION FOR FAMILY CHILDCARE OPERATORS, SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO WITHDRAW THE STATEMENT OF REGISTRATION UNDER CERTAIN CIRCUMSTANCES; AND TO AMEND SECTION 63-13-850, RELATING TO THE APPEAL OF A DEPARTMENT DECISION TO WITHDRAW A FAMILY CHILDCARE OPERATOR STATEMENT OF REGISTRATION, SO AS TO ALLOW A FAMILY CHILDCARE OPERATOR TO APPEAL A DEPARTMENT DECISION REQUIRING THE OPERATOR TO MEET THE REQUIREMENTS OF GROUP CHILDCARE HOMES.
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Read the first time and referred to the Committee on Judiciary.
S. 1155 (Word version) -- Senators Setzler and Young: A SENATE RESOLUTION TO RECOGNIZE AND HONOR PASTOR WILLIAM CALVIN JEFFERSON, JR. OF RESTORATION-EMPOWERMENT AND DELIVERANCE MINISTRIES IN AIKEN FOR HIS NINE YEARS OF MINISTRY AT THE CHURCH AND WISH HIM GOD'S RICHEST BLESSINGS AS HE CONTINUES TO SERVE THE LORD.
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The Senate Resolution was adopted.
S. 1156 (Word version) -- Senator Allen: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE HONORABLE RICHARD WILSON "DICK" RILEY FOR HIS DISTINGUISHED AND LIFELONG SERVICE TO OUR STATE AND OUR NATION.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 1157 (Word version) -- Senator Jackson: A SENATE RESOLUTION TO RECOGNIZE AND HONOR THE OUTSTANDING CONTRIBUTIONS OF THE MANIGAULT-HURLEY FUNERAL HOME TO THE MIDLANDS AND TO BID FAREWELL TO THIS HISTORICAL COLUMBIA BUSINESS AND LANDMARK.
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The Senate Resolution was adopted.
S. 1158 (Word version) -- Senator Allen: A CONCURRENT RESOLUTION TO HONOR BILL CLINTON, FORMER PRESIDENT OF THE UNITED STATES, FOR HIS MANY YEARS OF DEDICATED PUBLIC SERVICE AND TO EXTEND TO HIM A CORDIAL WELCOME TO THE PALMETTO STATE UPON THE OCCASION OF HIS ADDRESS AT THE RILEY INSTITUTE'S "AN EVENING WITH BILL CLINTON", TO BE HELD APRIL 8, 2014, IN GREENVILLE.
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The Concurrent Resolution was adopted, ordered sent to the House.
H. 3983 (Word version) -- Reps. Sellers, G. M. Smith, White and Bowers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 29 TO CHAPTER 7, TITLE 44 SO AS TO PROVIDE RURAL COUNTIES WITH ACCESS TO FREE EMERGENCY HOSPITAL CARE AND ALLOW RELICENSURE OF CLOSED RURAL HOSPITALS AS FREESTANDING EMERGENCY HEALTH CARE FACILITIES UNDER CERTAIN CIRCUMSTANCES.
Read the first time and referred to the Committee on Medical Affairs.
H. 4920 (Word version) -- Reps. Bingham, Allison, Anthony and Hayes: A JOINT RESOLUTION TO TRANSFER ADMINISTRATIVE CONTROL OF THE JOHN DE LA HOWE SCHOOL FROM THE BOARD OF TRUSTEES OF THE SCHOOL TO THE DEPARTMENT OF JUVENILE JUSTICE FOR FISCAL YEAR 2014-2015, TO TRANSFER THE POWERS AND DUTIES OF THE BOARD TO THE DEPARTMENT DURING FISCAL YEAR 2014-2015; TO PROVIDE THAT THE BOARD OF TRUSTEES SHALL SERVE IN AN ADVISORY CAPACITY TO THE DEPARTMENT DURING FISCAL YEAR 2014-2015; AND TO PROVIDE FOR THE CONSTRUCTION OF THE TERMS OF THIS JOINT RESOLUTION.
Read the first time and referred to the Committee on Education.
H. 4921 (Word version) -- Reps. Bingham, Allison, Anthony and Hayes: A JOINT RESOLUTION TO PROVIDE THAT NOTWITHSTANDING ANOTHER PROVISION OF LAW, SCHOOL DISTRICTS UNIFORMLY MAY NEGOTIATE SALARIES BELOW THE SCHOOL DISTRICT SALARY SCHEDULE FOR THE 2014-2015 SCHOOL YEAR FOR RETIRED TEACHERS WHO ARE NOT PARTICIPANTS IN THE TEACHER AND EMPLOYEE RETENTION INCENTIVE PROGRAM.
Read the first time and referred to the Committee on Education.
H. 4942 (Word version) -- Rep. Allison: A CONCURRENT RESOLUTION TO DESIGNATE APRIL 18, 2014, AS "SONS OF THE AMERICAN REVOLUTION DAY," AND TO ENCOURAGE THE CITIZENS OF THE STATE OF SOUTH CAROLINA TO OBSERVE THE DAY WITH APPROPRIATE CEREMONIES AND ACTIVITIES.
The Concurrent Resolution was introduced and referred to the Committee on Invitations.
On motion of Senator BRYANT, on behalf of Senator MASSEY, with unanimous consent, the Privilege of the Chamber, to that area behind the rail, was extended to Ms. Francis Price with the South Carolina Farm Bureau Womens Leadership Committee.
Senator FAIR from the Committee on Corrections and Penology polled out S. 1093 favorable:
S. 1093 (Word version) -- Senators Fair, Campbell, Young, Turner, Williams, Massey, Shealy and Thurmond: A BILL TO AMEND SECTION 24-3-965, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXCLUSIVE JURISDICTION OF THE MAGISTRATE'S COURT TO TRY CASES INVOLVING THE OFFENSE OF FURNISHING TO AN INMATE AND THE POSSESSION BY AN INMATE OF CERTAIN CONTRABAND, SO AS TO PROVIDE THAT CONTRABAND COVERED BY THIS SECTION DOES NOT INCLUDE TELECOMMUNICATION DEVICES, AND TO DEFINE THE TERM "TELECOMMUNICATION DEVICE".
AYES
Fair Williams Massey Nicholson Gregory Davis Allen Shealy Thurmond Turner Young Coleman
Matthews
Pinckney Kimpson
Ordered for consideration tomorrow.
S. 1148 (Word version) -- Senators Malloy, Alexander, Allen, Bennett, Bright, Bryant, Campbell, Campsen, Cleary, Coleman, Corbin, Courson, Cromer, Davis, Fair, Gregory, Grooms, Hayes, Hembree, Hutto, Jackson, Johnson, Kimpson, Leatherman, Lourie, L. Martin, S. Martin, Massey, Matthews, McElveen, McGill, Nicholson, O'Dell, Peeler, Pinckney, Rankin, Reese, Scott, Setzler, Shealy, Sheheen, Thurmond, Turner, Verdin, Williams and Young: A CONCURRENT RESOLUTION TO EXPRESS THE BELIEF OF THE GENERAL ASSEMBLY THAT NASCAR RACING IS AN INTEGRAL AND VITAL PART OF THE STATE OF SOUTH CAROLINA AND ITS ECONOMY AND TO RECOGNIZE THE DARLINGTON RACEWAY AS ONE OF OUR STATE'S MOST TREASURED ATTRACTIONS, AS WELL AS IDENTIFY SOUTH CAROLINA'S RICH NASCAR HISTORY IN THE STATE OF SOUTH CAROLINA AND TO NAME THE WEEK OF APRIL 6, 2014, THROUGH APRIL 13, 2014, AS DARLINGTON RACEWAY WEEK, A WEEK TOO TOUGH TO TAME.
Returned with concurrence.
Received as information.
S. 1150 (Word version) -- Senators Jackson and Scott: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR A'JA RIYADH WILSON FOR HER OUTSTANDING ATHLETIC AND ACADEMIC CAREERS AT HEATHWOOD HALL EPISCOPAL SCHOOL, TO CONGRATULATE HER ON HER MANY AWARDS AND ACCOLADES, AND TO WISH HER WELL IN THE FUTURE ON AND OFF THE BASKETBALL COURT.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
S. 997 (Word version) -- Senator Jackson: A BILL TO AMEND SECTION 40-67-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE SPEECH PATHOLOGISTS AND AUDIOLOGISTS PRACTICE ACT, SO AS TO ADD, REVISE, AND DELETE DEFINITIONS; TO AMEND SECTION 40-67-50, RELATING TO LICENSURE FEES, SO AS TO ADD, REVISE, AND DELETE FEES; TO AMEND SECTION 40-67-220, RELATING TO LICENSURE REQUIREMENTS, SO AS TO REVISE THE REQUIREMENTS; TO AMEND SECTION 40-67-260, RELATING TO ANNUAL AUDITS OF LICENSURE RECORDS THAT THE BOARD MAY CONDUCT, SO AS TO PROVIDE THE BOARD MAY CONDUCT THESE AUDITS BIENNIALLY INSTEAD OF ANNUALLY; AND TO AMEND SECTION 40-67-280, RELATING TO ACTIVATION OF AN INACTIVE LICENSE, SO AS TO REQUIRE SUBMISSION OF A FORM DEVELOPED AND PROVIDED BY THE BOARD.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Medical Affairs.
The Committee on Medical Affairs proposed the following amendment (AGM\997C001.AGM.AB14), which was adopted:
Amend the bill, as and if amended, Section 40-67-20(17), as contained in SECTION 1, page 4, lines 31-37, by deleting the item in its entirety.
Renumber sections to conform.
Amend title to conform.
Senator CLEARY explained the committee amendment.
The committee amendment was adopted.
The question then was second reading of the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Allen Bennett Bright Bryant Campsen Cleary Coleman Corbin Courson Cromer Davis Fair Gregory Grooms Hayes Hembree Hutto Jackson Johnson Kimpson Lourie Malloy Martin, Larry Martin, Shane Massey Matthews McElveen McGill Nicholson Peeler Pinckney Rankin Reese Scott Setzler Shealy Sheheen Thurmond Turner Verdin Williams Young
Total--0
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
S. 1071 (Word version) -- Senator Campsen: A BILL TO AMEND SECTION 50-1-60, AS AMENDED, SECTIONS 50-11-120, 50-11-150, AND SECTIONS 50-11-310, 50-11-335, 50-11-430, ALL AS AMENDED, RELATING TO THE DIVISION OF THE STATE INTO GAME ZONES, SMALL GAME SEASONS, SMALL GAME BAG LIMITS, THE OPEN SEASON FOR ANTLERED DEER, THE BAG LIMIT ON ANTLERED DEER, AND BEAR HUNTING, SO AS TO DECREASE THE NUMBER OF GAME ZONES, REVISE THE DATES FOR THE VARIOUS SMALL GAME SEASONS, TO REVISE THE SMALL GAME BAG LIMITS FOR THE VARIOUS GAME ZONES, REVISE THE DATES FOR THE VARIOUS ANTLERED DEER OPEN SEASON; AND TO REPEAL SECTION 50-11-2110 RELATING TO FIELD TRIALS IN AND PERMITS FOR GAME ZONE NINE.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator CAMPSEN explained the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Allen Bennett Bright Bryant Campsen Cleary Coleman Corbin Courson Cromer Davis Fair Grooms Hayes Hembree Hutto Jackson Johnson Kimpson Lourie Malloy Martin, Larry Martin, Shane Massey Matthews McElveen McGill Peeler Reese Scott Setzler Shealy Sheheen Thurmond Turner Verdin Williams Young
Total--0
The Bill was read the second time and ordered placed on the Third Reading Calendar.
