Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 A.M.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

O God our Father, Whose understanding is without limit and Whose blessings know no end, cause us to see You always as the foundation and security in which we live. You know our secret shortcomings; help us to overcome them. You know our secret burdens; help us to carry them. You know our secret fears; help us to find faith to put these fears aside and out of our lives.

Be near to us when we pray and remain with us wherever our paths lead us.

To an all-knowing God we make our prayer. Amen.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

The following Joint Resolution was taken up, read the second time, and ordered to a third reading:

H. 4979 -- Reps. Kinon and Harwell: A JOINT RESOLUTION TO PROVIDE FOR THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR THE FISCAL YEAR BEGINNING JULY 1, 1994, AND ENDING JUNE 30, 1995.

The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate.

H. 3964 -- Rep. Baxley: A BILL TO AMEND SECTION 56-3-840, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DELINQUENT MOTOR VEHICLE REGISTRATION AND LICENSE PENALTIES, SO AS TO PROVIDE THAT NO DELINQUENCY PENALTY MAY BE CHARGED A VEHICLE OWNER WHO ON OR BEFORE THE REQUIRED RENEWAL DATE TURNS INTO THE DEPARTMENT THE LICENSE PLATE ON THE VEHICLE BUT WHO AFTER THE REQUIRED RENEWAL DATE DECIDES TO RENEW THE VEHICLE'S REGISTRATION AND LICENSING.

H. 4630 -- Reps. Kirsh, G. Bailey, Boan, J. Brown, Harwell and Waldrop: A BILL TO AMEND SECTION 40-43-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF PHARMACY, SO AS TO PROVIDE THAT THREE NOMINEES FOR EACH CONGRESSIONAL DISTRICT APPOINTMENT TO THE BOARD MUST BE ELECTED BY PHARMACISTS RESIDING IN THAT DISTRICT FOR CONSIDERATION BY THE GOVERNOR FOR APPOINTMENT; TO AMEND SECTION 40-43-420, RELATING TO PHARMACY FEES, SO AS TO PROVIDE THAT THESE FEES MUST BE SET IN REGULATION; TO PROVIDE THAT CERTAIN FEES ARE IN EFFECT UNTIL THEY ARE SET IN REGULATION; TO REPEAL SECTION 40-43-480, RELATING TO FUNDING IN THE 1986 APPROPRIATIONS ACT; AND TO REAUTHORIZE THE STATE BOARD OF PHARMACY FOR SIX YEARS.

H. 4749 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION, RELATING TO LIABILITY INSURANCE FOR MOTOR CARRIERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1700, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4754 -- Reps. Baker, G. Bailey and T.C. Alexander: A JOINT RESOLUTION TO PROVIDE THAT THE REQUIREMENT IN SECTION 40-79-140 OF THE 1976 CODE OF LAWS MANDATING APPLICANTS FOR AN ALARM SYSTEM BUSINESS LICENSE TO PROVIDE EVIDENCE OF COMPLETION OF THE "NATIONAL INSTITUTE FOR CERTIFICATION IN ENGINEERING TECHNOLOGIES (NICET) LEVEL III FIRE ALARM SYSTEMS ENGINEERING TECHNICIAN'S COMPETENCY TEST" IS SUSPENDED AND SHALL NOT BE ENFORCED FOR A PERIOD OF ONE HUNDRED EIGHTY DAYS.

H. 4631 -- Reps. Kirsh, G. Bailey, Boan, J. Brown, Harwell and Waldrop: A BILL TO AMEND SECTION 40-51-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXAMINATIONS TO PRACTICE PODIATRIC MEDICINE, SO AS TO REQUIRE THE BOARD TO OFFER THEM TWICE ANNUALLY; TO AMEND SECTION 40-51-110, RELATING TO RECIPROCITY, SO AS TO PROVIDE FOR LICENSURE BY ENDORSEMENT; TO AMEND SECTION 40-51-130, RELATING TO RECORDING OF LICENSE WITH COUNTY CLERK OF COURT, SO AS TO DELETE THIS REQUIREMENT; TO AMEND SECTION 40-51-160, RELATING TO DISCIPLINARY ACTION BY THE BOARD, SO AS TO AUTHORIZE THE BOARD TO REQUIRE MENTAL OR PHYSICAL EXAMINATIONS AND ACCESS TO RECORDS AND TO USE THEM IN PROCEEDINGS AND TO PROVIDE PENALTIES FOR REFUSAL TO CONSENT TO THESE EXAMINATIONS AND ACCESS TO RECORDS; TO AMEND SECTION 44-7-70, RELATING TO REPORTS BY THE STATE BOARD OF MEDICAL EXAMINERS CONCERNING DISCIPLINARY ACTION AGAINST PHYSICIANS, SO AS TO REQUIRE SUCH REPORTS ON PODIATRISTS; TO REPEAL SECTION 40-51-150, RELATING TO GROUNDS FOR REVOCATION OF LICENSES; AND TO REAUTHORIZE THE BOARD OF PODIATRY EXAMINERS FOR SIX YEARS.

