Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:
Our thought for today is from 1 Peter 4:6: "Humble yourselves therefore under the mighty hand of God."
Let us pray. God of compassion, help us attend to this day's business and confront this day's challenges with the confidence that Your love and power are greater than our abilities and our needs. May we be charged up to complete the work at hand. Bless our work which we do for the people of this State. Look in favor upon our Nation, President, State, Governor, Speaker, this Honorable Assembly, and all who labor in these Halls of Government. Protect our defenders of freedom at home and abroad as they protect us. In the name of our Lord. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. FUNDERBURK moved that when the House adjourns, it adjourn in memory of J. W. Parker, Jr., of Camden, which was agreed to.
On motion of Rep. LEACH, with unanimous consent, the following were taken up for immediate consideration and accepted:
May 20, 2008
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the Friends of Rep. James Smith, the Members and attaches of the House of Representatives are invited to a Welcome Home Reception honoring Rep. James Smith. This event will be held on Wednesday, May 28, 2008, from 6:00 p.m. until 8:00 p.m. at the Carolina Walk at Williams Brice Stadium.
Sincerely,
Bernie Baum
Chairman
The following was received and referred to the appropriate committee for consideration:
Document No. 3209
Agency: State Board of Education
Statutory Authority: 1976 Code Sections 59-5-60, 59-67-20, 59-67-410, and 59-67-570
Operation of Public Pupil Transportation Services
Received by Speaker of the House of Representatives
May 21, 2008
Referred to Education and Public Works Committee
Legislative Review Expiration April 27, 2009
The following was received:
Columbia, S.C., May 20, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 4735:
H. 4735 (Word version) -- Reps. Harrell, Cato, Funderburk, Loftis, Sandifer, Thompson, Owens, Harvin, Bedingfield, Leach, Bales, Whipper and R. Brown: A JOINT RESOLUTION TO CREATE THE SOUTH CAROLINA EDUCATIONAL BROADBAND SERVICE COMMISSION FOR THE PURPOSE OF OBTAINING AND EVALUATING PROPOSALS FROM COMMERCIAL ENTITIES FOR THE LEASING OF SPECTRUM CAPACITY LICENSED TO THE SOUTH CAROLINA EDUCATIONAL TELEVISION NETWORK, TO PROVIDE A PROCESS FOR APPROVAL OF THE LEASES, TO PROVIDE THAT ANY REVENUE RECEIVED FROM THE LEASE OF SPECTRUM CAPACITY SHALL BE DEPOSITED INTO THE STATE GENERAL FUND, TO EXEMPT THE LEASES FROM THE CONSOLIDATED PROCUREMENT CODE, AND TO PROVIDE FOR THE MEMBERSHIP, POWERS, AND DUTIES OF THE COMMISSION.
and has ordered the Joint Resolution enrolled for ratification.
Very respectfully,
President
Received as information.
The following was received from the Senate:
Columbia, S.C., May 20, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H. 3798:
H. 3798 (Word version) -- Rep. G. R. Smith: A BILL TO AMEND SECTION 20-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A PERSON WHO MAY PERFORM MARRIAGE CEREMONIES, SO AS TO ALSO INCLUDE THE CHIEF OF A NATIVE AMERICAN INDIAN ENTITY RECOGNIZED BY THE SOUTH CAROLINA COMMISSION FOR MINORITY AFFAIRS.
Very respectfully,
President
On motion of Rep. HARRISON, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. G. R. SMITH, HAGOOD and MCLEOD to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
S. 1104 (Word version) -- Senator McConnell: A BILL TO AMEND CHAPTER 71 OF TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-242, SO AS TO PROVIDE FOR THE DEFINITION OF THE TERMS "ACTUAL CHARGE" OR "ACTUAL FEE" WHEN USED IN INDIVIDUAL OR GROUP SPECIFIED DISEASE INSURANCE POLICIES AND TO REQUIRE THAT NO INSURER OR ISSUER OF ANY INDIVIDUAL OR GROUP SPECIFIED DISEASE INSURANCE POLICY PAY ANY CLAIM OR BENEFITS UNDER THE APPLICABLE POLICY IN AN AMOUNT IN EXCESS OF ACTUAL CHARGE OR ACTUAL FEE AS DEFINED.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
S. 1082 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 38-72-65, 38-72-67, AND 38-72-69 SO AS TO PROVIDE FOR RESCINDING AND ISSUING LONG TERM CARE INSURANCE POLICIES, AND TO REQUIRE THE LICENSING AND TRAINING OF A PRODUCER OF THESE POLICIES; TO AMEND SECTION 38-72-40, RELATING TO DEFINITIONS CONTAINED IN THE LONG TERM CARE INSURANCE ACT, SO AS TO FURTHER DEFINE "LONG TERM CARE INSURANCE", AND TO DEFINE THE TERM "QUALIFIED LONG TERM CARE INSURANCE CONTRACT" OR "FEDERALLY TAX-QUALIFIED LONG TERM CARE INSURANCE CONTRACT"; TO AMEND SECTION 38-72-60, RELATING TO THE APPROVAL OF REGULATIONS, TERMS, AND CONDITIONS APPLICABLE TO A LONG TERM CARE INSURANCE POLICY AND GROUP POLICY, AND ADVERTISING RESTRICTIONS, SO AS TO PROVIDE THE ELEMENTS OF WHAT THESE POLICIES MAY INCLUDE AND THE CONDITIONS THAT MUST BE MET, AND ADDITIONAL ITEMS THAT MUST BE FURNISHED TO A POLICYHOLDER IN A MONTHLY REPORT; TO AMEND SECTION 38-72-70, RELATING TO THE ADOPTION OF REGULATIONS, SO AS TO AUTHORIZE THE DIRECTOR OF INSURANCE TO ISSUE CERTAIN REGULATIONS TO PROTECT A POLICYHOLDER IF THERE IS A SUBSTANTIAL RATE INCREASE AND ESTABLISH MINIMUM STANDARDS FOR PRODUCER EDUCATION, MARKETING PRACTICES, PENALTIES, AND REPORTING PRACTICES FOR LONG TERM CARE; AND TO AMEND SECTION 38-72-80, RELATING TO THE APPLICATION OF THIS CHAPTER, SO AS TO PROVIDE A SEVERABILITY PROVISION.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
S. 1131 (Word version) -- Senator Thomas: A BILL TO AMEND SECTIONS 38-43-20, 38-43-70, BOTH AS AMENDED, 38-43-75, 38-43-80, AS AMENDED, 38-43-100, 38-43-101, BOTH AS AMENDED, 38-43-102, 38-43-106, 38-43-107, 38-43-110, 38-43-130, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO INSURANCE PRODUCERS AND AGENCIES, SO AS TO CLARIFY LANGUAGE THAT AN EMPLOYEE OF A LICENSED PRODUCER WHO PERFORMS ONLY CLERICAL DUTIES MAY NOT SIGN AN APPLICATION FOR INSURANCE; TO PROVIDE THAT UNLESS DENIED LICENSURE A NONRESIDENT PERSON SHALL RECEIVE A NONRESIDENT PRODUCER'S LICENSE WITH THE SAME LINES OF AUTHORITY HELD IN THE PRODUCER'S HOME STATE; TO PROVIDE THAT LIMITED LINE INSURANCE INCLUDES CREDIT INSURANCE; TO PROVIDE FOR THE DEFINITION OF "BIENNIAL APPOINTMENT FEE", PROVIDE FOR THE PAYMENT OF THE FEE IF REJECTED BY A BANK, DELETE THE ADMINISTRATIVE FEE, AND AUTHORIZE PAY OF FEES BY A CREDIT OR DEBIT CARD; TO REQUIRE ALL APPLICANTS FOR A PRODUCER'S LICENSE TAKE AN EXAMINATION AND DELETE THE WAIVER OR EXEMPTION FOR CERTAIN APPLICANTS; TO PROVIDE THAT A PRODUCER MAY NOT TAKE THE SAME CONTINUING EDUCATION COURSE AND CASUALTY-LICENSED INSURANCE PRODUCER COURSE FOR CONTINUING EDUCATION CREDIT MORE THAN ONE TIME IN A BIENNIAL COMPLIANCE PERIOD AND PROVIDE FOR THE NONWAIVER OF CONTINUING EDUCATION REQUIREMENTS; TO PROVIDE THAT INDIVIDUAL LICENSES CONTINUE ON A BIENNIAL BASIS ON THE LICENSEE'S MONTH OF BIRTH; AND TO REDEFINE THE ELEMENTS OF "DECEIVE OR DEALT UNJUSTLY WITH THE CITIZENS OF THE STATE"; TO AMEND SECTIONS 38-45-20, 38-45-30, BOTH AS AMENDED, AND SECTION 38-45-90, ALL RELATING TO BROKERS AND SURPLUS LINES, SO AS TO REQUIRE A PROPERTY AND CASUALTY-LICENSED INSURANCE PRODUCER TO PASS THE SOUTH CAROLINA BROKER LICENSING EXAMINATION IN ORDER TO BE LICENSED AS A BROKER AND TO PROVIDE PAYMENT OF THE BROKER'S PREMIUM TAX; AND TO REPEAL SECTION 38-43-105 RELATING TO EDUCATION REQUIREMENTS FOR LOCAL AND GENERAL PRODUCERS.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
S. 1141 (Word version) -- Senators McConnell, Rankin, Martin, Leventis, Peeler, Alexander, Hayes, Setzler, Hutto, Ceips, Knotts and Malloy: A BILL TO AMEND SECTION 12-36-2110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CALCULATION OF TAX ON MANUFACTURED HOMES, SO AS TO REFINE THE DEFINITION OF A MANUFACTURED HOME THAT IS SUBJECT TO A MAXIMUM SALES TAX BECAUSE IT MEETS CERTAIN ENERGY EFFICIENCY STANDARDS; AND TO AMEND CHAPTER 52, TITLE 48, BY ADDING ARTICLE 10 SO AS TO ESTABLISH AN INCENTIVE PROGRAM FOR THE PURCHASE AND INSTALLATION OF ENERGY EFFICIENT MANUFACTURED HOMES IN SOUTH CAROLINA.
Ordered for consideration tomorrow.
Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:
S. 1150 (Word version) -- Senator Verdin: A BILL TO AMEND SECTION 50-13-1630 OF THE 1976 CODE, RELATING TO UNLAWFUL IMPORTATION, POSSESSION, OR SELLING OF CERTAIN FISH AND SPECIAL PERMITS FOR RESEARCH, TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MUST PERFORM A STERILITY TEST ON WHITE AMUR OR GRASS CARP HYBRIDS PERMITTED TO BE RELEASED INTO THE WATERS OF THIS STATE, TO PROVIDE THAT THE DEPARTMENT MAY CHARGE A FEE FOR THE STERILITY TEST TO OFFSET THE COSTS OF THE STERILITY TEST, TO PROVIDE THAT THE DEPARTMENT MAY ISSUE A PERMIT FOR THE IMPORTATION, BREEDING, AND POSSESSION OF NON-STERILE WHITE AMUR OR GRASS CARP HYBRIDS, AND TO PROVIDE THAT NON-STERILE WHITE AMUR AND GRASS CARP HYBRIDS IMPORTED, BRED, OR POSSESSED MAY NOT BE RELEASED INTO THE WATERS OF THIS STATE.
Ordered for consideration tomorrow.
Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:
S. 873 (Word version) -- Senators Knotts and O'Dell: A BILL TO AMEND SECTION 50-9-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING LICENSES FOR SMALL GAME GENERALLY; AND TO AMEND SECTION 50-9-540, RELATING TO STATEWIDE FISHING LICENSES, SO AS TO REDUCE THE FEE FOR A STATEWIDE HUNTING LICENSE, A STATEWIDE FISHING LICENSE, AND A STATEWIDE COMBINATION LICENSE FOR MEMBERS OF THE UNITED STATES ARMED SERVICES WHO ARE CONSIDERED RESIDENTS OF THIS STATE.
Ordered for consideration tomorrow.
Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:
H. 5029 (Word version) -- Reps. Witherspoon and Loftis: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL UNDERTAKE THE ACTIONS PRESCRIBED AND REQUIRED BY THE SOUTH CAROLINA ADMINISTRATIVE PROCEDURES ACT TO PROMULGATE, AS REGULATIONS, THOSE POLICIES OF THE SOUTH CAROLINA COASTAL ZONE MANAGEMENT PLAN THAT ARE BOTH RELEVANT AND APPROPRIATE.
Ordered for consideration tomorrow.
Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:
S. 691 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 50-11-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR BUYING, SELLING, OR DISPLAYING FOR SALE CARCASSES OR PARTS OF WILD RABBITS IN GAME ZONES 2 AND 4, SO AS TO MAKE SUCH CONDUCT UNLAWFUL STATEWIDE AND TO INCREASE THE PENALTY TO A MAXIMUM OF FIVE HUNDRED DOLLARS; BY ADDING SECTION 50-11-300 SO AS TO DESIGNATE WHICH SPECIES CONSTITUTE BIG GAME; TO AMEND SECTION 50-11-520, AS AMENDED, RELATING TO THE STUDY OF GAME ZONES RESTOCKED WITH WILD TURKEYS AND THE AUTHORITY OF THE DEPARTMENT OF NATURAL RESOURCES TO SET OPEN AND CLOSED SEASONS ON MALE WILD TURKEYS, SO AS TO ALSO ENABLE THE DEPARTMENT TO SET OTHER OPEN AND CLOSED SEASONS; TO AMEND SECTION 50-11-565, AS AMENDED, RELATING TO THE USE OF CROSS BOWS, SO AS TO STRIKE THE ENTIRE SECTION AND PROVIDE A DEFINITION OF ARCHERY EQUIPMENT AS USED IN THIS TITLE; TO AMEND SECTION 50-13-385, RELATING TO THE MINIMUM SIZE OF LARGEMOUTH BASS FROM LAKES MARION, MOULTRIE, AND WYLIE THAT A PERSON MAY TAKE OR POSSESS, SO AS TO INCLUDE ALL OF LAKE WYLIE INSTEAD OF THE PORTION OF LAKE WYLIE LOCATED IN YORK COUNTY AND IN GAME ZONE 4; TO AMEND SECTION 50-11-708, AS AMENDED, RELATING TO THE USE OF ARTIFICIAL LIGHTS TO OBSERVE OR HARASS WILDLIFE, SO AS TO PROVIDE THAT A LESSEE MAY USE ARTIFICIAL LIGHTS TO PROTECT HIS PROPERTY; TO AMEND SECTION 50-21-125, AS AMENDED, RELATING TO RESTRICTIONS ON SWIMMING NEAR A PUBLIC BOAT LANDING OR RAMP IN THE VICINITY OF A HYDROELECTRIC GENERATION UTILITY AND THE ESTABLISHMENT OF A NO WAKE ZONE, SO AS TO ELIMINATE THE REQUIREMENT THAT THE DEPARTMENT SHALL ISSUE AND POST SIGNS IN THE NO WAKE ZONE INFORMING THE PUBLIC OF THE NO WAKE ZONE; TO AMEND SECTION 50-21-180, AS AMENDED, RELATING TO THE PROHIBITION OF RIDING SURFBOARDS NEAR FISHING PIERS IN GAME ZONE 7 AND GEORGETOWN COUNTY, SO AS TO MAKE SUCH CONDUCT UNLAWFUL STATEWIDE; TO REPEAL SECTION 50-3-360 RELATING TO ADDITIONAL DEPUTY ENFORCEMENT OFFICERS FOR GAME ZONE 2; TO REPEAL SECTION 50-11-30 RELATING TO THE AUTHORITY OF THE DEPARTMENT TO REGULATE WILD TURKEY HUNTING; TO REPEAL SECTION 50-11-550 RELATING TO THE UNLAWFUL DISCHARGE OF A WEAPON OTHER THAN A SHOTGUN DURING CERTAIN TIMES OF YEAR IN CERTAIN AREAS; TO REPEAL SECTION 50-13-20 RELATING TO LAWFUL METHODS OF CATCHING FISH IN CERTAIN LAKES AND BOYD'S MILL POND IN GAME ZONE 2; TO REPEAL SECTION 50-13-65 RELATING TO AUTHORIZATION OF CLOSED SEASON ON STREAMS IN GAME ZONE 1; TO REPEAL SECTION 50-13-90 RELATING TO CLOSED SEASON ON TROUT; TO REPEAL SECTION 50-13-980 RELATING TO PRESUMPTION FROM POSSESSION OF FISH IN EXCESS OF LEGAL LIMITS; TO REPEAL SECTION 50-13-1010 RELATING TO THE APPLICATION OF PROVISIONS IN ARTICLE 6; TO REPEAL SECTION 50-13-1020 AND CERTAIN DEFINITIONS; TO REPEAL SECTION 50-19-2220 RELATING TO CERTAIN WATERS OF THE SAVANNAH RIVER; TO REPEAL SECTION 50-19-2230 RELATING TO AMENDMENTS AND ADDITIONS TO FISHING REGULATIONS IN CERTAIN WATERS OF THE SAVANNAH RIVER; AND TO REPEAL SECTION 50-19-3010 RELATING TO LAWFUL METHODS FOR CATCHING FISH IN FAIRFOREST CREEK IN UNION AND SPARTANBURG COUNTIES.
Ordered for consideration tomorrow.
On motion of Rep. MILLER, with unanimous consent, the following was taken up for immediate consideration:
H. 5169 (Word version) -- Rep. Miller: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE WACCAMAW HIGH SCHOOL VARSITY BOYS TENNIS TEAM OF GEORGETOWN COUNTY, WITH THEIR COACHES AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND COMMENDED FOR CAPTURING THE 2008 SOUTH CAROLINA CLASS AA STATE CHAMPIONSHIP TITLE.
Be it resolved by the House of Representatives:
That the privilege of the floor of the South Carolina House of Representatives be extended to Waccamaw High School varsity boys tennis team of Georgetown County, with their coaches and school officials, at a date and time to be determined by the Speaker, for the purpose of being recognized and commended for capturing the 2008 Class AA State Championship title.
The Resolution was adopted.
The following was introduced:
H. 5170 (Word version) -- Rep. Miller: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE WACCAMAW HIGH SCHOOL BOYS VARSITY TENNIS TEAM OF GEORGETOWN COUNTY FOR A SUCCESSFUL SEASON, AND TO CONGRATULATE THE PLAYERS AND COACHES FOR CLAIMING THE 2008 CLASS AA STATE CHAMPIONSHIP TITLE.
The Resolution was adopted.
The following was introduced:
H. 5171 (Word version) -- Rep. Toole: A CONCURRENT RESOLUTION TO CONGRATULATE RYAN THADDEUS BRISTOW OF LEXINGTON COUNTY FOR ACHIEVING THE ELITE RANK OF EAGLE SCOUT, AND TO WISH HIM EVERY SUCCESS IN ALL HIS FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5172 (Word version) -- Rep. Ballentine: A HOUSE RESOLUTION TO RECOGNIZE AND CONGRATULATE ASHLYN ELLEN RUCZKO OF LEXINGTON COUNTY ON BEING SELECTED TO RECEIVE THE 2008 JOHN DEWEY WINBURN, JR., SCHOLARSHIP AND TO WISH HER SUCCESS AS SHE EMBARKS ON HER COLLEGE CAREER AT CLEMSON UNIVERSITY.
The Resolution was adopted.
On motion of Rep. LEACH, with unanimous consent, the following was taken up for immediate consideration:
H. 5173 (Word version) -- Rep. Leach: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE SACRIFICE, LOVE, AND DEDICATION OF THE GRANDPARENTS IN SOUTH CAROLINA WHO ARE RAISING THEIR GRANDCHILDREN, AND TO DECLARE MAY 2008 GRANDPARENTS RAISING GRANDCHILDREN MONTH THROUGHOUT THE STATE.
Whereas, the members of the South Carolina House of Representatives are grateful to the almost one hundred thousand grandparents in South Carolina who are living with grandchildren under the age of eighteen; and
Whereas, nearly fifty-six thousand grandparents have daily and primary-care responsibility for one or more grandchildren; and
Whereas, more than half of the state's grandparents raising grandchildren are still in the labor force; and
Whereas, thirty percent of these grandparents are beyond the age of sixty and thirty percent live below the poverty level; and
Whereas, the South Carolina Youth Workers Association in partnership with the Lieutenant Governor's Office on Aging, AARP South Carolina, Capitol Senior Center, and the South Carolina Educational Resource Center for Missing and Exploited Children at Greenville Technical College are bringing professionals together to become aware of emerging challenges presented by grandparents raising grandchildren and of current interventions; and
Whereas, members of the South Carolina House of Representatives commend the grandparents in South Carolina who are raising grandchildren in spite of the obstacles they face and recognize May 2008 as Grandparents Raising Grandchildren Month. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the South Carolina House of Representatives, by this resolution, recognize and honor the sacrifice, love, and dedication of the grandparents in South Carolina who are raising their grandchildren, and declare May 2008 Grandparents Raising Grandchildren Month throughout the State.
The Resolution was adopted.
The following was introduced:
H. 5174 (Word version) -- Reps. Harrell, Merrill, Bingham, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Daning, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A HOUSE RESOLUTION TO CONGRATULATE DR. ANDREW A. SORENSEN, PRESIDENT OF THE UNIVERSITY OF SOUTH CAROLINA, UPON THE OCCASION OF HIS RETIREMENT, TO COMMEND HIM FOR HIS SIX YEARS OF DEDICATED SERVICE, AND TO WISH HIM MUCH SUCCESS AND FULFILLMENT IN ALL HIS FUTURE ENDEAVORS.
Whereas, it is with great pleasure that the South Carolina House of Representatives honors those individuals who give tirelessly of themselves to the welfare of this great State's citizenry; and
Whereas, Dr. Andrew A. Sorensen, retiring president of the University of South Carolina, stands among their number as an outstanding public benefactor, one much admired in his role as both teacher and administrator; and
Whereas, in preparation for his life's work, he earned a bachelor's degree in ethics and master's and doctoral degrees in medical sociology at Yale University. He also holds a bachelor's degree in history from the University of Illinois and a master's degree in public health from the University of Michigan; and
Whereas, prior to being named the twenty-seventh president of the University of South Carolina in May 2002, Dr. Sorensen served as president of the University of Alabama, provost and vice president for academic affairs at the University of Florida, executive director of the AIDS Institute at the Johns Hopkins Medical Institutions, and dean of the School of Public Health at the University of Massachusetts at Amherst. He also has served as a visiting faculty member at the Harvard University School of Medicine and the University of Cambridge School of Medicine; and
Whereas, author or editor of eight books and more than one hundred articles, this Pittsburgh native has garnered numerous awards during a long and illustrious career, including Yale University Divinity School's Alumni Association Award for Distinguished Community Service, the Greater Columbia Chamber of Commerce Ambassador of the Year Award, and honorary degrees from the University of Illinois-Urbana/Champaign and the Medical University of South Carolina; and
Whereas, among his many other contributions to the State of South Carolina and beyond are service as president of the Southeastern Conference, chair of the Health Sciences South Carolina board, and member of the National Board of Public Health Examiners; and
Whereas, known among University of South Carolina students for his signature bow tie, Dr. Sorensen has endeared himself to them through his willingness to listen to their concerns. This genuine caring and his well-known skill as an administrator have enabled him to accomplish much in his six-year tenure at the university; and
Whereas, he has pushed for research projects that have built USC's academic credentials, and his vision of Innovista, "the research district of the next 100 years," is attracting internationally renowned scientists. An acknowledged bridge builder, he has forged new relationships with sister research institutions in this great State, as well as with local authorities, that have benefited all concerned. As a result of his unceasing labors, the university is more focused, energized, and ambitious than ever before; and
Whereas, at home, he and his wife, Donna, raised a fine family of two sons, Aaron and Benjamin, and now enjoy the pleasure of a grandson, Art. When leisure time offers, Dr. Sorensen sails, skis, bicycles, and reads stories with his grandson. The Sorensens are members of Eastminster Presbyterian Church in Columbia; and
Whereas, during his well-earned retirement, while the House knows Dr. Sorensen will be teaching at the University of South Carolina School of Medicine, the members hope he will find himself bicycling more frequently with Art, whom he taught to ride a couple of summers ago while on a family vacation in Chautauqua, New York; and
Whereas, having created a worthy legacy for his successor and set the bar of achievement extraordinarily high, Dr. Sorensen will be remembered with affection and gratitude by colleagues, faculty, students, alumni, legislative friends, and the citizens of South Carolina at large for years to come. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the South Carolina House of Representatives, by this resolution, congratulate Dr. Andrew A. Sorensen, president of the University of South Carolina, upon the occasion of his retirement, commend him for his six years of dedicated service, and wish him much success and fulfillment in all his future endeavors.
Be it further resolved that a copy of this resolution be forwarded to Dr. Andrew Sorensen.
The Resolution was adopted.
The following was introduced:
H. 5175 (Word version) -- Reps. Kirsh, Delleney, Gullick, Moody-Lawrence, Moss, Simrill, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Daning, Dantzler, Davenport, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A HOUSE RESOLUTION TO COMMEND THE HONORABLE J. MICHAEL "MICK" MULVANEY FOR HIS TWO YEARS OF COMMITTED SERVICE TO THE CITIZENS OF DISTRICT 45 IN LANCASTER AND YORK COUNTIES, AND TO WISH HIM CONTENTMENT AND SUCCESS IN ALL HIS FUTURE ENDEAVORS.
Whereas, for two years, the Honorable J. Michael "Mick" Mulvaney has represented the citizens of House District 45 in Lancaster and York counties with faithful integrity in the House of Representatives of this great State; and
Whereas, to prepare himself for a multifaceted career, he completed his undergraduate studies at Georgetown University and earned his law degree at the University of North Carolina-Chapel Hill, with further postgraduate work at Harvard Business School; and
Whereas, during his years in the House of Representatives, Mick Mulvaney, the first member of his party to win a House seat in District 45, has proven his worth as a member of both the Judiciary Committee and the Interstate Cooperation Committee, which he serves as treasurer; and
Whereas, Representative Mulvaney believes in giving back to his community and freely does so in voluntary service to a number of organizations. While working as a real estate developer, he finds time to serve on the University of South Carolina-Lancaster Board of Visitors, Springs Memorial Hospital Board of Trustees, Lancaster County Chamber of Commerce Board of Directors, and United Way Lancaster County Board of Directors. He also serves as president of Indian Land Business Council and holds membership with Indian Land Action Council, Indian Land Rotary Club Board of Directors, and Fort Mill Chamber of Commerce; and
Whereas, as a proud husband and father, he finds his beloved wife, Pamela, and his three children a blessing. He draws his strength from their strong support and from his faith, nurtured through worship at St. Philip Neri Catholic Church; and
Whereas, Mick Mulvaney's colleagues in the House of Representatives, understanding that he will not seek re-election, thank him for his dedicated service to the people of District 45 and extend heartiest wishes for all the best life has to offer in the coming years. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the South Carolina House of Representatives, by this resolution, commend the Honorable J. Michael "Mick" Mulvaney for his two years of committed service to the citizens of District 45 in Lancaster and York counties, and wish him contentment and success in all his future endeavors.
Be it further resolved that a copy of this resolution be presented to our distinguished colleague, the Honorable J. Michael "Mick" Mulvaney.
The Resolution was adopted.
The following Bill was introduced, read the first time, and referred to appropriate committee:
H. 5176 (Word version) -- Reps. F. N. Smith and J. H. Neal: A BILL TO AMEND SECTION 5-7-12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION AND JURISDICTION OF SCHOOL RESOURCE OFFICERS, SO AS TO PROVIDE FOR THE ISSUANCE OF A COURTESY SUMMONS TO A STUDENT INVOLVED IN AN INCIDENT AT A SCHOOL ACTIVITY OR SCHOOL-SPONSORED EVENT UNLESS IT INVOLVES A GANG-RELATED INCIDENT OR DRUG OR WEAPONS CRIME.
Referred to Committee on Judiciary
The following was introduced:
H. 5177 (Word version) -- Rep. Allen: A HOUSE RESOLUTION TO CONGRATULATE THE STUDENTS, FACULTY, STAFF, AND ADMINISTRATION OF WOODMONT HIGH SCHOOL IN GREENVILLE COUNTY ON BEING NAMED A 2008 RED CARPET SCHOOL.
The Resolution was adopted.
The following was introduced:
H. 5178 (Word version) -- Reps. Rice, Allen, Bannister, Bedingfield, Cato, Hamilton, Haskins, Leach, Loftis, G. R. Smith, F. N. Smith, Taylor, Agnew, Alexander, Anderson, Anthony, Bales, Ballentine, Barfield, Battle, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Daning, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hardwick, Harrell, Harrison, Hart, Harvin, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Limehouse, Littlejohn, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rutherford, Sandifer, Scarborough, Scott, Sellers, Simrill, Skelton, D. C. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A HOUSE RESOLUTION TO COMMEND THE HONORABLE PHILLIP W. SHOOPMAN OF GREENVILLE COUNTY FOR HIS TWO YEARS OF DEDICATED SERVICE AS A MEMBER OF THE HOUSE OF REPRESENTATIVES, AND TO WISH HIM WELL AS HE ACCEPTS NEW CHALLENGES IN THE DAYS AHEAD.
Whereas, for two years, the Honorable Phillip W. Shoopman has with distinction represented the citizens of House District 18, Greenville County, in the House of Representatives of this great State; and
Whereas, a professional engineer, Phillip Shoopman completed his undergraduate and graduate degrees at Purdue University; and
Whereas, prior to his election to the South Carolina House of Representatives, this committed public servant had already proven his worth to his community and State, serving as chairman of Greer Community Ministries, member of the State Board of Education, and vice chairman of public policy for the Greater Greer Chamber of Commerce, as well as chairman of the Greenville County Planning Commission, chairman of the Regional Air Quality Steering Committee, and president of the Greer Chamber of Commerce Leadership Greer Class XXIV. He was also a delegate to the 2004 Republican National Convention and presently is an active member of the Greer Lions Club; and
Whereas, during his tenure in the House, where he was named a Majority Whip, Rep. Shoopman served on the Agriculture, Natural Resources and Environmental Affairs Committee and was the only freshman appointed to the House Rules Committee. His labors in the House of Representatives have not gone unappreciated, as may be seen in his Friend of the Taxpayer award, with which he was honored in 2007; and
Whereas, Phillip Shoopman is devoted to his wife, Dawn, and their two children and remains grateful for his family's staunch support and loyalty. The Shoopmans hold membership at Greer First Baptist Church, a primary source of family strength and unity; and
Whereas, understanding that he will not seek re-election to the House of Representatives, his colleagues in that august body desire to extend to Phillip Shoopman their good wishes for all the best life has to offer in years to come. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the South Carolina House of Representatives, by this resolution, commend the Honorable Phillip W. Shoopman of Greenville County for his two years of dedicated service as a member of the House of Representatives, and wish him well as he accepts new challenges in the days ahead.
Be it further resolved that a copy of this resolution be presented to our distinguished colleague, the Honorable Phillip W. Shoopman.
The Resolution was adopted.
The following was introduced:
H. 5179 (Word version) -- Reps. Harrell, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Daning, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A HOUSE RESOLUTION TO RECOGNIZE THE MANY CONTRIBUTIONS TO THE WELL-BEING OF THE STATE OF SOUTH CAROLINA BY THE SOUTH CAROLINA TRUCKING ASSOCIATION AS IT CELEBRATES ITS SEVENTY-FIFTH ANNIVERSARY IN 2008.
The Resolution was adopted.
On motion of Rep. SELLERS, with unanimous consent, the following was taken up for immediate consideration:
H. 5180 (Word version) -- Rep. Sellers: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE BAMBERG-EHRHARDT HIGH SCHOOL BASEBALL TEAM, COACH, AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING AND COMMENDING THEM ON THEIR OUTSTANDING SEASON AND FOR CAPTURING THE 2008 CLASS A STATE CHAMPIONSHIP TITLE.
Be it resolved by the House of Representatives:
That the privilege of the floor of the South Carolina House of Representatives be extended to the Bamberg-Ehrhardt High School baseball team, coach, and school officials, at a date and time to be determined by the Speaker, for the purpose of recognizing and commending them on their outstanding season and for capturing the 2008 Class A State Championship title.
The Resolution was adopted.
The following was introduced:
H. 5181 (Word version) -- Rep. Sellers: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND THE BAMBERG-EHRHARDT HIGH SCHOOL BASEBALL TEAM FOR ITS OUTSTANDING SEASON AND FOR CAPTURING THE 2008 CLASS A STATE CHAMPIONSHIP TITLE.
The Resolution was adopted.
The following was introduced:
H. 5182 (Word version) -- Reps. Jefferson and Kennedy: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND IOLA PRINGLE WILLIAMS OF BERKELEY COUNTY FOR THE VITAL ROLE SHE CONTINUES TO HAVE ON THE PRINGLETOWN COMMUNITY, AND TO WISH HER WELL UPON THE OCCASION OF HER EIGHTY-EIGHTH BIRTHDAY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1383 (Word version) -- Senator Hutto: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES THE NORTH FORK EDISTO RIVER IN ORANGEBURG COUNTY ALONG UNITED STATES HIGHWAY 321 "CARSON BRIDGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "CARSON BRIDGE".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The roll call of the House of Representatives was taken resulting as follows:
Agnew Alexander Allen Anthony Bales Ballentine Bannister Barfield Battle Bedingfield Bingham Bowen Bowers Brady Branham Brantley Breeland G. Brown R. Brown Cato Chalk Clemmons Clyburn Cobb-Hunter Coleman Cooper Crawford Daning Dantzler Davenport Delleney Duncan Edge Frye Funderburk Gambrell Govan Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Hart Harvin Haskins Hayes Herbkersman Hiott Hodges Hosey Howard Hutson Jefferson Kelly Kennedy Kirsh Knight Leach Limehouse Littlejohn Loftis Lowe Lucas Mack Mahaffey McLeod Merrill Miller Moss Mulvaney J. M. Neal Neilson Ott Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Rice Sandifer Scarborough Scott Sellers Shoopman Skelton D. C. Smith F. N. Smith G. R. Smith J. E. Smith J. R. Smith W. D. Smith Spires Stewart Talley Taylor Thompson Toole Umphlett Vick Walker White Whitmire Williams Witherspoon Young
I came in after the roll call and was present for the Session on Wednesday, May 21.
Carl Anderson Bill Cotty Chip Huggins Bessie Moody-Lawrence Joseph Neal Gary Simrill G. Murrell Smith Jackson "Seth" Whipper David Weeks Leon Stavrinakis Shannon Erickson Douglas Jennings Thad Viers Harold Mitchell Todd Rutherford
Rep. VIERS signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, May 20.
Announcement was made that Dr. Robert R. Lebel of Greenwood was the Doctor of the Day for the General Assembly.
Reps. WALKER and DAVENPORT presented to the House the Boiling Springs High School "Bulldogs" Varsity Baseball Team, the 2008 Class AAAA Champions, their coaches and other school officials.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 5176 (Word version)
Date: ADD:
05/21/08 J. M. NEAL
Bill Number: H. 4493 (Word version)
Date: ADD:
05/21/08 HAGOOD
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments:
S. 472 (Word version) -- Senators Lourie, Courson, Vaughn, Alexander, Sheheen, Ryberg, Williams, Leventis, Cleary, Drummond, Mescher, Cromer, Hayes, Verdin, Grooms and Knotts: A BILL TO AMEND SECTION 56-5-2941 OF THE 1976 CODE, RELATING TO THE INSTALLATION OF IGNITION INTERLOCK DEVICES, TO PROVIDE THAT IN ADDITION TO OTHER PENALTIES IMPOSED ON A PERSON VIOLATING IMPAIRED DRIVING LAWS, THE COURT MUST REQUIRE THE PERSON TO HAVE AN IGNITION INTERLOCK DEVICE INSTALLED ON ANY VEHICLE REGISTERED AND LICENSED IN HIS NAME OR IN THE NAME OF A MEMBER OF HIS IMMEDIATE FAMILY, TO PROVIDE THAT THE COURT MAY WAIVE THE INSTALLATION REQUIREMENT FOR AN OFFENDER WHO HAS A MEDICAL CONDITION THAT MAKES HIM INCAPABLE OF PROPERLY OPERATING THE DEVICE, TO PROVIDE FOR THE LENGTH OF TIME THAT AN IGNITION INTERLOCK DEVICE MUST BE INSTALLED, TO PROVIDE THAT THE OFFENDER MUST HAVE HIS IGNITION INTERLOCK DEVICE INSPECTED EVERY SIXTY DAYS TO VERIFY THAT IT IS AFFIXED TO THE VEHICLE AND OPERATING PROPERLY, TO PROVIDE THAT THE COURT MUST GIVE THE DEPARTMENT OF MOTOR VEHICLES NOTICE OF AN ORDER IMPOSING THE REQUIREMENTS OF THIS ACT, TO PROVIDE A PROCESS BY WHICH A FOURTH OFFENDER MAY HAVE THE DEVICE REMOVED, TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON REQUIRED TO HAVE AN IGNITION INTERLOCK DEVICE ENDORSEMENT ON HIS LICENSE TO OPERATE A VEHICLE NOT EQUIPPED WITH AN IGNITION INTERLOCK DEVICE, TO PROVIDE THAT AN OFFENDER WHOSE JOB REQUIRES HIM TO DRIVE A VEHICLE OWNED BY HIS EMPLOYER MAY OPERATE THE EMPLOYER'S VEHICLE WITHOUT AN IGNITION INTERLOCK DEVICE INSTALLED, TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO TAMPER WITH OR DISABLE AN IGNITION INTERLOCK DEVICE, OR TO ATTEMPT TO TAMPER WITH OR DISABLE AN IGNITION INTERLOCK DEVICE, TO PROVIDE THAT IT IS UNLAWFUL FOR AN OFFENDER OR ANOTHER PERSON TO SOLICIT OR REQUEST SOMEONE TO ENGAGE AN IGNITION INTERLOCK DEVICE TO START A MOTOR VEHICLE, TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO ENGAGE AN IGNITION INTERLOCK DEVICE TO START A MOTOR VEHICLE FOR AN OFFENDER, TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES IS REQUIRED TO DEVELOP REGULATIONS GOVERNING THE CERTIFICATION, USE, MAINTENANCE, AND OPERATIONS OF INTERLOCK IGNITION DEVICES, TO PROVIDE THAT ONLY CERTIFIED DEVICES MAY BE USED, TO PROVIDE THAT THE DEPARTMENT MUST CERTIFY ALL BREATH TESTING IGNITION INTERLOCK DEVICES THAT MEET FEDERAL STANDARDS, TO PROVIDE THAT THE DEPARTMENT MUST MAINTAIN A LIST OF CERTIFIED DEVICES AND MANUFACTURERS, TO REQUIRE THAT DECERTIFIED DEVICES MUST BE REPLACED, TO PROVIDE THAT THE DEPARTMENT MUST MAKE AVAILABLE ON ITS INTERNET WEB SITE ITS POLICIES, PROCEDURES AND REGULATIONS CONCERNING IGNITION INTERLOCK DEVICES; TO AMEND SECTION 56-1-400, TO PROVIDE THAT WHEN THE DEPARTMENT OF MOTOR VEHICLES RETURNS OR ISSUES A NEW LICENSE TO AN OFFENDER WHOSE LICENSE WAS SUSPENDED FOR DRIVING UNDER THE INFLUENCE OF INTOXICANTS, THE LICENSE MUST CONTAIN A CONSPICUOUS ENDORSEMENT IDENTIFYING THE LICENSEE AS A PERSON WHO MAY ONLY DRIVE A VEHICLE WITH AN IGNITION INTERLOCK DEVICE INSTALLED; AND TO AMEND SECTION 56-5-2959, TO PROVIDE THAT SLED NO LONGER HAS TO POST CERTAIN INFORMATION CONCERNING IGNITION INTERLOCK SYSTEMS ON ITS INTERNET WEB SITE.