S. 1035 (Word version) -- Senators Davis, Rankin, Shealy, Cleary, L. Martin, Grooms, Bright, Pinckney, Coleman, Bryant and Verdin: A BILL TO AMEND ARTICLE 4, CHAPTER 53, TITLE 44 OF THE 1976 CODE, RELATING TO THE CONTROLLED SUBSTANCES THERAPEUTIC RESEARCH ACT OF 1980, TO ENACT THE MEDICAL CANNABIS THERAPEUTIC TREATMENT RESEARCH ACT; TO ESTABLISH THE MEDICAL CANNABIS THERAPEUTIC TREATMENT RESEARCH PROGRAM AT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; TO PROVIDE FOR PATIENTS ELIGIBLE TO PARTICIPATE IN THE PROGRAM; TO PROVIDE WHO AND UNDER WHAT CIRCUMSTANCES MEDICAL CANNABIS CAN BE ADMINISTERED TO A PATIENT; TO PROVIDE FOR NOTICE TO A PARTICIPATING PATIENT THAT THE PATIENT WILL BE PARTICIPATING IN A RESEARCH STUDY AND OF THE EXPERIMENTAL NATURE OF THE MEDICAL CANNABIS PROGRAM; TO PROVIDE FOR THE PROTECTION OF A PARTICIPATING PATIENT'S PERSONAL INFORMATION; TO PROVIDE FOR THE OPERATION OF THE PROGRAM BY THE DIRECTOR OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; TO PROVIDE REPORTING REQUIREMENTS BY ACADEMIC MEDICAL CENTERS THAT SUPERVISE OR ADMINISTER MEDICAL CANNABIS TREATMENTS; AND TO PROVIDE CRIMINAL AND CIVIL IMMUNITY FROM STATE ACTIONS OR SUITS ARISING FROM THE PROPER IMPLEMENTATION OF THIS ACT; AND TO PROVIDE THAT THE STATE SHALL DEFEND STATE EMPLOYEES WHO, IN GOOD FAITH, CARRY OUT THE PROVISIONS OF THIS ACT; AND TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO COLLABORATE WITH ACADEMIC MEDICAL CENTERS TO ASSIST INTERESTED PATIENTS WITH THE APPLICATION PROCESS TO PARTICIPATE IN EXISTING UNITED STATES FOOD AND DRUG ADMINISTRATION APPROVED INVESTIGATIONAL NEW DRUG STUDIES CONCERNING MEDICAL CANNABIS.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Medical Affairs.
The Committee on Medical Affairs proposed the following amendment (S-1035 AMENDMENT), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 44-53-110 of the 1976 Code is amended to read:
"Section 44-53-110. As used in this article and Sections 44-49-10, 44-49-40, and 44-49-50:
(1) 'Administer' means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means, to the body of a patient or research subject by:
(1) (a) a practitioner (or, in his presence, by his authorized agent); or
(2) (b) the patient or research subject at the direction and in the presence of the practitioner.
(2) 'Agent' means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser, except that this term does not include a common or contract carrier, public warehouseman, or employee of the carrier or warehouseman, when acting in the usual or lawful course of the carrier's or warehouseman's business.
(3) 'Bureau' means the Bureau of Narcotics and Dangerous Drugs, United States Department of Justice, or its successor agency.
(4) 'Commission' means the South Carolina Department of Alcohol and Other Drug Abuse Services Commission on Alcohol and Drug Abuse.
(5) 'Confidant' means a medical practitioner, a pharmacist, a pharmacologist, a psychologist, a psychiatrist, a full-time staff member of a college or university counseling bureau, a guidance counselor or a teacher in an elementary school or in a junior or senior high school, a full-time staff member of a hospital, a duly ordained and licensed member of the clergy, accredited Christian Science practitioner, or any professional or paraprofessional staff member of a drug treatment, education, rehabilitation, or referral center who has received a communication from a holder of the privilege.
(6) 'Controlled substance' means a drug, substance, or immediate precursor in Schedules I through V in Sections 44-53-190 , 44-53-210, 44-53-230, 44-53-250, and 44-53-270.
(7) 'Controlled substance analogue' means a substance that is intended for human consumption and that either has a chemical structure substantially similar to that of a controlled substance in Schedules I, II, or III or has a stimulant, depressant, analgesic, or hallucinogenic effect on the central nervous system that is substantially similar to that of a controlled substance in Schedules I, II, or III. Controlled substance analogue does not include a controlled substance; any substance generally recognized as safe and effective within the meaning of the Federal Food, Drug and Cosmetic Act, 21 U.S.C. 301 et seq.; any substance for which there is an approved new drug application; or, with respect to a particular person, any substance if an exemption is in effect for investigational use for that person under Section 505 of the Federal Food, Drug and Cosmetic Act, 21 U.S.C. 355.
(8) 'Counterfeit substance' means a controlled substance which, or the container or labeling of which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, number, or device, or any likeness thereof, of a manufacturer, distributor, or dispenser other than the person who, in fact, manufactured, distributed, or dispensed such substance and which, thereby, falsely purports or is represented to be the product of, or to have been distributed by, such other manufacturer, distributor, or dispenser.
(9) 'Cocaine base' means an alkaloidal cocaine or freebase form of cocaine, which is the end product of a chemical alteration whereby the cocaine in salt form is converted to a form suitable for smoking. Cocaine base is commonly referred to as 'rock' or 'crack cocaine'.
(10) 'Deliver' or 'delivery' means the actual, constructive, or attempted transfer of a controlled drug or paraphernalia whether or not there exists an agency relationship.
(11) 'Department' means the State Department of Health and Environmental Control.
(12) 'Depressant or stimulant drug' means:
(a) a drug which contains any quantity of barbituric acid or any of the salts of barbituric acid, or any derivative of barbituric acid which has been designated as habit forming by the appropriate federal agency or by the department;
(b) a drug which contains any quantity of amphetamine or any of its optical isomers, any salt of amphetamine or any salt of any optical isomer of amphetamine, or any other substance which the appropriate federal agency or the department, after investigation, has found to be capable of being, and by regulation designated as, habit forming because of its stimulant effect on the central nervous system; or
(c) lysergic acid diethylamide or mescaline, or any other substance which the appropriate federal agency or the department, after investigation, has found to have, and by regulation designates as having a potential for abuse because of its stimulant or depressant effect on the central nervous system or its hallucinogenic effect.
(13) 'Detoxification treatment' means the dispensing, for a period not in excess of twenty-one days, of a narcotic drug in decreasing doses to an individual in order to alleviate adverse physiological or psychological effects incident to withdrawal from the continuous or sustained use of a narcotic drug and as a method of bringing the individual to a narcotic drug-free state within this period.
(14) 'Director' means the Director of the Department of Narcotics and Dangerous Drugs under the South Carolina Law Enforcement Division.
(15) 'Dispense' means to deliver a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the prescribing, administering, packaging, labeling, or compounding necessary to prepare the substance for the delivery.
(16) 'Dispenser' means a practitioner who delivers a controlled substance to the ultimate user or research subject.
(17) 'Distribute' means to deliver (other than by administering or dispensing) a controlled substance.
(18) 'Distributor' means a person who so delivers a controlled substance.
(19) 'Drug' means a substance:
(a) recognized in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them;
(b) intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man and animals;
(c) other than food intended to affect the structure or any function of the body of man and animals; and
(d) intended for use as a component of any substance specified in subitem (a), (b), or (c) of this paragraph but does not include devices or their components, parts, or accessories.
(20) 'Drug problem' means a mental or physical problem caused by the use or abuse of a controlled substance.
(21) 'Holder of the privilege' means a person with an existing or a potential drug problem who seeks counseling, treatment, or therapy regarding such drug problem.
(22) 'Imitation controlled substance' means a noncontrolled substance which is represented to be a controlled substance and is packaged in a manner normally used for the distribution or delivery of an illegal controlled substance.
(23) 'Immediate precursor' means a substance which the appropriate federal agency or the department has found to be and by regulation has designated as being, or can be proven by expert testimony as being, the principal compound commonly used or produced primarily for use, and which is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, or is a reagent, solvent, or catalyst used in the manufacture of controlled substances, the control of which is necessary to prevent, curtail, or limit such manufacture.
(24) 'Maintenance treatment' means the dispensing, for a period in excess of twenty-one days, of a narcotic drug in the treatment of an individual for dependence upon heroin or other morphine-like drugs.
(25) 'Manufacture' means the production, preparation, propagation, compounding, conversion, or processing of a controlled substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container, except that this term does not include the preparation or compounding of a controlled substance by an individual for his own use or the preparation, compounding, packaging, or labeling of a controlled substance:
(1) (a) by a practitioner as an incident to his administering or dispensing of a controlled substance in the course of his professional practice; or
(2) (b) by a practitioner, or by his authorized agent under his supervision, for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale.
(26) 'Manufacturer' means any person who packages, repackages, or labels any container of any controlled substance, except practitioners who dispense or compound prescription orders for delivery to the ultimate consumer.
(27) (a) 'Marijuana' means:
(i) all species or variety of the marijuana plant and all parts thereof whether growing or not;
(ii) the seeds of the marijuana plant;
(iii) the resin extracted from any part of the marijuana plant; or
(iv) every compound, manufacture, salt, derivative, mixture, or preparation of the marijuana plant, marijuana seeds, or marijuana resin.
(b) 'Marijuana' does not mean:
(i) the mature stalks of the marijuana plant or fibers produced from these stalks;
(ii) oil or cake made from the seeds of the marijuana plant;
(iii) any other compound, manufacture, salt, derivatives, mixture, or preparation of the mature stalks (except the resin extracted therefrom);
(iv) the sterilized seed of the marijuana plant which is incapable of germination; or
(v) for persons participating in a clinical trial or in an expanded access program related to administering cannabidiol for the treatment of severe forms of epilepsy pursuant to Article 18, Chapter 53, Title 44, a drug or substance approved for the use of those participants by the United States Food and Drug Administration.
(28) 'Methamphetamine' includes any salt, isomer, or salt of an isomer, or any mixture or compound containing amphetamine or methamphetamine. Methamphetamine is commonly referred to as 'crank', 'ice', or 'crystal meth'.
(29) 'Narcotic drug' means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:
(a) opium, coca leaves, and opiates;
(b) a compound, manufacture, salt, derivative or preparation of opium, coca leaves, or opiates;
(c) a substance (and any compound, manufacture, salt, derivative, or preparation thereof) which is chemically identical with any of the substances referred to in subitem (a) or (b). This term does not include decocainized coca leaves or extracts of coca leaves, which extracts do not contain cocaine or ecgonine.
(30) 'Noncontrolled substance' means any substance of chemical or natural origin which is not included in the schedules of controlled substances set forth in this article or included in the federal schedules of controlled substances set forth in Title 21, Section 812 of the United States Code or in Title 21, Part 1308 of the Code of Federal Regulations.
(31) 'Opiate' means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. It does not include, unless specifically designated as controlled under this article, the dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan). It does include racemic and levorotatory forms.
(32) 'Opium poppy' means the plant of the species Papaver somniferum L., except the seed thereof.
(33) 'Paraphernalia' means any instrument, device, article, or contrivance used, designed for use, or intended for use in ingesting, smoking, administering, manufacturing, or preparing a controlled substance and does not include cigarette papers and tobacco pipes but includes, but is not limited to:
(1) (a) metal, wooden, acrylic, glass, stone, plastic, or ceramic marijuana or hashish pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;
(2) (b) water pipes designed for use or intended for use with marijuana, hashish, hashish oil, or cocaine;
(3) (c) carburetion tubes and devices;
(4) (d) smoking and carburetion masks;
(5) (e) roach clips;
(6) (f) separation gins designed for use or intended for use in cleaning marijuana;
(7) (g) cocaine spoons and vials;
(8) (h) chamber pipes;
(9) (i) carburetor pipes;
(10) (j) electric pipes;
(11) (k) air-driven pipes;
(12) (l) chilams;
(13) (m) bongs;
(14) (n) ice pipes or chillers.
(34) 'Peyote' means all parts of the plant presently classified botanically as Lophophora Williamsii Lemaire, whether growing or not; the seeds thereof; any extract from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, or extracts.
(35) 'Poppy straw' means all parts, except the seeds, of the opium poppy, after mowing.
(36) 'Practitioner' means:
(1) (a) a physician, dentist, veterinarian, podiatrist, scientific investigator, or other person licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, or to administer a controlled substance in the course of professional practice or research in this State;
(2) (b) a pharmacy, hospital, or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, or to administer a controlled substance in the course of professional practice or research in this State.
(37) 'Production' includes the manufacture, planting, cultivation, growing, or harvesting of a controlled substance.
(38) 'Ultimate user' means a person who lawfully possesses a controlled substance for his own use or for the use of a member of his household or for administration to an animal owned by him or a member of his household." /
SECTION 2. Chapter 53, Title 44 is amended by adding:
"Article 18
Section 44-53-1810. As used in this article:
(1) 'Academic medical center' means a research hospital that operates a medical residency program for physicians and conducts research that involves human subjects.