H. 4775 -- Rep. Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4, CHAPTER 7, TITLE 44 SO AS TO ENACT THE HEALTH CARE COOPERATION ACT, WHICH PROVIDES FOR HEALTH CARE COOPERATIVE AGREEMENTS AND FOR THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO CERTIFY, REGULATE, AND MONITOR THESE AGREEMENTS.

H. 4779 -- Reps. Harrelson, Cobb-Hunter, Inabinett, McTeer and Rhoad: A BILL TO ESTABLISH THE REGISTRATION AND ELECTIONS COMMISSION FOR COLLETON COUNTY, TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD FOR COLLETON COUNTY AND DEVOLVE THE POWERS AND DUTIES OF THE COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD UPON THE REGISTRATION AND ELECTIONS COMMISSION, AND TO PROVIDE THAT THE CURRENT MEMBERS OF THE COLLETON COUNTY ELECTION COMMISSION AND THE COLLETON COUNTY REGISTRATION BOARD SHALL ACT AS THE GOVERNING COMMISSION OF THE NEW COLLETON COUNTY REGISTRATION AND ELECTIONS COMMISSION UNTIL THE MEMBERS OF THE NEW COMMISSION APPOINTED AS PROVIDED BY THIS ACT TAKE OFFICE, AT WHICH TIME THE TERMS OF THE FORMER COMMISSIONERS OF ELECTION AND REGISTRATION BOARD MEMBERS SHALL EXPIRE.