Rep. HARRISON moved to adjourn debate upon the following Bill, which was adopted:
S. 96 (Word version) -- Senators Sheheen and Fair: A BILL TO AMEND CHAPTER 6, TITLE 61 OF THE 1976 CODE BY ADDING SECTION 61-6-4155, TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO USE, OFFER FOR USE, PURCHASE, OFFER TO PURCHASE, SELL, OFFER TO SELL, OR POSSESS AN ALCOHOL WITHOUT LIQUID DEVICE, AND TO PROVIDE PENALTIES AND EXCEPTIONS.
Rep. DELLENEY moved to adjourn debate upon the following Bill, which was adopted:
S. 1221 (Word version) -- Senators Hutto and Massey: A BILL TO AMEND ARTICLE 3, CHAPTER 3, TITLE 22 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO CIVIL PROCEDURE IN MAGISTRATES COURT, SO AS TO DELETE SECTIONS THAT HAVE BEEN PROVIDED FOR BY THE SOUTH CAROLINA RULES OF MAGISTRATES COURT AND TO RENAME THE ARTICLE TO CONFORM WITH THE REVISIONS.
The following Bills were taken up, read the second time, and ordered to a third reading:
S. 638 (Word version) -- Senators Campsen, Fair, Bryant, Vaughn, Hawkins, Alexander, Grooms, Sheheen, Setzler, Cromer, McConnell, Land, Verdin, Peeler, Hayes, Ritchie, Anderson, Thomas, Scott, Martin, Knotts, Ryberg, Ceips, O'Dell, McGill and Malloy: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-160 SO AS TO ENACT THE "SOUTH CAROLINA PUBLIC PRAYER AND INVOCATION ACT" TO ALLOW A GOVERNING BODY OF A STATE OR LOCAL GOVERNMENT TO ADOPT, BY ORDINANCE OR RESOLUTION, A POLICY THAT PRESERVES THE TRADITION OF SOLEMNIZING PUBLIC PROCEEDINGS BY ALLOWING FOR AN OPENING INVOCATION USING ONE OF THREE METHODS AND TO DEFINE "PUBLIC INVOCATION" AND "DELIBERATIVE PUBLIC BODY".
Rep. DELLENEY explained the Bill.
S. 1048 (Word version) -- Senators Martin and Alexander: A BILL TO AMEND SECTION 61-4-120, AS AMENDED, RELATING TO THE SUNDAY SALE OF WINE OR BEER IN THIS STATE, SO AS TO PROVIDE AN EXCEPTION FOR WINE THAT IS HARVESTED, PROCESSED, FERMENTED, BOTTLED, AND SOLD AT THE SAME CONTIGUOUS LOCATION.
Rep. BANNISTER explained the Bill.
S. 991 (Word version) -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 60-11-120, SO AS TO PROVIDE FOR THE DISPOSITION OF DUPLICATIVE ARCHIVAL MATERIAL BY THE SOUTH CAROLINA COMMISSION OF ARCHIVES AND HISTORY; AND TO REPEAL SECTION 59-103-200, RELATING TO DISPOSITION OF DUPLICATIVE ARCHIVAL MATERIAL, THAT WAS ERRONEOUSLY CODIFIED UNDER THE COMMISSION OF HIGHER EDUCATION INSTEAD OF THE COMMISSION OF ARCHIVES AND HISTORY.
Rep. SKELTON explained the Bill.
The following Bill was taken up:
S. 968 (Word version) -- Senators McGill, O'Dell, Williams and Knotts: A BILL TO AMEND SECTION 16-23-405, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF "WEAPON" AND THE HANDLING OF WEAPONS USED IN THE COMMISSION OF A CRIME, SO AS TO REMOVE "KNIFE WITH A BLADE OVER TWO INCHES LONG" FROM THE DEFINITION; AND TO AMEND SECTION 16-23-460, RELATING TO CARRYING CONCEALED WEAPONS, SO AS TO PROVIDE FOR THE EXCLUSION OF KNIVES WITHIN THE PURVIEW OF THE OFFENSE UNLESS THEY ARE USED WITH THE INTENT TO COMMIT A CRIME.
Rep. M. A. PITTS proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7647AHB08), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Section 10-11-320 of the 1976 Code, as last amended by Act 237 of 2000, is further amended to read:
"Section 10-11-320. (A) It shall be is unlawful for any person or group of persons to:
(a)(1) to carry or have readily accessible to the person upon the capitol grounds or within the capitol building any firearm or dangerous weapon; or
(b)(2) to discharge any firearm or to use any dangerous weapon upon the capitol grounds or within the capitol building.
(B) This section does not apply to a person who possesses a concealable weapons' permit pursuant to Article 4, Chapter 31, Title 23 and a firearm in a vehicle on the capitol grounds." /
Renumber sections to conform.
Amend title to conform.
Rep. M. A. PITTS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
S. 890 (Word version) -- Senators Malloy, McConnell, Ford, Rankin, Knotts, Cleary, Hawkins, O'Dell, Hayes, Elliott, Cromer and Ceips: A BILL TO AMEND SECTION 23-3-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENDERS BEING REQUIRED TO SUBMIT SAMPLES FOR INCLUSION IN THE DNA DATABASE, SO AS TO REQUIRE SAMPLES UPON LAWFUL CUSTODIAL ARREST FOR A FELONY OFFENSE, OFFENSE THAT CARRIES A SENTENCE OF FIVE YEARS OR MORE, OR AN ARREST FOR EAVESDROPPING, PEEPING, OR STALKING, AND AT THE TIME OF INTAKE AT A JAIL OR PRISON, TO PROVIDE THAT THESE PROVISIONS APPLY TO JUVENILES, AND TO REQUIRE SAMPLES TO BE PROVIDED BEFORE A PERSON IS RELEASED ON PAROLE, RELEASED FROM CONFINEMENT, OR RELEASED FROM AN AGENCY'S JURISDICTION; TO AMEND SECTION 23-3-630, RELATING TO PERSONS AUTHORIZED TO TAKE DNA SAMPLES AND THEIR IMMUNITY FROM LIABILITY, SO AS TO DELETE REQUIREMENTS THAT THE PERSONS AUTHORIZED MUST BE CERTAIN TYPES OF HEALTH PROFESSIONALS AND TO PROVIDE THAT THEY MUST BE APPROPRIATELY TRAINED; TO AMEND SECTION 23-3-650, RELATING TO THE CONFIDENTIALITY OF DNA, SO AS TO PROVIDE FOR COORDINATION BETWEEN SLED AND LOCAL LAW ENFORCEMENT AGENCIES TO PREVENT COLLECTION AND PROCESSING OF DUPLICATE DNA SAMPLES; TO AMEND SECTIONS 23-3-660 AND 23-3-670, RELATING TO EXPUNGEMENTS AND FEES FOR DNA SAMPLES, SO AS TO PROVIDE FOR EXPUNGEMENT AT NO COST TO THE ACCUSED WHEN CHARGES ARE DISMISSED, NOLLE PROSSED, OR REDUCED BELOW THE REQUIREMENT FOR THE TAKING OF THE DNA SAMPLE, TO PROVIDE THAT THE STATE WILL PAY FOR THE COSTS OF COLLECTING AND PROCESSING A DNA SAMPLE, AND TO PROVIDE THAT FEES COLLECTED FROM CONVICTED PERSONS SHALL BE REMITTED TO THE GENERAL FUND OF THE STATE AND CREDITED TO THE STATE LAW ENFORCEMENT DIVISION; AND TO AMEND SECTION 23-3-120, RELATING TO THE TAKING OF FINGERPRINTS, SO AS TO PROVIDE FOR THE PLACE AND TIMING FOR THE FINGERPRINTING OF A PERSON PLACED UNDER CUSTODIAL ARREST.
Reps. SELLERS, CRAWFORD, LEACH, SHOOPMAN, J. R. SMITH, STEWART, HAMILTON, LIMEHOUSE, SCOTT, UMPHLETT, HART, BEDINGFIELD, J. H. NEAL, PARKS, FUNDERBURK, DANING, JEFFERSON, MACK and DUNCAN requested debate on the Bill.
The following Bill was taken up:
S. 1143 (Word version) -- Senators McConnell, Martin, Alexander, Hayes, Hutto, Ceips, Peeler, Leventis, Rankin, Setzler, Knotts and Malloy: A BILL TO AMEND SECTION 12-36-2120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE STATE SALES TAX, SO AS TO INCLUDE THE GROSS PROCEEDS OF SALES OR THE SALES PRICE OF ENERGY EFFICIENT APPLIANCES.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20710SD08), which was adopted:
Amend the bill, as and if amended, by striking SECTION 2 and inserting:
/SECTION 2. (A) This section may be cited as the "Second Amendment Recognition Act".
(B) Section 12-36-2120 of the 1976 Code, as last amended by Act 116 of 2007, is further amended by adding a new item at the end appropriately numbered to read:
"( ) sales of handguns as defined pursuant to Section 16-23-10(1), rifles, and shotguns during the forty-eight hours of the Second Amendment Weekend. For purposes of this item, the 'Second Amendment Weekend' begins at 12:01 a.m. on the Friday after Thanksgiving and ends at twelve midnight the following Saturday."
(C) This section takes effect July 1, 2008.
SECTION 3. Except as otherwise stated, this act takes effect July 1, 2009. /
Renumber sections to conform.
Amend title to conform.
Rep. LITTLEJOHN explained the amendment.
The amendment was then adopted.
Rep. WHITE demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Allen Anderson Anthony Bales Ballentine Bannister Barfield Battle Bedingfield Bingham Bowen Brady Branham Brantley Breeland G. Brown R. Brown Cato Clemmons Clyburn Cobb-Hunter Coleman Cooper Cotty Crawford Daning Dantzler Davenport Delleney Duncan Edge Erickson Frye Funderburk Gambrell Govan Gullick Hagood Haley Hamilton Hardwick Harrell Hart Harvin Haskins Hayes Herbkersman Hiott Hodges Hosey Hutson Jefferson Kelly Kirsh Knight Leach Limehouse Littlejohn Loftis Lowe Lucas Mack Mahaffey McLeod Merrill Miller Moss Mulvaney J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Rice Sandifer Scarborough Scott Sellers Shoopman Simrill Skelton D. C. Smith F. N. Smith G. R. Smith J. E. Smith J. R. Smith Spires Stavrinakis Stewart Talley Taylor Thompson Toole Umphlett Vick Walker Whipper White Whitmire Williams Witherspoon Young
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
S. 1232 (Word version) -- Senators Cleary, Rankin and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 10 OF TITLE 4, ENACTING THE "EDUCATION CAPITAL IMPROVEMENTS SALES AND USE TAX ACT" SO AS TO ALLOW A ONE PERCENT LOCAL SALES AND USE TAX TO BE IMPOSED IN A COUNTY FOR NOT MORE THAN FIFTEEN YEARS UPON REFERENDUM APPROVAL WITH THE REVENUES OF THE TAX USED BY THE COUNTY'S SCHOOL DISTRICT BOARD OF TRUSTEES TO PAY FOR SPECIFIC PUBLIC SCHOOL CAPITAL IMPROVEMENTS IN THE COUNTY AND TO PROVIDE A METHOD WHEREBY REVENUE OF THE TAX MAY BE SHARED FOR THE PURPOSES OF SPECIFIC CAPITAL IMPROVEMENTS ON THE CAMPUSES OF A TECHNICAL COLLEGE OR OTHER STATE INSTITUTION OF HIGHER LEARNING LOCATED IN THE COUNTY, TO PROVIDE FOR THE REFERENDUM REQUIRED FOR THE IMPOSITION OF THE TAX, THE DURATION OF THE TAX, NOT TO EXCEED FIFTEEN YEARS, AND TO PROVIDE FOR THE ADMINISTRATION OF THE TAX AND THE DISTRIBUTION OF THE REVENUE.
Reps. CRAWFORD, LOWE, KIRSH, ALEXANDER, LEACH, CLEMMONS, BEDINGFIELD, PERRY, RICE, WEEKS, TOOLE, WITHERSPOON and LITTLEJOHN requested debate on the Bill.
The SPEAKER granted Rep. HAMILTON a leave of absence for the remainder of the day.
The following Bill was taken up:
S. 75 (Word version) -- Senators Ryberg, Bryant and Verdin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-4-110, TO PROVIDE THAT THE SOUTH CAROLINA TUITION PREPAYMENT PROGRAM MAY NOT ACCEPT NEW PARTICIPANTS AND THE PROGRAM SHALL REMAIN IN OPERATION FOR EXISTING PARTICIPANTS.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\DT\27215BB08), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. Chapter 4, Title 59 of the 1976 Code is amended by adding:
"Section 59-4-120. For purposes of the Tuition Prepayment Program, the annual increase in tuition for an institution cannot exceed seven percent per year from Fiscal Year 2006-2007. To the extent that actual tuition for an institution exceeds an annual growth of seven percent per year, the institution shall grant a waiver of the difference to the designated beneficiary and must not pass along the difference to any student."/
Amend the bill further, as and if amended, SECTION 2, line 32, by striking /2007/ and inserting /2008/.
Renumber sections to conform.
Amend title to conform.
Rep. NEILSON explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. COOPER moved to adjourn debate upon the following Bill, which was adopted:
S. 1252 (Word version) -- Senators Leatherman and Peeler: A BILL TO AMEND SECTION 2-75-30 OF THE 1976 CODE, RELATING TO THE CENTERS OF EXCELLENCE MATCHING ENDOWMENT, TO PROVIDE THAT THE INTEREST EARNINGS IN THE FUND MAY BE USED AT THE RESEARCH CENTERS OF EXCELLENCE REVIEW BOARD'S DISCRETION FOR ADDITIONAL STATE AWARDS.
The following Bill was taken up:
S. 1171 (Word version) -- Senators Peeler and Setzler: A BILL TO AMEND SECTION 12-37-900 OF THE 1976 CODE, RELATING TO THE LISTING AND RETURNING OF PERSONAL PROPERTY, TO PROVIDE THAT A MANUFACTURER IS NOT REQUIRED TO LIST OR RETURN PERSONAL PROPERTY FOR AD VALOREM TAX PURPOSES IF THE PROPERTY REMAINS IN THIS STATE BUT HAS NOT BEEN USED IN OPERATIONS FOR THE ENTIRE REPORTING PERIOD OF THE MANUFACTURER.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\10626HTC08), which was adopted:
Amend the bill, as and if amended, by adding four SECTIONS appropriately numbered to read:
/ SECTION __. A. 1. Section 12-36-2120(67) of the 1976 Code, as amended by Act 116 of 2007, is further amended to read:
"(67)(a) effective July 1, 2011 2008, construction materials used in the construction of a new or expanded single manufacturing or distribution facility, or one that serves both purposes, with a capital investment of at least one hundred fifty million in real and personal property at a single site in the State over an eighteen-month period. The taxpayer must provide notice of the exemption, and the Department of Revenue may assess taxes owing in the manner provided in Section 12-36-2120(51); and
(b) effective July 1, 2008, construction materials used in the construction of a new or expanded office facility meeting the requirements for an enhanced investment provided pursuant to Section 12-44-30(7) and Section 12-44-30(13). The taxpayer shall notify the department of its intent to qualify and use this exemption and, upon receipt of the notification, the department shall issue an appropriate exemption certificate to the taxpayer to be used for qualifying purposes pursuant to this subitem. No later than six months after the end of the eight-year period specified in Section 12-44-30(13), the taxpayer shall notify the department in writing whether or not it has met the investment and job requirements of this item. If the taxpayer fails to meet the investment and job requirements, the taxpayer shall pay to the State the amount of the tax that would have been paid but for this exemption. The running of the period of limitations for assessment of taxes provided in Section 12-54-85 is suspended for the time period beginning with the taxpayer's first use of this exemption and ending with notice to the department that the taxpayer has or has not met the investment and job requirements of this item."
2. Section 11B of Act 384 of 2006 is amended to read:
"B. Notwithstanding the sales and use rates imposed pursuant to Chapter 36, Title 12 of the 1976 Code, the rate of tax imposed pursuant to that chapter on the gross proceeds of qualifying construction materials used in the construction of a single manufacturing and distribution facility, created by this act, is four percent for sales from July 1, 2007, through June 30, 2008, three percent for such sales from July 1, 2008, through June 30, 2009, two percent for such sales from July 1, 2009, through June 30, 2010, and one percent for such sales from July 1, 2010, through June 30, 2011."
B. Section 12-6-3310 of the 1976 Code, as last amended by Act 69 of 2003, is further amended by adding a new subsection at the end to read:
"(C) A limited liability company not organized as a legal entity which is a taxpayer, a corporation, or other form of business entity expressly specified as qualifying for the credits allowed pursuant to this article nevertheless qualifies for such credits in a manner consistent with Section 12-2-25 as follows:
(1) Limited liability companies taxed for South Carolina income tax purposes as partnerships shall apply the credits as provided in subsection (B). If a member is an individual, the limited liability company may earn and pass through any credits allowed by this article to be applied against income tax imposed pursuant to Section 12-6-510. If a member is a corporation, the limited liability company may earn and pass through any credits allowed by this article to be applied against income tax imposed pursuant to Section 12-6-530.
(2) Limited liability companies taxed for South Carolina income tax purposes as corporations are entitled to all credits otherwise applicable to corporations.
(3) With respect to single members of limited liability companies which are not regarded as a separate entity from its owner, members who are individuals may claim any credits allowed by this article to be applied against income tax imposed pursuant to Section 12-6-510 and members which are corporations may claim any credits allowed by this article to be applied against income tax imposed pursuant to Section 12-6-530.
(4) For limited liability companies owned by limited liability companies or other pass through entities described in subsection (B), subsections (1) through (3) are applied at each successive stage of ownership until the credit is applied against the tax imposed pursuant to either Section 12-6-510 or Section 12-6-530, as applicable.
C. 1. Section 12-6-3410(D)(2) of the 1976 Code is amended to read:
"(2) The establishment, expansion, or addition of a corporate headquarters or research and development facility must result in:
(a) the creation of at least seventy-five new full-time jobs performing either:
(i)(a) headquarters related functions and services; or
(ii)(b) research and development related functions and services.
The seventy-five required jobs must have an average cash compensation level of more than one and one-half times twice the per capita income of this State based on the most recent per capita income data available as of the end of the taxpayer's taxable year in which the jobs are filled; and
(b) an average South Carolina employee cash compensation level for all employees in this State of more than twice the per capita income in the State based on the most recent per capita income data available as of the end of the taxpayer's taxable year in which the jobs are filled."
2. Section 12-6-3410(J) of the 1976 Code, as amended by Act 384 of 2006, is further amended by deleting item (9) which reads:
"(9) 'corporation', 'corporate', 'company', and 'taxpayer' for purposes of this section also include a limited liability company which is subject to regulation under the Federal Power Act (16 U.S.C. Section 791(a)) and which is formed to operate or to take functional control of electric transmission assets as defined in the Federal Power Act regardless of whether the limited liability company is treated as a partnership or as a corporation for South Carolina income tax purposes. If treated as a partnership, a limited liability company that qualifies for a credit under this section passes the credit through to its members in proportion to their interests in the limited liability company. Each member's share of the credit is nonrefundable but is allowed as a credit against any tax under Section 12-6-530 or Section 12-20-50 and bank taxes imposed pursuant to Chapter 11 of this title. Each member may carry any unused credit forward as provided in subsection (F). The limited liability company may not carry forward a credit that passes through to its members."
D. Section 12-6-3520 of the 1976 Code, as last amended by Act 89 of 2001, is further amended by deleting subsection (E) which reads:
"(E)(1) An 'S' corporation, limited liability company, or partnership that qualifies for the credit pursuant to this section may pass through the credit earned to each shareholder of the 'S' corporation, member of the limited liability company, or partner of the partnership.
(2) The amount of the credit allowed a shareholder, member, or partner pursuant to this section is equal to the shareholder's percentage of stock ownership, the member's interest in the limited liability company, or the partner's interest in the partnership for the taxable year, multiplied by the amount of the credit earned by the entity. Credit earned by an 'S' corporation owing corporate level income tax must be used first at the entity level. Only the remaining credit passes through to the shareholders of the 'S' corporation.
(3) For purposes of this subsection, 'limited liability company' means a limited liability company taxed like a partnership."
E. Section 12-10-30 of the 1976 Code, as last amended by Act 89 of 2001, is further amended by adding a new item at the end to read:
"(18) 'Significant business' means a qualifying business making a significant capital investment as defined in Section 12-44-30(7)."
F. Section 12-10-80(D)(2), as last amended by Act 386 of 2006, is further amended to read:
"(2) The amount that may be claimed as a job development credit by a qualifying business is limited by this subsection and by the revitalization agreement. The council may approve a waiver of ninety-five percent of the limits provided in item (1) for a qualifying business making a significant capital investment as defined in Section 12-44-30(7).:
(a) a significant business; and
(b) a related person to a significant business if the related person is located at the project site of the significant business and qualifies for job development credits pursuant to this chapter.
For purposes of this item, a related person includes any entity or person that bears a relationship to a significant business as provided in Internal Revenue Code Section 267 and includes, without limitation, a limited liability company of which more than fifty percent of the capital interest or profits is owned directly or indirectly by a significant business or by a person or entity, or group of persons or entities which owns, more than fifty percent of the capital interest or profits in the significant business."
G. Section 12-44-30(7) of the 1976 Code, as last amended by Act 116 of 2007, is further amended by adding a new paragraph at the end to read:
"For purposes of this item, if a single sponsor enters into a financing arrangement of the type described in Section 12-44-120(B), the investment in or financing of the property by a developer, lessor, financing entity, or other third party in accordance with this arrangement is considered investment by the sponsor. Investment by a related person to the sponsor, as described in Section 12-10-80(D)(2), is considered investment by the sponsor."
H. Section 4-29-67(D)(4)(a) of the 1976 Code, as last amended by Act 116 of 2007, is further amended by adding a new paragraph at the end to read:
"For purposes of this item, if a single sponsor enters into a financing arrangement of the type described in Section 4-29-67(O)(2), the investment in or financing of the property by a developer, lessor, financing entity, or other third party in accordance with this arrangement is considered investment by the sponsor. Investment by a related person to the sponsor, as described in Section 12-10-80(D)(2), is considered investment by the sponsor."
I. Section 4-12-30(D)(4)(a) of the 1976 Code, as last amended by Act 116 of 2007, is further amended by adding a new paragraph at the end to read:
"For purposes of this item, if a single sponsor enters into a financing arrangement of the type described in Section 4-12-30(M)(2), the investment in or financing of the property by a developer, lessor, financing entity, or other third party in accordance with this arrangement is considered investment by the sponsor. Investment by a related person to the sponsor, as described in Section 12-10-80(D)(2), is considered investment by the sponsor."
J. 1. a. Section 12-10-80(C)(3)(f) of the 1976 Code, as last amended by Act 384 of 2006, is further amended to read:
"(f) employee relocation expenses associated with new or expanded qualifying service-related facilities as defined in Section 12-6-3360(M)(13) or new or expanded technology intensive facilities as defined in Section 12-6-3360(M)(14) or relocation expenses associated with new national, regional, or global corporate headquarters as defined in Section 12-6-3410(J)(1)(a) that qualify for the enhanced corporate income tax credit pursuant to Section 12-6-3410(D) or relocation expenses associated with an expanded research and development facility to include personnel and laboratory research and development equipment;"
b. Section 12-10-80 of the 1976 Code, as last amended by Act 384 of 2006, is amended by adding an appropriately lettered subsection at the end to read:
"( ) Where the qualifying business that creates new jobs under this section is a qualifying service-related facility as defined in Section 12-6-3360(M)(13), the determination of the number of jobs created must be based on the total number of new jobs created within five years of the effective date of the revitalization agreement, without regard to monthly or other averaging."
2. Subsections (B) and (C) of Section 12-20-105 of the 1976 Code, as last amended by Act 116 of 2007, are further amended to read:
"(B)(1) To be considered an eligible project for purposes of this section, the project must qualify for income tax credits under Chapter 6, Title 12, withholding tax credit under Chapter 10, Title 12, income tax credits under Chapter 14, Title 12, or fees in lieu of property taxes under either Chapter 12, Title 4, Chapter 29, Title 4, or Chapter 44, Title 12.
(2) If a project consists of an office, business, commercial, or industrial park, or combination of these, used exclusively for economic development which is owned or constructed by a county or political subdivision of this State when the qualifying improvements are paid for, the project does not have to meet the qualifications of item (1) to be considered an eligible project. As provided in subsection (C)(4), the county or political subdivision may sell all or a portion of the business or industrial park.
(C) For the purpose of this section, 'infrastructure' means improvements for water, wastewater, hydrogen fuel, sewer, gas, steam, electric energy, and communication services made to a building or land that are considered necessary, suitable, or useful to an eligible project. These improvements include, but are not limited to:
(1) improvements to both public or private water and sewer systems;
(2) improvements to both public or private electric, natural gas, and telecommunications systems including, but not limited to, ones owned or leased by an electric cooperative, electric utility, or electric supplier, as defined in Chapter 27, Title 58;
(3) fixed transportation facilities including highway, road, rail, water, and air;
(4) for a qualifying project under subsection (B)(2), infrastructure improvements include industrial shell buildings and the purchase of land for an office, business, commercial, or industrial park, or combination of these, used exclusively for economic development which is owned or constructed by a county or political subdivision of this State. Nothing in this section shall prohibit the The county or political subdivision from selling may sell the industrial shell building or industrial all or a portion of the park at any time after the company has paid in cash to provide the infrastructure for an eligible project.; and
(5) for a qualifying project pursuant to subsection (B)(2), infrastructure improvements also include due diligence expenditures relating to environmental conditions made by a county or political subdivision after it has acquired contractual rights to an industrial park. Due diligence expenditures include such items as Phase I and II studies and environmental or archeological studies required by state or federal statutes or guidelines or similar lender requirements. Contractual rights include options to purchase real property or other similar contractual rights acquired before the county or political subdivision files a deed to the property with the Register of Mesne Conveyances."
3. Section 12-44-30(16) of the 1976 Code, as last amended by Act 69 of 2003, is further amended to read:
"(16) 'Project' means land, buildings, and other improvements on the land, including water, sewage treatment and disposal facilities, air pollution control facilities, and all other machinery, apparatus, equipment, office facilities, and furnishings which are considered necessary, suitable, or useful by a sponsor. 'Project' also may consist of or include aircraft hangered or utilizing an airport in a county so long as the county expressly consents to its inclusion. Aircraft previously subject to taxation in South Carolina qualify pursuant to this provision."
4. Section 12-44-120(D) of the 1976 Code, as last amended by Act 69 of 2003, is further amended to read:
"(D) A sponsor may transfer a fee agreement, or substantially all the economic development property to which the fee agreement relates, if it obtains the prior approval, or subsequent ratification, of the county with which it entered into the fee agreement. The county's prior approval or subsequent ratification may be evidenced by any one of the following, in the absolute and sole discretion of the county providing the approval or ratification: (i) a letter or other writing executed by an authorized county representative as designated in the respective fee agreement; (ii) a resolution passed by the county council; or (iii) an ordinance passed by the county council following three readings and a public hearing. That approval is not required in connection with transfers to sponsor affiliates or other financing-related transfers."
5. Section 4-12-10(2) of the 1976 Code, as last amended by Act 69 of 2003, is further amended to read:
"(2) 'Project' means land, buildings and other improvements on the land including water, sewage treatment and disposal facilities, air pollution control facilities, and all other machinery, apparatus, equipment, office facilities, and furnishings which are considered necessary, suitable, or useful by a sponsor. 'Project' also may consist of or include aircraft hangered or utilizing an airport in a county so long as the county expressly consents to its inclusion. Aircraft previously subject to taxation in South Carolina qualify pursuant to this provision."
6. Section 4-12-30(M)(4) of the 1976 Code, as last amended by Act 69 of 2003, is further amended to read:
"(4) A sponsor may transfer an inducement agreement, millage rate agreement, lease agreement, or the assets subject to the lease agreement, if it obtains the prior approval, or subsequent ratification, of the county with whom it entered into the original inducement agreement, millage rate agreement, or lease agreement. The county's prior approval or subsequent ratification may be evidenced by any one of the following, in the absolute and sole discretion of the county providing the approval or ratification: (i) a letter or other writing executed by an authorized county representative as designated in the respective inducement, millage rate, or lease agreement; (ii) a resolution passed by the county council; or (iii) an ordinance passed by the county council following three readings and a public hearing. However, no such That approval is not required in connection with transfers to sponsor affiliates or other financing-related transfers."
7. Section 4-29-67(A)(1)(c) and (O)(4) of the 1976 Code, as last amended by Act 69 of 2003, is further amended to read:
"(c) 'Project' means land, buildings and other improvements on the land including water, sewage treatment and disposal facilities, air pollution control facilities, and all other machinery apparatus, equipment, office facilities, and furnishings which are considered necessary, suitable, or useful by a sponsor. 'Project' also may consist of or include aircraft hangered or utilizing an airport in a county so long as the county expressly consents to its inclusion. Aircraft previously subject to taxation in South Carolina qualify pursuant to this provision.
(4) A sponsor may transfer an inducement agreement, millage rate agreement, lease agreement, or the assets subject to the lease agreement, if it obtains the prior approval, or subsequent ratification, of the county with which it entered into the original agreement. The county's prior approval or subsequent ratification may be evidenced by any one of the following, in the absolute and sole discretion of the county providing the approval or ratification: (i) a letter or other writing executed by an authorized county representative as designated in the respective inducement, millage rate, or lease agreement; (ii) a resolution passed by the county council; or (iii) an ordinance passed by the county council following three readings and a public hearing. That approval is not required in connection with transfers to sponsor affiliates or other financing-related transfers."
8. This subsection takes effect upon approval of this act by the Governor and applies for property tax years beginning after 2007.
K. 1. Section 12-43-220(a) of the 1976 Code is amended to read:
"(a)(1) All real and personal property owned by or leased to manufacturers and utilities and used by the manufacturer or utility in the conduct of the business must be taxed on an assessment equal to ten and one-half percent of the fair market value of the property.
(2) Real property owned by or leased to a manufacturer and used primarily for research and development is not considered used by a manufacturer in the conduct of the business of the manufacturer for purposes of classification of property under pursuant to this item (a) of this section. The term 'research and development' means basic and applied research in the sciences and engineering and the design and development of prototypes and processes.
(3) Real property owned by or leased to a manufacturer and used primarily as an office building is not considered used by a manufacturer in the conduct of the business of the manufacturer for purposes of classification of property under pursuant to this item (a) of this section if the office building is not located on the premises of or contiguous to the plant site of the manufacturer.
(4) Real property owned by or leased to a manufacturer and used primarilyexclusively for warehousing and wholesale distribution of clothing and wearing apparel is not considered used by a manufacturer in the conduct of the business of the manufacturer for purposes of classification of property under pursuant to this item (a) of this section if the property is not located on the premises of or contiguous to the manufacturing site of the manufacturer."
2. This subsection takes effect upon approval of this act by the Governor and applies in each county in the year after the next countywide reassessment is implemented. The owners of existing warehouses affected by Section 12-43-220(a)(4) as amended by this section who are paying a 10.5 percent assessment ratio in 2008 shall notify the county in writing by July 1, 2009, for the ratio to be reduced. Warehouses must continue to be assessed at 10.5 percent of fair market value until this written notification is given.
L. 1. Section 12-37-900 of the 1976 Code is amended to read:
"Section 12-37-900. Every person required by law to list property shall, annually, between the first day of January and the first day of March, make out and deliver to the auditor of the county in which the property is by law to be returned for taxation a statement, verified by his oath, of all the real estate which has been sold or transferred since the last listing of property for which he was responsible and to whom, and of all real and personal property possessed by him, or under his control, on the thirty-first day of December next preceding, either as owner, agent, parent, husband, guardian, executor, administrator, trustee, receiver, officer, partner, factor, or holder with the value thereof, on such thirty-first day of December, at the place of return, estimating according to the rules prescribed by law, except that the returns of corn, cotton, wheat, oats, rice, peas, and long forage, made on the day specified by law, shall be the amounts actually on hand in the hands of the producer thereof on the first day of August, immediately preceding the date of such return. But any county upon the written approval of a majority of the county legislative delegation, including the Senator, may waive penalties for failing to make such statement or may provide that such statement shall be made every fourth year. This section shall not repeal or alter any prior law or laws applying to particular counties which allow or provide for returns of real property more frequently than every four years.
A manufacturer not under a fee agreement is not required to return personal property for ad valorem tax purposes if the property remains in this State at a manufacturing facility that has not been operational for one fiscal year and the personal property has not been used in operations for one fiscal year. The personal property is not required to be returned until the personal property becomes operational in a manufacturing process or until the property has not been returned for ad valorem tax purposes for four years, whichever is earlier. A manufacturer must continue to list the personal property annually and designate on the listing that the personal property is not subject to tax pursuant to this section."
2. Notwithstanding the general effective date of this act, this subsection takes effect upon approval of this act by the Governor and applies to tax years beginning after 2007.
M. Section 12-6-3360(M)(13) of the 1976 Code, as last amended by Act 390 of 2006, is further amended to read:
"(13) 'Qualifying service-related facility' means:
(a) an establishment engaged in an activity or activities listed under the North American Industry Classification System Manual (NAICS) Section 62, subsectors 621, 622, and 623; or
(b) a business, other than a business engaged in legal, accounting, banking, or investment services or retail sales, which has a net increase of at least:
(i) two hundred fifty jobs at a single location;
(ii) one hundred twenty-five jobs at a single location and the jobs have an average cash compensation level of more than one and one-halfone-quarter times the lower of state per capita income or per capita income in the county where the jobs are located;
(iii) seventy-five jobs at a single location and the jobs have an average cash compensation level of more than twiceone and one-half times the lower of state per capita income or per capita income in the county where the jobs are located; or
(iv) thirty jobs at a single location and the jobs have an average cash compensation level of more than two and one-half times the lower of state per capita income or per capita income in the county where the jobs are located; or
(v) fifteen jobs at a single location and the jobs have an average cash compensation level or more than two and one-half times the lower of the state per capita income or per capita income of the county in which the jobs are located.
A taxpayer shall use the most recent per capita income data available as of the end of the taxable year in which the jobs are filled. Determination of the required number of jobs is in accordance with the monthly average described in subsection (F)."
N. 1. Section 12-14-80 of the 1976 Code, as last amended by Act 116 of 2007, is further amended to read:
"Section 12-14-80. (A) There is allowed an economic impact zone an investment tax credit pursuant to Section 12-14-60 for qualifying investments made by a manufacturer which for any taxable year in which the taxpayer places in service qualified manufacturing and productive equipment and which taxpayer:
(1) is engaged in this State in at least one economic impact zone, as defined in Section 12-14-30(1), in an activity or activities listed under the North American Industry Classification System Manual (NAICS) Section 326;
(2) is employing five thousand or more full-time workers in this State and having a total capital investment in this State of not less than two billion dollars; and
(3) has invested commits to invest five hundred million dollars in capital investment in this State between January 1, 2006, and July 1, 2011.
(B) For purposes of this section, 'qualified manufacturing and productive equipment property' means property that satisfies the requirements of Section 21-14-60(B)(1)(a), (b), and (c).
(C) The amount of the credit allowed by this section is equal to the aggregate amount computed based on Section 12-14-60(A)(2).
(B)(D) A taxpayer that qualifies for the tax credit allowed by this section may claim the credit earned pursuant to this section and credits earned pursuant to Section 12-6-3360 in the manner provided pursuant to Sections 12-6-3360 and 12-14-60, or as a credit in an amount equal to not more than fifty percent of the employee's withholding on the taxpayer's quarterly withholding tax returns. The taxpayer must elect to take the credit either as an income tax or a withholding tax credit but not both. A taxpayer must first take the credits as an income tax credit in a year in which the taxpayer has a corporate income tax liability. The withholding tax credit may be taken only when the taxpayer has used the maximum investment tax credit allowed against the corporate income tax for that year. The withholding credit may only be taken for qualifying investments made or placed in service after July 1, 2007. To claim the credit against the employee's withholding, the taxpayer must be in compliance with its withholding tax and other taxes due to the State. allowed by this section in addition to the credit allowed by Section 12-6-3360 as a credit against withholding taxes imposed by Chapter 8 of this title. The taxpayer must first apply the credit allowed by this section and Section 12-6-3360 against income tax liability. To the extent that the taxpayer has unused credit pursuant to this section for the taxable year after the application of the credits allowed by this section and Section 12-6-3360 against income tax liability, the taxpayer may claim the excess credit as a credit against withholding taxes on its four quarterly withholding tax returns for the taxpayer's taxable year; except that the credit claimed against withholding tax may not exceed fifty percent of the withholding tax shown as due on the return before the application of other credits including other credits pursuant to Sections 12-10-80 or 12-10-81. For the period July 1, 2007, to June 30, 2008, a taxpayer using this section may not reduce its state withholding tax to less than the withholding tax remitted for the period June 30, 2006, to July 1, 2007.
(E) Unused credits allowed pursuant to this section may be carried forward for use in a subsequent tax year. During the first ten years of each tax credit carryforward, the credit may not reduce a taxpayer's state income tax liability by more than fifty percent, and for a subsequent year the credit carryforward may not reduce a taxpayer's state income tax liability by more than twenty-five percent. Investment tax credit carryforwards pursuant to this section and credit carryforwards pursuant to Section 12-6-3360 must first be used as a credit against income taxes for that year. Any excess may be used pursuant to subsection (D) as a credit against withholding taxes; except that the limitations of subsection (D) apply each year and the Economic Impact Zone tax credit carryforwards that existed on the effective date of Act 83 of 2007 may not be used to reduce withholding tax liabilities pursuant to this section.
(F) The amount of credit used against withholding taxes must reduce the amount of credit that may be used against income tax liability. The amount of credit used against withholding taxes must reduce the amount of credit that may be used against income taxes.
(G) If the taxpayer disposes of or removes qualified manufacturing and productive equipment property from the State during any taxable year and before the end of applicable recovery period for such property as determined under Section 168(e) of the Internal Revenue Code, then the income tax due pursuant to this chapter for the current taxable year must be increased by an amount of any credit claimed in prior years with respect to that property, determined by assuming the credit is earned ratably over the useful life of the property and recapturing pro rata the unearned portion of the credit. This recapture applies to credit previously claimed as a credit against income taxes pursuant to this chapter or withholding tax pursuant to Chapter 8.
(H) For South Carolina income tax purposes, the basis of the qualified manufacturing and productive equipment property must be reduced by the amount of any credit claimed with respect to the property, whether claimed as a credit against income taxes or withholding. If a taxpayer is required to recapture the credit in accordance with subsection (G), the taxpayer may increase the basis of the property by the amount of basis reduction attributable to claiming the credit in prior years. The basis must be increased in the year in which the credit is recaptured.
(I) A credit must not be taken pursuant to this section for capital investments placed in service outside of an Economic Impact Zone until the taxpayer has invested two hundred million dollars of the five hundred million-dollar investment requirement described in subsection (A)(3), and the taxpayer files a statement with the department stating that it (i) commits to invest a total of five hundred million dollars in this State between January 1, 2006, and July 1, 2011; and (ii) shall refund any credit received with interest at the rate provided for underpayments of tax if it fails to meet the requirement of (A)(3). This statement and proof of qualification must be filed with the notice required in subsection (J). Credit is not allowed pursuant to this section for property placed in service before June 30, 2007. For credit claimed before the investment of the full five hundred million dollars, the company claiming the credit must execute a waiver of the statute of limitations pursuant to Section 12-54-85, allowing the department to assess the tax for a period commencing with the date that the return on which the credit is claimed is filed and ending three years after the company notifies the department that the full five hundred million dollar investment has been made. A waiver of the statute of limitations must accompany the return on which the credit is claimed.