(2) 'Approved source' means a provider approved by the United States Food and Drug Administration which produces cannabidiol that:
(a) has been manufactured and tested in a facility approved or certified by the United States Food and Drug Administration or similar national regulatory agency in another country which has been approved by the United States Food and Drug Administration; and
(b) has been tested in animals to demonstrate preliminary effectiveness and to ensure that it is safe to administer to humans.
(3) 'Cannabidiol' means a finished preparation containing, of its total cannabinoid content, at least 98 percent cannabidiol and not more than 0.30 percent tetrahydrocannabinol that has been extracted from marijuana or synthesized in a laboratory.
(4) 'Designated caregiver' means a person who provides informal or formal care to a qualifying patient, with or without compensation, on a temporary or permanent or full-time or part-time basis and includes a relative, household member, day care personnel, and personnel of a public or private institution or facility.
(5) 'Pharmacist' means an individual health care provider licensed by this State to engage in the practice of pharmacy.
(6) 'Physician' means a doctor of medicine or doctor of osteopathic medicine licensed by the South Carolina Board of Medical Examiners.
(7) 'Qualifying patient' means anyone who suffers from Lennox-Gastaut Syndrome, Dravet Syndrome, also known as severe myoclonic epilepsy of infancy, or any other form of refractory epilepsy that is not adequately treated by traditional medical therapies.
Section 44-53-1820. (A) A statewide investigational new drug application may be established in this State, if approved by the United States Food and Drug Administration to conduct expanded access clinical trials using cannabidiol on qualifying patients with severe forms of epilepsy.
(B) Any physician who is board certified and practicing in an academic medical center in this State and treating patients with severe forms of epilepsy may serve as the principal investigator for such clinical trials if such physician:
(1) applies to and is approved by the United States Food and Drug Administration as the principal investigator in a statewide investigational new drug application; and
(2) receives a license from the United States Drug Enforcement Administration.
(C) Such physician, acting as principal investigator, may include subinvestigators who are also board certified and who practice in an academic medical center in this State and treat patients with severe forms of epilepsy. Such subinvestigators shall comply with subsection (B)(2) of this section.
(D) The principal investigator and all subinvestigators shall adhere to the rules and regulations established by the relevant institutional review board for each participating academic medical center and by the United States Food and Drug Administration, the United States Drug Enforcement Administration, and the National Institute on Drug Abuse.
Section 44-53-1830. (A) Expanded access clinical trials conducted pursuant to a statewide investigational new drug application established pursuant to this chapter shall only utilize cannabidiol which is:
(1) from an approved source; and
(2) approved by the United States Food and Drug Administration to be used for treatment of a condition specified in an investigational new drug application.
(B) An academic medical center pharmacy may receive cannabidiol directly from an approved source or authorized distributor for an approved source for use in the expanded access clinical trials. The medication shall be housed in the academic medical center pharmacy and dispensed by the academic medical center licensed pharmacist only to a qualifying patient in a clinical trial study or designated caregiver.
Section 44-53-1840. (A) A person acting in compliance with the provisions of this article must not be subject to arrest, prosecution, or any civil or administrative penalty, including a civil penalty or disciplinary action by a professional licensing board, or be denied any right or privilege, for the use, prescription, administration, possession, manufacture, or distribution of medical cannabis.
(B) The State must defend a state employee against a federal claim or suit that arises or by virtue of their good faith performance of official duties pursuant to this article."
SECTION 3. Section 44-53-150 is repealed.
SECTION 4. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator DAVIS explained the committee amendment.
The committee amendment was adopted.
On motion of Senator DAVIS, the Bill was carried over.
S. 1070 (Word version) -- Senator Campsen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-525 SO AS TO PROVIDE THE DEPARTMENT OF NATURAL RESOURCES THE AUTHORITY TO PROMULGATE REGULATIONS GOVERNING CERTAIN AREAS TO ESTABLISH SEASONS, DATES, AREAS, BAG LIMITS, AND OTHER RESTRICTIONS FOR HUNTING AND TAKING WILD TURKEY; AND TO AMEND SECTION 50-11-520, AS AMENDED, 50-11-530, 50-11-540, AND 50-11-544, ALL RELATING TO THE DEPARTMENT OF NATURAL RESOURCES' REGULATION OF THE HUNTING OF WILD TURKEYS, SO AS TO REVISE THE SEASON FOR THE HUNTING AND TAKING OF MALE WILD TURKEYS, TO ESTABLISH "SOUTH CAROLINA YOUTH TURKEY HUNTING DAY", TO ESTABLISH BAG LIMITS FOR THE TAKING OF MALE WILD TURKEYS, TO PROVIDE THAT THE DEPARTMENT MUST CONDUCT AN ANALYSIS OF THE STATE'S WILD TURKEY RESOURCES AND ISSUE A REPORT TO THE GENERAL ASSEMBLY WHICH RECOMMENDS CHANGES TO THE WILD TURKEY SEASON AND BAG LIMITS, TO REVISE THE DEPARTMENT'S AUTHORITY TO REGULATE THE HUNTING OF WILD TURKEYS, AND TO ALLOW IT TO PROMULGATE EMERGENCY REGULATIONS FOR THE PROPER CONTROL OF THE HARVESTING OF WILD TURKEYS, TO REVISE THE PENALTIES FOR VIOLATING THE PROVISIONS THAT REGULATE THE HUNTING OF WILD TURKEY, AND TO PROVIDE THAT ALL WILD TURKEY TRANSPORTATION TAGS MUST BE VALIDATED AS PRESCRIBED BY THE DEPARTMENT BEFORE A TURKEY IS MOVED FROM THE POINT OF KILL.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator MALLOY proposed the following amendment (1070R001.GM), which was adopted:
Amend the bill, as and if amended, page 3, by striking subsection (D) as contained in lines 4-11 and inserting:
/ (D) Within one hundred eighty days of the conclusion of the third turkey season following the effective date of this law, the department must conduct an analysis of the wild turkey resources in South Carolina and draft a report recommending any changes to the wild turkey season and bag limits. This report must be provided to the General Assembly." /
Renumber sections to conform.
Amend title to conform.
Senator CAMPSEN explained the amendment.
The amendment was adopted.
The question then was second reading of the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Allen Bennett Bright Bryant Campsen Cleary Corbin Courson Cromer Davis Fair Gregory Grooms Hayes Hembree Hutto Jackson Johnson Kimpson Lourie Malloy Martin, Larry Martin, Shane Massey Matthews McElveen McGill Nicholson Peeler Pinckney Rankin Reese Scott Setzler Shealy Sheheen Thurmond Turner Verdin Williams Young
Total--0
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
S. 862 (Word version) -- Senators Shealy and Turner: A BILL TO AMEND SECTION 40-59-260 OF THE 1976 CODE, RELATING TO THE EXCEPTION FOR PROJECTS BY A PROPERTY OWNER FOR PERSONAL USE, TO PROVIDE THAT AN OWNER OF RESIDENTIAL PROPERTY WHO IMPROVES THE PROPERTY OR WHO BUILDS OR IMPROVES THE STRUCTURES OR APPURTENANCES ON THE PROPERTY AT A COST OF MORE THAN TWO THOUSAND FIVE HUNDRED DOLLARS SHALL NOT WITHIN TWO YEARS AFTER COMPLETION OR ISSUANCE OF A CERTIFICATE OFFER THE STRUCTURE FOR SALE OR RENT, AND CONSTRUCTION OR IMPROVEMENTS TO THE STRUCTURE, GROUP OF STRUCTURES, OR APPURTENANCES THAT COST THE OWNER-BUILDER LESS THAN TWO THOUSAND FIVE HUNDRED DOLLARS ARE NOT EVIDENCE OF "SALE" OR "RENT" FOR THE PURPOSES OF THIS SECTION.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the previously proposed amendment as printed in the Journal of March 13, 2014.
On motion of Senator SCOTT, the previously proposed amendment was withdrawn.
Senators SCOTT and SHEALY proposed the following amendment (862R009.KS), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 40-59-260 of the 1976 Code is amended to read:
"Section 40-59-260. (A) This chapter does not apply to an owner of residential property who improves the property or builds structures or appurtenances on the property if:
(1) the owner does the work himself, with his own employees, or with licensed contractors or registered entities or individuals;
(2)(a) the owner builds the structure, group of structures, or appurtenances, including the improvements, the structure, group of structures, or appurtenances are intended for the owner's sole occupancy or occupancy by the owner's family and are not intended for sale or rent; and or
(b) the owner improves existing structures or appurtenances on the property at a cost not to exceed five thousand dollars; and
(3) the general public does not have access to this structure.
(B) In an action brought under this chapter, proof of the sale or rent or the offering for sale or rent of the a structure built by the owner-builder within two years after completion or issuance of a certificate or occupancy is prima facie evidence that the building project was undertaken for the purpose of sale or rent, or proof that the owner spent more than five thousand dollars on improvements to an existing structure is prima facie evidence that the improvements did not qualify for the exemption,unless otherwise approved by the commission, and is subject to the penalties provided in this chapter. As used in this section, 'sale' or 'rent' includes an arrangement by which an owner receives compensation in money, provisions, chattel, or labor from the occupancy, or the transfer of the property or the structures on the property. This section does not exempt a person who is employed by the owner and who acts in the capacity of a builder or a specialty contractor of any kind.
(C) To qualify for exemption under this section, an owner must personally appear and sign the building permit application. The local permitting agency shall provide the person with a disclosure statement, provided by the department, in substantially the following form:
State law requires residential construction to be done by licensed residential builders and specialty contractors. You have applied for a permit under an exemption to that law. The exemption allows you, as the owner of your property, to act as your own builder even though you do not have a license. You must supervise the construction yourself. You may build or improve a one-family or two-family residence or improve an existing structure or appurtenance. The building If you build a one-family or two-family residence, it must be for your own use and occupancy. It may not be built for sale or rent. If you sell or rent a building you have built yourself within two years after the construction is complete, the law will presume that you built it for sale or rent, which is a violation of this exemption. If you improve the property you may not spend more than five thousand dollars on the improvements. You may not hire an unlicensed person as your residential builder or specialty contractor. It is your responsibility to make sure that people employed by you have licenses required by state law and by county or municipal licensing ordinances. Your construction must comply with all applicable laws, ordinances, building codes, and zoning regulations.'
(D) At the time an owner personally appears and signs the building permit application as required by subsection (C) of this section, the local permitting agency shall provide the owner with all forms necessary to comply with subsection (E) of this section.
(E) If a residential building or structure has been constructed or improved by an owner under the exemption provided for in this section, the owner of the residential building or structure must promptly file as a matter of public record a notice with the register of deeds, indexed under the owner's name in the grantor's index, stating that the residential building or structure was constructed or improved by the owner as an unlicensed builder. Failure to do so revokes the statutory exemption.
(F) Nothing in this chapter may be construed to authorize an owner of a residential building or structure to hire a person or entity that is not licensed or registered in accordance with this chapter." /
Renumber sections to conform.
Amend title to conform.
Senator SCOTT explained the amendment.
The amendment was adopted.
The question then was second reading of the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Allen Bennett Bright Bryant Cleary Coleman Corbin Courson Cromer Davis Fair Gregory Hayes Hembree Jackson Johnson Kimpson Lourie Malloy Martin, Larry Martin, Shane Massey Matthews McElveen McGill Nicholson Peeler Pinckney Rankin Scott Setzler Shealy Sheheen Thurmond Turner Williams Young
Grooms
The Bill was read the second time and ordered placed on the Third Reading Calendar.