(J) The taxpayer shall notify the department before taking any credits pursuant to this section. Taxpayer shall state it has met the requirements of subsection (A). Additionally, in a taxable year after the year of qualification for credit pursuant to this section, the taxpayer shall include with its tax return for that year (i) a statement that the taxpayer has continued to meet the requirements of subsections (A)(1) and (A)(2); (ii) the reconciliation required in subsection (D); and (iii) any statement and support for subsection (I)."
2. This subsection takes effect July 1, 2007, and applies for capital investments placed in service outside of an economic impact zone after June 30, 2007, and for quarterly state withholding returns due on and after that date, provided that for the period July 1, 2007, to June 30, 2008, a taxpayer using this section may not reduce its state withholding tax to less than the withholding tax remitted for the period June 30, 2006, to July 1, 2007.
O. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
P. Except where otherwise stated, this section takes effect upon approval of this act by the Governor.
SECTION __. A. Title 12 of the 1976 Code is amended by adding:
Section 12-65-10. This chapter is known and may be cited as the 'South Carolina Textiles Communities Revitalization Act'.
(A) The primary purpose of this chapter is to create an incentive for the rehabilitation, renovation, and redevelopment of abandoned textile mill sites located in South Carolina.
(B) The abandonment of textile mills has resulted in the disruption of communities and increased the cost to local governments by requiring additional police and fire services due to excessive vacancies. Many abandoned textile mills pose safety concerns. A public and corporate purpose is served by restoring these textile mill sites to a productive asset for the communities and result in increased job opportunities.
(C) There exists in many communities of this State abandoned textile mills. The stable economic and physical development of these textile mill sites is endangered by the presence of these abandoned textile mills as manifested by the progressive and advanced deterioration of these structures. As a result of the existence of these abandoned mills, there is an excessive and disproportionate expenditure of public funds, inadequate public and private investment, unmarketability of property, growth in delinquencies and crime in the areas, together with an abnormal exodus of families and businesses, so that the decline of these areas impairs the value of private investments, threatens the sound growth and the tax base of taxing districts in these areas, and threatens the health, safety, morals, and welfare of the public. To remove and alleviate these adverse conditions, it is necessary to encourage private investment and restore and enhance the tax base of the taxing districts in the areas by the redevelopment of these abandoned textile mill sites.
Section 12-65-20. For the purposes of this chapter, unless the context requires otherwise:
(1) 'Abandoned' means that at least eighty percent of the textile mill has been closed continuously to business or otherwise nonoperational as a textile mill for a period of at least one year immediately preceding the date on which the taxpayer files a 'Notice of Intent to Rehabilitate'. For purposes of this item, a textile mill site that otherwise qualifies as abandoned may be subdivided into separate parcels, which parcels may be owned by the same taxpayer or different taxpayers, and each parcel is deemed to be a textile mill site for purposes of determining whether each subdivided parcel is considered to be abandoned.
(2) 'Ancillary uses' means uses related to the textile manufacturing, dying, or finishing operations on a textile mill site consisting of sales, distribution, storage, water runoff, wastewater treatment and detention, pollution control, landfill, personnel offices, security offices, employee parking, dining and recreation areas, and internal roadways or driveways directly associated with such uses.
(3) 'Textile mill' means a facility or facilities that were last used for textile manufacturing, dying, or finishing operations and for ancillary uses to those operations.
(4) 'Textile mill site' means the textile mill together with the land and other improvements on it which were used directly for textile manufacturing operations or ancillary uses. However, the area of the site is limited to the land located within the boundaries where the textile manufacturing, dying, or finishing facility structure is located and does not include land located outside the boundaries of the structure or devoted to ancillary uses. Notwithstanding the provisions of this item, with respect to any site acquired by a taxpayer before January 1, 2008, or a site located on the Catawba River near Interstate 77, the textile mill site includes the textile mill structure, together with all land and improvements which were used directly for textile manufacturing operations or ancillary uses, or were located on the same parcel within one thousand feet of any textile mill structure or ancillary uses.
(5) 'Local taxing entities' means a county, municipality, school district, special purpose district, and other entity or district with the power to levy ad valorem property taxes against the textile mill site.
(6) 'Local taxing entity ratio' means that percentage computed by dividing the millage rate of each local taxing entity by the total millage rate for the textile mill site.
(7) 'Placed in service' means the date upon which the textile mill site is completed and ready for its intended use. If the textile mill site is completed and ready for use in phases or portions, each phase or portion is considered to be placed in service when it is completed and ready for its intended use.
(8) 'Rehabilitation expenses' means the expenses or capital expenditures incurred in the rehabilitation, renovation, or redevelopment of the textile mill site, including without limitations, the demolition of existing buildings, environmental remediation, site improvements and the construction of new buildings and other improvements on the textile mill site, but excluding the cost of acquiring the textile mill site or the cost of personal property located at the textile mill site. For expenses associated with a textile mill site to qualify for the credit, the textile mill and buildings on the textile mill site must be either renovated or demolished.
(9) 'Notice of Intent to Rehabilitate' means, with respect to a textile mill site acquired by a taxpayer after December 31, 2007, a letter submitted by the taxpayer to the department or the municipality or county as specified in this chapter, indicating the taxpayer's intent to rehabilitate the textile mill site, the location of the textile mill site, the amount of acreage involved in the textile mill site, and the estimated expenses to be incurred in connection with rehabilitation of the textile mill site. The notice also must set forth information as to which buildings the taxpayer intends to renovate, which buildings the taxpayer intends to demolish, and whether new construction is to be involved.
Section 12-65-30. (A) Subject to the terms and conditions of this chapter, a taxpayer who rehabilitates a textile mill site is eligible for either:
(1) a credit against real property taxes levied by local taxing entities; or
(2) a credit against income taxes imposed pursuant to Chapter 6 and Chapter 11 of this title or corporate license fees pursuant to Chapter 20 of this title, or both.
(B) If the taxpayer elects to receive the credit pursuant to subsection (A)(1), the following provisions apply:
(1) The taxpayer shall file a Notice of Intent to Rehabilitate with the municipality, or the county if the textile mill site is located in an unincorporated area, in which the textile mill site is located before incurring its first rehabilitation expenses at the textile mill site. Failure to provide the Notice of Intent to Rehabilitate results in qualification of only those rehabilitation expenses incurred after notice is provided.
(2) Once the Notice of Intent to Rehabilitate has been provided to the county or municipality, the municipality or the county shall first by resolution determine the eligibility of the textile mill site and the proposed rehabilitation expenses for the credit. A proposed rehabilitation of a textile mill site must be approved by a positive majority vote of the local governing body. For purposes of this subsection, 'positive majority vote' is as defined in Section 6-1-300(5). If the county or municipality determines that the textile mill site and the proposed rehabilitation expenses are eligible for the credit, there must be a public hearing and the municipality or county shall approve the textile mill site for the credit by ordinance. Before approving a textile mill site for the credit, the municipality or county shall make a finding that the credit does not violate a covenant, representation, or warranty in any of its tax increment financing transactions or an outstanding general obligation bond issued by the county or municipality.
(3)(a) The amount of the credit is equal to twenty-five percent of the actual rehabilitation expenses made at the textile mill site times the local taxing entity ratio of each local taxing entity that has consented to the credit pursuant to item (4), if the actual rehabilitation expenses incurred in rehabilitating the textile mill site are between eighty percent and one hundred twenty-five percent of the estimated rehabilitation expenses set forth in the Notice of Intent to Rehabilitate. If the actual rehabilitation expenses exceed one hundred twenty-five percent of the estimated expenses set forth in the Notice of Intent to Rehabilitate, the taxpayer qualifies for the credit based on one hundred twenty-five percent of the estimated expenses as opposed to the actual expenses it incurred in rehabilitating the textile mill site. If the actual rehabilitation expenses are below eighty percent of the estimated rehabilitation expenses, the credit is not allowed. The ordinance must provide for the credit to be taken as a credit against up to seventy-five percent of the real property taxes due on the textile mill site each year for up to eight years.
(b) The local taxing entity ratio is set as of the time the Notice of Intent to Rehabilitate is filed and remains set for the entire period that the credit may be claimed by the taxpayer.
(4) Not fewer than forty-five days before holding the public hearing required by subsection (B)(2), the governing body of the municipality or county shall give notice to all affected local taxing entities in which the textile mill site is located of its intention to grant a credit against real property taxes for the textile mill site and the amount of estimated credit proposed to be granted based on the estimated rehabilitation expenses. If a local taxing entity does not file an objection to the tax credit with the municipality or county on or before the date of the public hearing, the local taxing entity is considered to have consented to the tax credit.
(5) The credit against real property taxes for each applicable phase or portion of the textile mill site may be claimed beginning for the property tax year in which the applicable phase or portion of the textile mill site is first placed in service.
(C) If the taxpayer has acquired the textile mill site after December 31, 2007, and elects to receive the credit pursuant to subsection (A)(2), the following provisions apply:
(1) The taxpayer shall file with the department a notice of Intent to Rehabilitate before incurring its first rehabilitation expenses at the textile mill site. Failure to provide the Notice of Intent to Rehabilitate results in qualification of only those rehabilitation expenses incurred after the notice is provided.
(2) The amount of the credit is equal to twenty-five percent of the actual rehabilitation expenses made at the textile mill site if the actual rehabilitation expenses incurred in rehabilitating the textile mill site are between eighty percent and one hundred twenty-five percent of the estimated rehabilitation expenses set forth in the Notice of Intent to Rehabilitate. If the actual rehabilitation expenses exceed one hundred twenty-five percent of the estimated expenses set forth in the Notice of Intent to Rehabilitate, the taxpayer qualifies for the credit based on one hundred twenty-five percent of the estimated expenses as opposed to the actual expenses it incurred in rehabilitating the textile mill site. If the actual rehabilitation expenses are below eighty percent of the estimated rehabilitation expenses, the credit is not allowed.
(3) The entire credit is earned in the taxable year in which the applicable phase or portion of the textile mill site is placed in service but must be taken in equal installments over a five-year period beginning with the tax year in which the applicable phase or portion of the mill site is placed in service. Unused credit may be carried forward for the succeeding five years.
(4) If the taxpayer qualifies for both the credit allowed by this subsection and the credit allowed pursuant to Section 12-6-3535, the taxpayer may claim both credits.
(5) The credit allowed by this subsection is limited in use to fifty percent of either:
(a) the taxpayer's income tax liability for the taxable year if taxpayer claims the credit allowed by this section as a credit against income tax imposed pursuant to Chapter 6 or Chapter 11 of the title;
(b) the taxpayer's corporate license fees for the taxable year if the taxpayer claims the credit allowed by this section as a credit against license fees imposed pursuant to Chapter 20.
(6)(a) If the taxpayer leases the textile mill site, or part of the textile mill site, the taxpayer may transfer any applicable remaining credit associated with the rehabilitation expenses incurred with respect to that part of the site to the lessee of the site. The provisions of item (5) of this subsection apply to a lessee that is an entity taxed as a partnership. If a taxpayer sells the textile mill site, or any phase or portion of the textile mill site, the taxpayer may transfer all, or part of the remaining credit, associated with the rehabilitation expenses incurred with respect to that phase or portion of the site to the purchaser of the applicable portion of the textile mill site.
(b) To the extent that the taxpayer transfers the credit, the taxpayer must notify the department of the transfer in the manner the department prescribes.
(7) To the extent that the taxpayer is a partnership or a limited liability company taxed as a partnership, the credit may be passed through to the partners or members and may be allocated among any of its partners or members including, without limitation, an allocation of the entire credit to one partner or member.
Section 12-65-40. The provisions of Chapter 31 of this title also apply to this chapter; except that, the requirements of Section 6-31-40 do not apply."
B. Chapter 32, Title 6 of the 1976 Code is repealed.
C. With respect to a site acquired by a taxpayer after December 31, 2007, the area of the site is limited to the land located within the boundaries where the textile manufacturing facility structure is located and does not include land located outside the boundaries of the structure.
D. Notwithstanding the general effective date provided for this act, this section takes effect upon approval of this act by the Governor.
SECTION __. A. Article 25, Chapter 6, Title 12 of the 1976 Code is amended by adding:
"Section 12-6-3680. (A) For purposes of this section:
(1) 'Recycling facility' means a facility located in South Carolina that:
(a) engages in recycling as defined in Section 44-96-40(37); and
(b) manufactures product for sale composed of over fifty percent post-consumer recycled content and pre-consumer recycled content by weight or by volume.
(B) A taxpayer owning and operating a recycling facility as defined in subsection (A) is allowed a refundable income tax credit equal to the yearly amount expended by the recycling facility for electric service used in the manufacturing process multiplied by the percentage of recycled content calculated in subsection (A)(1)(b) of this section, and multiplied by the following:
(1) one percent in the first year the credit is claimed;
(2) two percent in the second year the credit is claimed;
(3) three percent in the third year the credit is claimed;
(4) four percent in the fourth year the credit is claimed; and
(5) four percent in subsequent years, not to exceed the amount of credit received pursuant to item (4).
(C) The credit is first allowed against returns due to be filed in fiscal year 2009-2010. A credit is not allowed and may not be claimed for a taxable year except as provided in subsection (E).
(D) A taxpayer may claim the credit allowed in this section only on the taxpayer's annual return. The taxpayer shall provide all information that the department determines is necessary for the calculation and administration of the credit.
(E) Beginning with the February 15, 2009, forecast by the Board of Economic Advisors of annual general fund revenue growth for the upcoming fiscal year, and annually after that, if the forecast of that growth then and in any adjusted forecast made before the beginning of the fiscal year equals at least five percent of the most recent estimate by the board of general fund revenues for the current fiscal year, then the applicable credit is allowed for the taxable year returns for which are due in the fiscal year beginning July first. If the February fifteenth forecast or adjusted forecast of annual general fund revenue growth for the upcoming fiscal year meets the requirement for the credit, the board promptly shall certify this result in writing to the department.
(F) The recycling facility must maintain or increase the number of employees in South Carolina in order to qualify for the credit. The benchmark for the number of employees of a recycling facility is the number of employees submitted to the department in the initial claim seeking the credit. The recycling facility must submit a notarized certification of the number of employees to the Department of Revenue each year."
B. Notwithstanding the general effective date of this act, this section takes effect upon approval of this act by the Governor.
SECTION __. A. (A) In addition to the exemptions allowed from the admissions license tax imposed pursuant to Section 12-21-2420 of the 1976 Code, there is also exempt from that tax for five years beginning July 1, 2008, paid admissions to a motorsports entertainment complex.
(B) For purposes of the exemption allowed by this section, a motorsports entertainment complex means a motorsports facility, and its ancillary grounds and facilities, that satisfies all of the following:
(1) has at least sixty thousand fixed seats for race patrons;
(2) has at least three scheduled days of motorsports events, and events ancillary and incidental thereto, each calendar year that are sanctioned by a nationally or internationally recognized governing body of motorsports that establishes an annual schedule of motorsports events;
(3) engages in tourism promotion.
B. Notwithstanding the general effective date provided in this act, this section takes effect July 1, 2008. /
Renumber sections to conform.
Amend title to conform.
Rep. RICE explained the amendment.
The amendment was then adopted.
Rep. BINGHAM proposed the following Amendment No. 2 (Doc Name COUNCIL\NBD\12344AC08), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __.
A. Section 1-30-25 of the 1976 Code is amended to read:
"Section 1-30-25. Effective on July 1, 1993, the The following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property, and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall must be administered as part of the Department of Commerce to be initially divided into divisions for Aeronautics, Advisory Coordinating Council for Economic Development, State Development, Public Railways, and Savannah Valley Development:
(A) South Carolina Aeronautics Commission, formerly provided for at Section 55-5-10, et seq.;
(B) Coordinating Council for Economic Development, formerly provided for at Section 41-45-30, et seq.;
(C) Savannah Valley Authority, formerly provided for at Section 13-9-10, et seq.;
(D) Department of Commerce, including the South Carolina Film Commission, except that the department must make reasonable rules and promulgate reasonable regulations to ensure that funds made available to film projects through its film commission are budgeted and spent so as to further the following objectives:
(1) stimulation of economic activity to develop the potentialities of the State;
(2) conservation, restoration, and development of the natural and physical, the human and social, and the economic and productive resources of the State;
(3) promotion of a system of transportation for the State, through development and expansion of the highway, railroad, port, waterway, and airport systems;
(4) promotion and correlation of state and local activity in planning public works projects;
(5) promotion of public interest in the development of the State through cooperation with public agencies, private enterprises, and charitable and social institutions;
(6) encouragement of industrial development, private business, commercial enterprise, agricultural production, transportation, and the utilization and investment of capital within the State;
(7) assistance in the development of existing state and interstate trade, commerce, and markets for South Carolina goods and in the removal of barriers to the industrial, commercial, and agricultural development of the State;
(8) assistance in ensuring stability in employment, increasing the opportunities for employment of the citizens of the State, devising ways and means to raise the living standards of the people of the State;
(9) enhancement of the general welfare of the people; and
(10) encouragement and consideration as appropriate so as to consider race, gender, and other demographic factors to ensure nondiscrimination, inclusion, and representation of all segments of the State to the greatest extent possible. Existing divisions or components of the Department of Commerce formerly a part of the State Development Board excluding the South Carolina Film Commission; and
(E) South Carolina Public Railways Commission, formerly provided for at Section 58-19-10, et seq.
B. Section 1-30-80 of the 1976 Code is amended to read:
"Section 1-30-80. (A) Effective on July 1, 1993, the The following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property, and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall must be administered as part of the Department of Parks, Recreation and Tourism to include a Parks, Recreation and Tourism Division and Film Division.
Department of Parks, Recreation and Tourism, formerly provided for at Sections 51-1-10, 51-3-10, 51-7-10, 51-9-10, and 51-11-10, et seq.
(B) Effective July 1, 2008, the South Carolina Film Commission of the Department of Commerce is transferred to the Department of Parks, Recreation and Tourism and becomes a separate division of the Department of Parks, Recreation and Tourism.
(2) The South Carolina Film Commission as established in this section as a division of the Department of Parks, Recreation and Tourism and transferred to it shall ensure that funds made available to film projects through the film commission are budgeted and spent so as to further the following objectives:
(a) stimulation of economic activity to develop the potentialities of the State;
(b) conservation, restoration, and development of the natural and physical, the human and social, and the economic and productive resources of the State;
(c) promotion of a system of transportation for the State, through development and expansion of the highway, railroad, port, waterway, and airport systems;
(d) promotion and correlation of state and local activity in planning public works projects;
(e) promotion of public interest in the development of the State through cooperation with public agencies, private enterprises, and charitable and social institutions;
(f) encouragement of industrial development, private business, commercial enterprise, agricultural production, transportation, and the utilization and investment of capital within the State;
(g) assistance in the development of existing state and interstate trade, commerce, and markets for South Carolina goods and in the removal of barriers to the industrial, commercial, and agricultural development of the State;
(h) assistance in ensuring stability in employment, increasing the opportunities for employment of the citizens of the State, devising ways and means to raise the living standards of the people of the State;
(i) enhancement of the general welfare of the people; and
(j) encouragement and consideration as appropriate so as to consider race, gender, and other demographic factors to ensure nondiscrimination, inclusion, and representation of all segments of the State to the greatest extent possible."
C. (1) Where the provisions of this section transfer the South Carolina Film Commission from the Department of Commerce to the Department of Parks, Recreation and Tourism, the employees, authorized appropriations, and assets and liabilities of the South Carolina Film Commission are also transferred to and become part of the Department of Parks, Recreation and Tourism. All classified or unclassified personnel employed by the South Carolina Film Commission on the effective date of this section, either by contract or by employment at will, shall become employees of the Department of Parks, Recreation and Tourism, with the same compensation, classification, and grade level, as applicable. The Budget and Control Board shall cause all necessary actions to be taken to accomplish this transfer in accordance with state laws and regulations.
(2) Regulations promulgated by the South Carolina Film Commission are continued and are considered to be promulgated by the Film Commission as a division of the Department of Parks, Recreation and Tourism.
(3) The Code Commissioner is directed to change or correct all references to the South Carolina Film Commission to reflect its transfer to the Department of Parks, Recreation and Tourism. References to the name of the South Carolina Film Commission in the 1976 Code or other provisions of law are considered to be and must be construed to mean appropriate references.
D. Title 12 of the 1976 Code is amended by adding:
"CHAPTER 64
South Carolina Motion Picture Incentive Act of 2008
Section 12-64-10. This chapter may be cited as the 'South Carolina Motion Picture Incentive Act of 2008'.
Section 12-64-20. (1) 'Base investment' means the aggregate funds actually invested and expended by a production company as qualified production expenditures incurred in this State that are directly used in state-certified production or productions.
(2) 'Company' means a corporation, partnership, limited liability company, or other business entity.
(3) 'Department' means the South Carolina Department of Parks, Recreation and Tourism, including the South Carolina Film Commission.
(4) 'Direct use expenditure' means an expenditure in a qualified production activity. A production company may only claim production expenditures that are directly used in a qualified production activity. In determining whether an expenditure is directly used in a qualified production activity, the South Carolina Film Commission will consider the proximity of the expenditure to the activity as well as the causal relationship between the expenditure and the activity.
(5) 'Director' means the director of the Department of Parks, Recreation and Tourism.
(6) 'Live sporting event' means a scheduled sporting competition, game, or race that is not originated by a production company, but originated solely by an amateur, collegiate, or professional organization, institution, or association for live or tape-delayed television or satellite broadcast. The term does not include commercial advertising, an episodic television series, a television pilot, music video, motion picture, or documentary production where any sporting events are presented through archived historical footage or similar footage depicting either live sporting events that originated more than thirty days before the time of usage.
(7) 'Multimarket commercial distribution' means commercial distribution which extends to markets outside the State of South Carolina.
(8) 'Payroll' means payment for services to individuals who are directly involved in the filming of qualified production activities in South Carolina. If an individual directly involved in the filming of qualified production activities in South Carolina is represented by a personal service corporation, loan out company, or payroll services company, all payments to the personal service corporation, loan out company, or payroll services company representing the individual qualify for the rebate pursuant to Section 12-60-40.
(9) 'Production company' means a company which has been approved by the department and primarily engages in qualified production activities. 'Production company' does not mean or include any form of business owned, affiliated, or controlled, in whole or in part, by any company or person which is in default on any tax obligation of the State, or a loan made or guaranteed by the State until such time as the tax obligation or loan is satisfied.
(10) 'Qualified production activities' means the production of new film, video, or digital projects produced in this State and approved by the department such as feature films, pilots, movies for television, commercial advertisement, and music videos. The term 'qualified production activities' does not include the production of television coverage of news and live sporting events or a production produced by a production company if records, as required by 18 USC 2257, are to be maintained by that motion picture production company with respect to any performer portrayed in that single media or multimedia program.
For purposes of this definition, in the case of an episodic television series, an entire season of episodes is considered one production. The rebate is computed based on all of the production company's qualifying expenses incurred with respect to the production of the entire season's episodes.
(11) 'Qualified production expenditures' means preproduction, production and postproduction expenditures incurred in this State that are directly used in a qualified production activity, including without limitation the following from a South Carolina supplier: set construction and operation; wardrobes, make-up, accessories, and related services; costs associated with photography and sound synchronization, lighting and related services and materials; editing and related services; rental of facilities and equipment; leasing of vehicles; costs of food and lodging; digital or tape editing, transfers of film to tape or digital format, sound mixing, computer graphics services, and special effects services; total aggregate payroll; airfare, if the flight is directly related to production activities in South Carolina and purchased through a South Carolina travel agency or travel company; insurance costs if purchased through a South Carolina based insurance agency; and other direct costs of producing the project in accordance with generally accepted entertainment industry practices. The term must not include postproduction expenditures for marketing and distribution.
(12) 'Resident' means an individual who is domiciled in this State and who is liable for South Carolina income and property taxes.
(13) 'South Carolina supplier' means an entity, including, but not limited to, a limited liability company, a single member limited liability company, a corporation, an 'S' corporation, a partnership or a sole proprietorship that:
(a) has at least one full-time employee within the State;
(b) has a physical location in the State that consists of more than a post office box or drop box and that maintains normal business and has a South Carolina telephone number;
(c) has registered to pay South Carolina income taxes and withholding taxes, and if applicable, South Carolina sales tax; and
(d) has registered to do business, if required, with the South Carolina Secretary of State.
Section 12-64-30. (A) For the purposes of the recruitment and development of qualified production activities in South Carolina, the General Assembly shall appropriate to the department an amount equal to twenty-six percent of the general fund portion of admissions tax collected by the State for the previous fiscal year. Rebates payable pursuant to Section 12-64-40 may not exceed in total ten million dollars annually from the general fund of the State, and this ten million dollars is in addition to amounts made available as a percentage of admissions tax revenues.
(B) The department shall utilize funds to rebate direct use expenditures for qualified production activities or qualified production expenses as provided pursuant to Sections 12-64-40 and 12-64-60 when these expenditures equal or exceed a base investment of one million dollars in twelve consecutive months.
(C)(1) An application for the rebates provided for by this chapter must be accepted only from production companies that report an anticipated base investment in the State in the aggregate equal to or exceeding one million dollars in a twelve-month period.
(2) The application must be approved by the department.
(D) The department shall use up to seven percent of these funds for marketing for the following purposes:
(1) to allow for assistance with recruitment or infrastructure development of the film industry, or
(2) marketing, or
(3) ally support, or
(4) special events.
(E)(1) The rebate provided in this section is available to the production company at the end of all qualified production activity. The production company shall apply to the South Carolina Film Commission for a certificate of completion once qualified production activity in South Carolina is complete. The production company shall provide any information the South Carolina Film Commission considers necessary to determine if the one million dollar base investment requirement has been met.
(2) A production company may claim the rebate by filing a request for a rebate with the South Carolina Film Commission once the certificate of completion is obtained. To claim the rebate, the production company and all companies described in Section 12-64-40(B)(1)(b) or (c) must be current with respect to all taxes or loans due and owing the State or political subdivisions at the time of the filing of the request for the rebate. If the production company or company described in Section 12-64-40(B)(1)(b) or (c) is not current with respect to all taxes due and owing the State or political subdivisions, the production company may be barred from claiming the rebate until the taxes and loans have been paid in full.
(3) The production company shall attach to its request for the rebate a copy of the certificate of completion and a copy of all assignments of the rebate, if applicable.
(F) A production company claiming a rebate pursuant to this section, and all companies described in Section 12-64-40(B)(1)(b) or (c), shall make payroll books and records of all expenditures available for inspection to the South Carolina Film Commission at the times requested by the South Carolina Film Commission. Each production company claiming the rebate, at the time of filing, shall provide a report to the South Carolina Film Commission that includes the project's name, the name of each employee that worked on the project, the social security number for each employee, the beginning and ending date of employment, the number of days the employee worked, a job description for each employee, the total gross wages for each employee, the South Carolina taxable wages subject to withholding for each employee, and other information considered necessary by the South Carolina Film Commission. The report also must contain the total amount of withholding attributable to all employees that worked on the project in South Carolina.
(G) A production company claiming a rebate pursuant to Section 12-64-60 shall make records of all expenditures available for inspection to the South Carolina Film Commission at the times requested by the South Carolina Film Commission. Each production company claiming the rebate shall provide a report, as prescribed by the South Carolina Film Commission, at the time of filing.
(H) For purposes of this section, and as an exception to Section 12-54-240, a production company and a company described in Section 12-64-40(B)(1)(b) or (c) agree that the department and the Department of Revenue may provide information concerning the request for the rebate and the certificate of completion among the respective taxpayers and the respective agencies.
(I) The allocations to production companies contemplated by this chapter must be made by the department. The South Carolina Film Commission may prescribe policies and procedures necessary to administer the application and award of the rebate.
(J) The rebates paid to a production company are not income and not subject to tax pursuant to Chapter 6 of this title.
(K) The department shall report annually on the use of all funds pursuant to this section. The report is a public record pursuant to the Freedom of Information Act, Chapter 4 of Title 30, and must be posted annually on the department's web site by December thirty-first for the previous fiscal year.
Section 12-64-40. (A) The department may rebate to a production company a portion of the South Carolina payroll of the employment of persons subject to South Carolina income tax withholdings in connection with production of qualified production activities. The rebate is an amount up to twenty percent of the total aggregate South Carolina payroll. Up to an additional ten percent rebate may be paid for all South Carolina residents who are paid a minimum of eighteen dollars an hour. For purposes of this section, total aggregate payroll does not include the portion of the salary of an employee whose salary is greater than one million dollars for each qualified production activity.
(B)(1) For purposes of this section, an employee is an individual directly involved in the qualified production activity in South Carolina and who is an employee of a:
(a) production company;
(b) personal service corporation retained by a production company to provide persons used directly in the qualified production activity in South Carolina; or
(c) payroll services or loan out company that is retained by a production company to provide employees who work directly in the qualified production activity in South Carolina.
(2) Each individual who provides services in connection with the qualified production activities must be certified by the South Carolina Film Commission as a qualifying individual in order for the individual's South Carolina payroll to qualify for the rebate provided in this section.
(C) The rebate applies with respect to an employee described in subsection (B)(1)(b) or (c) of this section only if, before the rebate is applied for, the personal services corporation, payroll services company, or loan out company is approved and certified by the South Carolina Film Commission, and makes an irrevocable assignment of its rebate to the production company that produced the qualified production activity. The assignment must be made on a form provided by the South Carolina Film Commission which must include a waiver of confidentiality pursuant to Section 12-54-240. Upon assignment, the rebate may be paid only to the production company. A personal services corporation, payroll services company, or loan out company which is a subcontractor to another entity which has made or does make the irrevocable assignment is not required to make the assignment to execute the form. However, a subcontractor is not entitled to a rebate unless, before the start of the physical production in South Carolina, the subcontractor has notified the South Carolina Film Commission and the production company that it does not intend to assign its rebate.
Section 12-64-50. At the time the production company is certified by the department, it may make, with the approval of the department, an irrevocable assignment of future payments attributable to the rebates made pursuant to Section 12-64-30 to a designated trustee. The assignment must specify the exact dollar amount being assigned to the designated trustee. For purposes of this chapter, 'designated trustee' means the single financier or financial institution designated by the production company to receive all assignments of payments made pursuant to this chapter and to the terms of an agreement entered into by the production company. If a production company elects to assign payments to the designated trustee, the election must be made on a form provided by the department, including a waiver of confidentiality pursuant to Section 12-54-240, and the payments may be paid only to the designated trustee. The production company shall file an application for the assignment with the department before applying for the rebate.
Section 12-64-60. (A)(1) The department may rebate to a production company an amount up to thirty percent of the qualified production expenditures made by the production company in this State.
(2) This subsection does not apply to payroll paid for production company employees subject to Section 12-64-40 or money paid to the companies described in Section 12-64-40(B)(1)(b) or (c).
(B) An additional one percent of the general fund portion of admissions tax collected by this State for the previous fiscal year must be appropriated to the department for the exclusive use of the South Carolina Film Commission for the promotion of collaborative production and educational efforts between institutions of higher learning in South Carolina and qualified production activities. These appropriations must be appropriated annually by September first to the department for the exclusive use of the South Carolina Film Commission. The South Carolina Film Commission may prescribe procedures necessary to administer this section. Unexpended funds from this appropriation carry forward to the next and succeeding fiscal years and must be used for the same purpose.
Section 12-64-70. (A) An additional one percent of the general fund portion of admissions tax collected by this State for the previous year must be allocated to the South Carolina Film Commission for the development and funding of a trainee wage reimbursement program, apprenticeship programs, and other qualified production activity training programs for South Carolina residents. These appropriations must be appropriated annually to the department in the general appropriations act and must be made available annually by September first to the department for the exclusive use of the South Carolina Film Commission. Unexpended funds from this source may be carried over to the next and succeeding fiscal years and must be used for the same purpose. The South Carolina Film Commission may develop these programs in conjunction with South Carolina universities and colleges that have academic departments instructing students in qualified production activities and must take into account industry best practices. The South Carolina Film Commission shall offer a fifty percent reimbursement of wages for on-the-job training of South Carolina residents in advanced crew positions for up to 1,040 hours a year. To be eligible and to be pre-approved by the South Carolina Film Commission, participants in the program must:
(1) be a South Carolina resident;
(2) be certified as a qualified production activity trainee by the South Carolina Film Commission;
(3) employed by a qualified production activity in South Carolina.
(B) After approval by the South Carolina Film Commission, the department may provide for reimbursement of fifty percent of payroll paid to the personnel for whom information is submitted in accordance with the South Carolina Film Commission's policies and procedures.
(C) This section does not apply to production company employees receiving rebates pursuant to Section 12-64-40.
(D) The South Carolina Film Commission may prescribe procedures necessary to administer this section.
(E) The provisions of this section are effective only for the five consecutive state fiscal years beginning July 1, 2009.
Section 12-64-80. (A)(1) Upon a determination by the director of the General Services Division of the State Budget and Control Board of the underutilization of state property by a state agency, the South Carolina Film Commission may negotiate below-market rates for temporary use, no more than twelve months, of space for the underutilized property. The negotiations and temporary use are exempt from the provisions of the South Carolina Consolidated Procurement Code. State-owned or political subdivision-owned properties may recoup all costs they expend on behalf of and at the direction of the production company at normal and customary rates incurred by the state agency. State-owned or political subdivision-owned properties also may recoup costs required to repair damage caused by the production company to real or personal property of the state agency or political subdivision at normal and customary rates incurred by the state agency.
(2) The state agency that owns the property determined to be underutilized may appeal within three business days that determination of underutilization to the State Budget and Control Board.
(B) The State or its political subdivisions may not charge a location or facility fee for properties they own to a production company if the properties are used for ten or fewer days as a location or facility in the production of a qualified production activity, but only properties used directly in filming and not as support locations are covered by this provision. A property may be used for a total of only thirty days without location or facility fees in a calendar year. The production company may be on site no longer than ten days within a thirty-day period without a location or facility fee charge. State-owned or political subdivision-owned properties may recoup all costs they expend on behalf and at the direction of the production company at the normal and customary rates incurred by the state agency or political subdivision. State-owned or political subdivision-owned properties also may recoup a location or facility fee, after the first ten days, not to exceed two thousand five hundred dollars a day. State-owned or political subdivision-owned properties also may recoup costs required to repair damage caused by the production company to real or personal property of the state agency or political subdivision at the normal and customary rates incurred by the state agency or political subdivision. The production company shall reimburse all location or facility costs to the state agency or political subdivision within twenty-one calendar days of completion of production activities on site. The production company may use the publicly-owned property only on the days agreed to and approved by the state agency or political subdivision.
Section 12-64-90. The South Carolina Film Commission may form a South Carolina Film Foundation to solicit donations for the recruitment and development of qualified production activities in furtherance of the purposes of this chapter.
Section 12-64-100. The end credit roll of a qualified production activity that utilizes a South Carolina tax credit or rebate must recognize the State of South Carolina with the following statement as a condition of receiving incentive funding under this section, when appropriate, at no cost to the State. The recognition must at a minimum include placement in the end credits of 'Filmed in South Carolina - www.FilmSC.com' with size and placement commensurate to other logos included in the end credits or, if no logos are used, the statement 'Filmed in South Carolina - www.FilmSC.com' or a similar statement approved by the South Carolina Film Commission before the placement. The State of South Carolina reserves the right to refuse the use of South Carolina's name in the credits of a production produced in the State.
Section 12-64-110. To the extent not already provided, the South Carolina Film Commission may prescribe rules and procedures and promulgate regulations to carry out the intent and purposes of this chapter."
E. Chapter 62, Title 12 of the 1976 Code is repealed.
F. The repeal or amendment by this section of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this section, all laws repealed or amended by this section must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this section, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
G. Except as otherwise stated in this section, this section takes effect July 1, 2008. However, the apprentice program and its funding as provided in Section 12-64-70 of the 1976 Code as contained in Subsection D. of this section takes effect July 1, 2009. /
Renumber sections to conform.
Amend title to conform.
Rep. BINGHAM explained the amendment.
The amendment was then adopted.
Rep. RICE demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Anderson Anthony Bales Ballentine Bannister Barfield Battle Bedingfield Bingham Bowen Bowers Brady Branham Brantley Breeland G. Brown R. Brown Cato Chalk Clemmons Clyburn Cobb-Hunter Coleman Cooper Cotty Crawford Daning Dantzler Davenport Delleney Duncan Edge Erickson Frye Funderburk Gambrell Govan Gullick Hagood Haley Hardwick Harrell Harrison Hart Harvin Haskins Hayes Herbkersman Hiott Hodges Hosey Howard Huggins Hutson Jefferson Jennings Kelly Kennedy Kirsh Knight Leach Limehouse Littlejohn Loftis Lowe Lucas Mack Mahaffey McLeod Merrill Miller Moody-Lawrence Moss Mulvaney J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Phillips Pinson E. H. Pitts Rice Sandifer Scarborough Scott Sellers Shoopman Simrill Skelton D. C. Smith F. N. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Spires Stavrinakis Stewart Talley Taylor Thompson Toole Umphlett Vick Weeks White Whitmire Williams Witherspoon Young
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
S. 1329 (Word version) -- Senators McGill, Grooms and Bryant: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING BY ADDING ARTICLE 101 SO AS TO PROVIDE FOR THE ISSUANCE OF "I BELIEVE" SPECIAL LICENSE PLATES.
Rep. MCLEOD moved to adjourn debate on the Bill until Thursday, May 22.
Rep. MILLER moved to table the motion, which was agreed to by a division vote of 55 to 15.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\5557CM08), which was adopted:
Amend the bill, as and if amended, Section 56-3-10110, as contained in SECTION 1, by adding after the period on line 33:
/ The guidelines for the production of this special license plate must meet the requirements contained in Section 56-3-8100./
Renumber sections to conform.
Amend title to conform.
Rep. MILLER explained the amendment.
The amendment was then adopted.
Rep. SIMRILL demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Anthony Bales Ballentine Bannister Barfield Battle Bedingfield Bingham Bowen Bowers Brady Branham Brantley Breeland G. Brown R. Brown Cato Chalk Clemmons Clyburn Coleman Cooper Cotty Crawford Daning Dantzler Davenport Delleney Duncan Erickson Frye Gambrell Govan Gullick Hagood Haley Hardwick Harrell Harrison Harvin Haskins Hayes Herbkersman Hiott Hodges Hosey Huggins Hutson Jefferson Jennings Kelly Kennedy Kirsh Knight Leach Limehouse Loftis Lowe Lucas Mack Mahaffey Merrill Miller Mitchell Moody-Lawrence Moss Mulvaney J. M. Neal Neilson Ott Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Rice Sandifer Scarborough Scott Sellers Shoopman Simrill Skelton D. C. Smith F. N. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Spires Stavrinakis Stewart Talley Taylor Thompson Toole Umphlett Vick Walker Weeks White Whitmire Williams Witherspoon Young
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
I was temporarily out of the Chamber during the vote on S. 1329. If I had been present, I would have voted in favor of the Bill.
Rep. Lanny Littlejohn
Rep. DUNCAN moved to adjourn debate upon the following Bill, which was adopted:
S. 1050 (Word version) -- Senators Verdin and Ryberg: A BILL TO AMEND CHAPTER 3, TITLE 56 OF THE 1976 CODE, TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE OPERATION DESERT STORM-DESERT SHIELD VETERANS LICENSE PLATES, OPERATION ENDURING FREEDOM VETERANS LICENSE PLATES, AND OPERATION IRAQI FREEDOM VETERANS LICENSE PLATES.
On motion of Rep. COOPER, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means:
S. 530 (Word version) -- Senator Leatherman: A BILL TO ENACT THE PROVISO CODIFICATION ACT OF 2007, TO PROVIDE FOR THE CODIFICATION IN THE SOUTH CAROLINA CODE OF LAWS OF CERTAIN PROVISOS CONTAINED IN THE ANNUAL GENERAL APPROPRIATIONS ACT, AND TO PROVIDE FOR OTHER PROVISIONS RELATED TO THE ANNUAL GENERAL APPROPRIATIONS ACT EFFECTIVE FOR FISCAL YEAR 2007-2008 ONLY.
Rep. HART asked unanimous consent to recall S. 398 (Word version) from the Committee on Labor, Commerce and Industry.
Rep. CATO objected.
On motion of Rep. HOWARD, with unanimous consent, the following Bill was ordered recalled from the Committee on Medical, Military, Public and Municipal Affairs:
S. 297 (Word version) -- Senator Peeler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 61, TITLE 44 SO AS TO ENACT THE "SOUTH CAROLINA EMERGENCY MEDICAL SERVICES EMPLOYMENT ACT" AND TO REQUIRE AFTER JUNE 30, 2007, A PERSON SEEKING EMPLOYMENT AS AN EMERGENCY MEDICAL TECHNICIAN (EMT) TO UNDERGO A CRIMINAL RECORDS CHECK PRIOR TO EMPLOYMENT, TO PROHIBIT EMPLOYMENT OF A PERSON AS AN EMT IF THE PERSON HAS BEEN CONVICTED OF CERTAIN FELONY CRIMES OR CRIMES AGAINST CERTAIN VULNERABLE INDIVIDUALS, TO EXEMPT AN EMT EMPLOYED ON JULY 1, 2007, FROM A CRIMINAL RECORDS CHECK UNLESS AND UNTIL THE EMT CHANGES HIS EMT EMPLOYMENT, AND TO PROVIDE AN EXCEPTION DURING A STATE OF EMERGENCY.
On motion of Rep. M. A. PITTS, with unanimous consent, the following Bill was ordered recalled from the Committee on Agriculture, Natural Resources and Environmental Affairs:
S. 1244 (Word version) -- Senators Campsen, Gregory, Cromer, Ceips, McConnell, Scott and Cleary: A BILL TO AMEND SECTION 50-3-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOURCE OF ASSETS OF THE WILDLIFE ENDOWMENT FUND, SO AS TO PROVIDE THAT ALL LIFETIME PRIVILEGE FEES SHALL BE PART OF THE ASSETS OF THE FUND; TO AMEND SECTION 50-9-510, RELATING TO HUNTING AND FISHING LICENSES AUTHORIZED FOR SALE, SO AS TO PROVIDE THAT A LIFETIME STATEWIDE HUNTING LICENSE MAY BE OBTAINED FROM THE DEPARTMENT AT DESIGNATED LICENSING LOCATIONS RATHER THAN AT THE DEPARTMENT'S COLUMBIA HEADQUARTERS; TO AMEND SECTION 50-9-520, RELATING TO LIFETIME COMBINATION LICENSES, SO AS TO REVISE THE TYPE OF LICENSES OFFERED, THE FEES FOR THESE LICENSES, THE LOCATIONS AT WHICH THEY MAY BE OBTAINED, AND THE PROCESS FOR CONVERTING CERTAIN LIFETIME LICENSES INTO SENIOR LIFETIME LICENSES; TO AMEND SECTION 50-9-540, RELATING TO FISHING LICENSES, SO AS TO CLARIFY THAT CERTAIN LICENSES ARE FOR RECREATIONAL FRESHWATER FISHING AND TO PROVIDE THE PROCEDURE AND FEE FOR OBTAINING A LIFETIME SALTWATER RECREATIONAL FISHERIES LICENSE; TO AMEND SECTION 50-13-1130, RELATING TO WHEN COMMERCIAL FRESHWATER FISHING LICENSES ARE REQUIRED, SO AS TO FURTHER PROVIDE FOR WHEN THESE LICENSES ARE REQUIRED; AND TO AMEND SECTION 50-13-1135, RELATING TO WHEN COMMERCIAL OR RECREATIONAL FRESHWATER FISHING LICENSES ARE REQUIRED WHEN USING CERTAIN DEVICES, SO AS TO FURTHER PROVIDE FOR THE CIRCUMSTANCES REQUIRING EACH LICENSE.
On motion of Rep. HARRISON, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary:
S. 903 (Word version) -- Senators Campsen, McConnell and McGill: A BILL TO AMEND SECTION 1-15-10 OF THE 1976 CODE, RELATING TO APPOINTING THE MEMBERS OF THE COMMISSION ON WOMEN, TO PROVIDE THAT THE COMMISSION IS COMPOSED OF FIFTEEN MEMBERS APPOINTED BY THE GOVERNOR, WITH ONE MEMBER APPOINTED FROM EACH CONGRESSIONAL DISTRICT AND NINE MEMBERS FROM THE STATE AT-LARGE.
Rep. HART asked unanimous consent to recall H. 3294 from the Committee on Labor, Commerce and Industry.
Rep. CATO objected.
Rep. HART asked unanimous consent to recall H. 3448 (Word version) from the Committee on Labor, Commerce and Industry.
Rep. CATO objected.
Rep. HART asked unanimous consent to recall H. 3419 (Word version) from the Committee on Labor, Commerce and Industry.
Rep. CATO objected.
The Veto on the following Act was taken up:
(R244) H. 3084 (Word version) -- Reps. Clemmons and Witherspoon: AN ACT TO AMEND SECTION 56-16-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE A MANUFACTURER WHO SEEKS TO ENTER INTO A FRANCHISE ESTABLISHING AN ADDITIONAL NEW MOTORCYCLE DEALERSHIP OR RELOCATING AN EXISTING NEW MOTORCYCLE DEALERSHIP IN A RELEVANT MARKET AREA WHERE THIS LINE-MAKE IS REPRESENTED MUST FOLLOW, SO AS TO DELETE THE TERM "NEW MOTORCYCLE" AND REPLACE IT WITH THE TERM "MOTORCYCLE", TO MAKE A TECHNICAL CHANGE, TO INCREASE THE SIZE OF THE RELEVANT MARKET AREA, TO REVISE THE PERIOD IN WHICH A CIVIL ACTION MAY COMMENCE UNDER THIS PROVISION AND THE METHOD OF NOTICE THAT MUST BE USED, AND TO REVISE THE CONDITIONS UPON WHICH A COURT SHALL ENJOIN OR PROHIBIT THE ESTABLISHMENT OF CERTAIN NEW OR RELOCATED DEALERSHIPS; BY ADDING SECTION 56-16-220 SO AS TO PROVIDE THAT THE STATE OF SOUTH CAROLINA IS THE VENUE FOR AN ACTION BROUGHT PURSUANT TO CHAPTER 16 OF TITLE 56, AND TO PROVIDE THAT A PROVISION OF A FRANCHISE OR OTHER AGREEMENT WITH CONTRARY PROVISIONS IS VOID AND UNENFORCEABLE; AND BY ADDING SECTION 56-16-230 SO AS TO PROVIDE STATUTE OF LIMITATIONS FOR ACTIONS ARISING OUT OF A PROVISION CONTAINED IN CHAPTER 16 OF TITLE 56.
Rep. CATO explained the Veto.
The question was put, shall the Act become a part of the law, the Veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allen Anderson Anthony Bales Ballentine Bannister Barfield Battle Bowers Brady Branham Brantley Breeland G. Brown Cato Clemmons Cooper Daning Dantzler Davenport Duncan Funderburk Gambrell Gullick Haley Hardwick Harrison Hayes Hodges Hosey Huggins Jefferson Jennings Kirsh Knight Limehouse Littlejohn Lowe Mack McLeod Miller Mitchell Moss J. H. Neal J. M. Neal Neilson Ott Parks Perry Phillips Pinson M. A. Pitts Rice Sandifer Scarborough Spires Taylor Umphlett Vick Whipper White Witherspoon
Those who voted in the negative are:
Bedingfield Bingham R. Brown Coleman Cotty Crawford Delleney Erickson Frye Govan Hagood Harrell Hart Herbkersman Hiott Hutson Kelly Kennedy Leach Lucas Mahaffey Merrill Moody-Lawrence Mulvaney E. H. Pitts Rutherford Scott Sellers Shoopman Simrill Skelton D. C. Smith F. N. Smith G. M. Smith G. R. Smith J. E. Smith J. R. Smith W. D. Smith Stavrinakis Stewart Talley Thompson Toole Walker Weeks Whitmire Williams Young
So, the Veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
The Veto on the following Act was taken up:
(R249) H. 3543 (Word version) -- Reps. Funderburk and Mulvaney: AN ACT TO AMEND SECTION 40-23-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE, RENEWAL, AND REINSTATEMENT OF A LICENSE ISSUED BY THE ENVIRONMENTAL CERTIFICATION BOARD, AMONG OTHER THINGS, SO AS TO CHANGE THE PERIOD IN WHICH A LICENSEE MAY FILE AN APPLICATION TO REINSTATE A LAPSED LICENSE FROM NINETY DAYS TO THREE HUNDRED SIXTY-FIVE DAYS, AND TO REQUIRE THAT AN APPLICANT SEEKING REINSTATEMENT OF A LAPSED LICENSE MEET CERTAIN CONTINUING EDUCATION REQUIREMENTS.
Rep. FUNDERBURK explained the Veto.
The question was put, shall the Act become a part of the law, the Veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Agnew Alexander Allen Anderson Anthony Bales Ballentine Bannister Barfield Battle Bedingfield Bingham Bowen Bowers Brady Branham Brantley G. Brown R. Brown Cato Clemmons Clyburn Coleman Cooper Cotty Daning Davenport Delleney Duncan Erickson Frye Funderburk Gambrell Govan Gullick Hagood Haley Hardwick Harrell Harrison Hart Harvin Haskins Hayes Hiott Hosey Howard Huggins Hutson Jefferson Jennings Kelly Kirsh Knight Leach Limehouse Littlejohn Loftis Lowe Lucas Mack Mahaffey McLeod Merrill Miller Mitchell Moody-Lawrence Moss Mulvaney J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Rice Rutherford Sandifer Scott Sellers Simrill Skelton F. N. Smith G. M. Smith J. E. Smith J. R. Smith W. D. Smith Spires Stavrinakis Talley Taylor Thompson Toole Vick Weeks Whipper White Whitmire Williams Witherspoon Young
Those who voted in the negative are:
Crawford Scarborough Shoopman G. R. Smith Umphlett
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The Veto on the following Act was taken up:
(R252) H. 3816 (Word version) -- Reps. G. M. Smith, Weeks and G. Brown: AN ACT TO AMEND SECTION 15-41-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY EXEMPT FROM ATTACHMENT, LEVY, AND SALE, SO AS TO INCREASE THE AMOUNT OF DEBTOR'S INTEREST IN CERTAIN DELINEATED PROPERTIES THAT ARE EXEMPT FROM ATTACHMENT, LEVY, AND SALE UNDER ORDER OF A COURT OR AS A RESULT OF A BANKRUPTCY PROCEEDING.
Rep. HAGOOD explained the Veto.
The question was put, shall the Act become a part of the law, the Veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Anthony Bales Bannister Barfield Battle Bedingfield Bowen Bowers Brady Branham Brantley Breeland R. Brown Cooper Crawford Daning Dantzler Davenport Delleney Edge Funderburk Gambrell Govan Gullick Hagood Haley Hardwick Harrell Harrison Hart Haskins Hayes Hiott Hodges Hosey Howard Huggins Jefferson Kelly Kennedy Kirsh Knight Leach Limehouse Littlejohn Lucas Mahaffey McLeod Miller Moody-Lawrence Moss Mulvaney J. H. Neal J. M. Neal Ott Owens Parks Perry Phillips E. H. Pitts Rice Rutherford Scott Sellers Shoopman Skelton G. M. Smith J. E. Smith W. D. Smith Spires Stavrinakis Talley Taylor Vick Weeks White Young
Those who voted in the negative are:
Agnew Ballentine Bingham Chalk Cotty Duncan Erickson Frye Herbkersman Hutson Loftis Lowe Merrill Pinson M. A. Pitts Sandifer Scarborough Simrill D. C. Smith G. R. Smith J. R. Smith Stewart Thompson Toole Umphlett Witherspoon
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The Veto on the following Act was taken up:
(R256) H. 4520 (Word version) -- Reps. Cooper, Harrell, Cobb-Hunter, Walker, Perry, Battle, Skelton, Thompson, Alexander, Ballentine, Edge, Harrison, Hayes, Limehouse, J. H. Neal, Ott, Owens, Williams, Spires, Whipper, R. Brown, Hosey, Mitchell and Hodges: AN ACT TO AUTHORIZE THE UNIVERSITY OF SOUTH CAROLINA TO ISSUE REVENUE BONDS TO PROVIDE FUNDS FOR THE ACQUISITION, CONSTRUCTION, AND EQUIPPING OF A NEW BUSINESS SCHOOL FACILITY AND FOR THE RENOVATION OF THE CLOSE-HIPP BUILDING FOR LEASE AND OCCUPANCY BY AN AGENCY OF THE FEDERAL GOVERNMENT, TO PROVIDE THAT THE REVENUE BONDS SHALL BE SECURED BY AND PAYABLE FROM A PLEDGE OF THE LEASE PAYMENTS, AND TO PROVIDE THE PROCESS, PROCEDURES, AND PROVISIONS UNDER WHICH THE REVENUE BONDS MAY BE ISSUED AND CIRCUMSTANCES UNDER WHICH THE BONDS MAY BE REFINANCED.
Rep. COOPER explained the Veto.
The question was put, shall the Act become a part of the law, the Veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Agnew Anderson Anthony Bales Ballentine Bannister Barfield Battle Bedingfield Bingham Bowen Bowers Brady Branham Brantley Breeland G. Brown R. Brown Cato Chalk Clyburn Cobb-Hunter Coleman Cooper Cotty Daning Dantzler Davenport Delleney Edge Erickson Funderburk Gambrell Govan Gullick Haley Harrell Harrison Hart Harvin Hayes Hiott Hodges Hosey Howard Huggins Jefferson Kelly Kirsh Knight Leach Limehouse Littlejohn Lowe Lucas Mack Mahaffey Merrill Miller Mitchell Moody-Lawrence Moss Mulvaney J. M. Neal Neilson Ott Owens Parks Perry Pinson E. H. Pitts Rice Rutherford Sandifer Scarborough Scott Sellers Shoopman Skelton F. N. Smith G. R. Smith J. E. Smith J. R. Smith Stavrinakis Taylor Vick Walker Weeks Whipper White Witherspoon Young
Those who voted in the negative are:
Duncan Haskins Hutson M. A. Pitts Simrill G. M. Smith Thompson Toole Umphlett Whitmire
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Further proceedings were interrupted by the Joint Assembly.
At 12:00 noon the Senate appeared in the Hall of the House. The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
The Reading Clerk of the House read the following Concurrent Resolutions:
S. 1183 (Word version) -- Senators Ritchie, Ford and Knotts: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 21, 2008, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 3, TO FILL THE UNEXPIRED TERM WHICH EXPIRES JUNE 30, 2013; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 9, TO FILL THE UNEXPIRED TERM OF WHICH EXPIRES JUNE 30, 2010, AND THE SUBSEQUENT FULL TERM WHICH EXPIRES JUNE 30, 2016; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, THIRTEENTH JUDICIAL CIRCUIT, SEAT 3, TO FILL THE UNEXPIRED TERM WHICH EXPIRES JUNE 30, 2010, AND THE SUBSEQUENT FULL TERM WHICH EXPIRES JUNE 30, 2016.
H. 5048 (Word version) -- Rep. Phillips: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MAY 21, 2008, IMMEDIATELY FOLLOWING THE ELECTION OF SUCCESSORS TO CERTAIN JUDGES OF THE COURT OF APPEALS AND A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, AS THE DATE FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARDS OF TRUSTEES OF THE COLLEGE OF CHARLESTON, COASTAL CAROLINA UNIVERSITY, FRANCIS MARION UNIVERSITY, THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, SOUTH CAROLINA STATE UNIVERSITY, THE UNIVERSITY OF SOUTH CAROLINA, AND THE WIL LOU GRAY OPPORTUNITY SCHOOL TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 2008, OR WHOSE POSITIONS OTHERWISE MUST BE FILLED; AND TO ESTABLISH A PROCEDURE REGARDING NOMINATIONS AND SECONDING SPEECHES FOR THE CANDIDATES FOR THESE OFFICES DURING THE JOINT SESSION.
The PRESIDENT recognized Rep. DELLENEY, Chairman of the Judicial Merit Selection Commission.
The PRESIDENT announced that nominations were in order for a Court of Appeals Judge, Seat 3.
Rep. DELLENEY, on behalf of the Judicial Merit Selection Commission, stated that the following candidates had been screened and found qualified: the Honorable John D. Geathers, the Honorable Robert N. Jenkins, and the Honorable Alison Renee Lee.
Rep. DELLENEY stated that the Honorable Alison Renee Lee had withdrawn from the race, and placed the names of the remaining candidates, the Honorable John D. Geathers and the Honorable Robert N. Jenkins, in nomination.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Geathers:
Alexander Bryant Campbell Campsen Ceips Cleary Courson Cromer Gregory Hawkins Hutto Knotts Leatherman Lourie Malloy Martin Massey McConnell McGill Peeler Rankin Ritchie Ryberg Setzler Sheheen Short Williams
The following named Senators voted for Jenkins:
Anderson Drummond Elliott Fair Ford Hayes Jackson Land Leventis Matthews Patterson Pinckney Reese Scott Thomas Vaughn Verdin
On motion of Rep. DELLENEY, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Geathers:
Agnew Alexander Anderson Anthony Barfield Battle Bedingfield Bingham Bowen Bowers Brady Branham G. Brown Cato Clemmons Cobb-Hunter Cotty Crawford Dantzler Duncan Edge Erickson Funderburk Gambrell Hagood Haley Hardwick Harrell Harrison Hart Hayes Herbkersman Hiott Hodges Hosey Howard Huggins Kelly Kennedy Kirsh Leach Loftis Lowe Lucas Merrill Moss Mulvaney J. H. Neal Neilson Ott Owens Perry E. H. Pitts M. A. Pitts Sandifer Shoopman Skelton D. C. Smith G. M. Smith J. R. Smith W. D. Smith Spires Stavrinakis Stewart Talley Thompson Toole Umphlett Vick Walker Whipper White Whitmire Witherspoon Young
The following named Representatives voted for Jenkins:
Allen Bales Ballentine Bannister Brantley Breeland R. Brown Chalk Clyburn Coleman Daning Davenport Delleney Frye Govan Harvin Haskins Hutson Jefferson Jennings Knight Limehouse Littlejohn Mack Mahaffey McLeod Miller Mitchell Moody-Lawrence J. M. Neal Parks Phillips Pinson Rice Rutherford Scarborough Scott Sellers Simrill F. N. Smith G. R. Smith J. E. Smith Taylor Weeks Williams
Total number of Senators voting 44
Total number of Representatives voting 120
Grand Total 164
Necessary to a choice 83
Of which Geathers received 102
Of which Jenkins received 62
Whereupon, the PRESIDENT announced that the Honorable John D. Geathers was duly elected for the term prescribed by law.
I was temporarily out of the Chamber during the vote for the Court of Appeals, Seat 3. If I had been present, I would have voted for Mr. Geathers.
Rep. Daniel Cooper
The PRESIDENT announced that nominations were in order for a Court of Appeals Judge, Seat 9.
Rep. DELLENEY, on behalf of the Judicial Merit Selection Commission, stated that the following candidates had been screened and found qualified: the Honorable J. Mark Hayes II, the Honorable J. Rene Josey, and the Honorable James E. Lockemy.
Rep. DELLENEY stated that the following candidate had withdrawn from the race, the Honorable J. Rene Josey, and placed the names of the remaining candidates, Honorable J. Mark Hayes II and the Honorable James E. Lockemy, in nomination.
Rep. BEDINGFIELD seconded the nomination of James E. Lockemy.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Hayes:
Anderson Bryant Courson Fair Hawkins Lourie Peeler Reese Ritchie Ryberg Vaughn Verdin
The following named Senators voted for Lockemy:
Alexander Campbell Campsen Ceips Cleary Cromer Drummond Elliott Ford Gregory Hayes Hutto Jackson Knotts Land Leatherman Leventis Malloy Martin Massey Matthews McConnell McGill O'Dell Patterson Pinckney Rankin Scott Setzler Sheheen Short Williams
On motion of Rep. DELLENEY, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Hayes:
Allen Anthony Bales Ballentine Bannister Bowen R. Brown Cato Chalk Cobb-Hunter Coleman Cotty Duncan Govan Hagood Harrell Hart Haskins Herbkersman Hiott Kelly Leach Limehouse Littlejohn Mahaffey Mitchell Moody-Lawrence Moss J. H. Neal Owens Parks Perry Phillips E. H. Pitts M. A. Pitts Rutherford Shoopman Skelton D. C. Smith F. N. Smith G. R. Smith J. E. Smith J. R. Smith W. D. Smith Stewart Talley Taylor Walker White
The following named Representatives voted for Lockemy:
Agnew Alexander Anderson Barfield Battle Bedingfield Bingham Bowers Brady Branham Brantley Breeland G. Brown Clemmons Clyburn Cooper Crawford Daning Dantzler Delleney Edge Erickson Frye Funderburk Gambrell Gullick Haley Hardwick Harrison Harvin Hayes Hodges Hosey Howard Huggins Hutson Jefferson Jennings Kennedy Kirsh Knight Loftis Lowe Lucas Mack McLeod Merrill Miller Mulvaney J. M. Neal Neilson Ott Pinson Rice Sandifer Scarborough Scott Sellers Simrill G. M. Smith Spires Stavrinakis Thompson Toole Umphlett Vick Weeks Whipper Whitmire Williams Witherspoon Young
Total number of Senators voting 44
Total number of Representatives voting 121
Grand Total 165
Necessary to a choice 83
Of which Hayes received 61
Of which Lockemy received 104
Whereupon, the PRESIDENT announced that the Honorable James E. Lockemy was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for a Family Court Judge, Thirteenth Judicial Circuit, Seat 3.
Rep. DELLENEY, on behalf of the Judicial Merit Selection Commission, stated that the following candidates had been screened and found qualified: Alex Kinlaw, Jr., W. Marsh Robertson, and the Honorable Letitia H. Verdin.
Rep. DELLENEY stated that W. Marsh Robertson and Alex Kinlaw, Jr., had withdrawn from the race, and placed the name of the remaining candidate, Letitia H. Verdin, in nomination.
On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Letitia H. Verdin was duly elected for the term prescribed by law.
The PRESIDENT recognized Senator Alexander, Chairman of the Joint Screening Committee for the Public Service Commission.
The PRESIDENT announced that nominations were in order for Seat 1.
Senator Alexander, Chairman of the Joint Screening Committee, stated that the following candidates had been screened and found qualified: John E. Howard and Frank Harrington McKnight.
Senator Alexander stated that Frank Harrington McKnight had withdrawn from the race, and placed the name of the remaining candidate, John E. Howard, in nomination.
On motion of Senator Alexander, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that John E. Howard was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for Seat 3.
Senator Alexander, Chairman of the Joint Screening Committee, stated that the following candidates had been screened and found qualified: Nancy Sherer Campbell and Randy Mitchell.
Senator Alexander stated that Nancy Sherer Campbell had withdrawn from the race, and placed the name of the remaining candidate, Randy Mitchell, in nomination.
Rep. JENNINGS seconded the nomination of Randy Mitchell.
On motion of Senator Alexander, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Randy Mitchell was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for Seat 5.
Senator Alexander, Chairman of the Joint Screening Committee, stated that the following candidates had been screened and found qualified: G. O'Neal Hamilton and Benjamin Paul Knott, Jr.
Rep. JENNINGS seconded the nomination of G. O'Neal Hamilton.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Hamilton:
Alexander Anderson Bryant Campbell Campsen Ceips Cleary Courson Cromer Drummond Elliott Fair Ford Gregory Hawkins Hutto Jackson Knotts Land Leatherman Leventis Lourie Malloy Martin Massey Matthews McConnell McGill O'Dell Patterson Peeler Pinckney Rankin Reese Ritchie Ryberg Scott Setzler Sheheen Short Thomas Vaughn Verdin Williams
The following named Senators voted for Knott:
Hayes
On motion of Rep. PHILLIPS, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Hamilton:
Agnew Alexander Allen Anthony Bales Ballentine Bannister Barfield Battle Bedingfield Bingham Bowen Bowers Brady Branham Brantley Breeland G. Brown R. Brown Cato Chalk Clemmons Clyburn Cobb-Hunter Coleman Cooper Cotty Crawford Daning Dantzler Davenport Delleney Duncan Edge Erickson Frye Funderburk Gambrell Govan Hagood Haley Hardwick Harrell Harrison Hart Harvin Hayes Herbkersman Hiott Hodges Hosey Howard Huggins Hutson Jefferson Jennings Kelly Kennedy Kirsh Knight Leach Limehouse Littlejohn Loftis Lowe Lucas Mack Mahaffey McLeod Merrill Miller Mitchell Moody-Lawrence Moss Mulvaney J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Rice Rutherford Sandifer Scarborough Scott Sellers Shoopman Skelton D. C. Smith G. M. Smith G. R. Smith J. E. Smith J. R. Smith Spires Stavrinakis Stewart Talley Taylor Thompson Toole Umphlett Vick Walker Weeks Whipper White Whitmire Williams Witherspoon Young
The following named Representatives voted for Knott:
Gullick Simrill
Total number of Senators voting 45
Total number of Representatives voting 118
Grand Total 163
Necessary to a choice 82
Of which Hamilton received 160
Of which Knott received 3
Whereupon, the PRESIDENT announced that G. O'Neal Hamilton was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the At-Large Seat.
Senator Alexander, Chairman of the Joint Screening Committee, stated that the following candidates had been screened and found qualified: Frank Harrington McKnight and Swain Edgar Whitfield.
Senator Alexander stated that Frank Harrington McKnight had withdrawn from the race, and placed the name of the remaining candidate, Swain Edgar Whitfield, in nomination.
On motion of Senator Alexander, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Swain Edgar Whitfield was duly elected for the term prescribed by law.
The PRESIDENT of the Senate recognized Rep. PHILLIPS, on behalf of the Screening Committee for the State Colleges and Universities Boards of Trustees.
The PRESIDENT announced that nominations were in order for the First Congressional District, Seat 2.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that L. Cherry Daniel had been screened, found qualified, and placed his name in nomination.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that L. Cherry Daniel was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Second Congressional District, Seat 4.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that G. Lee Mikell had been screened, found qualified, and placed his name in nomination.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that G. Lee Mikell was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Third Congressional District, Seat 6.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that J. Philip Bell had been screened, found qualified, and placed his name in nomination.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that J. Philip Bell was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Fourth Congressional District, Seat 8.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that Lawrence R. Miller had been screened, found qualified, and placed his name in nomination.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Lawrence R. Miller was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Fifth Congressional District, Seat 10.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that Dwight Johnson had been screened, found qualified, and placed his name in nomination.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Dwight Johnson was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Sixth Congressional District, Seat 12.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that Marie M. Land had been screened, found qualified, and placed his name in nomination.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Marie M. Land was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the At-Large District, Seat 14.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that James F. Hightower had been screened, found qualified, and placed his name in nomination.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that James F. Hightower was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for one At-Large Seat.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that Douglas A. Snyder had been screened, found qualified, and placed his name in nomination.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Douglas A. Snyder was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for one At-Large Seat.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that Ben Legare had been screened, found qualified, and placed his name in nomination.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Ben Legare was duly elected for the term prescribed by law.
AT-LARGE, THREE SEATS
The PRESIDENT announced that nominations were in order for three At-Large Seats.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that Louis B. Lynn, William C. Smith, Jr., Bob Peeler, Lucian Norton, Jr., and Hunter C. Platt had been screened and found qualified.
Rep. PHILLIPS stated that Hunter C. Platt had withdrawn from the race, and placed the names of the remaining candidates, Louis B. Lynn, Lucian Norton, Jr., Bob Peeler, and William C. Smith, Jr., in nomination.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Lynn:
Alexander Anderson Bryant Campbell Campsen Ceips Cleary Courson Cromer Drummond Elliott Fair Ford Gregory Hawkins Hayes Hutto Jackson Knotts Land Leatherman Leventis Lourie Malloy Martin Massey Matthews McConnell McGill O'Dell Patterson Peeler Pinckney Rankin Reese Ritchie Ryberg Scott Setzler Sheheen Short Thomas Vaughn Verdin Williams
The following named Senators voted for Norton:
The following named Senators voted for Peeler:
Alexander Anderson Bryant Campbell Campsen Ceips Cleary Courson Cromer Drummond Elliott Fair Ford Gregory Hawkins Hayes Hutto Jackson Knotts Land Leatherman Lourie Malloy Martin Massey Matthews McConnell McGill O'Dell Patterson Peeler Pinckney Rankin Reese Ritchie Ryberg Scott Setzler Sheheen Short Thomas Vaughn Verdin Williams
The following named Senators voted for Smith:
Alexander Anderson Bryant Campbell Campsen Ceips Cleary Courson Cromer Drummond Elliott Fair Ford Gregory Hawkins Hayes Hutto Jackson Knotts Land Leatherman Leventis Lourie Malloy Martin Massey Matthews McConnell McGill O'Dell Patterson Peeler Pinckney Rankin Reese Ritchie Ryberg Scott Setzler Sheheen Short Thomas Vaughn Verdin Williams
On motion of Rep. PHILLIPS, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Lynn:
Agnew Alexander Allen Anderson Anthony Bales Ballentine Bannister Barfield Battle Bedingfield Bingham Bowen Bowers Brady Branham Brantley Breeland G. Brown R. Brown Cato Chalk Clemmons Clyburn Cobb-Hunter Coleman Cooper Cotty Crawford Daning Dantzler Davenport Delleney Duncan Edge Erickson Funderburk Gambrell Govan Gullick Hagood Haley Hardwick Harrell Harrison Hart Harvin Haskins Hayes Herbkersman Hiott Hodges Hosey Howard Huggins Hutson Jefferson Jennings Kelly Kennedy Kirsh Knight Leach Limehouse Littlejohn Loftis Lowe Lucas Mack Mahaffey McLeod Miller Mitchell Moody-Lawrence Moss Mulvaney J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Pinson E. H. Pitts M. A. Pitts Rice Rutherford Sandifer Scarborough Scott Sellers Shoopman Simrill Skelton D. C. Smith F. N. Smith G. R. Smith J. R. Smith Spires Stavrinakis Stewart Talley Taylor Thompson Toole Umphlett Vick Viers Walker Weeks Whipper White Whitmire Williams Witherspoon Young
The following named Representatives voted for Norton:
Barfield
The following named Representatives voted for Peeler:
Alexander Allen Anderson Anthony Bales Ballentine Bannister Battle Bedingfield Bingham Bowen Bowers Brady Branham Brantley Breeland G. Brown R. Brown Cato Chalk Clemmons Clyburn Coleman Cooper Cotty Crawford Dantzler Davenport Delleney Duncan Edge Erickson Funderburk Gambrell Govan Gullick Hagood Haley Hardwick Harrell Harrison Hart Harvin Haskins Hayes Herbkersman Hiott Hodges Hosey Howard Huggins Hutson Jefferson Jennings Kelly Kennedy Knight Leach Limehouse Littlejohn Loftis Lowe Lucas Mack Mahaffey McLeod Merrill Miller Mitchell Moody-Lawrence Moss J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Pinson E. H. Pitts M. A. Pitts Rice Rutherford Sandifer Scarborough Scott Sellers Shoopman Simrill Skelton D. C. Smith F. N. Smith G. M. Smith G. R. Smith J. R. Smith Spires Stavrinakis Stewart Talley Taylor Thompson Toole Umphlett Vick Viers Walker Weeks Whipper White Whitmire Williams Witherspoon Young
The following named Representatives voted for Smith:
Agnew Alexander Allen Anderson Anthony Bales Ballentine Bannister Barfield Battle Bedingfield Bingham Bowen Bowers Brady Branham Brantley Breeland G. Brown R. Brown Cato Chalk Clemmons Clyburn Cobb-Hunter Cooper Cotty Crawford Daning Dantzler Davenport Delleney Duncan Edge Erickson Frye Funderburk Gambrell Govan Gullick Hagood Haley Hardwick Harrell Harrison Hart Harvin Haskins Hayes Herbkersman Hiott Hodges Hosey Howard Huggins Hutson Jefferson Jennings Kelly Kirsh Knight Leach Limehouse Littlejohn Loftis Lowe Lucas Mack Mahaffey McLeod Miller Mitchell Moody-Lawrence Moss Mulvaney J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Pinson E. H. Pitts M. A. Pitts Rice Rutherford Sandifer Scarborough Scott Sellers Shoopman Simrill Skelton D. C. Smith F. N. Smith G. M. Smith G. R. Smith J. R. Smith Spires Stavrinakis Stewart Talley Taylor Thompson Toole Umphlett Vick Viers Walker Weeks White Whitmire Williams Witherspoon Young
Total number of Senators voting 45
Total number of Representatives voting 121
Grand Total 166
Necessary to a choice 84
Of which Lynn received 162
Of which Norton received 1
Of which Peeler received 157
Of which Smith received 161
Whereupon, the PRESIDENT announced that Louis B. Lynn, Bob Peeler, and William C. Smith, Jr. were duly elected for the term prescribed by law.
SECOND CONGRESSIONAL DISTRICT, SEAT 4
The PRESIDENT announced that nominations were in order for the Second Congressional District, Seat 4.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that Robert Templeton and Walda Wildman had been screened and found qualified.
Rep. PHILLIPS stated that Walda Wildman had withdrawn from the race, and placed the name of the remaining candidate, Robert Templeton, in nomination.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Robert Templeton was duly elected for the term prescribed by law.
FIRST CONGRESSIONAL DISTRICT, SEAT 2
The PRESIDENT announced that nominations were in order for the First Congressional District, Seat 2.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that Melissa Johnson Emery had been screened, found qualified, and placed her name in nomination.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Melissa Johnson Emery was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Second Congressional District, Seat 4.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that Gail Ness Richardson had been screened, found qualified, and placed her name in nomination.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Gail Ness Richardson was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Second Congressional District, Seat 3.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that Laura E. Stroman had been screened, found qualified, and placed her name in nomination.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Laura E. Stroman was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Third Congressional District, Seat 6.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that Patricia C. Hartung had been screened, found qualified, and placed her name in nomination.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Patricia C. Hartung was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Fourth Congressional District, Seat 8.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that Brad Boles had been screened, found qualified, and placed his name in nomination.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Brad Boles was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Fifth Congressional District, Seat 8.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that George C. McIntyre had been screened, found qualified, and placed his name in nomination.
Rep. Douglas Jennings, Jr., seconded the nomination of George C. McIntyre.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that George C. McIntyre was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Sixth Congressional District, Seat 12.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that William W. Coleman, Jr., had been screened, found qualified, and placed his name in nomination.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that William W. Coleman, Jr., was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the At-Large District, Seat 14.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that Timothy F. Norwood had been screened, found qualified, and placed his name in nomination.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Timothy F. Norwood was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Second Congressional District, Seat 4.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that George R. Starnes had been screened, found qualified, and placed his name in nomination.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that George R. Starnes was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Third Congressional District, Seat 6.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that Linda Dolney had been screened, found qualified, and placed her name in nomination.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Linda Dolney was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Fourth Congressional District, Seat 8.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that Jack W. Lawrence had been screened, found qualified, and placed his name in nomination.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Jack W. Lawrence was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Fifth Congressional District, Seat 10.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that S. Anne Walker had been screened, found qualified, and placed her name in nomination.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that S. Anne Walker was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Sixth Congressional District, Seat 12.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that Catherine K. Lee had been screened, found qualified, and placed her name in nomination.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Catherine K. Lee was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the At-Large District, Seat 14.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that Ann B. Bowen had been screened, found qualified, and placed her name in nomination.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Ann B. Bowen was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the First Congressional District, non-medical.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that Melvyn Berlinsky and George Tempel had been screened and found qualified.
Rep. PHILLIPS stated that George Tempel had withdrawn from the race, and placed the name of the remaining candidate, Melvyn Berlinsky, in nomination.
Whereupon, the PRESIDENT announced that Melvyn Berlinsky was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Second Congressional District, non-medical.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that William H. Bingham, Sr., had been screened, found qualified, and placed his name in nomination.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that William H. Bingham, Sr., was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Third Congressional District, non-medical.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that Charles W. Shulze had been screened, found qualified, and placed his name in nomination.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Charles W. Shulze was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Fourth Congressional District, medical.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that Dr. Charles B. Thomas, Jr., had been screened, found qualified, and placed his name in nomination.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Dr. Charles B. Thomas, Jr., was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Fifth Congressional District, medical.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that Dr. Cotesworth P. Fishburne, Jr., had been screened, found qualified, and placed his name in nomination.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Dr. Cotesworth P. Fishburne, Jr., was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Sixth Congressional District, medical.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that Dr. E. Conyers O'Bryan, Jr., had been screened, found qualified, and placed his name in nomination.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Dr. E. Conyers O'Bryan, Jr., was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the At-Large District, Seat 7.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that the following candidates had been screened and found qualified: Bryan S. Jeffries, Leslie McInver, Sr., Robert M. Nance, Rico Montell Snell, L. B. Spearman, and Dianne Talley.
Rep. PHILLIPS stated that Leslie McInver, Sr., had withdrawn from the race, and placed the names of the remaining candidates in nomination.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Jeffries:
The following named Senators voted for Nance:
Alexander Anderson Bryant Campbell Campsen Ceips Cleary Courson Cromer Drummond Elliott Fair Ford Hawkins Hayes Hutto Jackson Knotts Land Leatherman Leventis Lourie Malloy Martin Massey Matthews McConnell McGill O'Dell Patterson Peeler Pinckney Rankin Reese Scott Setzler Sheheen Short Vaughn Verdin Williams
The following named Senators voted for Snell:
The following named Senators voted for Spearman:
The following named Senators voted for Talley:
On motion of Rep. PHILLIPS, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Jeffries:
The following named Representatives voted for Nance:
Agnew Alexander Allen Anderson Anthony Bales Bannister Barfield Battle Bedingfield Bingham Bowen Bowers Brady Branham Brantley Breeland G. Brown R. Brown Cato Chalk Clemmons Clyburn Coleman Cooper Cotty Daning Dantzler Davenport Delleney Duncan Erickson Frye Funderburk Gambrell Govan Gullick Hagood Haley Hardwick Harrell Harrison Hart Harvin Haskins Hayes Herbkersman Hiott Hodges Howard Huggins Hutson Jefferson Jennings Kelly Kennedy Knight Leach Limehouse Littlejohn Loftis Lowe Lucas Mack Mahaffey McLeod Miller Mitchell Moody-Lawrence Moss J. H. Neal Neilson Ott Parks Perry Pinson E. H. Pitts M. A. Pitts Rice Rutherford Sandifer Scarborough Scott Sellers Shoopman Simrill Skelton D. C. Smith F. N. Smith G. M. Smith G. R. Smith J. R. Smith Spires Stavrinakis Stewart Taylor Thompson Toole Umphlett Vick Viers Walker Weeks Whipper White Whitmire Williams Witherspoon Young
The following named Representative voted for Snell:
Ballentine
The following named Representatives voted for Spearman:
The following named Representatives voted for Talley:
Total number of Senators voting 41
Total number of Representatives voting 110
Grand Total 151
Necessary to a choice 76
Of which Jeffries received 0
Of which Nance received 150
Of which Snell received 1
Of which Spearman received 0
Of which Talley received 0
Whereupon, the PRESIDENT announced that Robert M. Nance was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the At-Large District, Seat 11.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that Walter L. Tobin had been screened, found qualified, and placed his name in nomination.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Walter L. Tobin was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the At-Large District, Seat 12.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that the following candidates had been screened, found qualified, and placed their names in nomination: Sky Foster, Ronald Henagan, and Lancelot D. Wright.