H. 4819 (Word version) -- Reps. Norman, King, Long, D.C. Moss, Delleney, Felder, V.S. Moss and Simrill: A BILL TO AMEND ACT 470 OF 2000, AS AMENDED, RELATING TO THE ELECTION DISTRICTS OF MEMBERS OF ROCK HILL SCHOOL DISTRICT 3 IN YORK COUNTY, SO AS TO ESTABLISH AND REAPPORTION THESE ELECTION DISTRICTS.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator HAYES proposed the following amendment (BBM\4819C001.BBM.HTC14), which was adopted:
Amend the bill, as and if amended, page 1, by striking SECTION 1 and inserting:
/ SECTION 1. Section 2(A) of Act 470 of 2000, as last amended by Act 212 of 2005, is further amended to read:
"(A)(1) Notwithstanding another provision of law, beginning with the elections conducted in 2006 2014, the election districts for the members of the Board of Trustees of Rock Hill School District No. 3 of York County are established as follows:
DISTRICT 1
Census Voting
Tabulation Districts Population
York County
EDGEWOOD
Tract: 060300
Blocks: 325, 326 39
Tract: 060401
Blocks: 123, 124, 223, 224, 225, 226 149
Tract: 060402
Blocks: 201A, 202, 203, 204, 205, 206, 207, 208,
209, 210, 211, 212 662
Tract: 061301
Blocks: 112B, 114A, 116, 117, 118, 119, 120, 121,
122, 123, 124, 125 716
HIGHLAND PARK
Tract: 060200
Blocks: 222, 223, 224, 225, 226, 227, 228, 229,
230, 231, 232, 233, 234, 235, 236, 237, 238,
239, 240, 241, 242, 243, 318, 319 1234
Tract: 060300
Blocks: 201, 202, 203, 204, 205, 214, 215, 216,
217 289
LESSLIE NO. 1
Tract: 061201
Blocks: 213A, 213B 21
MT. HOLLY
Tract: 061301
Blocks: 115, 126A, 126B, 127, 201A, 201B, 202 723
Tract: 061302
Blocks: 203, 204 70
NORTHSIDE
Tract: 060200
Blocks: 210, 211, 212, 213, 214, 215, 216, 217,
218, 219, 220, 221 745
ROCK HILL NO. 1
Tract: 060101
Blocks: 408, 409, 410, 411, 412, 413, 414, 415,
416 5
Tract: 060200
Blocks: 314, 317 94
Tract: 060300
Blocks: 101, 102, 103, 104, 105, 106 223
ROCK HILL NO. 2
Tract: 060101
Blocks: 407, 417, 418, 421, 422 39
Tract: 060401
Blocks: 101, 102, 103, 104, 105, 106, 107, 108,
109, 110, 111, 112, 113, 114, 115, 116, 117,
118, 119, 120, 121, 122, 201, 202, 203, 204,
205, 206, 207, 208, 209, 210, 211, 212, 213,
214, 215, 216, 217, 218, 219, 220, 221, 222 3446
ROCK HILL NO. 3
Tract: 060501
Blocks: 214, 220, 221, 222, 228, 229, 230 207
Tract: 060502
Blocks: 113, 202, 203, 204, 206, 207, 208, 209,
210, 211, 212, 213, 214, 215, 216 1100
ROCK HILL NO. 5
Tract: 060101
Blocks: 401, 402, 403, 404 22
Tract: 060501
Blocks: 211, 212, 213 45
ROCK HILL NO. 6
Tract: 060101
Blocks: 419, 420, 423 18
Tract: 060300
Blocks: 107, 108, 109, 110, 111, 112, 113, 114,
115, 116, 117, 118, 119, 120, 121, 122, 123,
124, 125, 206, 207, 208, 209, 210, 211, 212,
213, 218, 219, 220, 221, 222, 223, 224, 225,
226, 227, 228, 301, 302, 303, 304, 305, 306,
307, 308, 309, 310, 311, 312, 313, 314, 315,
316, 317, 318, 319, 320, 321, 322, 323, 324 4082
Tract: 061201
Blocks: 214, 215, 216, 217, 218 171
Tract: 061301
Blocks: 101, 102, 103, 104, 105, 106A, 106B, 107,
108, 109, 110A, 110B, 111, 112A, 112C,
113, 114B 271
Total Population: 14371
DISTRICT 2
Census Voting
Tabulation Districts Population
York County
CANNON MILL
Tract: 061502
Blocks: 206, 207, 208, 209, 210(P1) 455
EBENEZER
Tract: 060700
Blocks: 103A, 104A, 112A, 113A, 114A, 114B,
115, 116, 117, 118, 119 915
Tract: 060905
Blocks: 107A, 107B, 108, 109A, 109B, 110, 111,
112, 113, 114, 115, 116, 117, 118, 119, 120,
121, 122A, 122B, 123, 124, 126A, 126B,
126C, 127, 128 1658
EBINPORT
Tract: 060700
Blocks: 101, 102, 103B, 104B, 105, 106, 107, 108,
109, 110, 111, 112B, 113B, 120, 121, 122,
123, 124, 125, 126, 127, 128 1259
Tract: 060905
Blocks: 101B, 101E, 101F 41
MCCONNELLS
Tract: 061401
Blocks: 133(P1), 134(P1), 201, 202, 203, 207 133
MUSEUM
Tract: 060902
Blocks: 101, 102, 103, 104, 105, 106, 107, 108,
109, 110, 111, 112, 113, 114, 115, 116, 117,
118, 119, 120, 121, 122, 123, 149, 150, 151,
152, 153, 201, 202, 203, 204, 205, 206, 207,
208, 209, 210, 211, 212, 213, 214, 215, 216,
217, 401, 402A, 402B, 403, 404, 405, 406,
407A, 407B, 407C, 407D, 407E, 407F, 407G,
408A, 408B, 408C, 409, 410, 411, 413,
414A, 414B, 415, 416, 417, 418, 419, 420,
421, 422, 423 4087
NEWPORT
Tract: 060904
Blocks: 101, 102, 103, 104, 105, 106, 107, 108,
109, 110, 111, 112(P3), 114, 127, 128, 129,
130, 131, 132, 133, 134, 135, 136, 137, 138,
139, 140, 141, 201, 202, 204, 205, 206, 207,
208, 209, 210, 211, 212, 213, 214, 215,
216A, 216B 3129
Tract: 060905
Blocks: 101A, 101C, 101D, 102, 103A, 103B, 104,
105A, 105B, 106 165
NORTHWESTERN
Tract: 061402
Blocks: 104A, 104B, 104C, 104D, 105, 106, 107,
108A, 108B, 109, 110, 111, 112, 113, 121,
122, 123, 124, 125, 126A, 126B, 302, 303,
304, 305 1146
OAK RIDGE
Tract: 061402
Blocks: 114, 115, 116, 117, 118, 119, 120, 127,
129, 130, 131, 203, 204, 308(P1), 309(P1),
311, 312(P3), 313, 314, 315, 316, 317, 318,
319, 320, 321(P3), 322, 323, 324, 325, 326,
327, 328, 329, 330, 331, 332, 333, 334, 335,
336, 337, 347, 348, 349, 350, 351, 352, 353 1800
DELPHA
Tract: 061401
Blocks: 135(P1), 138(P1), 140(P1) 0
TIRZAH
Tract: 060904
Blocks: 101(P1), 115(P1), 117, 118, 119, 120, 121,
122, 123, 124, 125, 126, 203 360
Total Population: 15148
DISTRICT 3
Census Voting
Tabulation Districts Population
York County
CATAWBA
Tract: 061203
Blocks: 228, 229, 230, 231, 232, 233, 234, 235,
236, 237, 238, 239, 240, 245, 246, 247, 248,
319, 320, 321, 322, 323, 324, 325, 326, 327,
328, 329, 330, 331, 334, 335, 336, 337, 338,
339, 340, 341, 342, 343, 344, 345, 346, 347,
348, 349, 350, 351, 352, 353, 354, 355, 356,
357, 358, 405, 406, 407, 408, 409, 410, 411,
412, 413, 437, 438, 439, 440, 441, 442, 443,
444, 445, 446, 447, 448, 449, 450, 451, 452,
453, 454, 455, 456, 457, 458, 459, 460, 461,
462, 463, 464, 465, 466, 467, 468, 469, 470,
471, 472, 473 2197
Tract: 061302
Blocks: 107, 113, 114, 115, 116, 117, 118, 119,
120, 121, 122, 123, 124, 126, 127, 128, 129 261
EBENEZER
Tract: 060905
Blocks: 109C, 125B 42
EDGEWOOD
Tract: 060402
Blocks: 101, 102, 103, 104, 105A, 105B, 106, 107,
108, 109, 110, 111, 112 649
FEWELL PARK
Tract: 060700
Blocks: 201A, 202, 203, 204, 205, 206, 207, 211,
212, 213, 214 1051
LESSLIE NO. 1
Tract: 061201
Blocks: 256 51
LESSLIE NO. 2
Tract: 061203
Blocks: 226, 227, 241, 242, 243, 244, 249, 403,
404, 414, 415, 416, 417, 418, 419, 421, 422,
423, 424, 425, 426, 427, 428, 429, 430, 431,
432, 433, 434, 435, 436 81
MT. HOLLY
Tract: 061302
Blocks: 213, 214, 215, 216, 217, 218, 219, 220,
221, 230, 231, 232, 233 166
NORTHWESTERN
Tract: 061402
Blocks: 102A, 102B 12
OAK RIDGE
Tract: 061402
Blocks: 128, 201, 202, 205, 206, 207, 208, 209,
210C, 338, 339, 340, 341, 342, 343, 344, 345,
346 476
OGDEN
Tract: 061301
Blocks: 208A, 208B, 208C, 209, 210, 211, 212,
213, 214, 215, 216 559
Tract: 061302
Blocks: 301A, 301B, 302A, 302B, 303, 304, 305,
306, 307, 308, 309, 310, 311, 312, 313, 314,
315, 316, 317, 318, 319, 320, 321, 322, 323,
324, 325, 326, 327, 328, 329, 334, 335, 336,
337, 338, 339, 340, 341, 342 952
Tract: 061402
Blocks: 210A, 210B, 211 7
ROCK HILL NO. 3
Tract: 060501
Blocks: 215, 218, 219, 223, 224, 225, 226, 227 461
Tract: 060502
Blocks: 101A, 101B, 102, 103, 104, 105A, 105B,
106A, 106B, 107, 108, 109, 110, 111, 112A,
112B, 114A, 114B, 115, 116, 117, 118, 201,
205 1821
Tract: 061402
Blocks: 210D 11
ROCK HILL NO. 4
Tract: 060501
Blocks: 101, 102, 103, 104, 105, 106, 107, 108,
109, 110, 111, 112, 113, 114, 115, 116, 117,
118, 119, 120, 121, 122A, 122B, 123, 124,
125, 126, 127, 128, 129, 130A, 130B, 131,
132, 133, 134, 135, 201, 202, 203, 204, 205,
206, 207, 208, 209, 210, 216, 217 1834
Tract: 060600
Blocks: 102, 103 2045
Tract: 060700
Blocks: 208, 209, 210, 221 118
Tract: 060905
Blocks: 125A, 201A, 201B, 201C, 201D, 201E,
202A, 202B, 203, 204A, 204B, 205 1406
Tract: 061402
Blocks: 101A, 101B, 101C, 101D, 103 87
Total Population: 14287
DISTRICT 4
Census Voting
Tabulation Districts Population
York County
EBINPORT
Tract: 060700
Blocks: 201B 288
Tract: 060801
Blocks: 115D, 118, 201, 202, 203, 204, 205, 206C,
206D, 212B, 212C, 224, 225, 226, 227,
228B, 229 938
FEWELL PARK
Tract: 060700
Blocks: 215, 216, 217, 218, 219, 220, 222, 302,
303, 304, 315 419
INDIA HOOK
Tract: 060902
Blocks: 156, 157, 158, 159, 219B, 219C, 301,
303B, 307B, 307C, 307D, 307E, 309A, 309E,
309F, 310, 311, 312, 315B 1270
MT. GALLANT
Tract: 060801
Blocks: 104, 105, 106, 107, 108, 109, 110, 111A,
111B, 112, 113A, 113B, 114, 115A, 115B,
115C, 116, 117, 119, 120, 121, 122, 123, 124,
125 1559
Tract: 060902
Blocks: 219A, 303A, 303C, 303D, 304, 305, 306
307A, 307F, 307G, 308A, 308B, 309B,
309C, 309D, 313, 314, 315A, 316A, 316B 2246
MUSEUM
Tract: 060902
Blocks: 154, 155, 218, 220 241
NORTHSIDE
Tract: 060102
Blocks: 103, 201, 204, 205, 206, 207, 208, 213,
214, 215, 216, 217, 218 390
Tract: 060200
Blocks: 101, 102, 103, 201, 202, 203, 204, 205,
206, 207, 208 136
ROCK HILL NO. 1
Tract: 060200
Blocks: 301, 302, 303, 304, 305, 306, 307, 308,
309, 310, 311, 312, 313, 315, 316 718
ROCK HILL NO. 4
Tract: 060102
Blocks: 305 127
Tract: 060700
Blocks: 316, 317, 318, 319, 320, 321 285
ROCK HILL NO. 5
Tract: 060101
Blocks: 301, 302, 303, 304 104
Tract: 060102
Blocks: 104A, 105, 106, 107, 108, 109, 110, 111,
112, 113, 114, 115, 116, 117, 118, 119, 202,
203, 209, 210, 211, 212, 219, 220, 221, 301,
302, 303, 304, 306, 307, 308, 309, 310, 311,
312, 313, 314, 315, 316, 317 2302
Tract: 060700
Blocks: 305 2
ROCK HILL NO. 7
Tract: 060700
Blocks: 301, 306, 307, 308, 309, 310, 311, 312,
313, 314 553
Tract: 060801
Blocks: 206A, 206B, 207, 208, 209, 210, 211,
212A, 213, 214, 215, 216, 217, 218, 219,
220, 221, 222, 223, 228A 3000
UNIVERSITY
Tract: 060102
Blocks: 101, 102, 104B 227
Tract: 060802
Blocks: 209, 210, 211, 212, 213, 214, 215, 216 305
Total Population: 15110
DISTRICT 5
Census Voting
Tabulation Districts Population
York County
CATAWBA
Tract: 061203
Blocks: 205, 206, 213, 214, 215, 216, 217, 218,
219, 220, 221, 222, 309, 310, 311, 312, 313,
316, 317, 318, 332, 333 583
Tract: 061302
Blocks: 106, 109, 110, 111, 112, 125 256
EDGEWOOD
Tract: 060402
Blocks: 201B, 213, 214, 215, 216, 217, 218 242
HIGHLAND PARK
Tract: 060200
Blocks: 110, 111, 112, 113, 114, 115, 116, 117,
118, 119, 120, 121, 122, 123 563
LESSLIE NO. 1
Tract: 001302
Blocks: 101, 102, 103 26
Tract: 061201
Blocks: 101, 102A, 102B, 103, 104, 105, 106, 112,
113, 114A, 114B, 115, 116A, 116B, 117A,
117B, 118, 119, 120, 121, 122, 123, 124, 125,
126, 127, 128, 129, 130, 131, 132, 133, 134,
135, 136, 137, 138, 139, 140, 141, 142, 143,
144, 145, 146, 203, 204, 205, 206, 207, 208,
209, 210, 211, 212, 220, 221, 222, 223, 224,
225, 226, 227, 228, 229, 230, 231, 232, 233,
234, 235, 236, 237, 240, 241, 242, 243, 244,
245, 246, 247, 248, 249, 250, 252, 253, 254,
255 3050
Tract: 061202
Blocks: 102, 103 12
Tract: 061203
Blocks: 303, 305, 306, 307, 308, 314, 315 215
Tract: 061302
Blocks: 101, 102, 103, 104, 105, 108 61
LESSLIE NO. 2
Tract: 061201
Blocks: 107, 108, 109, 110, 111, 201, 202 571
Tract: 061202
Blocks: 101, 104, 105, 106, 107, 108, 109, 110,
111, 112, 113, 114, 115, 116, 117, 118, 119,
120, 121, 122, 201, 202, 203, 204, 205, 206,
207, 208, 209, 210, 211, 212, 213, 214, 215,
216, 217, 218, 219, 220, 221, 222, 223, 224 2467
Tract: 061203
Blocks: 201, 202, 203, 204, 207, 208, 209, 210,
211, 212, 223, 224, 225, 301, 302, 304, 401,
402, 420 932
MT. GALLANT
Tract: 060801
Blocks: 101A, 101B, 101C, 101D, 101E, 101F,
102A, 102B, 102C, 103A, 103B, 103C, 126,
127, 128, 129, 130, 131, 132, 133, 134A,
134B, 135, 136, 137, 138, 139, 140A, 140B,
141 1301
Tract: 060901
Blocks: 101, 102, 103A, 103B, 104, 105, 106A,
106B, 107A, 107B, 107C, 108, 109, 110,
111, 112, 113, 114, 115, 116A, 116B, 116C,
116D, 117, 118, 119A, 119B, 120, 121, 122,
123, 124A, 124B, 124C, 125A, 125B, 126,
127, 128, 129, 130, 131, 132, 133, 134, 135,
201A, 201B, 202, 203, 204A, 204B, 205A,
205B, 206A, 206B, 207, 208A, 208B, 209,
210, 211, 212A, 212B, 213, 214A, 214B,
215A, 215B, 215C, 216, 217A, 217B, 218A,
218B, 218C, 219A, 219B, 219C, 220, 221,
222, 223A, 223B, 224 1713
MT. HOLLY
Tract: 061301
Blocks: 203, 204, 205, 221, 222, 223, 224, 225,
226, 227, 228, 229, 230 533
Tract: 061302
Blocks: 201, 202, 205, 206, 207, 208, 209, 210,
211, 212, 222, 223, 224, 225, 226, 227, 228,
229 531
NORTHSIDE
Tract: 060200
Blocks: 104, 105, 106, 107, 108, 109, 209 298
OGDEN
Tract: 061301
Blocks: 206, 207, 217, 218, 219, 220, 231, 232, 233 417
ROCK HILL NO. 6
Tract: 061201
Blocks: 219, 238 2
UNIVERSITY
Tract: 060802
Blocks: 101, 102, 103, 104, 105, 106, 107, 108A,
108B, 108C, 109, 110, 111, 201, 202, 203,
204, 205, 206, 207, 208, 217, 218, 219, 220,
221, 222, 223, 224 1561
Total Population: 15334
and delineated on map number S-91-03-14 created and maintained by the Office of Research and Statistics of the State Budget and Control Board, or its successor agency.
(2) The demographic information shown on this map is as follows:
District Pop Dev. %Dev. NH_WHT %NH_WHT NH_BLK %NH_BLK VAP
1 20,887 -1,258 -5.68% 7,141 34.19% 12,638 60.51% 15,901
2 22,873 728 3.29% 18,522 80.98% 2,913 12.74% 17,296
3 21,154 -991 -4.48% 12,595 59.54% 7,646 36.14% 16,090
4 22,850 705 3.18% 16,490 72.17% 3,509 15.36% 17,424
5 22,964 819 3.70% 15,256 66.43% 4,434 19.31% 17,398
Total 110,728 70,004 31,140 84,109
District NHWVAP %NHWVAP NHBVAP %NHBVAP AllOth AllOthVAP
1 5,999 37.73% 9,125 57.39% 1108 777
2 14,370 83.08% 2,000 11.56% 1438 926
3 9,934 61.74% 5,562 34.57% 913 594
4 13,225 75.90% 2,356 13.52% 2851 1,843
5 12,171 69.96% 3,050 17.53% 3274 2,177
Total 55,699 22,093 9584 6317"
Renumber sections to conform.
Amend title to conform.
Senator HAYES explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
S. 817 (Word version) -- Senator L. Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-3-47 SO AS TO REQUIRE PERSONS SEEKING CERTAIN POSITIONS OR WHO VOLUNTEER OR SERVE IN A POSITION SUPPORTED, SPONSORED, OR ADMINISTERED BY THE SOUTH CAROLINA COMMISSION ON NATIONAL AND COMMUNITY SERVICE TO UNDERGO A STATE AND NATIONAL CRIMINAL HISTORY BACKGROUND CHECK AND TO PROVIDE PROCEDURES TO BE FOLLOWED AND FOR THE COSTS OF THE BACKGROUND CHECKS.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.
The Committee on Judiciary proposed the following amendment (JUD0817.001), which was adopted:
Amend the bill, as and if amended, on page 1 by striking line 36 and inserting:
/ Bureau of Investigation (FBI), unless the commission determines that the background check requirement for that person has been satisfied through another process. The results of these criminal history/
Renumber sections to conform.
Amend title to conform.
Senator MASSEY explained the committee amendment.
On motion of Senator SHEHEEN, the Bill was carried over.
H. 4820 (Word version) -- Reps. Norman, King, Long, D.C. Moss, Delleney, Felder, V.S. Moss, Pope and Simrill: A BILL TO AMEND ACT 473 OF 2002, RELATING TO THE ELECTION DISTRICTS OF MEMBERS OF CLOVER SCHOOL DISTRICT 2 IN YORK COUNTY, SO AS TO ESTABLISH AND REAPPORTION THESE ELECTION DISTRICTS.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator HAYES proposed the following amendment (BBM\4820C001.BBM.HTC14), which was adopted:
Amend the bill, as and if amended, page 1, by striking SECTION 1 and inserting:
/ SECTION 1. Section 1(A) of Act 473 of 2002 is amended to read:
"(A)(1) Notwithstanding any other provision of law, beginning with the elections conducted in 2002 2014, the five election districts in which five of the seven members of the Board of Trustees of Clover School District No. 2 of York County are required to reside are established and delineated on map number S-91-02-02 S-91-02-14 created and maintained by the Office of Research and Statistics of the State Budget and Control Board.
(2) The demographic information shown on this map is as follows:
District Pop Dev. %Dev. NH_WHT %NH_WHT NH_BLK %NH_BLK VAP
1 6,906 32 0.47% 5,258 76.14% 1,231 17.83% 5,004
2 6,741 -133 -1.93% 5,774 85.65% 615 9.12% 5,055
3 6,850 -24 -0.35% 6,128 89.46% 392 5.72% 5,212
4 6,827 -47 -0.68% 6,170 90.38% 393 5.76% 5,167
5 7,044 170 2.47% 6,102 86.63% 486 6.90% 5,179
Total 34,368 29,432 3,117 25,617
District NHWVAP %NHWVAP NHBVAP %NHBVAP AllOth AllOthVAP
1 3,936 78.66% 832 16.63% 417 236
2 4,377 86.59% 455 9% 352 223
3 4,738 90.91% 268 5.14% 330 206
4 4,711 91.17% 278 5.38% 264 178
5 4,582 88.47% 324 6.26% 456 273
Total 22,344 2,157 8.42% 1819 1116"/
Renumber sections to conform.
Amend title to conform.
Senator HAYES explained the amendment.
The amendment was adopted.
On motion of Senator PEELER, the Bill was carried over.
H. 3459 (Word version) -- Reps. Sandifer, Bales, J.E. Smith and Erickson: A BILL TO AMEND SECTION 40-2-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA BOARD OF ACCOUNTANCY, SO AS TO PROVIDE THE DEPARTMENT OF LABOR, LICENSING AND REGULATION SHALL DESIGNATE CERTAIN PERSONNEL FOR THE EXCLUSIVE USE OF THE BOARD, TO PROHIBIT THE DEPARTMENT FROM ASSIGNING OTHER WORK TO THESE PERSONNEL WITHOUT APPROVAL OF THE BOARD, AND TO PROVIDE THESE PERSONNEL MAY BE TERMINATED BY THE DIRECTOR OF A MAJORITY OF THE BOARD; TO AMEND SECTION 40-2-30, RELATING TO THE PRACTICE OF ACCOUNTANCY, SO AS TO PROVIDE A CERTIFIED PUBLIC ACCOUNTANT LICENSED BY THE BOARD IS EXEMPT FROM LICENSURE REQUIREMENTS OF PRIVATE SECURITY AND INVESTIGATION AGENCIES; AND TO AMEND SECTION 40-2-70, RELATING TO POWERS AND DUTIES OF THE BOARD, SO AS TO PROVIDE THE BOARD MAY CONDUCT PERIODIC INSPECTIONS OF LICENSEES OR FIRMS; AND TO AMEND SECTION 40-2-80, RELATING TO INVESTIGATIONS OF ALLEGED VIOLATIONS, SO AS TO PROVIDE THE DEPARTMENT SHALL DIRECT THE INVESTIGATOR ASSIGNED TO THE BOARD TO INVESTIGATE AN ALLEGED VIOLATION TO DETERMINE THE EXISTENCE OF PROBABLE CAUSE MERITING FURTHER PROCEEDINGS.