Rep. PHILLIPS stated that Ronald Henagan had withdrawn from the race, and placed the names of the remaining candidates in nomination.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Foster:
Bryant Campsen Fair Peeler Short Vaughn Verdin Williams
The following named Senators voted for Wright:
Alexander Anderson Campbell Ceips Cleary Courson Cromer Drummond Elliott Ford Gregory Hawkins Hayes Hutto Jackson Knotts Land Leatherman Leventis Lourie Malloy Martin Massey Matthews McConnell McGill O'Dell Patterson Pinckney Rankin Reese Scott Setzler Sheheen
On motion of Rep. PHILLIPS, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Foster:
Agnew Allen Ballentine Bannister Barfield Bedingfield Bingham Bowen Cato Cobb-Hunter Cooper Davenport Duncan Gambrell Hagood Harrell Hiott Kelly Kirsh Knight Lowe Mahaffey Moss Mulvaney J. M. Neal Owens Phillips Pinson M. A. Pitts Rice Sandifer Shoopman Skelton F. N. Smith G. R. Smith Talley Taylor Walker White Whitmire Young
The following named Representatives voted for Wright:
Alexander Anderson Bales Battle Bowers Brady Branham Brantley Breeland G. Brown R. Brown Chalk Clemmons Clyburn Coleman Cotty Daning Dantzler Delleney Edge Erickson Frye Funderburk Govan Gullick Haley Hardwick Hart Harvin Herbkersman Hodges Howard Huggins Hutson Jefferson Jennings Leach Limehouse Lucas Mack McLeod Merrill Miller Mitchell Moody-Lawrence J. H. Neal Neilson Ott Parks Perry E. H. Pitts Rutherford Scarborough Scott Sellers Simrill D. C. Smith G. M. Smith J. R. Smith Spires Stewart Thompson Toole Umphlett Viers Weeks Whipper Williams Witherspoon
Total number of Senators voting 42
Total number of Representatives voting 110
Grand Total 152
Necessary to a choice 77
Of which Foster received 49
Of which Wright received 103
Whereupon, the PRESIDENT announced that Lancelot D. Wright was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Second Judicial Circuit.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that Miles Loadholt had been screened, found qualified, and placed his name in nomination.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Miles Loadholt was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Fourth Judicial Circuit.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that Eugene P. Watt had been screened, found qualified, and placed his name in nomination.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Eugene P. Watt was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Sixth Judicial Circuit.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that James Bradley had been screened, found qualified, and placed his name in nomination.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that James Bradley was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Eighth Judicial Circuit.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that Herbert C. Adams had been screened, found qualified, and placed his name in nomination.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Herbert C. Adams was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Tenth Judicial Circuit.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that Chuck Allen had been screened, found qualified, and placed his name in nomination.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Chuck Allen was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Fourteenth Judicial Circuit.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that William W. Jones, Jr., had been screened, found qualified, and placed his name in nomination.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that William W. Jones, Jr., was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Fifteenth Judicial Circuit.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that the following candidates had been screened and found qualified, J. Egerton Burroughs, Phyllis Nye, and M. Wayne Staton.
Rep. PHILLIPS stated that M. Wayne Staton and Phyllis Nye had withdrawn from the race, and placed the name of the remaining candidate, J. Egerton Burroughs, in nomination.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that J. Egerton Burroughs was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Sixteenth Judicial Circuit.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that Sam R. Foster II had been screened, found qualified, and placed his name in nomination.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Sam R. Foster II was duly elected for the term prescribed by law.
AT-LARGE, THREE SEATS
The PRESIDENT announced that nominations were in order for three at-large seats.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that Doris Adams, Bryan England, and M. "Frankie" Newman had been screened, found qualified, and placed their names in nomination.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominees.
Whereupon, the PRESIDENT announced that Doris Adams, Bryan England, and M. "Frankie" Newman were duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Sixth Congressional District, Seat 6.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that Karl A. Folkens had been screened, found qualified, and placed his name in nomination.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Karl A. Folkens was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the At-Large District, Seat 8.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that Connie M. Long and Robert L. Thompson had been screened and found qualified.
Rep. PHILLIPS stated that Connie M. Long had withdrawn from the race, and placed the name of the remaining candidate, Robert L. Thompson, in nomination.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Robert L. Thompson was duly elected for the term prescribed by law.
I was temporarily out of the Chamber during the second attendance vote, however I was present for the election votes.
Rep. Patsy Knight
The PRESIDENT recognized Senator O'Dell, Chairman of the Joint Screening Committee to elect Employment Security Commission Members.
Senator O'Dell, on behalf of the Joint Screening Committee, stated that the following candidates had been screened, found qualified, and placed their names in nomination: George Martin Arnold, Joseph Leroy Grant, Jr., John William McLeod, Rebecca Meacham Richardson, and McKinley Washington, Jr.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Arnold:
The following named Senators voted for Grant:
The following named Senators voted for McLeod:
Alexander Anderson Campbell Campsen Ceips Cleary Cromer Elliott Fair Ford Hayes Hutto Jackson Knotts Land Leatherman Leventis Lourie Malloy Martin Massey Matthews McConnell McGill O'Dell Patterson Peeler Pinckney Rankin Reese Scott Setzler Sheheen Short Vaughn Williams
The following named Senators voted for Richardson:
Alexander Anderson Campbell Campsen Ceips Cleary Cromer Elliott Fair Ford Hayes Hutto Jackson Knotts Land Leatherman Leventis Lourie Malloy Martin Massey Matthews McConnell McGill O'Dell Patterson Peeler Pinckney Rankin Reese Scott Setzler Sheheen Short Vaughn Williams
The following named Senators voted for Washington:
Alexander Anderson Campbell Campsen Ceips Cleary Cromer Elliott Fair Ford Hayes Hutto Jackson Knotts Land Leatherman Leventis Lourie Malloy Martin Massey Matthews McConnell McGill O'Dell Patterson Peeler Pinckney Rankin Reese Scott Setzler Sheheen Short Vaughn Williams
On motion of Rep. PHILLIPS, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Arnold:
The following named Representatives voted for Grant:
The following named Representatives voted for McLeod:
Allen Anderson Anthony Bales Ballentine Bannister Barfield Battle Bedingfield Bingham Bowen Brady Branham Brantley Breeland G. Brown R. Brown Cato Chalk Clemmons Clyburn Cobb-Hunter Coleman Cooper Cotty Crawford Daning Dantzler Davenport Delleney Duncan Edge Erickson Frye Gambrell Govan Gullick Haley Hardwick Harrell Harrison Hart Harvin Haskins Hayes Herbkersman Hiott Hodges Hosey Howard Huggins Hutson Jefferson Jennings Kelly Kennedy Kirsh Knight Leach Littlejohn Loftis Lowe Lucas Mack Mahaffey McLeod Merrill Miller Mitchell Moody-Lawrence Moss J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Rice Rutherford Sandifer Scarborough Scott Sellers Shoopman Simrill Skelton D. C. Smith F. N. Smith G. M. Smith G. R. Smith J. R. Smith Spires Talley Taylor Thompson Toole Umphlett Vick Viers Walker Weeks Whipper White Whitmire Williams Witherspoon Young
The following named Representatives voted for Richardson:
Allen Anderson Anthony Bales Ballentine Bannister Barfield Battle Bedingfield Bingham Bowen Brady Branham Brantley Breeland G. Brown R. Brown Cato Chalk Clemmons Clyburn Cobb-Hunter Coleman Cooper Cotty Crawford Daning Dantzler Davenport Delleney Duncan Edge Erickson Frye Gambrell Govan Gullick Hagood Haley Hardwick Harrell Harrison Hart Harvin Haskins Hayes Herbkersman Hiott Hodges Hosey Howard Huggins Hutson Jefferson Jennings Kelly Kennedy Kirsh Knight Leach Littlejohn Loftis Lowe Lucas Mack Mahaffey McLeod Merrill Miller Mitchell Moody-Lawrence Moss Mulvaney J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Rice Rutherford Scarborough Scott Sellers Shoopman Simrill Skelton D. C. Smith F. N. Smith G. M. Smith G. R. Smith J. R. Smith Spires Stavrinakis Talley Taylor Thompson Toole Umphlett Vick Viers Walker Weeks Whipper White Whitmire Williams Witherspoon Young
The following named Representatives voted for Washington:
Allen Anderson Bales Ballentine Bannister Barfield Battle Bedingfield Bingham Bowen Bowers Brady Branham Brantley Breeland G. Brown R. Brown Cato Chalk Clemmons Clyburn Cobb-Hunter Coleman Cooper Cotty Daning Dantzler Davenport Delleney Duncan Edge Erickson Frye Gambrell Govan Hagood Haley Hardwick Harrell Hart Harvin Hayes Herbkersman Hodges Hosey Howard Huggins Hutson Jefferson Jennings Kelly Kennedy Kirsh Knight Leach Littlejohn Loftis Lowe Lucas Mack Mahaffey McLeod Merrill Miller Mitchell Moody-Lawrence Moss J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Rice Rutherford Sandifer Scarborough Scott Sellers Shoopman Simrill Skelton D. C. Smith F. N. Smith G. M. Smith J. R. Smith Spires Stavrinakis Talley Taylor Thompson Toole Umphlett Vick Viers Walker Weeks Whipper White Whitmire Williams Witherspoon Young
Total number of Senators voting 36
Total number of Representatives voting 114
Grand Total 150
Necessary to a choice 76
Of which Arnold received 0
Of which Grant received 0
Of which McLeod received 148
Of which Richardson received 150
Of which Washington received 144
Whereupon, the PRESIDENT announced that John William McLeod, Rebecca Meacham Richardson, and McKinley Washington, Jr., were duly elected for the term prescribed by law.
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced election because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Employment Security Commissioners
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. Laurie Slade Funderburk
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced election because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Employment Security Commissioners
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. Terry Alexander
The purposes of the Joint Assembly having been accomplished, the PRESIDENT announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.
At 1:50 p.m. the House resumed, the SPEAKER in the Chair.
Rep. KIRSH moved that the House recede until 3:00 p.m., which was agreed to.
At 3:00 p.m. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
The Veto on the following Act was taken up:
(R261) H. 4774 (Word version) -- Reps. Littlejohn, Brantley, Whipper, Anthony, Bales, Bowers, Breeland, Clyburn, Erickson, Hardwick, Herbkersman, Hodges, Hosey, Jefferson, Kelly, Loftis, Lowe, Mack, Mahaffey, Owens, Phillips, Rice, W. D. Smith, Williams and Witherspoon: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3750 SO AS TO PROVIDE FOR A NONREFUNDABLE INCOME TAX CREDIT FOR ANY MEAT PACKER, BUTCHER, OR PROCESSING PLANT LICENSED OR PERMITTED BY THIS STATE OR THE UNITED STATES DEPARTMENT OF AGRICULTURE THAT, DURING THE TAX YEAR FOR WHICH THE CREDIT IS CLAIMED, HAD A VALID CONTRACT WITH A NONPROFIT ORGANIZATION TO PROCESS DEER FOR DONATION TO ANY CHARITABLE ORGANIZATION ENGAGED IN DISTRIBUTING FOOD TO THE NEEDY, AND TO PROVIDE THAT THE AMOUNT OF THE CREDIT SHALL BE FIFTY DOLLARS FOR EACH CARCASS PROCESSED AND DONATED.
Rep. LITTLEJOHN explained the Veto.
The question was put, shall the Act become a part of the law, the Veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Anthony Bales Bannister Barfield Battle Bedingfield Bowen Brady Branham Brantley Breeland G. Brown Clemmons Clyburn Cobb-Hunter Coleman Cooper Crawford Daning Dantzler Davenport Delleney Duncan Edge Erickson Frye Funderburk Gambrell Hardwick Harrell Hart Harvin Hayes Hodges Hosey Howard Hutson Jefferson Jennings Kelly Kennedy Kirsh Knight Littlejohn Loftis Lowe Mack Mahaffey McLeod Miller Mitchell Moss Mulvaney J. M. Neal Neilson Ott Owens Phillips Pinson M. A. Pitts Rice Rutherford Sandifer Sellers Simrill Skelton J. E. Smith Spires Taylor Toole Umphlett Walker White Whitmire Williams Witherspoon Young
Those who voted in the negative are:
Ballentine Cotty Gullick Hagood Haley Harrison Haskins Hiott Huggins Limehouse Lucas Perry E. H. Pitts Scarborough Shoopman D. C. Smith G. M. Smith G. R. Smith J. R. Smith Stavrinakis Stewart Thompson Weeks
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The Veto on the following Act was taken up:
(R263) H. 4844 (Word version) -- Rep. Hayes: AN ACT TO AMEND ACT 137 OF 2007, RELATING TO ACQUISITION AGREEMENTS FOR SCHOOL BUILDINGS AND OTHER SCHOOL FACILITIES, SO AS TO PROVIDE THAT NO ACQUISITION AGREEMENT MAY BE ENTERED INTO UNTIL THE DILLON COUNTY BOARD OF EDUCATION PROJECTS THAT ALL SALES TAX REVENUE, BOND REVENUE, AND ALL OTHER SOURCES OF AVAILABLE REVENUE ARE SUFFICIENT TO PAY AMOUNTS OWED UNDER THE ACQUISITION AGREEMENT.
Rep. HAYES explained the Veto.
The question was put, shall the Act become a part of the law, the Veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Hayes
Those who voted in the negative are:
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The Veto on the following Act was taken up:
(R239) S. 1039 (Word version) -- Senator Verdin: AN ACT TO AMEND SECTION 23-31-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST REGULATION OF CERTAIN MATTERS, SO AS TO PROVIDE THAT A LOCAL GOVERNING BODY MAY NOT ENACT REGULATIONS OR ORDINANCES THAT REGULATE A LANDOWNER FROM DISCHARGING A FIREARM ON A PARCEL OF LAND COMPRISED OF AT LEAST TWENTY-FIVE CONTIGUOUS ACRES TO PROTECT HIS FAMILY, EMPLOYEES, THE GENERAL PUBLIC, OR THE PROPERTY FROM ANIMALS POSING A DIRECT THREAT OR DANGER.
Rep. DUNCAN explained the Veto.
The question was put, shall the Act become a part of the law, the Veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Anthony Bales Ballentine Bannister Barfield Battle Bedingfield Bowen Brady Branham Brantley G. Brown R. Brown Cato Chalk Clemmons Clyburn Cobb-Hunter Coleman Cooper Cotty Crawford Dantzler Davenport Delleney Duncan Edge Erickson Frye Funderburk Gambrell Haley Hardwick Harrell Harrison Hart Harvin Haskins Hayes Herbkersman Hiott Hodges Hosey Howard Huggins Hutson Kelly Kirsh Knight Leach Limehouse Littlejohn Loftis Lowe Lucas Mack Mahaffey Miller Mitchell Moss Mulvaney J. H. Neal J. M. Neal Neilson Ott Owens Perry Phillips Pinson E. H. Pitts M. A. Pitts Rice Rutherford Sandifer Scarborough Sellers Shoopman Simrill Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith Spires Stavrinakis Stewart Talley Taylor Thompson Toole Umphlett Vick Walker Weeks White Whitmire Williams Witherspoon Young
Those who voted in the negative are:
Gullick Hagood
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The Senate Amendments to the following Bill were taken up for consideration:
H. 3567 (Word version) -- Reps. Rice, Gullick, Cotty and Agnew: A BILL TO AMEND SECTION 12-21-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION ON CIGARETTES, SO AS TO INCREASE THE AMOUNT OF TAX ON EACH CIGARETTE FROM THREE AND ONE-HALF MILLS TO TWO CENTS; TO ADD SECTION 44-6-157 SO AS TO PROVIDE THAT THE REVENUE GENERATED FROM THE TAXATION ON CIGARETTES MUST BE USED TO EXPAND MEDICAID COVERAGE TO CHILDREN EIGHTEEN YEARS OF AGE AND YOUNGER WHOSE FAMILY INCOME DOES NOT EXCEED TWO HUNDRED PERCENT OF THE FEDERAL POVERTY LEVEL; AND TO CREATE THE HEALTH CARE TRUST FUND TO PROVIDE MEDICAID BENEFITS TO INDIVIDUALS WHOSE FAMILY INCOME DOES NOT EXCEED ONE HUNDRED PERCENT OF THE FEDERAL POVERTY LEVEL AND WHO ARE UNINSURED AND TO PROVIDE THAT REVENUE IN EXCESS OF THE CHILDREN'S MEDICAID COVERAGE FROM THE CIGARETTE TAX MUST BE CREDITED TO THE HEALTH CARE TRUST FUND; AND TO AMEND SECTION 12-36-910, AS AMENDED, RELATING TO SALES TAXES GENERALLY, SO AS TO PROVIDE THAT AS OF JULY 1, 2009, THE THREE PERCENT SALES TAX IS ELIMINATED ON UNPREPARED FOOD WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, TO PROVIDE FOR CERTAIN GENERAL FUND TRANSFERS TO THE EDUCATION IMPROVEMENT ACT FUND FOR EACH FISCAL YEAR TO OFFSET EIA REVENUES LOST AS A RESULT OF THE LOSS OF SALES TAX ON THE SALE OF UNPREPARED FOOD, AND TO REDUCE THE SALES TAX ON UNPREPARED FOOD TO TWO PERCENT AS OF JULY 1, 2007, AND ONE PERCENT AS OF JULY 1, 2008.
Rep. SHOOPMAN moved to recommit the Bill to the Committee on Ways and Means.
Rep. OTT moved to table the motion.
Rep. MULVANEY demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Allen Anderson Anthony Bales Ballentine Bannister Bingham Bowen Brady Branham Brantley Breeland G. Brown R. Brown Clyburn Cobb-Hunter Coleman Cotty Crawford Dantzler Davenport Delleney Erickson Frye Funderburk Govan Gullick Hagood Harrison Hart Harvin Haskins Hayes Herbkersman Hiott Hodges Hosey Howard Huggins Hutson Jefferson Jennings Kelly Kennedy Knight Limehouse Lucas Mack Mahaffey McLeod Miller Mitchell Moss J. H. Neal J. M. Neal Neilson Ott Owens Parks Phillips Pinson E. H. Pitts Rice Rutherford Scarborough Scott Sellers Simrill Skelton F. N. Smith G. M. Smith J. E. Smith J. R. Smith Spires Stavrinakis Stewart Taylor Toole Vick Weeks Whitmire Williams Young
Those who voted in the negative are:
Barfield Battle Bedingfield Cato Chalk Clemmons Cooper Duncan Edge Gambrell Haley Hardwick Harrell Kirsh Leach Littlejohn Loftis Lowe Mulvaney Perry M. A. Pitts Sandifer Shoopman D. C. Smith G. R. Smith Talley Thompson Umphlett Walker White Witherspoon
So, the motion to recommit the Bill was tabled.
Rep. MULVANEY moved that the House do now adjourn.
Rep. MULVANEY demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Barfield Bedingfield Cato Clemmons Cobb-Hunter Cooper Kennedy Loftis Lowe Mulvaney Sandifer Shoopman D. C. Smith G. R. Smith Walker White Witherspoon
Those who voted in the negative are:
Alexander Allen Anderson Anthony Bales Ballentine Bannister Battle Bingham Bowen Brady Branham Brantley Breeland G. Brown R. Brown Chalk Clyburn Coleman Cotty Crawford Daning Dantzler Davenport Delleney Duncan Edge Erickson Frye Funderburk Gambrell Govan Gullick Hagood Haley Hardwick Harrell Harrison Hart Harvin Haskins Hayes Herbkersman Hiott Hodges Hosey Howard Huggins Hutson Jefferson Jennings Kelly Kirsh Knight Leach Limehouse Lucas Mack Mahaffey McLeod Miller Mitchell Moss J. H. Neal J. M. Neal Neilson Ott Owens Parks Phillips Pinson E. H. Pitts M. A. Pitts Rice Rutherford Scarborough Scott Sellers Simrill Skelton F. N. Smith G. M. Smith J. E. Smith J. R. Smith Spires Stavrinakis Stewart Talley Taylor Thompson Toole Umphlett Vick Viers Weeks Whitmire Williams Young
So, the House refused to adjourn.
Reps. WITHERSPOON, RICE, HAYES, BATTLE, VICK, BARFIELD and HARDWICK proposed the following Amendment No. 2A (Doc Name COUNCIL\GJK\20709SD08), which was adopted:
Amend the bill, as and if amended, in Section 12-21-625 of the 1976 Code, as contained in SECTION 1, by striking item (1) of subsection (B) which begins on line 17, page 2, and inserting:
/ (1) each year, five million dollars to the Smoking Prevention and Cessation Trust Fund created pursuant to Section 11-11-220(A) and one million dollars to the Department of Agriculture to cause the marking or branding of South Carolina agricultural crops or produce as being grown in South Carolina when offered for sale in retail establishments; and /
Renumber sections to conform.
Amend title to conform.
Rep. WITHERSPOON explained the amendment.
Rep. RICE demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Allen Anderson Anthony Bales Ballentine Bannister Barfield Battle Bingham Bowen Bowers Brady Branham Brantley Breeland G. Brown R. Brown Chalk Clemmons Clyburn Cobb-Hunter Coleman Cooper Daning Edge Frye Funderburk Gambrell Govan Gullick Hagood Hardwick Harrell Harrison Hart Harvin Hayes Hiott Hodges Hosey Huggins Hutson Jefferson Jennings Kelly Kennedy Kirsh Knight Limehouse Loftis Lowe Mack Mahaffey McLeod Miller Mitchell Moss J. H. Neal J. M. Neal Neilson Ott Owens Parks Phillips Pinson Rice Scott Sellers Skelton F. N. Smith J. E. Smith Spires Stavrinakis Talley Toole Umphlett Vick White Whitmire Williams Witherspoon
Those who voted in the negative are:
Bedingfield Cato Cotty Crawford Dantzler Davenport Delleney Erickson Haskins Herbkersman Howard Leach Littlejohn Lucas Merrill Mulvaney Perry E. H. Pitts M. A. Pitts Rutherford Sandifer Scarborough Shoopman Simrill D. C. Smith G. M. Smith G. R. Smith J. R. Smith Stewart Taylor Thompson Viers Walker Weeks Young
So, the amendment was adopted.
Reps. HARRELL and COOPER proposed the following Amendment No. 3A (Doc Name COUNCIL\BBM\10646HTC08), which was tabled:
Amend the bill, as and if amended, in Section 12-21-625(A) as contained in SECTION 1, page 2, beginning on line 11 by striking /two and one-half cents/ and inserting /one and one-half cents/.
Amend further, as and if amended, beginning on page 2, by striking all the remainder of the bill after line 12 and inserting:
/ (B) For all purposes of reporting, payment, collection, and enforcement, the surtax imposed by this section is deemed to be imposed pursuant to Section 12-21-620.
(C) For purposes of this section and Section 12-21-620(2), 'cigarette' means:
(1) any roll for smoking containing tobacco wrapped in paper or in any substance other than a tobacco leaf; or
(2) any roll for smoking containing tobacco, wrapped in any substance, weighing three pounds per thousand or less, however labeled or named, which because of its appearance, size, type of tobacco used in the filler, or its packaging, pricing, marketing, or labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in item (1). However, such a roll is not considered to be a cigarette for purposes of this section and Section 12-21-620(2) if the roll is not treated like a cigarette for federal excise tax purposes under the applicable federal law in effect on July 1, 2008.
(D) Notwithstanding another provision of law providing for the crediting of the revenues of license or other taxes, the revenue of the surtax imposed pursuant to this section must be credited to the general fund of the State and used to replace income and sales tax revenues not collected in a fiscal year in the following amounts:
(1) the amount of state sales tax revenue as estimated by the Board of Economic Advisors not collected because of:
(a) the sales tax exemption allowed pursuant to Section 12-36-2120(76); and
(b) the exemption allowed pursuant to Section 12-36-2120(74) reduced by the amount of sales tax revenue not collected pursuant to that exemption as it applied in fiscal year 2007-2008.
(2) five million dollars for the smoking cessation income tax credit pursuant to Section 12-6-3671 with any unused revenue added to the amounts available pursuant to item (4) of this subsection;
(3) four million dollars for cancer screening with any unused revenue added to the amounts available pursuant to item (4) of this subsection;
(4) the balance of the revenue, as estimated by the Board of Economic Advisors, for the small business health insurance income tax credit allowed pursuant to Section 12-6-3673.
(E) Revenue of the tax imposed pursuant to subsection (A) replacing sales tax revenue must be credited as sales tax revenues are credited by law."
SECTION 2. Section 1 of Act 99 of 2007 is amended by deleting subsections B and C which read:
B. Notwithstanding the sales and use rates imposed pursuant to Chapter 36, Title 12 of the 1976 Code, the rate of tax imposed pursuant to that chapter on the gross proceeds of sales of items described in subsection A of this section is five and one-half percent for such sales from July 1, 2007.
C. Beginning with the February 15, 2008, forecast by the Board of Economic Advisors of annual general fund revenue growth for the upcoming fiscal year, and annually thereafter, if the forecast of that growth equals at least five percent of the most recent estimate by the board of general fund revenues for the current fiscal year, then the applicable state sales and use tax rate imposed on items described in subsection A. of this section is reduced, effective the following July first, by one and one-half percent in the first year and by one percent every year thereafter. That reduced rate applies until a subsequent reduction takes effect. If the February fifteenth forecast meets the requirement for a rate reduction, the board promptly shall certify this result in writing to the Department of Revenue. On the July first that the rate attains zero, the provisions of subsections B. and C. of this section no longer apply.
SECTION 3. Section 12-36-2120 of the 1976 Code, is amended by adding a new item (76) to read:
"(76) the gross proceeds of the sale of legend or prescription drugs or medicines, legend or prescription biologicals, and legend or prescription bioabsorbable implant devices dispensed or administered to a patient or otherwise used in the treatment of a patient in the office of a medical doctor licensed pursuant to Chapter 47 of Title 40 or of a dentist licensed pursuant to Chapter 15 of Title 40, and not otherwise exempted."
SECTION 4. Article 25, Chapter 6, Title 12 of the 1976 Code is amended by adding:
"Section 12-6-3671. (A) There is allowed as a refundable credit against the income tax liability of a resident individual the expenses incurred by the taxpayer in a taxable year for participating in a smoking cessation program undertaken by the taxpayer prescribed by and under the supervision of a physician licensed pursuant to Chapter 47 of Title 40, to include physicians fees and costs of FDA approved smoking cessation therapies and other smoking cessation methods approved by the supervising physician. Only a taxpayer who has expenses for a smoking cessation program no portion of which is paid or covered by a third party payer, is eligible for this credit. The Department of Revenue shall prescribe a form on which this credit must be claimed that must be filed with the taxpayer's South Carolina individual income tax return. The form must require that information and documentation determined necessary by the department for the administration of this credit.
(B) The credit allowed pursuant to this section is not included in the calculation of the taxpayer's income tax liability on the return, but is instead calculated by the Department of Revenue after the close of the filing season and paid to the taxpayer as provided in subsection (C).
(C) Each eligible taxpayer incurring smoking cessation expenses in any year is entitled to a credit for that year in the amount of three hundred dollars or the amount of his expenses, whichever is less. If the amount available to fund this credit as provided by law in any year is not sufficient to give all eligible taxpayers their full credit, then the Department of Revenue shall proportionately reduce these credits accordingly. If the amount available to fund these credits as provided by law in any year exceeds the total amount of the credits claimed by all taxpayers as provided above, then any taxpayer with expenses over three hundred dollars for that year is entitled to an additional credit as determined by the department equal to his excess expenses stated as a percentage of all excess expenses times the available funds.
Section 12-6-3672. (A) There is allowed as a refundable credit against the income tax liability of a resident individual the costs incurred by the taxpayer in a taxable year for cancer screening. Only a taxpayer who has expenses for such a screening no portion of which is paid or covered by a third party payer, is eligible for this credit. The Department of Revenue shall prescribe a form on which this credit must be claimed that must be filed with the taxpayer's South Carolina individual income tax return. The form must require that information and documentation determined necessary by the department for the administration of this credit.
(B) The credit allowed pursuant to this section is not included in the calculation of the taxpayer's income tax liability on the return, but is instead calculated by the Department of Revenue after the close of the filing season and paid to the taxpayer as provided in subsection (C).
(C) Each eligible taxpayer incurring cancer screening expenses in any year is entitled to a credit for that year in the amount of three hundred dollars for each screening or the amount of the expenses, whichever is less. If the amount available to fund this credit as provided by law in any year is not sufficient to give all eligible taxpayers their full credit, then the Department of Revenue shall proportionately reduce these credits accordingly. If the amount available to fund these credits as provided by law in any year exceeds the total amount of the credits claimed by all taxpayers as provided above, then any taxpayer with expenses over three hundred dollars for that year is entitled to an additional credit as determined by the department equal to his excess expenses stated as a percentage of all excess expenses times the available funds.
Section 12-6-3673. (A) As used in this section, a 'qualifying small business taxpayer' is a taxpayer resident and domiciled in this State with fewer than twenty employees, all of whom are based in this State claiming a federal income deduction for employee health insurance premiums on all employees.
(B) A qualifying small business taxpayer is allowed a refundable state income tax credit as provided in subsection (C) against the tax imposed pursuant to this chapter for health insurance premiums deducted by the taxpayer on the taxpayer's federal income tax return. The Department of Revenue shall prescribe a form on which this credit must be claimed that must be filed with the taxpayer's South Carolina individual income tax return. The form must require that information and documentation determined necessary by the department for the administration of this credit.
The credit allowed pursuant to this section is not included in the calculation of the taxpayer's income tax liability on the return, but is instead calculated by the Department of Revenue after the close of the filing season and paid to the taxpayer as provided in subsection (C).
(C) Each eligible taxpayer deducting health insurance premium expenses in any year is entitled to a credit for that year in the amount of three hundred dollars or the amount of the expenses, whichever is less for each employee covered. If the amount available to fund this credit as provided by law in any year is not sufficient to give all eligible taxpayers their full credit, then the Department of Revenue shall proportionately reduce these credits accordingly. If the amount available to fund these credits as provided by law in any year exceeds the total amount of the credits claimed by all taxpayers as provided above, then any taxpayer with expenses over three hundred dollars for that year is entitled to an additional credit as determined by the department equal to his excess expenses stated as a percentage of all excess expenses times the available funds."
SECTION 5. This act takes effect upon approval by the Governor, and where not otherwise provided, sales tax provisions in this act take effect July 1, 2008, and income tax provisions in this act apply for taxable years beginning after 2007. /
Renumber sections to conform.
Amend title to conform.
Rep. COOPER explained the amendment.
Rep. E. H. PITTS spoke in favor of the amendment.
Rep. RICE moved to table the amendment.
Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Allen Anderson Anthony Bales Barfield Bowers Brady Branham Brantley Breeland G. Brown R. Brown Clyburn Cobb-Hunter Coleman Cotty Crawford Dantzler Davenport Funderburk Govan Gullick Haley Hart Harvin Haskins Hayes Hodges Hosey Howard Hutson Jefferson Jennings Kennedy Knight Leach Lowe Mack Mahaffey McLeod Miller Mitchell Mulvaney J. H. Neal J. M. Neal Neilson Ott Parks Phillips Pinson Rice Rutherford Scott Sellers D. C. Smith F. N. Smith J. E. Smith Stavrinakis Talley Thompson Vick Walker Weeks Whitmire Williams Young
Those who voted in the negative are:
Ballentine Bannister Battle Bedingfield Bingham Bowen Cato Chalk Clemmons Cooper Daning Delleney Duncan Edge Erickson Frye Gambrell Hagood Hardwick Harrell Harrison Herbkersman Hiott Huggins Kelly Kirsh Limehouse Littlejohn Loftis Lucas Merrill Moss Owens Perry E. H. Pitts M. A. Pitts Sandifer Scarborough Shoopman Simrill Skelton G. R. Smith J. R. Smith Spires Stewart Taylor Toole Umphlett Viers White Witherspoon
So, the amendment was tabled.
Reps. HARRELL and COOPER proposed the following Amendment No. 4A (Doc Name COUNCIL\BBM\10648HTC08), which was tabled:
Amend the bill, as and if amended, by striking the remainder of the bill after line 12 beginning on page 2 and inserting:
/ (B) For all purposes of reporting, payment, collection, and enforcement, the surtax imposed by this section is deemed to be imposed pursuant to Section 12-21-620.
(C) For purposes of this section and Section 12-21-620(2), 'cigarette' means:
(1) any roll for smoking containing tobacco wrapped in paper or in any substance other than a tobacco leaf; or
(2) any roll for smoking containing tobacco, wrapped in any substance, weighing three pounds per thousand or less, however labeled or named, which because of its appearance, size, type of tobacco used in the filler, or its packaging, pricing, marketing, or labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in item (1). However, such a roll is not considered to be a cigarette for purposes of this section and Section 12-21-620(2) if the roll is not treated like a cigarette for federal excise tax purposes under the applicable federal law in effect on July 1, 2008.
(D) Notwithstanding another provision of law providing for the crediting of the revenues of license or other taxes, the revenue of the surtax imposed pursuant to this section must be credited to the general fund of the State and used to replace income and sales tax revenues not collected in a fiscal year in the following amounts:
(1) the amount of state sales tax revenue as estimated by the Board of Economic Advisors not collected because of:
(a) the sales tax exemption allowed pursuant to Section 12-36-2120(76); and
(b) the exemption allowed pursuant to Section 12-36-2120(74) reduced by the amount of sales tax revenue not collected pursuant to that exemption as it applied in fiscal year 2007-2008.
(2) five million dollars for the smoking cessation income tax credit pursuant to Section 12-6-3671 with any unused revenue added to the amounts available pursuant to item (4) of this subsection;
(3) four million dollars for cancer screening with any unused revenue added to the amounts available pursuant to item (4) of this subsection;
(4) the balance of the revenue, as estimated by the Board of Economic Advisors, for the small business health insurance income tax credit allowed pursuant to Section 12-6-3673.
(E) Revenue of the tax imposed pursuant to subsection (A) replacing sales tax revenue must be credited as sales tax revenues are credited by law."
SECTION 2. Section 1 of Act 99 of 2007 is amended by deleting subsections B and C which read:
B. Notwithstanding the sales and use rates imposed pursuant to Chapter 36, Title 12 of the 1976 Code, the rate of tax imposed pursuant to that chapter on the gross proceeds of sales of items described in subsection A of this section is five and one-half percent for such sales from July 1, 2007.
C. Beginning with the February 15, 2008, forecast by the Board of Economic Advisors of annual general fund revenue growth for the upcoming fiscal year, and annually thereafter, if the forecast of that growth equals at least five percent of the most recent estimate by the board of general fund revenues for the current fiscal year, then the applicable state sales and use tax rate imposed on items described in subsection A. of this section is reduced, effective the following July first, by one and one-half percent in the first year and by one percent every year thereafter. That reduced rate applies until a subsequent reduction takes effect. If the February fifteenth forecast meets the requirement for a rate reduction, the board promptly shall certify this result in writing to the Department of Revenue. On the July first that the rate attains zero, the provisions of subsections B. and C. of this section no longer apply.
SECTION 3. Section 12-36-2120 of the 1976 Code, is amended by adding a new item (76) to read:
"(76) the gross proceeds of the sale of legend or prescription drugs or medicines, legend or prescription biologicals, and legend or prescription bioabsorbable implant devices dispensed or administered to a patient or otherwise used in the treatment of a patient in the office of a medical doctor licensed pursuant to Chapter 47 of Title 40 or of a dentist licensed pursuant to Chapter 15 of Title 40, and not otherwise exempted."
SECTION 4. Article 25, Chapter 6, Title 12 of the 1976 Code is amended by adding:
"Section 12-6-3671. (A) There is allowed as a refundable credit against the income tax liability of a resident individual the expenses incurred by the taxpayer in a taxable year for participating in a smoking cessation program undertaken by the taxpayer prescribed by and under the supervision of a physician licensed pursuant to Chapter 47 of Title 40, to include physicians fees and costs of FDA approved smoking cessation therapies and other smoking cessation methods approved by the supervising physician. Only a taxpayer who has expenses for a smoking cessation program no portion of which is paid or covered by a third party payer, is eligible for this credit. The Department of Revenue shall prescribe a form on which this credit must be claimed that must be filed with the taxpayer's South Carolina individual income tax return. The form must require that information and documentation determined necessary by the department for the administration of this credit.
(B) The credit allowed pursuant to this section is not included in the calculation of the taxpayer's income tax liability on the return, but is instead calculated by the Department of Revenue after the close of the filing season and paid to the taxpayer as provided in subsection (C).
(C) Each eligible taxpayer incurring smoking cessation expenses in any year is entitled to a credit for that year in the amount of three hundred dollars or the amount of his expenses, whichever is less. If the amount available to fund this credit as provided by law in any year is not sufficient to give all eligible taxpayers their full credit, then the Department of Revenue shall proportionately reduce these credits accordingly. If the amount available to fund these credits as provided by law in any year exceeds the total amount of the credits claimed by all taxpayers as provided above, then any taxpayer with expenses over three hundred dollars for that year is entitled to an additional credit as determined by the department equal to his excess expenses stated as a percentage of all excess expenses times the available funds.
Section 12-6-3672. (A) There is allowed as a refundable credit against the income tax liability of a resident individual the costs incurred by the taxpayer in a taxable year for cancer screening. Only a taxpayer who has expenses for such a screening no portion of which is paid or covered by a third party payer, is eligible for this credit. The Department of Revenue shall prescribe a form on which this credit must be claimed that must be filed with the taxpayer's South Carolina individual income tax return. The form must require that information and documentation determined necessary by the department for the administration of this credit.
(B) The credit allowed pursuant to this section is not included in the calculation of the taxpayer's income tax liability on the return, but is instead calculated by the Department of Revenue after the close of the filing season and paid to the taxpayer as provided in subsection (C).
(C) Each eligible taxpayer incurring cancer screening expenses in any year is entitled to a credit for that year in the amount of three hundred dollars for each screening or the amount of the expenses, whichever is less. If the amount available to fund this credit as provided by law in any year is not sufficient to give all eligible taxpayers their full credit, then the Department of Revenue shall proportionately reduce these credits accordingly. If the amount available to fund these credits as provided by law in any year exceeds the total amount of the credits claimed by all taxpayers as provided above, then any taxpayer with expenses over three hundred dollars for that year is entitled to an additional credit as determined by the department equal to his excess expenses stated as a percentage of all excess expenses times the available funds.
Section 12-6-3673. (A) As used in this section, a 'qualifying small business taxpayer' is a taxpayer resident and domiciled in this State with fewer than twenty employees, all of whom are based in this State claiming a federal income deduction for employee health insurance premiums on all employees.