On motion of Senator MALLOY, the Bill was carried over.
H. 3797 (Word version) -- Reps. Sandifer and Erickson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-90-165 SO AS TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF INSURANCE MAY DECLARE A CAPTIVE INSURANCE COMPANY INACTIVE IN CERTAIN CIRCUMSTANCES AND THAT THE DIRECTOR MAY MODIFY THE MINIMUM TAX PREMIUM APPLICABLE TO THE COMPANY DURING INACTIVITY; BY ADDING SECTION 38-90-215 SO AS TO PROVIDE A PROTECTED CELL MAY BE EITHER INCORPORATED OR UNINCORPORATED, AND TO PROVIDE REQUIREMENTS FOR EACH; BY ADDING SECTION 38-90-250 SO AS TO PROVIDE THE DEPARTMENT MUST CONSIDER A LICENSED CAPTIVE INSURANCE COMPANY THAT MEETS THE REQUIREMENTS OF AN INSURER FOR ISSUANCE OF A CERTIFICATE OF AUTHORITY TO ACT AS AN INSURER; TO AMEND SECTION 38-90-10, AS AMENDED, RELATING TO DEFINITIONS CONCERNING CAPTIVE INSURANCE COMPANIES, SO AS TO PROVIDE ADDITIONAL TERMS AND REVISE DEFINITIONS OF CERTAIN EXISTING TERMS; TO AMEND SECTION 38-90-20, AS AMENDED, RELATING TO THE DOCUMENTATION REQUIRED FOR LICENSING CAPTIVE INSURANCE COMPANIES, SO AS TO REMOVE THE REQUIREMENT OF A CERTIFICATE OF GENERAL GOOD ISSUED BY THE DIRECTOR; TO AMEND SECTION 38-90-35, RELATING TO THE CONFIDENTIALITY OF INFORMATION CONCERNING CAPTIVE INSURANCE COMPANIES SUBMITTED TO THE DEPARTMENT OF INSURANCE, SO AS TO REVISE REQUIREMENTS FOR MAKING THE INFORMATION SUBJECT TO DISCOVERY IN A CIVIL ACTION; TO AMEND SECTION 38-90-40, AS AMENDED, RELATING TO CAPITALIZATION REQUIREMENTS, SECURITY REQUIREMENTS, AND RESTRICTIONS ON DIVIDEND PAYMENTS FOR CAPTIVE INSURANCE COMPANIES, SO AS TO REVISE THE FORM OF CAPITAL REQUIRED FOR A CAPTIVE INSURANCE COMPANY THAT IS NOT A SPONSORED CAPTIVE INSURANCE COMPANY THAT ASSUMES RISK, AND TO REVISE REQUIREMENTS FOR CONTRIBUTIONS TO A CAPTIVE INSURANCE COMPANY INCORPORATED AS A NONPROFIT, AMONG OTHER THINGS; TO AMEND SECTION 38-90-50, AS AMENDED, RELATING TO FREE SURPLUS REQUIREMENTS OF A CAPTIVE INSURANCE COMPANY, SO AS TO REVISE THE FORM OF CAPITAL REQUIRED FOR A CAPTIVE INSURANCE COMPANY THAT IS NOT A SPONSORED CAPTIVE INSURANCE COMPANY THAT ASSUMES RISK; TO AMEND SECTION 38-90-55, AS AMENDED, RELATING TO THE INCORPORATION OF CAPTIVE INSURANCE COMPANIES, SO AS TO DELETE PROVISIONS CONCERNING THE MINIMUM NUMBER AND STATUS OF INCORPORATORS, PREREQUISITES TO TRANSMITTING ARTICLES OF INCORPORATION TO THE SECRETARY OF STATE, AND THE ISSUANCE OF CAPITAL STOCK AT PAR VALUE; TO AMEND SECTION 38-90-60, AS AMENDED, RELATING TO INCORPORATION OPTIONS AND REQUIREMENTS FOR CAPTIVE INSURANCE COMPANIES, SO AS TO REVISE THE AVAILABLE OPTIONS; TO AMEND SECTION 38-90-80, AS AMENDED, RELATING TO INSPECTIONS AND EXAMINATIONS OF CAPTIVE INSURANCE COMPANIES BY THE DEPARTMENT, SO AS TO DELETE REFERENCES TO PURE CAPTIVE INSURANCE COMPANIES AND SPECIAL PURPOSE CAPTIVE INSURANCE COMPANIES; TO AMEND SECTION 38-90-90, AS AMENDED, RELATING TO THE SUSPENSION OR REVOCATION OF A CAPTIVE INSURANCE LICENSE, SO AS TO MAKE A GRAMMATICAL CHANGE; TO AMEND SECTION 38-90-100, AS AMENDED, RELATING TO THE LOANS BY CAPTIVE INSURANCE COMPANIES, SO AS TO PROVIDE A SPONSORED CAPTIVE INSURANCE COMPANY MAY MAKE LOANS TO ITS PARENT COMPANY IN CERTAIN CIRCUMSTANCES; TO AMEND SECTION 38-90-130, AS AMENDED, RELATING THE PROHIBITION AGAINST PARTICIPATION IN PLAN, POOL, ASSOCIATION, GUARANTY, OR INSOLVENCY FUNDS BY CAPTIVE INSURANCE COMPANIES, SO AS TO PROVIDE CAPTIVE INSURANCE COMPANIES, INCLUDING PURE CAPTIVE INSURANCE COMPANIES, MAY PARTICIPATE IN A POOL FOR THE PURPOSE OF COMMERCIAL RISK SHARING, AMONG OTHER THINGS; TO AMEND SECTION 38-90-180, AS AMENDED, RELATING TO THE APPLICABILITY OF CERTAIN PROVISIONS RELATING TO INSURANCE, SO AS TO PROVIDE REQUIREMENTS FOR THE NAME OF NEW CAPTIVE INSURANCE COMPANIES, TO PROVIDE CIRCUMSTANCES IN WHICH A SPONSORED CAPTIVE INSURANCE COMPANY MAY ESTABLISH PROTECTED CELLS, INCLUDING REQUIREMENTS FOR A PLAN OF OPERATION, THE ATTRIBUTIONS OF ASSETS AND LIABILITIES BETWEEN A PROTECTED CELL AND THE GENERAL ACCOUNT OF THE SPONSORED CAPTIVE INSURANCE COMPANY, AND ADMINISTRATIVE AND ACCOUNTING PROCEDURES; TO AMEND SECTION 38-90-210, RELATING TO THE SEPARATE ACCOUNTING OF PROTECTED CELLS WHEN ESTABLISHED, SO AS TO REQUIRE THIS ACCOUNTING MUST REFLECT THE PARTICIPANTS OF THE PROTECTED CELL IN ADDITION TO EXISTING REQUIREMENTS; TO AMEND SECTION 38-90-220, AS AMENDED, RELATING TO CERTAIN REQUIREMENTS APPLICABLE TO SPONSORS OF CAPTIVE INSURANCE COMPANIES, SO AS TO REVISE THE REQUIREMENTS; TO AMEND SECTION 38-90-230, AS AMENDED, RELATING TO PARTICIPANTS IN SPONSORED CAPTIVE INSURANCE COMPANIES, SO AS TO PROVIDE THAT PROTECTED CELLS ASSETS ARE ONLY AVAILABLE TO CREDITORS OF THE SPONSORED CAPTIVE INSURANCE COMPANY AND RELATED REQUIREMENTS, AND TO PROVIDE REQUIREMENTS CONCERNING OBLIGATIONS OF SPONSORED CAPTIVE INSURANCE COMPANIES WITH RESPECT TO PROTECTED CELLS AND ITS GENERAL ACCOUNT; TO AMEND SECTION 38-90-240, RELATING TO THE ELIGIBILITY OF A LICENSED CAPTIVE INSURANCE COMPANY FOR CERTIFICATE OF AUTHORITY TO ACT AS INSURER, SO AS TO DELETE THE EXISTING LANGUAGE AND TO PROVIDE FOR WHO MAY PARTICIPATE IN A SPONSORED CAPTIVE INSURANCE COMPANY AND OBLIGATIONS OF THESE PARTICIPANTS, AND TO PROVIDE SPONSORED CAPTIVE INSURANCE COMPANIES MAY NOT BE USED TO FACILITATE INSURANCE SECURITIZATION TRANSACTIONS; TO AMEND SECTION 38-90-450, AS AMENDED, RELATING TO ORGANIZATION REQUIREMENTS FOR SPECIAL PURPOSE FINANCIAL CAPTIVES, SO AS TO DELETE PROVISIONS CONCERNING THE MINIMUM NUMBER AND STATUS OF INCORPORATORS, AND PREREQUISITES TO TRANSMITTING ARTICLES OF INCORPORATION TO THE SECRETARY OF STATE; AND TO REPEAL SECTION 38-90-235 RELATING TO TERMS AND CONDITIONS FOR PROTECTED CELL INSURANCE COMPANIES TO APPLY TO SPONSORED CAPTIVE INSURANCE COMPANIES.
On motion of Senator MALLOY, the Bill was carried over.
S. 511 (Word version) -- Senator Campsen: A BILL TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FOUR PERCENT SPECIAL ASSESSMENT RATIO, SO AS TO PROVIDE THAT AN ELIGIBILITY PROVISION REQUIRING A CERTAIN OWNERSHIP PERCENTAGE DOES NOT APPLY IF THE PROPERTY IS HELD BY A TRUST, FAMILY LIMITED PARTNERSHIP, OR LIMITED LIABILITY COMPANY UNDER CERTAIN SITUATIONS.
On motion of Senator MALLOY, the Bill was carried over.
H. 3853 (Word version) -- Reps. Owens, Patrick, Bedingfield, Loftis, Taylor, Allison, Anthony, Brannon, Southard, Bowen, Whitmire, Limehouse, Cole, Erickson, Forrester, Harrell, Herbkersman, Hixon, Lucas, D.C. Moss, Norman, Pitts, Pope, Putnam, Simrill, G.R. Smith, Sottile, Stringer, Wells and Willis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-40-111 SO AS TO AUTHORIZE AN ALTERNATIVE EDUCATION CAMPUS (AEC) TO BE ESTABLISHED BY A CHARTER SCHOOL SPONSOR WHICH SHALL CONSTITUTE A CHARTER SCHOOL SERVING A SPECIFIC STUDENT POPULATION, AND TO PROVIDE THE CRITERIA FOR A CHARTER SCHOOL TO BE DESIGNATED AS AN AEC; TO AMEND SECTION 59-40-55, RELATING TO A CHARTER SCHOOL SPONSOR'S POWERS AND DUTIES, SO AS TO FURTHER PROVIDE FOR THESE POWERS AND DUTIES INCLUDING THE ADOPTION OF NATIONAL INDUSTRY STANDARDS FOR THE SCHOOL, AND THE CLOSURE OF LOW PERFORMING SCHOOLS; TO AMEND SECTION 59-40-60, AS AMENDED, RELATING TO CHARTER SCHOOL APPLICATIONS AND THE FORMATION OF CHARTER SCHOOLS, SO AS TO PROVIDE THAT THE CHARTER SCHOOL APPLICATION MUST BE BASED ON AN APPLICATION TEMPLATE WITH COMPLIANCE GUIDELINES DEVELOPED BY THE DEPARTMENT OF EDUCATION, AND TO FURTHER PROVIDE FOR THE CONTENTS OF THE APPLICATION AND FOR LETTERS OF INTENT TO BE SUBMITTED BY AN APPLICANT AND A CHARTER COMMITTEE; TO AMEND SECTION 59-40-70, AS AMENDED, RELATING TO THE CHARTER SCHOOL ADVISORY COMMITTEE AND ITS DUTY TO REVIEW CHARTER SCHOOL APPLICATIONS, SO AS TO DELETE THE COMMITTEE, TO REVISE THE PROCEDURES REQUIRED OF A CHARTER SCHOOL APPLICANT IN REGARD TO A CHARTER SCHOOL APPLICATION, TO PROVIDE THAT THE DEPARTMENT OF EDUCATION SHALL PROVIDE GUIDANCE ON COMPLIANCE TO BOTH SPONSORS AND APPLICANTS, AND TO FURTHER PROVIDE FOR THE STANDARDS FOR A SCHOOL BOARD OF TRUSTEES OR AREA COMMISSION TO FOLLOW WHEN CONSIDERING THE DENIAL OF AN APPLICATION; TO AMEND SECTION 59-40-90, AS AMENDED, RELATING TO APPEAL OF FINAL DECISIONS OF A SCHOOL DISTRICT TO THE ADMINISTRATION LAW COURT, SO AS TO ALSO INCLUDE FINAL DECISIONS OF A PUBLIC OR INDEPENDENT INSTITUTION OF HIGHER LEARNING SPONSOR; TO AMEND SECTION 59-40-110, AS AMENDED, RELATING TO THE DURATION OF A CHARTER SCHOOL SPONSOR AND THE RENEWAL OR TERMINATION OF A CHARTER BY THE SPONSOR, SO AS TO FURTHER PROVIDE FOR THE CIRCUMSTANCES WHEN A CHARTER SCHOOL SHALL AUTOMATICALLY AND PERMANENTLY CLOSE, TO REVISE THE CRITERIA TO CONSIDER WHEN REVOKING OR NOT RENEWING A CHARTER, TO PROVIDE FOR WHEN A SPONSOR SUMMARILY MAY REVOKE A CHARTER, AND TO PROVIDE FOR THE MANNER IN WHICH STAYS OF THE REVOCATION OR NONRENEWAL OF THE CHARTER TAKE EFFECT OR MAY BE GRANTED; TO AMEND SECTION 59-40-115, AS AMENDED, RELATING TO THE TERMINATION OF A CHARTER SCHOOL'S CONTRACT WITH A SPONSOR, SO AS TO DELETE A REFERENCE TO THE CHARTER SCHOOL ADVISORY COMMITTEE; AND TO AMEND SECTION 59-40-180, AS AMENDED, RELATING TO REGULATIONS AND GUIDELINES PERTAINING TO CHARTER SCHOOLS, SO AS TO DELETE A REFERENCE TO THE CHARTER SCHOOL ADVISORY COMMITTEE.