(B) A qualifying small business taxpayer is allowed a refundable state income tax credit as provided in subsection (C) against the tax imposed pursuant to this chapter for health insurance premiums deducted by the taxpayer on the taxpayer's federal income tax return. The Department of Revenue shall prescribe a form on which this credit must be claimed that must be filed with the taxpayer's South Carolina individual income tax return. The form must require that information and documentation determined necessary by the department for the administration of this credit.
The credit allowed pursuant to this section is not included in the calculation of the taxpayer's income tax liability on the return, but is instead calculated by the Department of Revenue after the close of the filing season and paid to the taxpayer as provided in subsection (C).
(C) Each eligible taxpayer deducting health insurance premium expenses in any year is entitled to a credit for that year in the amount of three hundred dollars or the amount of the expenses, whichever is less for each employee covered. If the amount available to fund this credit as provided by law in any year is not sufficient to give all eligible taxpayers their full credit, then the Department of Revenue shall proportionately reduce these credits accordingly. If the amount available to fund these credits as provided by law in any year exceeds the total amount of the credits claimed by all taxpayers as provided above, then any taxpayer with expenses over three hundred dollars for that year is entitled to an additional credit as determined by the department equal to his excess expenses stated as a percentage of all excess expenses times the available funds."
SECTION 5. This act takes effect upon approval by the Governor, and where not otherwise provided, sales tax provisions in this act take effect July 1, 2008, and income tax provisions in this act apply for taxable years beginning after 2007. /
Renumber sections to conform.
Amend title to conform.
Rep. COOPER explained the amendment.
Rep. SCOTT moved to table the amendment.
Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Allen Anderson Anthony Bales Battle Bowen Bowers Branham Brantley Breeland G. Brown R. Brown Clyburn Cobb-Hunter Coleman Cotty Dantzler Davenport Funderburk Govan Gullick Haley Hart Harvin Hayes Hodges Hosey Howard Jefferson Jennings Kennedy Knight Mack Mahaffey McLeod Miller Mitchell Moss J. H. Neal J. M. Neal Neilson Ott Owens Parks Phillips Pinson Rice Rutherford Sandifer Scott Sellers D. C. Smith F. N. Smith J. E. Smith Stavrinakis Vick Walker Weeks Williams
Those who voted in the negative are:
Ballentine Bannister Barfield Bedingfield Bingham Brady Cato Chalk Clemmons Cooper Crawford Daning Delleney Duncan Edge Erickson Frye Gambrell Hagood Hardwick Harrell Harrison Haskins Herbkersman Hiott Huggins Hutson Kelly Kirsh Leach Limehouse Littlejohn Loftis Lowe Lucas Merrill Mulvaney Perry E. H. Pitts M. A. Pitts Scarborough Shoopman Simrill Skelton G. R. Smith J. R. Smith Spires Stewart Talley Taylor Thompson Toole Umphlett Viers White Whitmire Witherspoon Young
So, the amendment was tabled.
Rep. KIRSH proposed the following Amendment No. 5A (Doc Name COUNCIL\BBM\10647HTC08), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Article 5, Chapter 21, Title 12 of the 1976 Code is amended by adding:
"Section 12-21-625. (A) Effective July 1, 2008, there is imposed a surtax on cigarettes subject to the tax imposed pursuant to Section 12-21-620(1) in an amount equal to 1.25 cents on each cigarette.
(B) For all purposes of reporting, payment, collection, and enforcement, the surtax imposed by this section is deemed to be imposed pursuant to Section 12-21-620.
(C) For purposes of this section and Section 12-21-620(2), 'cigarette' means:
(1) any roll for smoking containing tobacco wrapped in paper or in any substance other than a tobacco leaf; or
(2) any roll for smoking containing tobacco, wrapped in any substance, weighing three pounds per thousand or less, however labeled or named, which because of its appearance, size, type of tobacco used in the filler, or its packaging, pricing, marketing, or labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in item (1). However, such a roll is not considered to be a cigarette for purposes of this section and Section 12-21-620(2) if the roll is not treated like a cigarette for federal excise tax purposes under the applicable federal law in effect on July 1, 2008.
(D) Notwithstanding another provision of law providing for the crediting of the revenues of license or other taxes, the revenue of the surtax imposed pursuant to this section must be credited to the general fund of the State and used to replace income and sales tax revenues not collected in a fiscal year in the following amounts:
(1) the amount of state sales tax revenue as estimated by the Board of Economic Advisors not collected because of:
(a) the sales tax exemption allowed pursuant to Section 12-36-2120(76); and
(b) the exemption allowed pursuant to Section 12-36-2120(74) reduced by the amount of sales tax revenue not collected pursuant to that exemption as it applied in fiscal year 2007-2008.
(2) five million dollars for the smoking cessation income tax credit pursuant to Section 12-6-3671 with any unused revenue added to the amounts available pursuant to item (4) of this subsection;
(3) four million dollars for cancer screening with any unused revenue added to the amounts available pursuant to item (4) of this subsection;
(4) the balance of the revenue, as estimated by the Board of Economic Advisors, for the small business health insurance income tax credit allowed pursuant to Section 12-6-3673.
(E) Revenue of the tax imposed pursuant to subsection (A) replacing sales tax revenue must be credited as sales tax revenues are credited by law."
SECTION 2. Section 1 of Act 99 of 2007 is amended by deleting subsections B and C which read:
B. Notwithstanding the sales and use rates imposed pursuant to Chapter 36, Title 12 of the 1976 Code, the rate of tax imposed pursuant to that chapter on the gross proceeds of sales of items described in subsection A of this section is five and one-half percent for such sales from July 1, 2007.
C. Beginning with the February 15, 2008, forecast by the Board of Economic Advisors of annual general fund revenue growth for the upcoming fiscal year, and annually thereafter, if the forecast of that growth equals at least five percent of the most recent estimate by the board of general fund revenues for the current fiscal year, then the applicable state sales and use tax rate imposed on items described in subsection A. of this section is reduced, effective the following July first, by one and one-half percent in the first year and by one percent every year thereafter. That reduced rate applies until a subsequent reduction takes effect. If the February fifteenth forecast meets the requirement for a rate reduction, the board promptly shall certify this result in writing to the Department of Revenue. On the July first that the rate attains zero, the provisions of subsections B. and C. of this section no longer apply.
SECTION 3. Section 12-36-2120 of the 1976 Code, is amended by adding a new item (76) to read:
"(76) the gross proceeds of the sale of legend or prescription drugs or medicines, legend or prescription biologicals, and legend or prescription bioabsorbable implant devices dispensed or administered to a patient or otherwise used in the treatment of a patient in the office of a medical doctor licensed pursuant to Chapter 47 of Title 40 or of a dentist licensed pursuant to Chapter 15 of Title 40, and not otherwise exempted."
SECTION 4. Article 25, Chapter 6, Title 12 of the 1976 Code is amended by adding:
"Section 12-6-3671. (A) There is allowed as a refundable credit against the income tax liability of a resident individual the expenses incurred by the taxpayer in a taxable year for participating in a smoking cessation program undertaken by the taxpayer prescribed by and under the supervision of a physician licensed pursuant to Chapter 47 of Title 40, to include physicians fees and costs of FDA approved smoking cessation therapies and other smoking cessation methods approved by the supervising physician. Only a taxpayer who has expenses for a smoking cessation program no portion of which is paid or covered by a third party payer, is eligible for this credit. The Department of Revenue shall prescribe a form on which this credit must be claimed that must be filed with the taxpayer's South Carolina individual income tax return. The form must require that information and documentation determined necessary by the department for the administration of this credit.
(B) The credit allowed pursuant to this section is not included in the calculation of the taxpayer's income tax liability on the return, but is instead calculated by the Department of Revenue after the close of the filing season and paid to the taxpayer as provided in subsection (C).
(C) Each eligible taxpayer incurring smoking cessation expenses in any year is entitled to a credit for that year in the amount of three hundred dollars or the amount of his expenses, whichever is less. If the amount available to fund this credit as provided by law in any year is not sufficient to give all eligible taxpayers their full credit, then the Department of Revenue shall proportionately reduce these credits accordingly. If the amount available to fund these credits as provided by law in any year exceeds the total amount of the credits claimed by all taxpayers as provided above, then any taxpayer with expenses over three hundred dollars for that year is entitled to an additional credit as determined by the department equal to his excess expenses stated as a percentage of all excess expenses times the available funds.
Section 12-6-3672. (A) There is allowed as a refundable credit against the income tax liability of a resident individual the costs incurred by the taxpayer in a taxable year for cancer screening. Only a taxpayer who has expenses for such a screening no portion of which is paid or covered by a third party payer, is eligible for this credit. The Department of Revenue shall prescribe a form on which this credit must be claimed that must be filed with the taxpayer's South Carolina individual income tax return. The form must require that information and documentation determined necessary by the department for the administration of this credit.
(B) The credit allowed pursuant to this section is not included in the calculation of the taxpayer's income tax liability on the return, but is instead calculated by the Department of Revenue after the close of the filing season and paid to the taxpayer as provided in subsection (C).
(C) Each eligible taxpayer incurring cancer screening expenses in any year is entitled to a credit for that year in the amount of three hundred dollars for each screening or the amount of the expenses, whichever is less. If the amount available to fund this credit as provided by law in any year is not sufficient to give all eligible taxpayers their full credit, then the Department of Revenue shall proportionately reduce these credits accordingly. If the amount available to fund these credits as provided by law in any year exceeds the total amount of the credits claimed by all taxpayers as provided above, then any taxpayer with expenses over three hundred dollars for that year is entitled to an additional credit as determined by the department equal to his excess expenses stated as a percentage of all excess expenses times the available funds.
Section 12-6-3673. (A) As used in this section, a 'qualifying small business taxpayer' is a taxpayer resident and domiciled in this State with fewer than twenty employees, all of whom are based in this State claiming a federal income deduction for employee health insurance premiums on all employees.
(B) A qualifying small business taxpayer is allowed a refundable state income tax credit as provided in subsection (C) against the tax imposed pursuant to this chapter for health insurance premiums deducted by the taxpayer on the taxpayer's federal income tax return. The Department of Revenue shall prescribe a form on which this credit must be claimed that must be filed with the taxpayer's South Carolina individual income tax return. The form must require that information and documentation determined necessary by the department for the administration of this credit.
The credit allowed pursuant to this section is not included in the calculation of the taxpayer's income tax liability on the return, but is instead calculated by the Department of Revenue after the close of the filing season and paid to the taxpayer as provided in subsection (C).
(C) Each eligible taxpayer deducting health insurance premium expenses in any year is entitled to a credit for that year in the amount of three hundred dollars or the amount of the expenses, whichever is less for each employee covered. If the amount available to fund this credit as provided by law in any year is not sufficient to give all eligible taxpayers their full credit, then the Department of Revenue shall proportionately reduce these credits accordingly. If the amount available to fund these credits as provided by law in any year exceeds the total amount of the credits claimed by all taxpayers as provided above, then any taxpayer with expenses over three hundred dollars for that year is entitled to an additional credit as determined by the department equal to his excess expenses stated as a percentage of all excess expenses times the available funds."
SECTION 5. This act takes effect upon approval by the Governor, and where not otherwise provided, sales tax provisions in this act take effect July 1, 2008, and income tax provisions in this act apply for taxable years beginning after 2007. /
Renumber sections to conform.
Amend title to conform.
Rep. KIRSH explained the amendment.
Rep. MERRILL spoke in favor of the amendment.
Rep. COBB-HUNTER raised the Point of Order that Rep. MERRILL'S speech was out of order under Rule 8.3 in that it was dilatory in nature.
SPEAKER HARRELL overruled the Point of Order.
Rep. MERRILL continued speaking.
Rep. MULVANEY moved that the House do now adjourn.
Rep. MULVANEY demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bedingfield Kennedy Lowe Mulvaney G. R. Smith
Those who voted in the negative are:
Alexander Allen Anderson Anthony Bales Ballentine Bannister Barfield Bingham Bowen Bowers Brady Branham Brantley Breeland G. Brown R. Brown Cato Chalk Clemmons Clyburn Cobb-Hunter Coleman Cooper Cotty Crawford Daning Dantzler Davenport Delleney Duncan Edge Erickson Frye Funderburk Gambrell Govan Gullick Hagood Hardwick Harrell Harrison Hart Harvin Haskins Hayes Herbkersman Hiott Hodges Hosey Howard Huggins Hutson Jefferson Jennings Kelly Kirsh Knight Leach Limehouse Littlejohn Loftis Lucas Mack Mahaffey McLeod Miller Mitchell Moss J. H. Neal J. M. Neal Neilson Ott Owens Parks Phillips Pinson E. H. Pitts M. A. Pitts Rice Rutherford Sandifer Scarborough Scott Sellers Shoopman Simrill Skelton F. N. Smith G. M. Smith J. E. Smith J. R. Smith Spires Stavrinakis Stewart Talley Taylor Thompson Toole Umphlett Vick Viers Walker Weeks Whipper White Whitmire Williams Witherspoon
So, the House refused to adjourn.
Rep. MERRILL spoke in favor of the amendment.
Rep. RICE moved cloture on the entire matter.
Rep. RICE demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Allen Anderson Anthony Bales Ballentine Bowers Branham Brantley Breeland G. Brown R. Brown Clyburn Cobb-Hunter Coleman Cotty Dantzler Edge Funderburk Govan Gullick Hart Harvin Hayes Hiott Hodges Howard Huggins Jefferson Jennings Kennedy Knight Limehouse Mack Mahaffey McLeod Miller Mitchell Moss J. H. Neal J. M. Neal Neilson Ott Owens Parks Phillips Rice Rutherford Scott Sellers Skelton F. N. Smith J. E. Smith Stavrinakis Vick Weeks Whitmire Williams
Those who voted in the negative are:
Bannister Barfield Bedingfield Bingham Bowen Brady Cato Chalk Clemmons Cooper Crawford Daning Davenport Delleney Duncan Erickson Frye Gambrell Hagood Haley Hardwick Harrell Harrison Haskins Herbkersman Hutson Kelly Kirsh Leach Littlejohn Loftis Lowe Lucas Merrill Mulvaney Perry Pinson E. H. Pitts M. A. Pitts Sandifer Scarborough Shoopman Simrill D. C. Smith G. M. Smith G. R. Smith J. R. Smith Spires Stewart Talley Taylor Thompson Toole Umphlett Viers Walker White Witherspoon Young
So, cloture was not ordered.
Rep. SCARBOROUGH spoke in favor of the amendment.
Rep. SCOTT moved to table the amendment.
Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Allen Anderson Anthony Bales Barfield Battle Bingham Bowers Brady Branham Brantley Breeland G. Brown R. Brown Clyburn Cobb-Hunter Coleman Cotty Crawford Dantzler Davenport Edge Funderburk Govan Gullick Haley Harrison Hart Harvin Haskins Hayes Herbkersman Hiott Hodges Hosey Howard Hutson Jefferson Jennings Kennedy Knight Leach Limehouse Lowe Mack Mahaffey McLeod Miller Mitchell Moss J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Phillips Pinson Rice Rutherford Scott Sellers Skelton D. C. Smith F. N. Smith J. E. Smith J. R. Smith Stavrinakis Stewart Talley Thompson Vick Walker Weeks Whipper Whitmire Williams Witherspoon Young
Those who voted in the negative are:
Ballentine Bannister Bedingfield Bowen Cato Chalk Clemmons Cooper Daning Delleney Duncan Erickson Frye Gambrell Hagood Hardwick Harrell Huggins Kelly Kirsh Littlejohn Loftis Lucas Merrill Mulvaney E. H. Pitts M. A. Pitts Sandifer Scarborough Shoopman Simrill G. R. Smith Spires Taylor Toole Umphlett Viers White
So, the amendment was tabled.
Rep. HALEY moved to reconsider the vote whereby Amendment No. 4A was tabled.
Rep. COBB-HUNTER moved to table the motion to reconsider.
Rep. CRAWFORD demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Allen Anderson Anthony Bales Bowers Branham Brantley Breeland G. Brown R. Brown Clyburn Cobb-Hunter Coleman Cotty Dantzler Davenport Funderburk Govan Gullick Haley Hart Harvin Hayes Hiott Hodges Hosey Howard Jefferson Jennings Kennedy Knight Mack Mahaffey McLeod Miller Mitchell Moss J. H. Neal J. M. Neal Ott Owens Parks Perry Phillips Rice Rutherford Sandifer Scott Sellers Skelton F. N. Smith J. E. Smith Stavrinakis Thompson Vick Weeks Whipper Williams
Those who voted in the negative are:
Ballentine Bannister Battle Bedingfield Bingham Bowen Brady Cato Chalk Clemmons Cooper Crawford Daning Delleney Duncan Edge Erickson Frye Gambrell Hagood Hardwick Harrell Harrison Herbkersman Huggins Hutson Kelly Kirsh Leach Littlejohn Loftis Lowe Lucas Merrill Mulvaney Pinson E. H. Pitts M. A. Pitts Scarborough Shoopman Simrill G. M. Smith G. R. Smith J. R. Smith Spires Stewart Talley Taylor Toole Umphlett Viers Walker White Whitmire Witherspoon Young
So, the motion to reconsider was tabled.
Rep. DUNCAN proposed the following Amendment No. 6A (Doc Name COUNCIL\MS\7655AHB08), which was ruled out of order:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Section 16-17-500(E)(3) of the 1976 Code, as last amended by Act 231 of 2006, is further amended to read:
"(3) In lieu of addition to the civil fine, the court may shall require a minor to successfully complete a Department of Health and Environmental Control approved smoking cessation or tobacco prevention program, or and to perform not more than five twenty-five hours of community service for a charitable institution picking up litter supervised by Palmetto Pride." /
Renumber sections to conform.
Amend title to conform.
Rep. DUNCAN explained the amendment.
Rep. G. M. SMITH raised the Point of Order that Amendment No. 6A was out of order in that it was not germane to the Bill.
SPEAKER HARRELL stated that while the Bill dealt with the taxation on cigarettes and the usage of those taxes, the Amendment dealt with the penalties for underage possession of cigarettes. He, therefore, sustained the Point of Order and ruled the Amendment out of order.
Rep. MERRILL proposed the following Amendment No. 7A (Doc Name COUNCIL\BBM\10655HTC08), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. A. Section 12-6-510(A) of the 1976 Code is amended to read:
"(A)(1) For taxable years beginning after 1994 2007, a tax is imposed on the South Carolina taxable income of individuals, estates, and trusts and any other entity except those taxed or exempted from taxation under Sections 12-6-530 through 12-6-550 computed at the following rates with the income brackets indexed in accordance with Section 12-6-520:
Not over $2,220 2.5 percent of taxable income
over $2,220 but $56 plus 3 percent of
not over $4,440 the excess over $2,220;
over $4,440 but $123 plus 4 percent of
not over $6,660 the excess over $4,440;
over $6,660 but $212 plus 5 percent of
not over $8,880 the excess of $6,660;
over $8,880 but $323 plus 6 percent of
not over $11,100 the excess over $8,880;
over $11,100 $456 plus 7 percent of
the excess over $11,100.
OVER BUT NOT RATE LESS
OVER
$0 $2,670 0% $0
$2,670 $5,340 3% $80
$5,340 $8,010 4% $133
$8,010 $10,680 5% $214
$10,680 $13,350 6% $320
$13,350 or more 7% $454.
(2) For taxable years beginning after 2007, the South Carolina income tax liability of an individual taxpayer for that year is the lesser of:
(a) the amount determined pursuant to item (1) of this subsection; or
(b) the amount determined by multiplying the adjusted gross income reported on that individual's federal income tax return for the applicable year by 3.4 percent reduced by the income tax actually paid by the taxpayer to another state on income taxed pursuant to this subitem."
B. Section 12-6-520 of the 1976 Code is amended to read:
"Section 12-6-520. Each Beginning December 15, 2008, and each December fifteenth thereafter, the department cumulatively shall cumulatively adjust the brackets in Section 12-6-510(A)(1) in the same manner that brackets are adjusted in Internal Revenue Code Section 1(f). However, the adjustment is limited to one-half of the adjustment determined by Internal Revenue Code Section 1(f), may not exceed four percent a year, and the rounding amount provided in 1(f)(6) is deemed to be ten dollars. The brackets, as adjusted, apply in lieu of those provided in Section 12-6-510(A)(1) for taxable years beginning in the succeeding calendar year years. Inflation adjustments must be made cumulatively to the income tax brackets."
C. Act 115 of 2007 is amended by deleting Section 5, which reads:
"Section 5. Notwithstanding any other provision of law, for taxable years beginning after 2006, the rate of tax imposed pursuant to Section 12-6-510(A) on the lowest bracket of South Carolina taxable income is reduced from 2.5 percent to zero percent, and the Department of Revenue shall adjust amounts due in tax tables prescribed by the department."
D. This section takes effect upon approval by the Governor and applies for taxable years beginning after 2007. /
Renumber sections to conform.
Amend title to conform.
Rep. MERRILL explained the amendment.
Rep. J. E. SMITH raised the Point of Order that Amendment No. 7A was out of order in that it was not germane to the Bill. He stated that the Amendment dealt with income taxes not cigarette taxes.
SPEAKER HARRELL stated that the Bill, as passed by the House originally, proposed a cigarette tax increase that was designed to decrease the tax on groceries. He stated further that the Amendment proposed to have the cigarette tax decrease income tax rates. Therefore, he overruled the Point of Order.
Rep. MERRILL continued speaking.
Rep. MERRILL spoke in favor of the amendment.
Rep. SCOTT moved to table the amendment.
Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Allen Anderson Anthony Bales Battle Bowers Brady Branham Brantley Breeland G. Brown R. Brown Clyburn Cobb-Hunter Coleman Cotty Dantzler Davenport Funderburk Govan Gullick Haley Harrison Hart Harvin Hayes Hiott Hodges Hosey Howard Jefferson Jennings Kennedy Knight Limehouse Littlejohn Mack Mahaffey McLeod Miller Mitchell Moss J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Phillips Pinson Rice Rutherford Scott Sellers Skelton D. C. Smith F. N. Smith J. E. Smith J. R. Smith Stavrinakis Vick Walker Weeks Whipper Whitmire Williams
Those who voted in the negative are:
Ballentine Bannister Barfield Bedingfield Bingham Bowen Cato Chalk Clemmons Cooper Crawford Daning Delleney Duncan Edge Erickson Frye Gambrell Hagood Hardwick Harrell Haskins Herbkersman Huggins Hutson Kelly Kirsh Leach Loftis Lowe Lucas Merrill Mulvaney E. H. Pitts M. A. Pitts Sandifer Scarborough Shoopman Simrill G. M. Smith G. R. Smith Spires Stewart Talley Taylor Thompson Toole Umphlett Viers White Witherspoon Young
So, the amendment was tabled.
Rep. HAYES proposed the following Amendment No. 8A (Doc Name COUNCIL\BBM\10654HTC08), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Article 5, Chapter 21, Title 12 of the 1976 Code is amended by adding:
"Section 12-21-625. (A) Effective July 1, 2008, there is imposed a surtax on cigarettes subject to the tax imposed pursuant to Section 12-21-620(1) in an amount equal to one and one-half cents on each cigarette.
(B) Notwithstanding another provision of law providing for the crediting of the revenues of license or other taxes, the revenue of the surtax imposed pursuant to this section must be credited as follows:
(1) each year, five million dollars to the Smoking Prevention and Cessation Trust Fund created pursuant to Section 11-11-220(A); and
(2) of the remaining annual revenue, one-half to the Medicaid Trust Fund created pursuant to Section 11-11-220(B) and one-half to the Healthcare Trust Fund created pursuant to Section 11-11-220(C).
(C) For all purposes of reporting, payment, collection, and enforcement, the surtax imposed by this section is deemed to be imposed pursuant to Section 12-21-620.
(D) For purposes of this section, 'cigarette' means:
(1) any roll for smoking containing tobacco wrapped in paper or in any substance other than a tobacco leaf; or
(2) any roll for smoking containing tobacco, wrapped in any substance, weighing three pounds per thousand or less, however labeled or named, which because of its appearance, size, type of tobacco used in the filler, or its packaging, pricing, marketing, or labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in item (1)."
SECTION 2. Section 12-21-620 of the 1976 Code is amended to read:
"Section 12-21-620. (A) There shall be levied, assessed, collected, and paid in respect to the articles containing tobacco enumerated in this section the following amounts:
(1) upon all cigarettes made of tobacco or any substitute for tobacco, three and one-half mills on each cigarette;
(2) upon all tobacco products, as defined in Section 12-21-800, five percent of the manufacturer's price.
Manufacturer's price as used in this section is the established price at which a manufacturer sells to a wholesaler.
(B) As used in this section, 'cigarette' means:
(1) any roll for smoking containing tobacco wrapped in paper or in any substance other than a tobacco leaf; or
(2) any roll for smoking containing tobacco, wrapped in any substance, weighing three pounds per thousand or less, however labeled or named, which because of its appearance, size, type of tobacco used in the filler, or its packaging, pricing, marketing, or labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in item (1) of this subsection."
SECTION 3. Article 1, Chapter 11, Title 11 of the 1976 Code is amended by adding:
"Section 11-11-220. (A) There is created in the State Treasury the Smoking Prevention and Cessation Trust Fund. This fund is separate and distinct from the general fund of the State and all other funds. Earnings and interest on this fund must be credited to it and any balance in this fund at the end of a fiscal year carries forward in the fund in the succeeding fiscal year. The trust fund must transfer five million dollars annually to the Department of Health and Environmental Control to administer a statewide smoking prevention and cessation program.
(B) There is created in the State Treasury the Medicaid Trust Fund. This fund is separate and distinct from the general fund of the State and all other funds. Earnings and interest on this fund must be credited to it and any balance in this fund at the end of a fiscal year carries forward in the fund in the succeeding fiscal year. Except as otherwise provided in this section, the State Treasurer shall transfer the funds to the Department of Health and Human Services quarterly to provide Medicaid services. The funds are supplementary and may not be used to replace general funds appropriated by the General Assembly or other funds used to support Medicaid.
(C) There is created in the State Treasury the Healthcare Trust Fund. This fund is separate and distinct from the general fund of the State and all other funds. Earnings and interest on this fund must be credited to it and any balance in this fund at the end of a fiscal year carries forward in the fund in the succeeding fiscal year. The trust fund must transfer the appropriate amount of money annually to the Department of Insurance to fund the Palmetto Healthcare Premium Assistance Program.
(D) There is created in the State Treasury the Palmetto Healthcare Safety Net Trust Fund. This fund is separate and distinct from the general fund of the State and all other funds. Earnings on this fund must be credited to it and any balance in this fund at the end of a fiscal year carries forward in the fund in the succeeding fiscal year. Beginning July 1, 2010, and every July first thereafter, the State Treasurer shall make a transfer from the Healthcare Trust Fund to the Palmetto Healthcare Safety Net Fund in an amount determined by the Board of Economic Advisors. The Board of Economic Advisors shall determine the amount to be transferred by calculating the difference between ninety percent of the balance of the fund on July first, excluding any unexpended funds pursuant to Section 38-62-50(B), less the amount of projected premium assistance payments in the following twelve months."
SECTION 4. (A) Beginning no later than March 1, 2009, and with appropriate federal approvals, the Department of Health and Human Services shall use the transfers from the Medicaid Trust Fund to provide Medicaid services to low income families with incomes above fifty percent but no more than one hundred percent of the prevailing federal poverty level. If a balance of funds remains in the Medicaid Trust Fund once the Department of Health and Human Services has offered Medicaid services to low income families up to one hundred percent of the prevailing federal poverty level, then the balance of funds may be used to set the State Children's Health Insurance Program at two hundred fifty percent of the federal poverty level or set the Aged, Blind, and Disabled Program at one hundred thirty-five percent of the federal poverty level. The Department of Health and Human Services may charge the Medicaid Trust Fund a quarterly administrative fee equal to an amount not to exceed one percent of the amount credited to the Medicaid Trust Fund in the previous quarter.
(B) The Department of Health and Human Services must provide an annual report on the Medicaid Trust Fund to the Chairman of the Senate Finance Committee, the Chairman of the House Ways and Means Committee, and the Study Committee on Healthcare Access and Affordability. The report shall provide, at a minimum, a general description of the services provided and populations served, the number of people served, the average cost per person, the additional administrative costs of the programs funded by Medicaid Trust Fund, and a three-year forecast of the utilization of the fund.
SECTION 5. Title 38 of the 1976 Code is amended by adding:
Section 38-62-10. This chapter may be cited as the 'Palmetto Healthcare Premium Assistance Program'.
Section 38-62-20. For the purposes of this section:
(A) 'Department' means the South Carolina Department of Insurance.
(B) 'Federal poverty level' means the federal poverty level guidelines published annually by the United States Department of Health and Human Services.
(C) 'Health insurer' means an insurance company, a health maintenance organization, a community health plan approved by the Department of Health and Human Services, and any other entity providing health insurance coverage, as defined in Section 38-71-670(6), which is licensed to engage in the business of insurance in this State and which is subject to state insurance regulation; and Medicaid managed care organizations qualified to offer services through the Department of Health and Human Service's Healthy Connections Program.
(D) 'Healthcare Trust Fund' means the Health Care Trust Fund created pursuant to Section 11-11-220(C).
(E) 'Participant' means an individual who has been issued a certificate of eligibility by the Department of Insurance and has purchased a qualifying health insurance plan within ninety days of the date of issue of the certificate.
(F) 'Program' means the Palmetto Healthcare Premium Assistance Program.
(G) 'Qualifying health plan' means any health insurance policy or health benefit plan offered as part of a health insurance policy or plan offered by a health insurer that provides health insurance coverage, as defined in Section 38-71-670(6), the South Carolina HealthNet Program, or a community health plan approved by the Department of Health and Human Services, and has a minimum actuarial value of three thousand dollars adjusted for age and gender.
(H) 'Small employer' means, in connection with a health insurance plan with respect to a calendar year and a plan year, any person, firm, corporation, partnership, association, or employer, as defined in Section 3(5) of the Employee Retirement Income Security Act of 1974, that is actively engaged in business that, on at least fifty percent of its working days during the preceding calendar year, employed no more than twenty-five eligible employees or employed an average of not more than twenty-five employees on business days during the preceding calendar year, and who employs at least two employees on the first day of the plan year.
Section 38-62-30. Beginning on July 1, 2009, individuals meeting the eligibility requirements of this chapter may receive an average of two thousand dollars of premium assistance actuarially adjusted for age and gender for the purchase of a qualifying health insurance plan. In no case, shall the premium assistance exceed the actual cost of the individual's qualifying health plan.
Section 38-62-40. In order to be entitled to the premium assistance, an individual must receive a certificate of eligibility from the Department of Insurance. The department shall develop the form and manner for a person to apply to the department for a certificate and shall make the form readily available to health insurance agents and other persons authorized to sell health insurance in this State. For purposes of determining the taxpayer's federal poverty level, the department, minimally, shall require a copy of the applicant's state income tax return for the prior year and the applicant's W-2 form. The department shall also require the applicant to sign a verification under oath, subject to penalties of perjury, that the applicant meets the eligibility criteria for the program pursuant to Section 38-62-50. The department shall implement appropriate safeguards and use available existing resources to verify an applicant's uninsured status. The department shall pursue the recoupment of any premium assistance provided to an individual filing a false application.
Section 38-62-50. (A) The department shall issue an applicant a certificate, if the department determines that:
(1) the person earns at or less than two hundred percent of the federal poverty level;
(2) the person is a citizen of the United States and has been a resident of this State for the twelve-month period immediately preceding the application;
(3) the person has not been covered under a health insurance policy for at least twelve consecutive months before the application;
(4) the person is not eligible for or enrolled in Medicare, Medicaid, or any other state or federal government health insurance program;
(5) the person has not been awarded premium assistance pursuant to this chapter more than twice; and
(6) the person is between the ages of nineteen and sixty-four.
(B) The department shall issue eligible individuals certificates in the order in which the application is received. The maximum number of eligible individuals receiving premium assistance is reached when the anticipated amount of claims for premium assistance payments reaches ninety percent of the amount of money allocated for premium assistance payments. The director of the department shall establish a waiting list for applicants that are otherwise qualified for registration but cannot be registered because the maximum number of individuals is reached. The director shall notify all persons who applied for a certificate and who were not issued a certificate the reason that they did not receive a certificate and whether they were placed on the waiting list.
Section 38-62-60. The certificate is valid for the twelve months following the purchase of a qualifying health plan, if the plan is purchased within ninety days of the date the certificate was issued.
Section 38-62-70. (A) The department shall develop the form and manner for a person to apply for a renewal certificate and shall make the form readily available to health insurance agents and other persons authorized to sell health insurance in this State. Participants shall be responsible for obtaining and completing the form and forwarding it and any documentation required by the department. The department will process renewal applications along with new applications in accordance with Section 38-62-50. Priority shall be given to renewal applications.
(B) In the case of individually sponsored insurance, sixty days before the expiration of the policy term, the insurer must send the insured a certificate renewal application promulgated by the department. The insured shall be responsible for completing the form and forwarding it and any documentation required by the department.
(C) In the case of employer-sponsored insurance, sixty days before the expiration of the policy term, the employer must send the insured a certificate renewal application promulgated by the department. The insured shall be responsible for completing the form and forwarding it and any documentation required by the department.
(D) The department may only issue a renewal certificate if the applicant remains eligible.
Section 38-62-80. (A) In the case of individually sponsored insurance, the department shall provide the premium assistance directly to the individual's choice of participating qualifying insurers. To obtain the premium assistance, an insurer must present a valid certificate to the department. The release of the premium assistance to the insurer is contingent upon the insurer submitting proof of the individual satisfying his share of the premium liability. In no case, shall the amount paid in premium assistance exceed the total cost of coverage for the individual. The department shall make quarterly premium assistance payments to insurers.
(B)(1) In the case of employer-sponsored insurance, the department shall provide the premium assistance directly to the individual's participating employer. To obtain the premium assistance, an employer must present a valid certificate to the department. A participating small employer must share the premium assistance with the employee in proportion to the percentage of the cost of coverage paid by the employer and the employee. The amount paid in premium assistance to a small employer cannot exceed the total cost of coverage for the employee. The release of the premium assistance to the employer is contingent upon the employer submitting proof of the individual and the small employer satisfying his respective share of the premium liability. The department shall make quarterly premium assistance payments to small employers.
(2) If the covered individual ceases to be employed, the employer must return the certificate to the individual and notify the department that the employer no longer covers the individual under a qualifying health plan. Any remaining value of the certificate may be used to obtain a qualifying health plan.
Section 38-62-90. This chapter is not intended, nor shall it operate to guarantee health insurance coverage to any individual.
Section 38-62-100. The department may charge the Healthcare Trust Fund a quarterly administrative fee of up to one percent of the amount credited to the Healthcare Trust Fund in the preceding quarter.
Section 38-62-110. The department must provide an annual report on the Healthcare Trust Fund to the Chairman of the Senate Finance Committee, the Chairman of the House Ways and Means Committee, the Chairman of the Senate Banking and Insurance Committee, the Chairman of the House Labor, Commerce and Industry Committee, the Board of Economic Advisors, and the Study Committee on Healthcare Access and Affordability. The report shall provide, at a minimum, a general description of the services provided and populations served, the number of people served, the average cost per person, the additional administration costs of the programs funded by the Healthcare Trust Fund, and a three-year forecast of the utilization of the fund.
Section 38-62-120. The Department of Insurance shall develop and implement a public awareness program for the Palmetto Healthcare Premium Assistance Program."
SECTION 6. Chapter 74, Title 38 of the 1976 Code is amended by adding:
"Section 38-74-75. (A) There is created the 'Palmetto Healthcare Safety Net' program of the pool. The program shall be funded by the Palmetto Healthcare Safety Net Fund created in Section 11-11-220(D), and shall be self-sustaining and financially independent from the remainder of the pool.
(B) Any person eligible for pool coverage may opt to participate in the Palmetto Healthcare Safety Net Program of the pool, provided the person also:
(1) is at least nineteen years of age;
(2) provides evidence of United States citizenship and of South Carolina residency for the sixty months immediately preceding the application for coverage;
(3) provides their prior year's state income tax return and corresponding W-2 forms evidencing total household gross income that did not exceed seventy-five thousand dollars in the previous taxable year; and
(4) agrees to participate in the Palmetto Healthcare Safety Net program and to comply with all care coordination plans, case management procedures, and managed care criteria of the program developed by the Department of Insurance.
(C) The Department of Insurance shall oversee the Palmetto Healthcare Safety Net Program. The department shall:
(1) select a qualified entity, in accordance with the procedures contained in Section 38-74-40, to administer the program including:
(a) establishing accounting policies for the Palmetto Healthcare Safety Net Fund;
(b) establishing premium billing and collection policies including policies regarding non-payment of premiums;
(c) hiring independent actuarial support from a qualified Member of the Academy of Actuaries to develop and publish actuarially determined annual premium rates that are self-sustaining and actuarially sound. Rates may be adjusted by age and gender and any other appropriate characteristics determined by the contracted actuary;
(d) developing an application for participation and establish policies and procedures for initially determining eligibility, the periodic re-determination of eligibility, monitoring of compliance with program rules and managed care provisions and termination of participation, and the premium assistance for noncompliance;
(e) establishing a schedule of medical benefits, exclusions, and limitations for the program;
(f) developing stringent care coordination plans, case management procedures, and other managed care criteria that will serve as a requirement for eligible persons to participate in this program; and
(g) developing and implementing a public awareness program of the plan; and
(2) promulgate regulations necessary to implement the provisions of this section.
(D) Participation in the Palmetto Healthcare Safety Net Program is limited to the funds available in the Palmetto Healthcare Safety Net Fund in order to prevent any loss in program operations. The Department of Insurance or its contracted entity shall accept and process applications, and award the premium assistance provided for in this section, in the order in which the applications are received. The department is further authorized to establish a waiting list in the event there are insufficient funds available to allow all applicants to participate. The department may also implement a maximum limit on individual coverage to prevent an operating loss. The program may not be funded in any part by the funding mechanisms of the existing pool. The Department of Insurance may charge the Palmetto Healthcare Safety Net Fund a quarterly administrative fee of up to one percent of the amount credited to the Palmetto Healthcare Safety Net Fund in the preceding year.
(E) Beginning on July 1, 2010, and then only to the extent sufficient funds exist in the Palmetto Healthcare Safety Net Fund, participants in the Palmetto Healthcare Safety Net Program shall be entitled to a premium assistance equal to the difference between the self-supporting actuarial premium for this pool and the amount that the individual would have been required to pay for an equivalent product under Section 38-62-30.
(F) The Department of Insurance is authorized to initiate periodic transfers in the amount of the approved premium assistance from the Palmetto Healthcare Safety Net Fund to the administering entity of the Palmetto Healthcare Safety Net Program to be credited against the premiums owed by the program and any additional funds to maintain the solvency of the program.
(G) Neither the establishment of rates, forms, or procedures nor any other joint or collective action required by this section may be the basis of any legal action, criminal or civil liability, or penalty against the program. No cause of action may arise against the program's agents, employees, or representatives, for any good faith act or omission in the performance of their powers and duties pursuant to this section.
(H) The department must provide an annual report on the Palmetto Healthcare Safety Net Program of the pool to the Senate Finance Committee, the Chairman of the House Ways and Means Committee, the Chairman of the Senate Banking and Insurance Committee, the Chairman of the House Labor, Commerce and Industry Committee, the Board of Economic Advisors, and the Study Committee on Healthcare Access and Affordability. The report shall provide, at a minimum, a general description of the services provided and populations served, the number of people served, the average cost per person, the additional administration costs of the programs funded by the Healthcare Trust Fund, and a three-year forecast of the utilization of the fund."