On motion of Senator MALLOY, the Bill was carried over.
H. 3919 (Word version) -- Reps. Owens, Bowen, Patrick, Taylor, Anderson, Allison, Brannon, Loftis, Ballentine, Rivers, Huggins, Knight, Simrill, King, Willis, Whitmire, McCoy, Anthony, Crosby, Neal, Clyburn, Barfield, Bedingfield, R.L. Brown, Cobb-Hunter, George, Hayes, Hiott, Hixon, Hosey, Lucas, Pope, Putnam, G.R. Smith, Wells, Wood, Whipper, Mitchell, Robinson-Simpson and Dillard: A BILL TO AMEND SECTION 59-18-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXIT EXAM REQUIRED FOR HIGH SCHOOL GRADUATION, SO AS TO PROVIDE THAT ALL STUDENTS MUST TAKE THE EXIT EXAM TO GRADUATE BUT NEED NOT ATTAIN ANY MINIMUM SCORE ON THE EXIT EXAM TO GRADUATE, TO PROVIDE AN ELIGIBLE STUDENT WHO PREVIOUSLY FAILED TO RECEIVE A HIGH SCHOOL DIPLOMA OR WAS DENIED GRADUATION SOLELY FOR FAILING THE EXIT EXAM MAY REENROLL IN HIGH SCHOOL AND WILL NOT HAVE TO PASS THE EXIT EXAM TO RECEIVE A HIGH SCHOOL DIPLOMA, AND TO REQUIRE THE DEPARTMENT OF EDUCATION TO REMOVE ANY CONFLICTING REQUIREMENTS AND PROMULGATE CONFORMING CHANGES IN ITS APPLICABLE REGULATIONS; TO AMEND SECTION 59-48-35, RELATING TO REQUIREMENTS FOR A DIPLOMA FROM THE SPECIAL SCHOOL OF SCIENCE AND MATHEMATICS, AND SECTION 59-139-60, RELATING TO THE DUTY OF THE STATE BOARD OF EDUCATION TO REVIEW STUDENT PERFORMANCE ON ASSESSMENT TESTING AND TO MONITOR THE PERFORMANCE OF SCHOOLS AND SCHOOL DISTRICTS, ALL SO AS TO MAKE CONFORMING CHANGES; AND TO CREATE THE HIGH SCHOOL ASSESSMENT STUDY COMMITTEE TO CONSIDER WHETHER THE HIGH SCHOOL ASSESSMENT PROGRAM SHOULD REMAIN THE ACCOUNTABILITY ASSESSMENT USED BY THE STATE AND TO RECOMMEND AN ALTERNATIVE IF NECESSARY, TO PROVIDE FOR THE COMPOSITION AND STAFFING OF THE STUDY COMMITTEE, TO REQUIRE THE COMMITTEE REPORT CERTAIN INFORMATION TO THE GENERAL ASSEMBLY, AND TO PROVIDE FOR THE TERMINATION OF THE STUDY COMMITTEE.
On motion of Senator HAYES, the Bill was carried over.
H. 3021 (Word version) -- Reps. Clemmons, Sellers, R.L. Brown, Putnam, Kennedy, Gilliard, Toole, Branham, Rutherford, King and Cobb-Hunter: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 55 TO TITLE 11 SO AS TO ENACT THE IRAN DIVESTMENT ACT OF 2013 AND TO PROHIBIT CERTAIN INVESTMENTS AND CONTRACTS WITH PERSONS DEEMED TO BE ENGAGING IN INVESTMENT ACTIVITIES IN IRAN.
On motion of Senator HUTTO, the Bill was carried over.
H. 3124 (Word version) -- Reps. Bingham, Taylor, Long and M.S. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 63-7-315 SO AS TO PROHIBIT AN EMPLOYER FROM DISMISSING, DEMOTING, SUSPENDING, OR DISCIPLINING AN EMPLOYEE WHO REPORTS CHILD ABUSE OR NEGLECT, WHETHER REQUIRED OR PERMITTED TO REPORT; AND TO CREATE A CAUSE OF ACTION FOR REINSTATEMENT AND BACK PAY WHICH AN EMPLOYEE MAY BRING AGAINST AN EMPLOYER WHO VIOLATES THIS PROHIBITION.
On motion of Senator MASSEY, the Bill was carried over.
H. 3191 (Word version) -- Reps. Cole and Tallon: A BILL TO AMEND SECTIONS 56-5-130 AND 56-5-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF THE TERMS "MOTOR VEHICLE" AND "MOTORCYCLE", SO AS TO PROVIDE THAT MOPEDS ARE MOTOR VEHICLES AND NOT MOTORCYCLES.
On motion of Senator CORBIN, the Bill was carried over.
H. 4259 (Word version) -- Reps. Goldfinch and Clemmons: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-760 SO AS TO ENACT THE "SOUTH CAROLINA MILITARY SERVICE INTEGRITY AND PRESERVATION ACT", TO PROVIDE THAT A PERSON WHO, WITH THE INTENT OF SECURING A TANGIBLE BENEFIT, KNOWINGLY AND FALSELY REPRESENTS HIMSELF TO HAVE SERVED IN THE ARMED FORCES OF THE UNITED STATES OR TO HAVE BEEN AWARDED A DECORATION, MEDAL, RIBBON, OR OTHER DEVICE AUTHORIZED BY CONGRESS OR PURSUANT TO FEDERAL LAW FOR THE ARMED FORCES OF THE UNITED STATES, IS GUILTY OF A MISDEMEANOR.
On motion of Senator SCOTT, the Bill was carried over.
S. 1036 (Word version) -- Senator Cleary: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 TO CHAPTER 15, TITLE 40 SO AS TO ENACT THE "DENTAL SEDATION ACT", TO PROVIDE REQUIREMENTS CONCERNING THE PROVISION OF VARYING LEVELS OF SEDATION TO DENTAL PATIENTS; TO AMEND SECTION 40-15-85, RELATING TO DEFINITIONS IN THE DENTISTRY PRACTICE ACT, SO AS TO ADD NECESSARY DEFINITIONS; AND TO DESIGNATE THE EXISTING SECTIONS OF CHAPTER 15, TITLE 40 AS ARTICLE 1 "GENERAL PROVISIONS".
On motion of Senator CLEARY, the Bill was carried over.
H. 3631 (Word version) -- Reps. Daning, Crosby, Sottile, Atwater, Sabb, Erickson, Newton and Herbkersman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-115 SO AS TO PROVIDE FOR THE ISSUANCE OF GOLF CART PERMITS, TO REGULATE THE OPERATION OF GOLF CARTS, AND TO PROVIDE A PENALTY; AND TO REPEAL SECTION 56-2-105 RELATING TO THE ISSUANCE OF GOLF CART PERMITS AND THE OPERATION OF GOLF CARTS.
On motion of Senator SETZLER, the Bill was carried over.
S. 1037 (Word version) -- Senator Fair: A BILL TO AMEND SECTION 56-1-148 OF THE 1976 CODE, RELATING TO THE IDENTIFYING CODE AFFIXED ON THE DRIVER'S LICENSE OF A PERSON CONVICTED OF CERTAIN CRIMES, TO REMOVE THE FIFTY DOLLAR FEE ASSOCIATED WITH THE IDENTIFYING CODE.
Senator FAIR explained the Bill.
Senator SETZLER raised a Point of Order that in order for the Bill to receive second reading, it required a fiscal impact statement.
The PRESIDENT sustained the Point of Order.
On motion of Senator SETZLER, the Bill was carried over.
S. 940 (Word version) -- Senators Young, Massey, Setzler and Peeler: A BILL TO AMEND SECTION 4-10-470, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EDUCATION CAPITAL IMPROVEMENTS SALES AND USE TAX, SO AS TO ALLOW A COUNTY THAT DOES NOT COLLECT A CERTAIN AMOUNT IN ACCOMMODATIONS TAX TO IMPOSE THE SALES TAX SO LONG AS NO PORTION OF THE COUNTY AREA IS SUBJECT TO MORE THAN TWO PERCENT TOTAL SALES TAX.
The Senate proceeded to a consideration of the Bill, the question being second reading of the Bill.
Senator YOUNG proposed the following amendment (BBM\940C003.BBM.HTC14):
Amend the bill, as and if amended, by striking Section 4-10-470(B), as contained in SECTION 1, beginning on page 1, and inserting:
/ (B)(1) The Education Capital Improvements Sales and Use Tax authorized by this article also may be imposed in a school district without regards to the requirements of subsection (A) if:
(a) at any time, no portion of the school district in which the tax is to be imposed is subject to more than two percent total local sales tax; and
(b) the school district in which the tax is to be imposed encompasses the entire county area of one county and extends into one adjacent county.
(2) Notwithstanding any other provision of this article, if the Education Capital Improvements Sales and Use Tax is imposed pursuant to this subsection, then:
(a) stated in calendar years, the tax may not be imposed for more than ten years;
(b) at least ten percent of the proceeds must be used to provide property tax relief by using the proceeds to offset the existing debt service millage levy on general obligation bonds pursuant to Section 4-10-445; and
(c) the total debt service on bonds issued by the school district resulting from the imposition, net of any premium or accrued interest, shall not exceed ninety percent of the total amount of Education Capital Improvements Sales and Use Tax proceeds estimated to be allocated to the school district during the imposition, minus any amounts dedicated to property tax relief. The Board of Economic Advisors shall provide the estimate of the total amount.
(3) The State Treasurer, in consultation with the governing body of the imposing district and the county treasurers and auditors of the affected counties, shall distribute and administer the revenues as provided in this article, mutatis mutandis. A resolution for the imposition of the tax in the school district must be directed to the election commissions of the affected counties and a referendum required pursuant to this article must be conducted in the school district. The question in the referendum must be revised to reflect the imposition of the tax in the school district rather than the county. If a majority of those voting in the school district approve the tax, then the tax is imposed in the school district as provided in this article and all references in this article to county, with respect to the imposition, administration, collection, and distribution of the revenues of the tax are deemed to mean the school district. Definitions included in Section 4-10-415 must be construed to extend to a tax allowed to be imposed pursuant to this subsection.
(4) Notwithstanding any other provision of law, if, within a school district there is imposed the Education Capital Improvements Sales and Use Tax pursuant to this subsection, then no other sales tax may be imposed in that school district if the subsequent imposition causes the total sales tax to exceed two percent in any portion of the school district. This limitation applies so long as this subsection is utilized to impose the Education Capital Improvements Sales and Use Tax.
(5) Notwithstanding any other provision of law, if the tax imposed pursuant to this subsection and another sales tax are approved at the same referendum, and the approval of both subjects any portion of the school district to more than two percent total local sales tax, then only the tax whose approving resolution was adopted first may be imposed, and the other tax is deemed to not have been approved.
(6) For purposes of this subsection, a sales tax is a tax levied pursuant to this chapter, pursuant to Chapter 37, Title 4, or pursuant to any local law enacted by the General Assembly.
(C) Notwithstanding any other provision of this section, the Education Capital Improvements Sales and Use Tax authorized by this article also may be imposed in a county so long as the county or school district imposed a local sales and use tax to fund education capital improvements on January 1, 2014. The Education Capital Improvements Sales and Use Tax may be imposed pursuant to this subsection at any time after the local sales and use tax terminates." /
Renumber sections to conform.
Amend title to conform.
Senator YOUNG explained the amendment.
On motion of Senator SHANE MARTIN, the Bill was carried over.
H. 4873 (Word version) -- Rep. Cobb-Hunter: A CONCURRENT RESOLUTION TO AFFIRM THE DEDICATION OF THE GENERAL ASSEMBLY TO THE FUTURE SUCCESS OF SOUTH CAROLINA'S YOUNG PEOPLE AND TO THE PREVENTION OF CHILD ABUSE AND NEGLECT AND TO DECLARE THE MONTH OF APRIL AS "CHILD ABUSE PREVENTION MONTH" IN THE STATE OF SOUTH CAROLINA.
The Senate proceeded to a consideration of the Concurrent Resolution, the question being the adoption of the Resolution.
Senator BRYANT proposed the following amendment (4873R001.KLB):
Amend the concurrent resolution, as and if amended, page 1, by striking lines 18-20 and inserting:
/ Whereas, every child, from the beginning of their childhood at the point of fertilization, should be entitled to grow up in a safe, loving, and stable family protected from verbal, sexual, emotional, and physical abuse; exploitation; and neglect; and /
Renumber sections to conform.
Amend title to conform.
Senator BRYANT explained the amendment.
On motion of Senator HUTTO, the Concurrent Resolution was carried over.
H. 3592 (Word version) -- Reps. Sandifer and Loftis: A BILL TO AMEND ARTICLE 8, CHAPTER 52, TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE "ENERGY INDEPENDENCE AND SUSTAINABLE CONSTRUCTION ACT OF 2007", SO AS TO DELETE CERTAIN DEFINITIONS, TO CHANGE CERTIFICATION STANDARDS WITH WHICH MAJOR FACILITY PROJECTS MUST COMPLY, TO ELIMINATE REFERENCE TO THE LEED AND GREEN GLOBES CERTIFICATION RATING SYSTEMS, AND TO MAKE TECHNICAL CORRECTIONS.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator SHANE MARTIN proposed the following amendment (3592R004.SRM):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Article 8, Chapter 52, Title 48 of the 1976 Code is repealed.
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator SHANE MARTIN explained the amendment.
On motion of Senator CLEARY, the Bill was carried over.
S. 459 (Word version) -- Senators Sheheen and Rankin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-55, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON WHO HOLDS A BEGINNER'S PERMIT OR A RESTRICTED DRIVER'S LICENSE TO DRIVE A MOTOR VEHICLE WHILE USING A CELLULAR TELEPHONE OR TEXT MESSAGING DEVICE; AND TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO DRIVE A MOTOR VEHICLE THROUGH A SCHOOL ZONE WHILE USING A CELLULAR TELEPHONE OR TEXT MESSAGING DEVICE WHEN THE SCHOOL ZONE'S WARNING LIGHTS HAVE BEEN ACTIVATED.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the previously proposed amendment proposed by Senators SHEHEEN and THURMOND as printed in the Journal of March 12, 2014.
On motion of Senator THURMOND, the previously proposed amendment was withdrawn.
Senator THURMOND asked unanimous consent to make a motion to take up a further amendment pursuant to the provisions of Rule 26B.
Senator MALLOY objected to further consideration of the Bill.
H. 4482 (Word version) -- Rep. Ridgeway: A BILL TO AMEND ARTICLE 9, CHAPTER 1, TITLE 1 OF THE 1976 CODE, RELATING TO STATE EMBLEMS, BY ADDING SECTION 1-1-712A, SO AS TO DESIGNATE THE COLUMBIAN MAMMOTH AS THE OFFICIAL STATE FOSSIL.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.
The Committee on Judiciary proposed the following amendment (JUD4482.001), which was adopted:
Amend the bill, as and if amended, by striking the bill in its entirety and inserting therein the following:
TO AMEND ARTICLE 9, CHAPTER 1, TITLE 1 OF THE 1976 CODE, RELATING TO STATE EMBLEMS, BY ADDING SECTION 1-1-712A, SO AS TO DESIGNATE THE COLUMBIAN MAMMOTH AS THE OFFICIAL STATE FOSSIL.
Whereas, giant mammoths used to roam South Carolina; and
Whereas, scientists have identified the fossils of about six hundred and fifty species of vertebrates in South Carolina to date; and
Whereas, it has been recognized that fossilized mammoth teeth were discovered in a swamp in South Carolina in 1725; and
Whereas, this discovery has been credited as the first scientific identification of a North American vertebrate fossil. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 9, Chapter 1, Title 1 of the 1976 Code is amended by adding:
"Section 1-1-712A. The Columbian Mammoth is designated as the official State Fossil of South Carolina."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senators MASSEY and JOHNSON explained the committee amendment.
The committee amendment was adopted.
Senator BRYANT proposed the following amendment (4482R007.KLB), which was ruled out of order:
Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:
/ SECTION . Article 9, Chapter 1, Title 1 of the 1976 Code is amended by adding:
Section 1-1-724. The official state passage from an ancient historical text is:
'And God said, Let the earth bring forth the living creature after his kind, cattle, and creeping thing, and beast of the earth after his kind: and it was so. And God made the beast of the earth after his kind, and cattle after their kind, and every thing that creepeth upon the earth after his kind: and God saw that it was good.
And God saw every thing that he had made, and, behold, it was very good. And the evening and the morning were the sixth day.' /
Renumber sections to conform.
Amend title to conform.
Senator BRYANT explained the amendment.
Senator LOURIE raised a Point of Order under Rule 24A that the amendment was out of order inasmuch as it was not germane to the Bill.
Senator BRYANT spoke on the Point of Order.
The PRESIDENT sustained the Point of Order.
The amendment was ruled out of order.
Senator FAIR objected to further consideration of the Bill.
S. 1111 (Word version) -- Senators Alexander, O'Dell, Pinckney, Lourie, Hayes and Kimpson: A CONCURRENT RESOLUTION TO DESIGNATE THE MONTH OF MAY 2014 AS "MENTAL HEALTH MONTH" IN SOUTH CAROLINA AND TO RAISE AWARENESS AND UNDERSTANDING OF MENTAL ILLNESS AND THE NEED FOR APPROPRIATE AND ACCESSIBLE SERVICES FOR ALL PEOPLE WITH MENTAL ILLNESS.
The Concurrent Resolution was adopted, ordered sent to the House.
H. 4385 (Word version) -- Rep. Parks: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF UNITED STATES HIGHWAY 178 IN GREENWOOD COUNTY FROM ITS INTERSECTION WITH "MAYS CROSSROADS" TO ITS INTERSECTION WITH UNITED STATES HIGHWAY 25 "DR. BENJAMIN E. MAYS HIGHWAY", AND THAT APPROPRIATE MARKERS OR SIGNS BE ERECTED ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "DR. BENJAMIN E. MAYS HIGHWAY".
The Concurrent Resolution was adopted, ordered returned to the House.
S. 1110 (Word version) -- Senators McElveen and Johnson: A CONCURRENT RESOLUTION TO WELCOME THE SUMTER SCHOOL DISTRICT TEACHER FORUM TO THE SOUTH CAROLINA STATE HOUSE AND TO PROCLAIM APRIL 7, 2014, "SUMTER TEACHER FORUM CELEBRATION OF EXCELLENCE DAY" IN SOUTH CAROLINA.
The Concurrent Resolution was adopted, ordered sent to the House.
H. 4902 (Word version) -- Reps. Norrell, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Bedingfield, Bernstein, Bingham, Bowen, Bowers, Branham, Brannon, G.A. Brown, R.L. Brown, Burns, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, H.A. Crawford, K.R. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Edge, Erickson, Felder, Finlay, Forrester, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hardwick, Harrell, Hart, Hayes, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Kennedy, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, M.S. McLeod, W.J. McLeod, Merrill, Mitchell, D.C. Moss, V.S. Moss, Munnerlyn, Murphy, Nanney, Neal, Newton, Norman, R.L. Ott, Owens, Parks, Patrick, Pitts, Pope, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sabb, Sandifer, Sellers, Simrill, Skelton, G.M. Smith, G.R. Smith, J.E. Smith, J.R. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Vick, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Wood: A CONCURRENT RESOLUTION TO RECOGNIZE THE IMPORTANCE OF MIDDLE-LEVEL EDUCATION, TO HONOR THE CONTRIBUTIONS OF THOSE WHO EDUCATE THIS UNIQUE AGE GROUP, AND TO DECLARE MARCH 2014 "MIDDLE-LEVEL EDUCATION MONTH" IN SOUTH CAROLINA.
The Concurrent Resolution was adopted, ordered returned to the House.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
S. 866 (Word version) -- Senators L. Martin and Campsen: A BILL TO AMEND CHAPTER 5, TITLE 7, SOUTH CAROLINA CODE OF LAWS, 1976, RELATING TO COUNTY ELECTION COMMISSIONS AND BOARDS OF VOTER REGISTRATION, TO REPLACE CURRENT COUNTY ELECTION COMMISSIONS AND REGISTRATION BOARDS, TO DEVOLVE THEIR RESPONSIBILITIES AND AUTHORITY TO A COMBINED BOARD OF VOTER REGISTRATION AND ELECTIONS FOR EACH COUNTY, TO PROVIDE FOR THE APPOINTMENT OF BOARD MEMBERS, AND TO ESTABLISH TERMS, DUTIES, AND AUTHORITY FOR THE BOARDS; TO REPEAL SECTION 7-5-35 AND SECTION 7-13-70; AND TO REPEAL CHAPTER 27, TITLE 7 RELATING TO INDIVIDUAL COUNTY BOARDS AND COMMISSIONS.
Senator PEELER moved that the Bill be set for Special Order.
Senator LARRY MARTIN argued in favor of the motion to make the
Bill a Special Order and Senator SHANE MARTIN argued contra.
Senator SHANE MARTIN asked unanimous consent to extend the time to speak contra to the motion.
There was no objection.
The question then was the motion to set the Bill for Special Order.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Allen Bennett Campsen Coleman Courson Cromer Davis Fair Gregory Hayes Hembree Hutto Jackson Johnson Kimpson Leatherman Martin, Larry Massey Matthews McElveen McGill Nicholson Peeler Rankin Reese Scott Setzler Shealy Thurmond Turner Verdin Williams Young
Bright Bryant Cleary Corbin Grooms Malloy Martin, Shane Pinckney
Having received the necessary votes, the Bill was set for Special Order.
On motion of Senator COURSON, with unanimous consent, the Senate agreed that, when the Senate adjourns today, it stand adjourned to meet at 12:15 P.M. tomorrow for the purpose of attending the Joint Assembly. At the conclusion of the Joint Assembly, the Senate will reconvene at 2:30 P.M.
On motion of Senator SHANE MARTIN, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Timothy R. Gowan of Roebuck, S.C. Tim touched every life with which he came in contact. He loved the outdoors and NASCAR. Tim was a long time employee and the last President of Community Cash. He was a loving husband and devoted father.
On motion of Senator JOHNSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of the Honorable Gregory A. Witherspoon of Manning, S.C. Mr. Witherspoon was a member of Manning City Council and Ebenezer Baptist Church. He was a wonderful man who will be dearly missed.
At 3:03 P.M., on motion of Senator COURSON, the Senate adjourned to meet tomorrow at 12:15 P.M.
Senator BRIGHT desired to be recorded as voting against adjournment.
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