SECTION 7. In April, May, and June of 2008, neither a wholesaler, distributor, or a retailer of cigarettes may purchase more cigarettes in any one month in an amount that exceeds one hundred ten percent of the average monthly amount of cigarettes purchased in the same three months of the previous calendar year. In examining aggregate business license tax revenue data, if the Department of Revenue determines that the revenue collected in April, May, and June of 2008 exceeds one hundred ten percent of the amount collected during the same three months of the previous calendar year, the business license tax audit division of the department shall conduct an audit of random wholesalers, distributors, and retailers to ensure compliance with the requirements of this section. Any violation of this section shall result in a civil fine equal to five times the amount of tax owed on the purchased cigarettes that caused the wholesaler, distributor, or retailer to exceed one hundred ten percent of the amount purchased in the same three months of the previous calendar year.
SECTION 8. (A) There is created the Study Committee on Healthcare Access and Affordability. The committee shall review and make recommendations regarding the state's overall health status, the price of healthcare, the use of Medicare and Medicaid, the promotion of public and private healthcare partnerships, preventative care, the establishment of a high risk healthcare pool, the necessity of a reinsurance program, how to maximize coverage while controlling costs and providing quality care, and how to improve the state's overall health and healthcare affordability.
(B) The study committee shall be composed of nine members. The President Pro Tempore of the Senate, the Speaker of the House of Representatives, and the Governor shall each appoint three members. The Governor must appoint one member based upon the recommendation of the Health Sciences South Carolina collaborative. Each member must have a background of substantial duration or expertise in at least one of the following:
(1) healthcare issues;
(2) business issues;
(3) economic issues;
(4) consumer issues;
(5) insurance issues;
(6) academic issues; or
(7) governmental issues.
(C) The study committee shall make a report of its findings and recommendations to the General Assembly no later than January 1, 2010, at which time the study committee must be dissolved.
SECTION 9. Article 5, Chapter 21, Title 12 of the 1976 Code is amended by adding:
"Section 12-21-627. Notwithstanding any other provision of law providing for the crediting and use of the revenues of the license tax on tobacco products, in any fiscal year that the license tax on cigarettes is greater than seven cents a pack, the General Assembly shall appropriate one million dollars in the annual general appropriations act to the Department of Agriculture for research and promotion of healthy lifestyles with food grown in this State."
SECTION 10. Except where otherwise provided, this act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. HAYES moved to table the amendment, which was agreed to.
Reps. WITHERSPOON and HAYES proposed the following Amendment No. 9A (Doc Name COUNCIL\GJK\20718SD08), which was tabled:
Amend the bill, as and if amended, in Section 12-21-625 of the 1976 Code, as contained in SECTION 1, by adding a new subsection to be appropriately lettered to read:
/ ( ) Before the deposit of the revenues derived from the cigarette surtax provided in this section into the general fund to offset the revenues lost as a result of the income tax credits reflected in subsection (B), the sum of one million dollars each year beginning with the 2008-2009 fiscal year shall be transferred by the State Treasurer to the Department of Agriculture to cause the marking or branding of South Carolina agricultural crops or produce as being grown in South Carolina when offered for sale in retail establishments. /
Renumber sections to conform.
Amend title to conform.
Rep. WITHERSPOON moved to table the amendment, which was agreed to.
Rep. MULVANEY proposed the following Amendment No. 10A (Doc Name COUNCIL\AGM\19260MM08), which was ruled out of order:
Amend the bill, as and if amended, subsection 12-21-625(D)(2) as found in SECTION 1, by deleting subsection (D)(2) in its entirety and inserting:
/ (2) five million dollars for the smoking cessation income tax credit pursuant to Section 12-6-3671(A) and five million dollars for the Employee Verification Compliance income tax credit pursuant to Section 12-6-3671(B), with any unused revenue added to the amounts available pursuant to item (4) of this subsection; /
Amend the bill further, Section 12-6-3671 as found in SECTION 4, by deleting Section 12-6-3671 in its entirety and inserting:
/ Section 12-6-3671. (A)(1) There is allowed as a refundable credit against the income tax liability of a resident individual the expenses incurred by the taxpayer in a taxable year for participating in a smoking cessation program undertaken by the taxpayer prescribed by and under the supervision of a physician licensed pursuant to Chapter 47 of Title 40, to include physicians fees and costs of FDA approved smoking cessation therapies and other smoking cessation methods approved by the supervising physician. Only a taxpayer who has expenses for a smoking cessation program no portion of which is paid or covered by a third party payer, is eligible for this credit. The Department of Revenue shall prescribe a form on which this credit must be claimed that must be filed with the taxpayer's South Carolina individual income tax return. The form must require that information and documentation determined necessary by the department for the administration of this credit.
(2) The credit allowed pursuant to this section is not included in the calculation of the taxpayer's income tax liability on the return, but is instead calculated by the Department of Revenue after the close of the filing season and paid to the taxpayer as provided in item (3).
(3) Each eligible taxpayer incurring smoking cessation expenses in any year is entitled to a credit for that year in the amount of three hundred dollars or the amount of his expenses, whichever is less. If the amount available to fund this credit as provided by law in any year is not sufficient to give all eligible taxpayers their full credit, then the Department of Revenue shall proportionately reduce these credits accordingly. If the amount available to fund these credits as provided by law in any year exceeds the total amount of the credits claimed by all taxpayers as provided above, then any taxpayer with expenses over three hundred dollars for that year is entitled to an additional credit as determined by the department equal to his excess expenses stated as a percentage of all excess expenses times the available funds.
(B)(1) There is allowed as a refundable credit against the income tax liability of a resident individual for the expenses incurred by the taxpayer in a taxable year for compliance with the employee verification requirements described in Chapter 8 of Title 41. A taxpayer is eligible for this credit in an amount not to exceed ten dollars for each employee whose authority to work is verified by that employer, up to the limits specified in item (3). The Department of Revenue shall prescribe a form on which this credit must be claimed that must be filed with the taxpayer's South Carolina individual income tax return. The form must require that information and documentation determined necessary by the department for the administration of this credit.
(2) The credit allowed pursuant to this section is not included in the calculation of the taxpayer's income tax liability on the return, but is instead calculated by the Department of Revenue after the close of the filing season and paid to the taxpayer as provided in item (3).
(3) Each eligible taxpayer claiming the Employee Verification Compliance expenses in any year is entitled to a credit for that year in the amount of three hundred dollars or the amount of his expenses, whichever is less. If the amount available to fund this credit as provided by law in any year is not sufficient to give all eligible taxpayers their full credit, then the Department of Revenue shall proportionately reduce these credits accordingly. If the amount available to fund these credits as provided by law in any year exceeds the total amount of the credits claimed by all taxpayers as provided above, then any taxpayer with contributions over three hundred dollars for that year is entitled to an additional credit as determined by the department equal to his excess contributions stated as a percentage of all excess contributions times the available funds. /
Amend the bill further, by adding an appropriately numbered SECTION at the end to read:
/ SECTION ___.A. This SECTION may be cited as the "South Carolina Illegal Immigration Reform Act".
B. Section 1-31-40(A) of the 1976 Code is amended to read:
"(A) The commission shall:
(1) provide the minority community consisting of African Americans, Native American Indians, Hispanics/Latinos, Asians, and others with a single point of contact for statistical and technical assistance in the areas of research and planning for a greater economic future;
(2) work with minority officials on the state, county, and local levels of government in disseminating statistical data and its impact on their constituencies;
(3) provide for publication of a statewide statistical abstract on minority affairs;
(4) provide statistical analyses for members of the General Assembly on the state of minority communities as the State experiences economic growth and changes;
(5) provide the minority community with assistance and information on Voting Rights Act submissions in the State, as well
as other related areas of concern to the minority community;
(6) determine, approve, and acknowledge by certification state recognition for Native American Indian entities; however, notwithstanding their state certification, the tribes have no power or authority to take any action which would establish, advance, or promote any form of gambling in this State;
(7) establish advisory committees representative of minority groups, as the commission considers appropriate to advise the commission;
(8) act as liaison with the business community to provide programs and opportunities to fulfill its duties under this chapter;
(9) seek federal and other funding on behalf of the State of South Carolina for the express purpose of implementing various programs and services for African Americans, Native American Indians, Hispanics/Latinos, Asians, and other minority groups;
(10) promulgate regulations as may be necessary to carry out the provisions of this article including, but not limited to, regulations regarding State Recognition of Native American Indian entities in the State of South Carolina; and
(11) establish and maintain a twenty-four hour toll free telephone number and electronic website in accordance with Section 8-30-10; and
(11)(12) perform other duties necessary to implement programs."
C. Title 8 of the 1976 Code is amended by adding:
Section 8-14-10. (A) As used in this article, the term:
(1) 'Contractor' means any person having a contract with a public employer except a political subdivision, where the total value of the contract to be performed in a twelve-month period exceeds twenty-five thousand dollars, or, if the public employer is a political subdivision, where the total value of the contract to be performed in a twelve-month period exceeds fifteen thousand dollars.
(2) 'Director' means the director of the State Budget and Control Board.
(3) 'End product' means movable personal property described in the solicitation and in final form and ready for the use intended including, without limitation, commodities or equipment.
(4) 'Federal work authorization program' means the E-Verify Program or one of the electronic verification of work authorization programs operated by the United States Department of Homeland Security, or an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), Public Law 99-603, or an electronic verification of work authorization program operated by a private entity and approved by the Attorney General.
(5) 'Public employer' means every department, agency, or instrumentality of the State or a political subdivision of the State.
(6) 'Service contract' means a contract that involves the physical performance of manual labor, if the total cost of such labor exceeds (i) thirty percent of the total cost of all labor, or (ii) five percent of the total contract price. The term does not include:
(a) a contract with a public employer, other than a political subdivision, with a total value of less than twenty-five thousand dollars, or a contract with a political subdivision with a total value of less than fifteen thousand dollars;
(b) a contract primarily for the acquisition of an end product; and
(c) a contract that is predominantly for the performance of professional or consultant services.
(7) 'Subcontractor' means any person having either: (a) a services contract with a contractor; or (b) a contract with a sub-subcontractor.
(8) 'Sub-subcontractor' means any person having a services contract with a subcontractor.
(9) 'Private employer' means any person carrying on any employment and the legal representative of a deceased person or the receiver or trustee of any person, and any person for whom an individual performs a service, of whatever nature, as an employee, as defined in Section 12-8-10.
Section 8-14-20. (A) On or after January 1, 2009, every public employer shall register and participate in the federal work authorization program to verify information of all new employees.
(B) A public employer may not enter into a services contract with a contractor for the physical performance of services within this State unless the contractor agrees:
(1) to register and participate in the federal work authorization program to verify information of all new employees; and require agreement from its subcontractors, and through the subcontractors, the sub-subcontractors, to register and participate in the federal verification of information of all new employees; or
(2) to employ only workers who:
(a) possess a valid South Carolina driver's license or identification card issued by the South Carolina Department of Motor Vehicles;
(b) are eligible to obtain a South Carolina driver's license or identification card in that they meet the requirements set forth in S.C. Code Ann. Section 56-1-40 through 56-1-90; or
(c) possess a valid driver's license or identification card from another state where the license requirements are at least as strict as those in South Carolina, as determined by the Attorney General.
(C) A public employer and contractor must not divide work or duties that would otherwise constitute a single service contract into separate contracts for the purpose of avoiding the requirements of this chapter.
(D) Subsection (B) applies as follows:
(1) on and after January 1, 2009, with respect to contractors, subcontractors, or sub-subcontractors of five hundred or more employees;
(2) on and after July 1, 2009, with respect to contractors, subcontractors, or sub-subcontractors of one hundred or more employees but less than five hundred employees; and
(3) on and after January 1, 2010, with respect to all other contractors, subcontractors or sub-subcontractors.
(E) Private employers shall comply with the provisions of Chapter 8, Title 41.
Section 8-14-30. The provisions of this article are enforceable without regard to race, religion, gender, ethnicity, or national origin. Section 11-35-4210 provides the exclusive remedy for violations of this article for any contract governed by Title 11, Chapter 35. A pre-award protest process appearing in a procurement ordinance adopted by a political subdivision pursuant to Section 11-35-50 or Section 11-35-70 provides the exclusive remedy for violations of this article for any contract governed by that procurement ordinance.
Section 8-14-40. A public employer complies with this article if it obtains a written statement from the contractor certifying that the contractor will comply with the requirements of this article and agrees to provide to the public employer any documentation required to establish either: (a) the applicability of this article to the contractor, subcontractor, and sub-subcontractor; or (b) the compliance with this article by the contractor and any subcontractor or sub-subcontractor. A public employer need not audit or independently verify a contractor's compliance with this article.
Section 8-14-50. A contractor or public employer who in good faith complies with the requirements of this article may not be sanctioned or subjected to any civil or administrative action for employing an individual not authorized for employment in the United States.
Section 8-14-60. A person who knowingly makes or files any false, fictitious, or fraudulent document, statement, or report pursuant to this chapter is guilty of a felony, and, upon conviction, must be fined within the discretion of the court or imprisoned for not more than five years, or both.
Section 8-14-70. A local government must not enact any ordinance or policy that limits or prohibits a law enforcement officer, local official, or local government employee from seeking to enforce the provisions of this article.
Section 8-14-80. Except as otherwise provided in this section, the director shall prescribe all forms and promulgate regulations necessary for the application of this article to contracts or agreements and may publish these regulations on the Budget and Control Board's website in accordance with the provisions of Chapter 23 of Title 1 of the South Carolina Code of Laws.
Section 8-14-90. Except as otherwise provided in this section, the director of the Department of Transportation shall prescribe forms, promulgate regulations, and adopt rules necessary for the application of this article to a contract or agreement relating to public transportation and shall publish these rules and regulations on the Department of Transportation's website in accordance with the provisions of Chapter 23 of Title 1 of the South Carolina Code of Laws."
D. Article 1, Chapter 3, Title 23 of the 1976 Code is amended by adding:
"Section 23-3-80. (A) The chief of the South Carolina Law Enforcement Division is authorized and directed to negotiate the terms of a memorandum of understanding between the State of South Carolina and the United States Department of Justice or Department of Homeland Security addressing:
(1) the enforcement of federal immigration laws by state and local law enforcement, specifically through the 287-G program or other applicable federal law designed for the purpose of state enforcement of federal immigration laws;
(2) the detention of illegal immigrants by state and local law enforcement officials and the costs associated with those detentions;
(3) the removal of detained illegal immigrants by federal authorities or, instead of removal, the deportation of illegal immigrants by state and local law enforcement officials;
(4) training of state and local law enforcement officials pursuant to the 287-G program or other applicable federal laws and the costs of such training; and
(5) further communication and cooperation between federal law enforcement and state and local law enforcement officials in the area of immigration enforcement.
(B) The memorandum of understanding negotiated pursuant to subsection (A) must be signed on behalf of the State by the chief of the South Carolina Law Enforcement Division and the Governor or as otherwise required by the appropriate federal agency.
(C) The chief of the South Carolina Law Enforcement Division shall designate appropriate law enforcement officers to be trained pursuant to the memorandum of understanding provided for in subsections (A) and (B). The training may be funded pursuant to the federal Homeland Security Appropriations Act of 2006, or any other source of funding. The provisions of this section become effective upon the securing of this funding.
(D) The director of the South Carolina Department of Corrections, the sheriff of a county, and the governing body of a municipality that maintains a paid police department may enter into the memorandum of understanding between the State of South Carolina and the United States Department of Justice or Department of Homeland Security as a party, and, subject to the availability of funds provided for in subsection (C) of this section, provide corrections officers and local law enforcement officers for training in accordance with the memorandum of understanding.
(E) A law enforcement officer certified as trained in accordance with the memorandum of understanding as provided in this section is authorized to enforce federal immigration and customs laws while performing within the scope of his or her authorized duties."
E. Title 8 of the 1976 Code is amended by adding:
Section 8-29-10. (A) Except as provided in subsection (C) of this section or where exempted by federal law, on or after July 1, 2008, every agency or political subdivision of this State shall verify the lawful presence in the United States of any natural person eighteen years of age or older who has applied for state or local public benefits, as defined in 8 USC Section 1621, or for federal public benefits, as defined in 8 USC Section 1611, that are administered by an agency or a political subdivision of this State.
(B) The provisions of this article shall be enforced without regard to race, religion, gender, ethnicity, or national origin.
(C) Verification of lawful presence pursuant to the provisions of this article is not required for:
(1) a purpose for which lawful presence in the United States is not required by law, ordinance, or regulation;
(2) assistance for health care items and services that are necessary for the treatment of an emergency medical condition, as defined in the Social Security Act (42 USC 1396 et seq.), of the person involved and are not related to an organ transplant procedure;
(3) short-term, noncash, in-kind emergency disaster relief;
(4) public health assistance for immunizations with respect to immunizable diseases and for testing and treatment of symptoms of communicable diseases whether or not such symptoms are caused by a communicable disease;
(5) programs, services, or assistance including soup kitchens, crisis counseling and intervention, and short-term shelter specified by the United States Attorney General, in the United States Attorney General's sole discretion after consultation with appropriate federal agencies and departments, which:
(a) deliver in-kind services at the community level, including through public or private nonprofit agencies;
(b) do not condition the provision of assistance, the amount of assistance provided, or the cost of assistance provided on the individual recipient's income or resources; and
(c) are necessary for the protection of life or safety;
(6) prenatal care;
(7) postsecondary education, whereby the Department of Education shall set forth, or cause to be set forth, policies regarding postsecondary benefits that comply with all federal law including, but not limited to, public benefits as described in 8 USC Section 1611, 1621, or 1623;
(8) benefits, programs, services or any other assistance provided to victims of domestic violence, irrespective of their immigration status, under the Violence Against Women Act of 2000, Public Law Number 106-386, or the Illegal Immigration Reform and Immigrant Responsibility Act, Public Law Number 104-208; or
(9) benefits and refunds lawfully due from the South Carolina Retirement Systems pursuant to Title 9 of the South Carolina Code to members of the Retirement Systems and their beneficiaries.
(D) Verification of lawful presence in the United States by the agency or political subdivision required to make such verification must occur as follows:
(1) the applicant must execute an affidavit that he is a United States citizen or legal permanent resident eighteen years of age or older; or
(2) the applicant must execute an affidavit that he or she is a qualified alien or nonimmigrant under the Federal Immigration and Nationality Act, Public Law 82-414, eighteen years of age or older, and lawfully present in the United States.
(E) For an applicant who has executed an affidavit that he or she is an alien lawfully present in the United States, eligibility for benefits shall be made through the Systematic Alien Verification of Entitlement (SAVE) program operated by the United States Department of Homeland Security or a successor program designated by the United States Department of Homeland Security. Until the eligibility verification is made, the affidavit shall be presumed to be proof of lawful presence for the purposes of this article.
(F) A person who knowingly and willfully makes a false, fictitious, or fraudulent statement or representation in an affidavit executed pursuant to this section, or who aids or abets a person in knowingly and willfully making a false, fictitious, or fraudulent statement or representation in an affidavit executed pursuant to this section, or who solicits or conspires to make a false, fictitious, or fraudulent statement or representation in an affidavit executed pursuant to this section shall be guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both. In addition, a person convicted pursuant to this section must disgorge any benefit received or make restitution, or both, to the agency or political subdivision of this State that administered the benefit or entitlement program. It is a separate violation of this section each time a person receives a public benefit based on such a statement or representation. A conviction and fine charged pursuant to this section shall not preempt or preclude additional appropriate civil or criminal charges or penalties. A person who suffers an ascertainable loss of money or property, real or personal, as a result of the actions of anyone convicted of a violation of this subsection may bring an action, individually, or in a representative capacity, to recover actual damages. If the court finds that a violation has been established, the court shall award three times the actual damages sustained and may provide such other relief as it considers necessary and proper. Upon a finding by the court of a violation, the court shall award to the person bringing the action under this section reasonable attorney's fees and costs.
(G) Persons convicted of a violation of this section are jointly and severally liable for a loss suffered by a person or an agency or political subdivision of the State.
(H) If an affidavit constitutes a false claim of U.S. citizenship under 18 USC Section 911, a complaint must be filed by the agency or political subdivision with the United States Attorney for the District of South Carolina.
(I) It is unlawful for an agency or a political subdivision of this State to provide any state, local, or federal benefit, as defined in 8 USC Section 1621 or 8 USC Section 1611, in violation of this section.
(J) All errors and significant delays by SAVE or its successor program must be reported to the United States Department of Homeland Security and to the Secretary of State which will monitor SAVE and its verification application errors and significant delays and report yearly on such errors and significant delays to ensure that the application of SAVE is not wrongfully denying benefits to legal residents of South Carolina.
(K) An agency or a political subdivision of this State that provides a state, local, or federal benefit, as defined in 8 USC 1621 or 8 USC Section 1611, must require a person currently under the age of eighteen who received the benefit to comply with the provisions of this article upon reaching the age of eighteen. If the recipient is unwilling or unable to comply, receipt of all benefits must cease immediately upon the recipient's eighteenth birthday.
(L) A local government may not enact any ordinance or policy that limits or prohibits a law enforcement officer, local official, or local government employee from seeking to enforce the provisions of this article."
F. Title 8 of the 1976 Code is amended by adding:
Section 8-30-10. (A) The executive director of the State Commission for Minority Affairs, or a designee, shall establish and maintain a twenty-four hour toll free telephone number and electronic website to receive, record, collect, and report allegations of violations of any laws or regulations by any non-United States citizen or immigrant, and allegations of violations of any laws or regulations against any non-United States citizen or immigrant. Such violations shall include, but are not limited to, E-Verify or other federal work authorization program violations, violations of Chapter 83 of Title 40 of this Code relating to immigration assistance services, or any regulations enacted governing the operation of immigration assistance services, false or fraudulent statements made or documents filed in relation to an immigration matter, as defined by Section 40-83-20, violation of human trafficking laws, as defined in Section 16-3-930, landlord tenant law violations, or violations of any law pertaining to the provision or receipt of public assistance benefits or public services.
(B) The executive director, or a designee, shall establish and maintain a centralized tracking database consisting of all information received through the twenty-four hour toll free telephone number and electronic website, and shall report all alleged violations to the appropriate law enforcement, administrative, executive, or regulatory agency or political subdivision having law enforcement or regulatory control over the subject matter.
Section 8-30-20. The executive director is authorized to hire personnel necessary to carry out the duties prescribed in Section 8-30-10. The General Assembly shall provide for the funds in the annual appropriations act."
G. Chapter 6, Title 12 of the 1976 Code is amended by adding:
"Section 12-6-1175. (A) As used in this section:
(1) 'Authorized employee' means an individual authorized for employment in the United States as defined in the Immigration Reform and Control Act of 1986.
(2) 'Labor services' means the physical performance of services in this State.
(B) On or after January 1, 2009, no wages or remuneration for labor services to an individual of six hundred dollars or more per annum may be claimed and allowed as a deductible business expense for state income tax purposes by a taxpayer unless such individual is an authorized employee. The provisions of this subsection shall apply whether or not an Internal Revenue Service Form 1099 is issued in conjunction with the wages or remuneration.
(C) This section shall not apply to a business domiciled in this State that is exempt from compliance with federal employment verification procedures under federal law that makes the employment of unauthorized persons unlawful.
(D) This section shall not apply to an individual hired by the taxpayer prior to January 1, 2009.
(E) This section shall not apply to a taxpayer where the individual being paid is not directly compensated or employed by said taxpayer.
(F) This section shall not apply to wages or remuneration paid for labor services to any individual who:
(1) holds and presents to the taxpayer a valid license or identification card issued by the South Carolina Department of Motor Vehicles;
(2) is eligible to obtain a South Carolina driver's license or identification card in that he meets the requirements set forth in S.C. Code Ann. Sections 56-1-40 through 56-1-90; or
(3) possesses a valid driver's license or identification card from another state where the license requirements are as strict or stricter than those in South Carolina, as determined by the Attorney General.
(G) A taxpayer must not be held liable for failing to comply with the provisions of this section, if, based on a reasonable investigation of the individual, the taxpayer did not know or should not have known that the individual was not an authorized employee. For purposes of this subsection, a taxpayer shall be deemed to have conducted a reasonable investigation if the individual met the requirements of subsection (F), and the information provided by the individual to the taxpayer was facially correct.
(H) The director of the South Carolina Department of Revenue is authorized to prescribe forms and promulgate regulations deemed necessary in order to administer and effectuate this section in accordance with the provisions of Chapter 23 of Title 1 of the South Carolina Code of Laws.
(I) The executive director of the South Carolina Employment Security Commission shall send written notice of this section to all South Carolina employers no later than July 1, 2008."
H. Chapter 8, Title 12 of the 1976 Code is amended by adding:
"Section 12-8-595. (A) A withholding agent, as defined in Section 12-8-10, shall withhold state income tax at the rate of seven percent of the amount of compensation paid to an individual, which compensation is reported on Form 1099 and with respect to which the individual has:
(1) failed to provide a taxpayer identification number or social security number;
(2) failed to provide a correct taxpayer identification number or social security number; or
(3) provided an Internal Revenue Service issued taxpayer identification number issued for nonresident aliens.
(B) A withholding agent who fails to comply with the withholding requirements of this subsection shall be liable for the taxes required to have been withheld unless the withholding agent is exempt from federal withholding with respect to the individual pursuant to a properly filed Internal Revenue Service Form 8233 and has provided a copy of the form to the commissioner.
(C) A withholding agent does not violate this section if the individual provides a false or incorrect social security number or taxpayer identification number that is facially correct and the withholding agent does not know or should not have known based on a reasonable investigation that the number provided is false or incorrect.
(D) The executive director of the South Carolina Employment Security Commission shall send written notice of this section to all South Carolina employers no later than July 1, 2008."
I. Article 5, Chapter 9, Title 16 of the 1976 Code is amended by adding:
"Section 16-9-460. (A) It is a felony for a person knowingly or in reckless disregard of the fact that another person has come to, entered, or remained in the United States in violation of law to transport, move, or attempt to transport that person within the State or to solicit or conspire to transport or move that person within the State with specific intent to further that person's illegal entry into the United States or avoiding apprehension or detection of that person's illegal status by state or federal authorities.
(B) It is a felony for a person knowingly or in reckless disregard of the fact that another person has come to, entered, or remained in the United States in violation of law to conceal, harbor, or shelter from detection or to solicit or conspire to conceal, harbor, or shelter from detection that person in any place, including a building or means of transportation, with specific intent to further that person's illegal entry into the United States or avoiding apprehension or detection of that person's illegal status by state or federal authorities.
(C) A person who violates the provisions of subsection (A) or (B) of this section is guilty of a felony and, upon conviction, must be punished by a fine not to exceed five thousand dollars or by imprisonment for a term not to exceed five years, or both.
(D) A person who is convicted of, pleads guilty to, or enters into a plea of nolo contendere to a violation of this section must not be permitted to seek or obtain any professional license offered by the State or any agency or political subdivision of the State.
(E) Subsections (A) and (B) do not apply to programs, services, or assistance including soup kitchens, crisis counseling and intervention; churches or other religious institutions that are recognized as a 501(c)(3) organizations by the Internal Revenue Service; and short-term shelters specified by the United States Attorney General, in the United States Attorney General's sole discretion after consultation with appropriate federal agencies and departments, which:
(i) deliver in-kind services at the community level, including through public or private nonprofit agencies;
(ii) do not condition the provision of assistance, the amount of assistance provided, or the cost of assistance provided on the individual recipient's income or resources; and
(iii) are necessary for the protection of life or safety.
Shelter provided for strictly humanitarian purposes or provided under the Violence Against Women Act is not a violation of this section, so long as the shelter is not provided in furtherance of or in an attempt to conceal a person's illegal presence in the United States.
(F) Providing health care treatment or services to a natural person who is in the United States unlawfully is not a violation of this section."
J. Chapter 13, Title 16 of the 1976 Code is amended by adding:
"Section 16-13-525. (A) In addition to the penalties provided for in this chapter, a person who is convicted of, pleads guilty to, or enters into a plea of nolo contendere to financial identity fraud or identity fraud involving the false, fictitious, or fraudulent creation or use of documents that enable a person who is not authorized to live or work in the United States to live or work in the United States, or to receive benefits administered by an agency or political subdivision of this State, must disgorge any benefit received or make restitution to the agency or political subdivision that administered the benefit or entitlement program, or both. A criminal charge pursuant to this chapter shall not preempt or preclude additional appropriate civil or criminal charges or penalties.
(B) A person who suffers an ascertainable loss of money or property, real or personal, as a result of a conviction or plea to a violation of financial identity fraud or identity fraud involving a matter described in subsection (A), may bring an action individually, or in a representative capacity, to recover actual damages against any person convicted of the violation. If a court finds that a violation has been established, the court shall award three times the actual damages sustained and may provide such other relief as it considers necessary or proper. Upon the finding by the court of a violation, the court shall award to the person bringing this action pursuant to this section reasonable attorney's fees and costs.
(C) A person convicted of a violation of this subsection is jointly and severally liable for a loss suffered by a person or an agency or political subdivision of the State.
(D)(1) It is unlawful for a person to display, cause or permit to be displayed, or have in his possession a false, fictitious, fraudulent, or counterfeit green card or other document including, but not limited to, a driver's license or social security card for the purpose of offering proof of United States citizenship or classification by the United States as an alien lawfully admitted for temporary or permanent residence under federal immigration law.
(2) A person who violates the provisions of this section:
(a) for a first offense, is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than thirty days; and
(b) for a second offense or subsequent offense, is guilty of a felony and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than five years.
(E) A violation of the provisions of this section is considered a separate criminal offense and does not preclude prosecution for perjury pursuant to Section 16-9-10 in addition to prosecution pursuant to the provisions of this section."
K. Chapter 3, Title 23 of the 1976 Code is amended by adding:
Section 23-3-1100. (A) If a person is charged with a criminal offense and is confined for any period in a jail of the State, county, or municipality, or a jail operated by a regional jail authority, a reasonable effort shall be made to determine whether the confined person is lawfully present in the United States.
(B) If the prisoner is a foreign national, the keeper of the jail or other officer must make a reasonable effort to verify that the prisoner has been lawfully admitted to the United States and if lawfully admitted, that such lawful status has not expired. If verification of lawful status cannot be made from documents in the possession of the prisoner, verification must be made within seventy-two hours through a query to the Law Enforcement Support Center (LESC) of the United States Department of Homeland Security or other office or agency designated for that purpose by the United States Department of Homeland Security. If the prisoner is determined not to be lawfully admitted to the United States, the keeper of the jail or other officer shall notify the United States Department of Homeland Security.
(C) Upon notification to the United States Department of Homeland Security pursuant to subsection (B), the keeper of the jail must account for daily expenses incurred for the housing, maintenance, and care of the prisoner who is unlawfully admitted to the United States and forward an invoice to the Department of Homeland Security for these expenses.
(D) Nothing in this section shall be construed to deny a person bond or from being released from confinement when such person is otherwise eligible for release. However, pursuant to the provisions of Section 17-15-30, a court setting bond shall consider the lawful presence in the United States of the person charged.
(E) The State Law Enforcement Division shall promulgate regulations to comply with the provisions of this section in accordance with the provisions of Chapter 23 of Title 1 of the South Carolina Code of Laws."
L. Chapter 1, Title 41 of the 1976 Code is amended by adding:
"Section 41-1-30. (A) There is a civil right of action for wrongful termination against an employer who discharges an employee authorized to work in the United States for the purpose of replacing that employee with a person the employer knows or should reasonably know is not lawfully present and authorized to work in the United States.
(B) An aggrieved employee must show:
(a) the replacement occurred within sixty days of the date of the employee's termination, and
(b) the replacement worker was not authorized to work in the United States at the time of the replacement; and
(c) the employer knew or reasonably should have known of the replacement worker's status; and
(d) the replacement worker filled duties and responsibilities the employee vacated.
(C) This section does not create an employment contract for either a public or private employer.
(D) An employee who brings a civil suit pursuant to this section is limited to the following recovery:
(1) reinstatement to his former position; and
(2) lost wages.
(E) A cause of action does not arise against an employer who submits the necessary identifying information for all employees through the Systematic Alien Verification of Entitlement (SAVE) program, the E-Verify Program or a successor program used for verification of work authorization and operated by the United States Department of Homeland Security.
(F) Any cause of action arising pursuant to this section is equitable in nature and must be brought within one year of the date of the alleged violation.
(G) For any action brought pursuant to this section, the court may award attorney fees to the prevailing party.
(H) This section takes effect ninety days after the effective date of the act."
M. Title 40 of the 1976 Code is amended by adding:
Section 40-83-10. This act shall be cited as the 'Registration of Immigration Assistance Service Act'.
Section 40-83-20. As used in this chapter, the term:
(A) 'Compensation' means money, property, services, promise of payment, or anything else of value given in exchange for a service.
(B) 'Director' means the Director of the South Carolina Department of Labor, Licensing and Regulation, or his designee.
(C) 'Employed by' means that a person is on the payroll of the employer and the employer deducts from the employee's paycheck social security and withholding taxes or that a person receives compensation from the employer on a commission basis or as an independent contractor.
(D) 'Immigration assistance service' means information or action provided or offered to customers or prospective customers related to immigration matters, excluding legal advice, recommending a specific course of legal action or providing other assistance that requires legal analysis, legal judgment, or interpretation of the law.
(E) 'Immigration matter' means a proceeding, filing, or action affecting the nonimmigrant, immigrant, or citizenship status of any person that arises under:
(1) immigration and naturalization law, executive order, or presidential proclamation of the United States or any foreign country; or
(2) action of the United States Department of Labor, the United States Department of State, the United States Department of Homeland Security, or the United States Department of Justice.
Section 43-83-30. (A) A person who provides or offers to provide immigration assistance service shall perform only the following services:
(1) completing a government agency form, requested by the customer and appropriate to the customer's needs only if the completion of that form does not involve a legal judgment for that particular matter;
(2) transcribing responses to a government agency form that is related to an immigration matter but not advising a customer as to his or her answers on those forms;
(3) translating information on forms to a customer and translating the customer's answers to questions posed on those forms;
(4) securing for the customer supporting documents currently in existence, such as birth and marriage certificates, which may be needed to be submitted with government agency forms;
(5) translating documents from a foreign language into English;
(6) notarizing signatures on government agency forms, if the person performing the service is a notary public commissioned in the State of South Carolina and is lawfully present in the United States;
(7) making referrals, without a fee, to attorneys who could undertake legal representation for a person in an immigration matter;
(8) preparing or arranging for the preparation of photographs and fingerprints;
(9) arranging for the performance of medical testing (including X-rays and AIDS tests) and the obtaining of reports of such test results;
(10) conducting English language and civics courses; and
(11) performing other services that the director determines by rule may be appropriately performed by such persons in light of the purposes of this chapter.
(B) The following persons are exempt from this chapter:
(1) an attorney licensed to practice law in South Carolina or an attorney licensed to practice law in another state or territory of the United States or in a foreign country when acting with the approval of a judge having lawful jurisdiction over the matter;
(2) a legal intern, clerk, paralegal, or person in a similar position employed by and under the direct supervision of a licensed attorney meeting the requirements in item (1) of this subsection and rendering immigration assistance service in the course of employment; or
(3) a not-for-profit organization recognized by the Board of Immigration Appeals under 8 C.F.R. 292.2(a), to include, but not be limited to, religious, charitable, social service, or similar organizations, and employees of those organizations accredited under 8 C.F.R. 292.2(d).
(C) This chapter does not regulate any business to the extent that such regulation is prohibited or preempted by federal law.
(D) A person performing the services described in this chapter shall obtain a business license from the Department of Labor, Licensing and Regulation, and as may be required by a local governing authority.
(E) A person who provides or offers immigration assistance service and is not exempted under this chapter shall post signs at his or her place of business setting forth information in English and in every other language in which the person provides or offers to provide immigration assistance service. Each language shall be on a separate sign. Signs shall be posted in a location where the signs will be visible to customers. Each sign shall be at least twelve inches by seventeen inches and shall contain the following statement:
'I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.'
(F) Each person engaged in immigration assistance service who is not an attorney who advertises immigration assistance service in a language other than English, whether by radio, television, signs, pamphlets, newspapers, or other written communication, with the exception of a single desk plaque, must include in the document, advertisement, stationery, letterhead, business card, or other comparable written material the following notice in English and the language in which the written communication appears. This notice shall be of a conspicuous font size, if in writing, and shall state:
'I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.'
If an advertisement is by radio or television, the statement may be modified but must include substantially the same information.
(G) A person who provides or offers immigration assistance service and who is not exempted pursuant to the provisions of this chapter may not literally translate from English into another language any document, advertisement, stationery, letterhead, business card, or other comparable written material terms or titles including, but not limited to, notary public, notary, licensed attorney, lawyer, or another term that implies the person is an attorney.
(H) A person engaged in providing immigration services who is not exempted under this chapter may not:
(1) accept payment in exchange for providing legal advice or any other assistance that requires legal analysis, legal judgment, or interpretation of the law;
(2) refuse to return documents supplied by, prepared on behalf of, or paid for by the customer upon the request of the customer. These documents must be returned upon request even if there is a fee dispute between the immigration assistant and the customer;
(3) represent or advertise, in connection with providing assistance in immigration matters, other titles or credentials, including, but not limited to, 'notary public' or 'immigration consultant', that could cause a customer to believe that the person possesses special professional skills or is authorized to provide advice on an immigration matter, provided that a certified notary public may use the term ' notary public' if the use is accompanied by the statement that the person is not an attorney. The term 'notary public' may not be translated into another language;
(4) provide legal advice, recommend a specific course of legal action, or provide any other assistance that requires legal analysis, legal judgment, or interpretation of the law; or
(5) make any misrepresentation or false statement, directly or indirectly, to influence, persuade, or induce patronage.
(I) Violations of this chapter may result in a civil penalty of up to one thousand dollars per violation and the revocation of the business license of the immigration assistance service. A fine charged pursuant to this chapter shall not preempt or preclude additional appropriate civil or criminal penalties to include disgorgement and restitution.
(J) Any person who knowingly and willfully makes a false, fictitious, or fraudulent statement or representation in any document prepared or executed as part of the provision of immigration assistance services in an immigration matter pursuant to this chapter, or anyone who aids or abets a person in knowingly and willfully making a false, fictitious, or fraudulent statement or representation in any document prepared or executed as part of the provision of immigration assistance services in an immigration matter pursuant to this chapter, or who solicits or conspires to make a false, fictitious, or fraudulent statement or representation in any document prepared or executed as part of the provision of immigration assistance services in an immigration matter pursuant to this chapter shall be guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both. In addition, a person convicted of this subsection must disgorge any benefit received or make restitution, or both, to the agency or political subdivision that administered the benefit or entitlement program. It is a separate violation of this subsection each time a person knowingly and willfully makes, aids, or abets in the making of, or solicits or conspires to make a false, fictitious, or fraudulent statement or representation in any document prepared or executed pursuant to this subsection. A criminal charge pursuant to this chapter shall not preempt or preclude additional appropriate civil or criminal charges or penalties. A person who suffers any ascertainable loss of money or property, real or personal, as a result of a conviction or plea to a violation of this subsection may bring an action individually, or in a representative capacity, to recover actual damages from any person convicted of the violation of this subsection. If the court finds that a violation has been established, the court shall award three times the actual damages sustained and may provide such other relief as it considers necessary or proper. Upon the finding by the court of a violation, the court shall award to the person bringing such action under this section reasonable attorney's fees and costs.
(K) Persons convicted of a violation of this subsection are jointly and severally liable for any loss suffered by any person or any agency or political subdivision of the State.
(L) The director shall promulgate regulations not inconsistent with this chapter for the implementation, administration, and enforcement of this chapter in accordance with the provisions of Chapter 23 of Title 1 of the South Carolina Code of Laws.
(M) This chapter shall not apply to anyone employed by or working for an educational institution who is registered as a designated school official with the SEVIS program, or a successor program, operated by the United States Department of Homeland Security."
N. Section 14-7-1630(A)(8) and (9) of the 1976 Code, as last amended by Act 82 of 2007, is further amended to read:
"(8) a crime involving obscenity including, but not limited to, a crime as provided in Article 3, Chapter 15, Title 16 or any attempt, aiding, abetting, solicitation, or conspiracy to commit a crime involving obscenity; and
(9) a crime involving the knowing and willful making of, aiding and abetting in the making of, or soliciting or conspiring to make a false, fictitious, or fraudulent statement or representation in an affidavit regarding a person's lawful presence in the United States, as defined in Section 43-5-1410, if the number of violations exceeds twenty or if the public benefit received by a person from a violation or combination of violations exceeds twenty thousand dollars;
(10) a crime involving financial identity fraud or identity fraud involving the false, fictitious, or fraudulent creation or use of documents used in an immigration matter as defined in Section 16-13-525, if the number of violations exceeds twenty, or if the value of the ascertainable loss of money or property suffered by a person or persons from a violation or combination of violations exceeds twenty thousand dollars;
(11) a crime involving the knowing and willful making of, aiding or abetting in the making of, or soliciting or conspiring to make a false, fictitious, or fraudulent statement or representation in a document prepared or executed as part of the provision of immigration assistance services in an immigration matter, as defined in Section 40-91-40, if the number of violations exceeds twenty, or if a benefit received by a person from a violation or combination of violations exceeds twenty thousand dollars; and
(12) a knowing and willful crime involving actual and substantial harm to the water, ambient air, soil or land, or both soil and land. This crime includes a knowing and willful violation of the Pollution Control Act, the Atomic Energy and Radiation Control Act, the State Underground Petroleum Environmental Response Bank Act, the State Safe Drinking Water Act, the Hazardous Waste Management Act, the Infectious Waste Management Act, the Solid Waste Policy and Management Act, the Erosion and Sediment Control Act, the South Carolina Mining Act, and the Coastal Zone Management Act, or a knowing and willful crime arising out of or in connection with environmental laws, or any attempt, aiding, abetting, solicitation, or conspiracy to commit a knowing and willful crime involving the environment if the anticipated actual damages including, but not limited to, the cost of remediation, are two million dollars or more, as certified by an independent environmental engineer who must be contracted by the Department of Health and Environmental Control. If the knowing and willful crime is a violation of federal law, then a conviction or an acquittal pursuant to federal law for the same act is a bar to the impaneling of a state grand jury pursuant to this section."
O. Article 6, Chapter 23, Title 16 of the 1976 Code is amended by adding:
"Section 16-23-530. (A) It is unlawful for a person who is not lawfully present in the United States to possess, purchase, offer to purchase, sell, lease, rent, barter, exchange, or transport into this State a firearm.
(B) It is unlawful for a person to knowingly sell, offer to sell, deliver, lease, rent, barter, exchange, or transport for sale into this State a firearm to a person knowing that such person is not lawfully present in the United States.
(C) A person violating the provisions of subsection (A) of this section is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than ten years, or both.
(D) A person violating the provisions of subsection (B) of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand dollars or imprisoned not more than three years, or both."
P. Section 17-15-30 of the 1976 Code, as last amended by Act 106 of 2005, is further amended to read:
"Section 17-15-30. (A) In determining conditions of release that will reasonably assure appearance, or if release would constitute an unreasonable danger to the community, the court may, on the basis of available information, consider the nature and circumstances of the offense charged, and the accused's:
(1) family ties,;
(2) employment,;
(3) financial resources,;
(4) character and mental condition,;
(5) the length of his residence in the community,;
(6) his record of convictions,; and
(7) his record of flight to avoid prosecution or failure to appear at other court proceedings.
(B) The court shall consider:
(1) the accused's criminal record, if any. The court shall consider, if available,;
(2) all incident reports generated as a result of the offense charged, if available; and
(3) whether the accused is not lawfully present in the United States in violation of the Federal Immigration and Nationality Act or another federal law relating to illegal immigration, and poses a substantial flight risk due to this status."
Q. Chapter 101, Title 59 of the 1976 Code is amended by adding:
"Section 59-101-430. (A) A person who is not lawfully present in the United States is not eligible to attend a public institution of higher learning in this State, as defined in Section 59-103-5. The trustees of a public institution of higher learning in this State shall develop and institute a process by which lawful presence in the United States is verified.
(B) A person not lawfully present in the United States is not eligible on the basis of residence for a public higher education benefit including, but not limited to, scholarships, financial aid, grants, or resident tuition."
R. Chapter 1, Title 6 of the 1976 Code is amended by adding:
"Section 6-1-170. (A) For purposes of this section, 'political subdivision' includes, but is not limited to, a municipality, county, school district, special purpose district, or public service district.
(B) A political subdivision of this State may not enact any ordinance or policy that limits or prohibits a law enforcement officer, local official, or local government employee from seeking to enforce a state law with regard to immigration.
(C) A political subdivision of this State may not enact any ordinance or policy that limits or prohibits a law enforcement officer, local official, or local government employee from communicating to appropriate federal or state officials with regard to the immigration status of any person within this State.
(D) A city, county, municipality, or other local government or political subdivision may not enact any ordinance, regulation, or other legislation pertaining to the employment, licensing, permitting, or otherwise doing business with a person based upon that person's authorization to work in the United States that exceeds or otherwise conflicts with federal or state law. An enactment found to be in conflict with federal or state law is void."
S. Title 41 of the 1976 Code is amended by adding:
Section 41-8-10. As used in this chapter:
(A) 'Agency' means any agency, department, board, or commission of this state or a political subdivision of this State that issues a license for the purposes of operating a business in this State.
(B) 'Director' means the Director of the Department of Revenue or his designee.
(C) 'License' means an agency permit, certificate, approval, registration, charter, or similar form of authorization that is required by law and that is issued by an agency or political subdivision for the purpose of operating a business or engaging in a profession in this State.
(D) 'Political subdivision' includes counties, cities, towns, villages, townships, districts, authorities, and other public corporations and entities whether organized and existing under charter or general law.
(E) 'Private employer' means a person carrying on an employment and the legal representative of a deceased person or the receiver or trustee of a person, and a person for whom an individual performs a service, of whatever nature, as an employee, as defined in Section 12-8-10.
Section 41-8-20. A private employer may not knowingly or intentionally employ an illegal alien.
Section 41-8-30. (A) On and after July 1, 2009, all private employers of one hundred or more employees who are required by federal law to complete and maintain federal Form I-9 Employment Eligibility Verification documents must:
(1) register and participate in the federal work authorization program to verify information of all new employees; or
(2) employ only workers who:
(a) possess a valid South Carolina driver's license or identification card issued by the South Carolina Department of Motor Vehicles; or
(b) are eligible to obtain a South Carolina driver's license or identification card in that they meet the requirements set forth in Sections 56-1-40 through 56-1-90; or
(c) possess a valid driver's license or identification card from another state where the license requirements are at least as strict as those in South Carolina, as determined by the Attorney General. The Attorney General shall publish on its website a list of states where the license requirements are at least as strict as those in South Carolina.
(B) The provisions of subsection (A) apply to all private employers who employ fewer than one hundred employees and who are required by federal law to complete and maintain federal Form I-9 Employment Eligibility Verification documents on and after July 1, 2010.
(C) The Employment Security Commission may provide private employers with technical advice and electronic access to the federal work authorization program's website for the sole purpose of registering and participating in the program.
(D) The director of the Department of Revenue must send written notice of requirements provided in this section to all South Carolina employers no later than July 1, 2008, and shall publish on its website the information contained in the notice.
Section 41-8-40. The provisions of this chapter are enforceable without regard to race, religion, gender, ethnicity, or national origin.
Section 41-8-50. A private employer who complies in good faith with the requirements of this chapter must not be sanctioned or subjected to civil or administrative action for employing an individual not authorized for employment in the United States.
Section 41-8-60. A person who knowingly makes or files a false, fictitious, or fraudulent document, statement, or report pursuant to this chapter is guilty of a felony, and, upon conviction, must be fined within the discretion of the court or imprisoned for not more than five years, or both.
Section 41-8-70. A local government may not enact any ordinance or policy that limits or prohibits a law enforcement officer, local official, or local government employee from seeking to enforce the provisions of this chapter.
Section 41-8-80. Nothing in this chapter abrogates a private employer's obligation to comply with federal immigration law.
Section 41-8-90. The South Carolina Department of Revenue shall receive and investigate written and signed complaints of violations of the provisions of this chapter and assess civil penalties pursuant to Section 41-8-110. The Attorney General and circuit solicitors shall enforce the penalties provided in Section 41-8-130 for violation of Section 41-8-20.
Section 41-8-100. The director, his inspectors, agents, or designees, upon proper presentation of credentials to the owner, manager, or agent of the employer, may enter the business premises at reasonable times and have the right to question, either publicly or privately, any employer, owner, manager, or agent and the employees of the employer and inspect, investigate, reproduce, or photograph original business records relevant to determining compliance with the provisions of Section 41-8-30.
Section 41-8-110. (A) Upon a finding that an employer has violated Section 41-8-30, the director may assess a fine of up to one hundred dollars for a first offense, up to two hundred and fifty dollars for a second offense, and up to five hundred dollars for a third or subsequent offense.
(B) For purposes of this section, each failure of an employer to verify the immigration status of a new employee pursuant to 41-8-30 constitutes a separate violation; except that multiple violations determined at a single investigation or audit may result in multiple fines but must not be considered as more than one offense.
(C) In each case where a civil penalty assessed by the director pursuant to this section is not paid within sixty days the director shall bring an action against the assessed employer for collection of the penalty.
(D) Amounts collected pursuant to this section must be retained by the director and must be used to fund the costs of implementing and enforcing the provisions of this chapter."
Section 41-8-120. (A) The director shall receive written and signed complaints alleging violations of Section 41-8-20.
(B) Upon the receipt of a written and signed complaint alleging a violation of 41-8-20, the director shall verify the work authorization of the person alleged not to be lawfully present pursuant to 8 USC Section 137(c). A state, county, or local official may not make a determination whether an alien is lawfully present in the United States. The director shall forward to the Attorney General or the appropriate circuit solicitor the results of his investigation of the complaint if the results indicate a violation has occurred.
Section 41-8-130. (A) Upon a finding that an employer has violated Section 41-8-20 the Attorney General or circuit solicitor shall report the finding to the United States Immigration and Customs Enforcement and impose the following penalties:
(1) for a first offense, order the termination of all persons employed in violation of 41-8-20 and place the employer on probation for a period not to exceed three years, during which time the employer must submit quarterly reports to the director demonstrating compliance with Section 41-8-20;
(2) for a second offense, order the termination of all persons employed in violation of Section 41-8-20 and place the employer on probation for a period not to exceed three years, during which time the employer must submit quarterly reports to the director demonstrating compliance with Section 41-8-20 and suspend the employer's license for a period of time not to exceed ten days;
(3) for a third or subsequent offense, order the termination of all persons employed in violation of Section 41-8-20 and place the employer on probation for a period not to exceed three years, during which time the employer must submit quarterly reports to the director demonstrating compliance with Section 41-8-30 and suspend the employer's license for a period of time not less than ten days and not more than thirty days.
(B) Notwithstanding another provision of law, a license suspended pursuant to this section must be reinstated automatically at the conclusion of the suspension period.
(C) An entity may not charge a fee for the reinstatement of a license suspended pursuant to this section.
Section 41-8-140. In assessing a penalty for a violation of Section 41-8-20 or Section 41-8-30, the director or Attorney General or circuit solicitor shall base his assessment on evidence or information collected by the director or submitted for consideration by the employer, and shall consider the following factors, if relevant:
(1) the number of unauthorized aliens employed by the employer;
(2) the prior violations of this chapter by the employer;
(3) the size of the employer's workforce; and
(4) the duration of the violation.
Section 41-8-150. (A) The director shall promulgate regulations to establish a procedure for administrative review of a penalty assessed pursuant to this chapter.
(B) The director shall develop a statewide random auditing program to inspect private employers for compliance with the provisions of Section 41-8-30."
T. All requirements of this SECTION concerning immigration or the classification of immigration status must be construed in conformity with federal immigration law.
U. If any subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, or word of subsection S. is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of the Section, the General Assembly hereby declaring that it would have passed subsection S., and each and every subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other subsections, items, subitems, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
V. If any section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, or word of this SECTION is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this SECTION, and each and every section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, items, subitems, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
W. This SECTION takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. MULVANEY explained the amendment.
Rep. JENNINGS raised the Point of Order that Amendment No. 10A was out of order in that it was not germane to the Bill.
SPEAKER HARRELL stated that while the Bill dealt with cigarette taxation, the Amendment dealt with immigration reform. He, therefore, sustained the Point of Order and ruled the Amendment out of order.
Rep. CRAWFORD proposed the following Amendment No. 16A (Doc Name COUNCIL\NBD\12366AC08), which was tabled:
Amend the bill, as and if amended, Section 12-21-265(B)(1) on page 2, line 17 by deleting /five/ and inserting /twenty-five/.
Amend the bill further, Section 11-11-200(A) page 3, line 26 by deleting /five/ and inserting /twenty-five/.
Renumber sections to conform.
Amend title to conform.
Rep. CRAWFORD explained the amendment.
Rep. VICK moved to table the amendment.
Rep. CRAWFORD demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Allen Anderson Anthony Bales Battle Bowers Branham Brantley Breeland G. Brown R. Brown Clyburn Cobb-Hunter Coleman Cotty Dantzler Davenport Delleney Funderburk Govan Gullick Hart Harvin Hayes Hiott Hodges Hosey Howard Jefferson Jennings Kennedy Kirsh Knight Lucas Mack Mahaffey McLeod Mitchell Moss J. H. Neal J. M. Neal Neilson Ott Owens Parks Phillips Pinson Rice Rutherford Sandifer Scott Sellers Simrill Skelton D. C. Smith F. N. Smith J. E. Smith Stavrinakis Talley Thompson Vick Walker Weeks Whipper Whitmire Williams Witherspoon
Those who voted in the negative are:
Ballentine Bannister Barfield Bedingfield Bingham Bowen Brady Cato Chalk Clemmons Cooper Crawford Daning Duncan Edge Erickson Frye Gambrell Hagood Hardwick Harrell Herbkersman Huggins Hutson Kelly Leach Limehouse Littlejohn Loftis Lowe Merrill Miller Mulvaney Perry E. H. Pitts M. A. Pitts Scarborough Shoopman G. M. Smith G. R. Smith J. R. Smith Spires Stewart Taylor Toole Umphlett Viers White Young
So, the amendment was tabled.
The Senate Amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.
With the growth of our state budget in recent years, I do not believe we need to be raising taxes and, thus, adding additional government programs, at this time. Even the proponents of the cigarette tax increase admit that the goal is for this revenue stream to decline. Yet the programs created by these proposals will survive that loss of funding. I have supported smoking cessation programs, especially among our youth, since being elected to this body. In fact, I led that fight in the House for six years, before passing meaningful legislation that will address the youth smoking problems in our State. The proposals before us today are flawed based on the revenue increase as well as the additional burden these programs would put on the taxpayers of South Carolina.
Rep. Scott Talley
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced amendments because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Amendments 3A, 4A and 5A
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. Murrell Smith
I was temporarily out of the Chamber during the vote on Amendment No. 16A to House Bill 3567. If I had been present, I would have voted 'yea' to table the Amendment.
Rep. Nikki Haley
Rep. SELLERS moved that the House recur to the Morning Hour, which was agreed to.
The following was received:
Columbia, S.C., May 21, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has requested and has granted free conference powers and appointed Senators Hayes, Lourie and Bryant of the Committee of Free Conference on the part of the Senate on S. 799:
S. 799 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 40-47-755 OF THE 1976 CODE, RELATING TO PHYSICIANS, SURGEONS, AND OSTEOPATHS, TO DELETE THE REQUIREMENT THAT AURICULAR DETOXIFICATION THERAPY TAKE PLACE UNDER THE DIRECT SUPERVISION OF A LICENSED ACUPUNCTURIST.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., May 21, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on S. 799:
S. 799 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 40-47-755 OF THE 1976 CODE, RELATING TO PHYSICIANS, SURGEONS, AND OSTEOPATHS, TO DELETE THE REQUIREMENT THAT AURICULAR DETOXIFICATION THERAPY TAKE PLACE UNDER THE DIRECT SUPERVISION OF A LICENSED ACUPUNCTURIST.
Very respectfully,
President
Received as information.
Rep. HOWARD, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:
S. 669 (Word version) -- Senator Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-7-465 SO AS TO PROVIDE THAT ALL INSURERS THAT ARE RESPONSIBLE FOR PAYMENT OF A CLAIM FOR A HEALTH CARE ITEM OR SERVICE AS A CONDITION OF DOING BUSINESS IN THIS STATE SHALL PROVIDE INFORMATION TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES ON INDIVIDUALS WHO RECEIVE MEDICAL ASSISTANCE UNDER THE STATE PLAN, SHALL ACCEPT THE STATE'S RIGHT OF RECOVERY OF CERTAIN PAYMENTS MADE UNDER THE STATE PLAN, SHALL RESPOND TO CLAIMS, AND SHALL AGREE NOT TO DENY CLAIMS ON THE BASIS OF THE TIME THE CLAIM WAS FILED, IF TIMELY FILED, THE FORMAT OF THE CLAIM FORM, OR FAILURE TO PRESENT DOCUMENTATION AT THE POINT OF SALE THAT IS THE BASIS OF THE CLAIM.
Ordered for consideration tomorrow.
Rep. HOWARD, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:
S. 1059 (Word version) -- Senator O'Dell: A BILL TO AMEND SECTION 44-79-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITED CONTRACTUAL PROVISIONS IN CONTRACTS FOR PHYSICAL FITNESS SERVICES, SO AS TO MAKE TECHNICAL LANGUAGE AND REFERENCE CHANGES; AND TO AMEND SECTION 44-79-60, RELATING TO PERMISSIBLE CONTRACTUAL PROVISIONS IN CONTRACTS FOR PHYSICAL FITNESS SERVICES, SO AS TO PROVIDE FOR AUTOMATIC RENEWAL OPTIONS FOR PHYSICAL FITNESS SERVICES CONTRACTS ON CONDITION THAT THE AUTOMATIC RENEWAL BE FOR NO MORE THAN ONE MONTH, THE AUTOMATIC RENEWAL PROVISION BE DISCLOSED IN BOLD TYPE OF AT LEAST TEN-POINT FONT ON THE FRONT PAGE OF THE INITIAL CONTRACT, AND THE CUSTOMER BE GIVEN THE ABILITY TO OPT OUT OF THE AUTOMATIC RENEWAL PROVISION AT THE TIME THE INITIAL CONTRACT IS EXECUTED, TO PROVIDE THAT THE PRICE OF AN AUTOMATICALLY RENEWED CONTRACT MAY NOT CHANGE WITHOUT WRITTEN NOTICE TO THE CUSTOMER AT LEAST THIRTY BUT NO MORE THAN SIXTY DAYS PRIOR TO THE EFFECTIVE DATE OF THE CHANGE IN PRICE, AND TO PROVIDE CANCELLATION OF A CONTRACT VOIDS AUTOMATIC RENEWAL PROVISIONS.
Ordered for consideration tomorrow.
Rep. HOWARD, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:
S. 1156 (Word version) -- Senator Cromer: A BILL TO AMEND SECTION 40-43-86, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO, AMONG OTHER THINGS, THE STAFFING REQUIREMENTS FOR PHARMACIES, SO AS TO INCREASE FROM THREE TO FOUR THE NUMBER OF TECHNICIANS THAT A PHARMACIST MAY SUPERVISE AND TO REQUIRE THAT IF A PHARMACIST SUPERVISES FOUR TECHNICIANS, TWO OF THE FOUR MUST BE STATE CERTIFIED.
Ordered for consideration tomorrow.
Rep. HOWARD, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:
H. 4928 (Word version) -- Reps. Jefferson, Lowe, Howard, G. M. Smith, Crawford, Cobb-Hunter, Alexander, Moss, Kennedy, Brantley, Williams, J. H. Neal, Clyburn, Hosey, Barfield, Breeland, Haskins, Hodges, Loftis, Miller, Allen, Jennings, R. Brown, Whipper, Knight, Erickson and Hart: A JOINT RESOLUTION TO ESTABLISH THE STROKE SYSTEMS OF CARE STUDY COMMITTEE TO DEVELOP RECOMMENDATIONS FOR A STATE STROKE SYSTEMS OF CARE COMPREHENSIVE SERVICE DELIVERY SYSTEM AND TO PROVIDE FOR THE MEMBERSHIP, DUTIES, AND RESPONSIBILITIES OF THE STUDY COMMITTEE.
Ordered for consideration tomorrow.
Rep. HOWARD, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report on:
S. 1022 (Word version) -- Senators Peeler, Setzler, Campbell and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 110 TO TITLE 59 SO AS TO ENACT THE "SOUTH CAROLINA CRITICAL NEEDS NURSING INITIATIVE ACT" INCLUDING PROVISIONS ESTABLISHING THE CRITICAL NEEDS NURSING INITIATIVE FUND, TO IMPROVE THE NUMBER OF QUALIFIED NURSES IN THIS STATE BY PROVIDING NURSING FACULTY SALARY ENHANCEMENTS, CREATING NEW FACULTY POSITIONS, PROVIDING FOR ADDITIONAL NURSING STUDENT SCHOLARSHIPS, LOANS, AND GRANTS, ESTABLISHING THE OFFICE FOR HEALTH CARE WORKFORCE RESEARCH TO ANALYZE HEALTH CARE WORKFORCE SUPPLY AND DEMAND, AND PROVIDING FOR THE USE OF SIMULATION TECHNOLOGY AND EQUIPMENT IN THE EDUCATION OF NURSES.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
S. 218 (Word version) -- Senator Courson: A BILL TO AMEND ARTICLE 5, CHAPTER 9, TITLE 25 OF THE 1976 CODE, RELATING TO THE EMERGENCY MANAGEMENT ASSISTANCE COMPACT, TO NAME THE COMPACT THE EMERGENCY MANAGEMENT ASSISTANCE COMPACT INSTEAD OF THE SOUTHERN REGIONAL EMERGENCY MANAGEMENT ASSISTANCE COMPACT; TO AMEND ARTICLE 4, CHAPTER 1, TITLE 25, RELATING TO THE EMERGENCY MANAGEMENT DIVISION, TO PROVIDE THAT THE EMERGENCY MANAGEMENT DIVISION IS RESPONSIBLE FOR IMPLEMENTING AN INCIDENT MANAGEMENT SYSTEM, AND TO PROVIDE THAT THE GOVERNOR SHALL DEVELOP AND COORDINATE AN EMERGENCY MANAGEMENT SYSTEM THAT INCLUDES CERTAIN PROVISIONS AND PROCEDURES.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
S. 503 (Word version) -- Senators Knotts, Ford and Scott: A BILL TO AMEND SECTION 22-5-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENDORSEMENT AND EXECUTION OF WARRANTS ISSUED IN OTHER COUNTIES OR BY MUNICIPAL AUTHORITIES, SO AS TO PROVIDE A WARRANT IS NOT REQUIRED TO BE ENDORSED BY A MAGISTRATE IN THE COUNTY WHERE A PERSON CHARGED WITH A CRIME RESIDES OR WHERE HE IS LOCATED, TO PROVIDE PROCEDURES FOR SERVING A WARRANT, AND TO MAKE CONFORMING CHANGES.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
S. 1159 (Word version) -- Senator Lourie: A BILL TO AMEND SECTION 61-4-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSFER OF BEER OR WINE FOR CONSUMPTION BY PERSONS UNDER THE AGE OF TWENTY-ONE, SO AS TO DELETE A REFERENCE IN ONE CODE SECTION FOR CLARIFICATION; TO AMEND SECTION 61-6-4070, RELATING TO THE TRANSFER OF ALCOHOLIC LIQUORS TO PERSONS UNDER THE AGE OF TWENTY-ONE, SO AS TO DELETE A REFERENCE IN ONE CODE SECTION FOR CLARIFICATION; AND TO AMEND SECTIONS 20-7-8920 AND 20-7-8925, RELATING TO UNDERAGE PURCHASE, CONSUMPTION, OR POSSESSION OF BEER, WINE, OR ALCOHOLIC LIQUORS, SO AS TO ALLOW ESTABLISHMENTS TO USE PERSONS UNDER THE AGE OF TWENTY-ONE TO TEST COMPLIANCE.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
S. 1122 (Word version) -- Senator Hutto: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-515 SO AS TO PERMIT AMERICAN INDIAN ARTISTS WHO ARE MEMBERS OF A TRIBE RECOGNIZED BY THE SOUTH CAROLINA COMMISSION FOR MINORITY AFFAIRS TO ADVERTISE AND SELL THEIR ARTS AND CRAFTS CONTAINING WILD TURKEY FEATHERS UNDER CERTAIN CONDITIONS.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
S. 955 (Word version) -- Senators Hayes and Gregory: A BILL TO AMEND SECTION 1-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION AND BOUNDARIES OF THE STATE, SO AS TO REVISE A PORTION OF THE BOUNDARIES BETWEEN NORTH CAROLINA AND SOUTH CAROLINA, AND GEORGIA AND SOUTH CAROLINA.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
S. 577 (Word version) -- Senator Sheheen: A BILL TO AMEND SECTION 22-3-560, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURISDICTION AND PROCEDURE IN MAGISTRATES' COURTS, SO AS TO PROVIDE THAT A MAGISTRATE MAY PUNISH BY FINE NOT EXCEEDING ONE THOUSAND DOLLARS OR IMPRISONMENT FOR A TERM NOT EXCEEDING SIXTY DAYS, OR BOTH, ALL ASSAULTS AND BATTERIES AGAINST SPORTS OFFICIALS AND COACHES.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
S. 1011 (Word version) -- Senators Jackson, Leatherman, Patterson, Ford, Hutto, Short, Fair, Matthews, Elliott, Setzler, Lourie, Campbell, Williams, Reese, Hayes and Anderson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-25 SO AS TO ESTABLISH THE JOINT CITIZENS AND LEGISLATIVE COMMITTEE ON CHILDREN, TO PROVIDE FOR ITS MEMBERSHIP, POWERS, AND DUTIES, AND TO DIRECT THE COMMITTEE TO STUDY ISSUES RELATING TO CHILDREN AS IT MAY UNDERTAKE OR AS DIRECTED OR REQUESTED BY THE GENERAL ASSEMBLY.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
S. 181 (Word version) -- Senators Fair, Richardson and Hayes: A BILL TO AMEND SECTIONS 24-13-210 AND 24-13-230, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GOOD BEHAVIOR, WORK, AND ACADEMIC CREDITS, SO AS TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO DEVELOP POLICIES, PROCEDURES, AND GUIDELINES TO ALLOW CERTAIN PRISONERS TO RECEIVE A REDUCTION IN THEIR SENTENCES AND TO REVISE THE MAXIMUM AMOUNT OF TIME THAT MAY BE REDUCED FROM A SENTENCE; TO AMEND SECTION 24-27-200, RELATING TO THE FORFEITURE OF WORK, EDUCATION, OR GOOD CONDUCT CREDITS, SO AS TO PROVIDE THAT A REDUCTION IN THESE CREDITS MAY BE IMPLEMENTED PURSUANT TO AN ADMINISTRATIVE LAW JUDGE'S RECOMMENDATION; AND TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT CERTAIN ARCHITECTURAL PLANS, DRAWINGS, OR SCHEMATICS OR LAW ENFORCEMENT POLICIES WHOSE DISCLOSURE WOULD REASONABLY BE USED TO FACILITATE AN ESCAPE FROM LAWFUL CUSTODY MAY BE EXEMPT FROM DISCLOSURE.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
S. 110 (Word version) -- Senators Thomas, Elliott, Knotts and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY DESIGNATING THE EXISTING SECTIONS OF CHAPTER 22, TITLE 17 AS ARTICLE 1 AND BY ADDING ARTICLE 3 SO AS TO ENACT THE "UNIFORM EXPUNGEMENT OF CRIMINAL RECORDS ACT", TO PROVIDE A PROCEDURE WHICH MUST BE FOLLOWED REGARDING APPLICATIONS FOR EXPUNGEMENT OF ALL CRIMINAL RECORDS, AND TO AUTHORIZE EACH SOLICITOR'S OFFICE IN THE STATE TO ADMINISTER THE PROCEDURE.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
S. 833 (Word version) -- Senator Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-1-45 SO AS TO PROHIBIT THE TETHERING, FASTENING, CHAINING, TYING, OR RESTRAINING A DOG TO A STATIONARY OBJECT FOR MORE THAN THREE HOURS A DAY OR FOR MORE THAN SIX HOURS A DAY ON A TROLLEY SYSTEM; TO PROVIDE CLASS I MISDEMEANOR CRIMINAL PENALTIES; AND TO AUTHORIZE LOCAL GOVERNMENT BY ORDINANCE TO VARY THESE REGULATIONS.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
S. 88 (Word version) -- Senators Campsen, Sheheen and Knotts: A BILL TO AMEND SECTIONS 14-1-207 AND 14-1-208, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ASSESSMENTS ON MAGISTRATES COURT OFFENSES AND MUNICIPAL COURT OFFENSES, RESPECTIVELY, SO AS TO PROVIDE THESE ASSESSMENTS MAY NOT BE IMPOSED ON MISDEMEANOR TRAFFIC VIOLATIONS INCLUDING PROHIBITED AREA PARKING VIOLATIONS AND VIOLATIONS FOR PARKING IN PLACES CLEARLY DESIGNATED FOR HANDICAPPED PERSONS; AND TO AMEND SECTION 14-1-211, AS AMENDED, RELATING TO SURCHARGES ON GENERAL SESSIONS, MAGISTRATES, AND MUNICIPAL COURT OFFENSES, SO AS TO FURTHER PROVIDE THAT MISDEMEANOR TRAFFIC VIOLATIONS EXEMPTED FROM THE SURCHARGE INCLUDE PROHIBITED AREA PARKING VIOLATIONS AND VIOLATIONS FOR PARKING IN PLACES CLEARLY DESIGNATED FOR HANDICAPPED PERSONS.
Ordered for consideration tomorrow.
The following was introduced:
H. 5183 (Word version) -- Reps. Merrill, Umphlett, Daning, Jefferson, Limehouse, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A HOUSE RESOLUTION TO COMMEND THE HONORABLE THOMAS M. "TOM" DANTZLER OF BERKELEY COUNTY FOR HIS FOURTEEN YEARS OF COMMITTED SERVICE AS A MEMBER OF THE HOUSE OF REPRESENTATIVES, AND TO WISH HIM ALL THE BEST IN THE YEARS TO COME.
Whereas, the Honorable Thomas M. "Tom" Dantzler of Berkeley County for fourteen years has loyally and capably represented the citizens of House District 117, Berkeley and Charleston counties, in the House of Representatives of this great State; and
Whereas, Tom Dantzler, who graduated from the University of Georgia as a veterinarian, declares that, of all his accomplishments during his years as a legislator, he is proudest, and rightly so, of the role he played in helping to reform the state's veterinary guidelines, as well as his work in reforming auto insurance; and
Whereas, prior to his election to the South Carolina House of Representatives, Tom Dantzler served his country in the United States Air Force for two years, from 1965 to 1967. He also rendered service to the Berkeley County Council as a member from 1979 to 1981; and
Whereas, devoted husband of the former Barbara Jean Suggs and proud father of Tommy, Hal, John, Tammy, and the late Laura, this Orangeburg County native is blessed by the strong support of his family; and
Whereas, understanding that our friend Tom Dantzler and his wife plan to do some traveling in their motor home to see those parts of the United States they have not yet visited, the members of the House wishes them both many safe and wonderful trips; and
Whereas, the House of Representatives knows that Tom Dantzler will look to new challenges with the same characteristic energy he has given to his legislative duties, and the members wish him much enjoyment in the different and more relaxing duties retirement holds. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the South Carolina House of Representatives, by this resolution, commend the Honorable Thomas M. "Tom" Dantzler of Berkeley County for his fourteen years of committed service as a member of the House of Representatives and wish him all the best in the years to come.
Be it further resolved that a copy of this resolution be presented to our distinguished colleague, the Honorable Thomas M. Dantzler.
The Resolution was adopted.
On motion of Rep. BRANHAM, with unanimous consent, the following was taken up for immediate consideration:
H. 5184 (Word version) -- Reps. Branham, Alexander, Williams, Lowe and Crawford: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE JOHNSONVILLE HIGH SCHOOL GIRLS TRACK TEAM OF FLORENCE COUNTY WITH THEIR COACHES AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND COMMENDED FOR CAPTURING THE 2008 SOUTH CAROLINA CLASS A STATE CHAMPIONSHIP TITLE.
Be it resolved by the House of Representatives:
That the privilege of the floor of the South Carolina House of Representatives be extended to the Johnsonville High School girls track team of Florence County with their coaches and school officials, at a date and time to be determined by the Speaker, for the purpose of being recognized and commended for capturing the 2008 Class A State Championship title.
The Resolution was adopted.
The following was introduced:
H. 5185 (Word version) -- Reps. Branham, Lowe, Crawford, Alexander and Williams: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE JOHNSONVILLE HIGH SCHOOL GIRLS TRACK TEAM OF FLORENCE COUNTY FOR A SUCCESSFUL SEASON, AND TO CONGRATULATE THEM FOR CAPTURING THE 2008 CLASS A STATE CHAMPIONSHIP TITLE.
The Resolution was adopted.
The following was introduced:
H. 5186 (Word version) -- Reps. G. M. Smith, Weeks and G. Brown: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 261 IN SUMTER COUNTY FROM ITS INTERSECTION WITH UNITED STATES HIGHWAY 76/378 TO THE SUMTER/KERSHAW COUNTY LINE THE "MAJOR GENERAL GEORGE L. MABRY, JR., CONGRESSIONAL MEDAL OF HONOR RECIPIENT MEMORIAL HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "MAJOR GENERAL GEORGE L. MABRY, JR., CONGRESSIONAL MEDAL OF HONOR RECIPIENT MEMORIAL HIGHWAY".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 5187 (Word version) -- Rep. Toole: A CONCURRENT RESOLUTION TO CONGRATULATE DEREK ALLAN COTHRAN OF LEXINGTON COUNTY FOR ACHIEVING THE ELITE RANK OF EAGLE SCOUT, AND TO WISH HIM EVERY SUCCESS IN ALL HIS FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5188 (Word version) -- Rep. Toole: A CONCURRENT RESOLUTION TO CONGRATULATE ANDERSON ELMS CULVERN OF LEXINGTON COUNTY FOR ACHIEVING THE ELITE RANK OF EAGLE SCOUT AND TO WISH HIM EVERY SUCCESS IN ALL HIS FUTURE ENDEAVORS.
Whereas, having proved himself worthy, Anderson Elms Culvern of Lexington County has achieved the rank of Eagle Scout, an award granted to only about five percent of all Boy Scouts; and
Whereas, Anderson, son of Christopher and Kathryn Culvern and a student at Lexington High School, was born August 23, 1992, and is a member of Boy Scout Troop 331 (Indian Waters Council); and
Whereas, for his Eagle Scout service project, Anderson built and installed picnic tables, benches, and trash receptacles, and also landscaped and cleaned the area at the youth volleyball court of Mt. Hebron United Methodist Church, where he is a member; and
Whereas, the General Assembly commends Anderson for this fine achievement, of which he may be justly proud. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the South Carolina General Assembly, by this resolution, congratulate Anderson Elms Culvern of Lexington County for achieving the elite rank of Eagle Scout and wish him every success in all his future endeavors.
Be it further resolved that a copy of this resolution be forwarded to Anderson Elms Culvern.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5189 (Word version) -- Reps. Jefferson and Williams: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR MADELIN J. GIBSON-GUY OF BERKELEY COUNTY FOR HER SERVICE THROUGHOUT THIRTY-SIX YEARS AS AN EDUCATOR AND TO CONGRATULATE HER UPON THE OCCASION OF HER RETIREMENT AS PRINCIPAL OF BERKELEY INTERMEDIATE SCHOOL.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5190 (Word version) -- Rep. Hayes: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND DR. JULIE S. VON FRANK OF FLORENCE COUNTY FOR HER SERVICE THROUGHOUT THIRTY-FOUR YEARS AS AN EDUCATOR UPON THE OCCASION OF HER RETIREMENT AND TO WISH HER SUCCESS AND HAPPINESS IN ALL HER FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bill and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 5191 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF PHYSICAL THERAPY EXAMINERS, RELATING TO ESTABLISHING FEES, GUIDELINES FOR CONTINUING EDUCATION, AND REQUIREMENTS FOR LICENSURE AS A PHYSICAL THERAPIST AND PHYSICAL THERAPIST ASSISTANT, DESIGNATED AS REGULATION DOCUMENT NUMBER 3202, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
S. 1376 (Word version) -- Senators Hayes, Peeler, Gregory and Short: A BILL TO AMEND SECTION 7-7-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN YORK COUNTY, SO AS TO REVISE AND ADD CERTAIN VOTING PRECINCTS OF YORK COUNTY, AND TO REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
On motion of Rep. KIRSH, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
Rep. SCARBOROUGH moved that the House do now adjourn, which was agreed to.
Rep. J. R. SMITH moved to reconsider the vote whereby the Veto on R. 244, H. 3084 (Word version) was sustained and the motion was noted.
The Senate returned to the House with concurrence the following:
H. 5155 (Word version) -- Rep. Ott: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE CALHOUN ACADEMY VARSITY BASEBALL TEAM FOR A SUCCESSFUL SEASON, AND TO CONGRATULATE THE PLAYERS AND COACHES FOR CAPTURING THE 2008 SOUTH CAROLINA INDEPENDENT SCHOOL ATHLETIC ASSOCIATION CLASS AA STATE CHAMPIONSHIP TITLE.
H. 5163 (Word version) -- Reps. Scott, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Daning, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR MRS. CASSIE KEITT WEEKS UPON THE OCCASION OF HER CENTENNIAL BIRTHDAY AND TO WISH HER MUCH HEALTH AND HAPPINESS.
H. 5171 (Word version) -- Rep. Toole: A CONCURRENT RESOLUTION TO CONGRATULATE RYAN THADDEUS BRISTOW OF LEXINGTON COUNTY FOR ACHIEVING THE ELITE RANK OF EAGLE SCOUT AND TO WISH HIM EVERY SUCCESS IN ALL HIS FUTURE ENDEAVORS.
H. 5182 (Word version) -- Reps. Jefferson and Kennedy: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND IOLA PRINGLE WILLIAMS OF BERKELEY COUNTY FOR THE VITAL ROLE SHE CONTINUES TO HAVE ON THE PRINGLETOWN COMMUNITY AND TO WISH HER WELL UPON THE OCCASION OF HER EIGHTY-EIGHTH BIRTHDAY.
At 5:53 p.m. the House, in accordance with the motion of Rep. FUNDERBURK, adjourned in memory of J. W. Parker, Jr., of Camden, to meet at 10:00 a.m. tomorrow.
This web page was last updated on Monday, June 22, 2009 at 12:03 P.M.