H. 4791 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO THE OPERATION OF PUBLIC PUPIL TRANSPORTATION SERVICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1636, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4659 -- Reps. Hodges, Gonzales, Cromer and Delleney: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-1-205 SO AS TO PROVIDE THAT ALL COSTS, FEES, FINES, PENALTIES, FORFEITURES, AND OTHER REVENUE GENERATED BY THE CIRCUIT COURTS AND FAMILY COURTS MUST BE REMITTED 56 PERCENT TO THE COUNTY AND 44 PERCENT TO THE STATE AND TO PROVIDE EXCEPTIONS; BY ADDING SECTION 14-1-206 SO AS TO PROVIDE AN ASSESSMENT EQUAL TO 62 PERCENT OF A CRIMINAL FINE IMPOSED IN GENERAL SESSIONS AND FAMILY COURT AND TO PROVIDE FOR THE COLLECTION AND DISTRIBUTION OF THE ASSESSMENT; BY ADDING SECTION 14-1-207 SO AS TO PROVIDE AN ASSESSMENT EQUAL TO 88 PERCENT OF A CRIMINAL FINE IMPOSED IN MAGISTRATES' COURT AND TO PROVIDE FOR THE COLLECTION AND DISTRIBUTION OF THE ASSESSMENT; BY ADDING SECTION 14-1-208 SO AS TO PROVIDE AN ASSESSMENT EQUAL TO 68 PERCENT OF A CRIMINAL FINE IMPOSED IN MUNICIPAL COURT AND TO PROVIDE FOR THE COLLECTION AND DISTRIBUTION OF THE ASSESSMENT; BY ADDING SECTION 11-5-175 SO AS TO REQUIRE THE STATE TREASURER TO PROVIDE A QUARTERLY REPORT TO EACH DEPARTMENT OR AGENCY THAT RECEIVES MONEY COLLECTED PURSUANT TO SECTIONS 14-1-205, 14-1-206, 14-1-207, AND 14-1-208; AND BY ADDING SECTION 11-7-25 SO AS TO REQUIRE THE STATE AUDITOR TO EXAMINE THE BOOKS AND RECORDS OF THE CLERKS OF COURT, MAGISTRATES, AND MUNICIPAL COURTS FOR COMPLIANCE WITH SECTIONS 14-1-205, 14-1-206, 14-1-207, AND 14-1-208; TO AMEND SECTION 8-21-310, AS AMENDED, RELATING TO FEES AND COSTS GENERALLY, SO AS TO DELETE THE REQUIREMENT OF DIVIDING THE FIFTY-FIVE DOLLAR FILING FEES; TO AMEND SECTION 14-17-725, RELATING TO COLLECTION COST FOR FINES PAID ON INSTALLMENTS, SO AS TO PROVIDE FOR COLLECTING COST FOR ASSESSMENTS PAID ON INSTALLMENTS; TO AMEND SECTION 16-23-50, AS AMENDED, RELATING TO PENALTIES FOR CERTAIN WEAPONS VIOLATIONS, SO AS TO DELETE REMITTANCE OF THE FINE TO MUNICIPALITIES; TO AMEND SECTION 22-3-545, RELATING TO THE TRANSFER OF CERTAIN CRIMINAL CASES FROM GENERAL SESSIONS, SO AS TO PROVIDE FOR THE DISTRIBUTION OF MONEY COLLECTED PURSUANT TO SECTION 14-1-205; TO AMEND SECTION 44-53-310, RELATING TO CIVIL FINES FOR VIOLATION OF REGISTRATION OF CONTROLLED SUBSTANCES, SO AS TO PROVIDE THAT FINES MUST BE REMITTED TO THE STATE TREASURER FOR DEPOSIT AND BENEFIT OF THE DEPARTMENT OF MENTAL HEALTH FOR ITS DRUG ADDICTION TREATMENT FACILITIES; TO AMEND SECTION 44-53-370, AS AMENDED, RELATING TO THE POSSESSION OF CERTAIN CONTROLLED SUBSTANCES, SO AS TO REVISE THE DISTRIBUTION OF FINES AND FORFEITURES; TO AMEND SECTION 48-1-350, RELATING TO DISPOSITION OF PENALTIES COLLECTED FOR VIOLATION OF THE POLLUTION CONTROL ACT, SO AS TO REVISE DISPOSITION OF CIVIL AND CRIMINAL PENALTIES; TO AMEND SECTION 56-1-190, RELATING TO HAVING A DRIVER'S LICENSE IN POSSESSION, SO AS TO DELETE PROVISIONS ALLOWING REDUCTION OF COURT COSTS; TO AMEND SECTION 56-3-1971, AS AMENDED, RELATING TO HANDICAP PARKING VIOLATIONS, SO AS TO DELETE THE FIVE DOLLAR ASSESSMENT; TO AMEND SECTION 56-5-1520, AS AMENDED, RELATING TO FINES FOR SPEEDING, SO AS TO DELETE THE ALLOCATION OF A PORTION OF THE FINE TO THE GENERAL FUND; TO AMEND SECTION 56-5-2940, AS AMENDED, RELATING TO PENALTIES FOR DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUORS OR NARCOTIC DRUGS, SO AS TO DELETE REMITTANCE OF A PORTION OF THE FINE TO THE STATE OFFICE OF VICTIM ASSISTANCE; AND TO AMEND SECTION 56-5-2950, AS AMENDED, RELATING TO IMPLIED CONSENT TO CHEMICAL TESTS OF BREATH, BLOOD, AND URINE, SO AS TO DELETE THE FIFTY DOLLAR FEE; TO REPEAL SECTIONS 14-1-210 RELATING TO THE ESTABLISHMENT OF COST OF COURT FEE TO FUND CERTAIN PROGRAMS; 14-1-212 RELATING TO THE IMPOSITION OF AN ADDITIONAL FEE IN GENERAL SESSIONS COURT; 14-1-213 RELATING TO FEES FOR CERTAIN DEFENSE OF INDIGENTS; 16-11-700(E)(6) RELATING TO ASSESSMENTS FOR LITTER VIOLATIONS; 20-7-1510 RELATING TO THE DISPOSITION OF FINES, FORFEITURES, AND OTHER REVENUES; 24-23-210 RELATING TO FEES ASSESSED ON PERSONS CONVICTED OF CRIMINAL OFFENSES FOR THE PURPOSE OF DEFRAYING THE COSTS OF COMMUNITY CORRECTIONS PROGRAMS; 44-53-580 RELATING TO THE DISPOSITION OF FINES; 56-1-725 RELATING TO TRAFFIC POINTS ASSESSMENT; 61-13-480 AND 61-13-490 BOTH RELATING TO DISTRIBUTION OF CERTAIN FINES AND ASSESSMENTS.

H. 3435 -- Rep. G. Bailey: A BILL TO AMEND SECTION 40-79-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "BURGLAR ALARM SYSTEM BUSINESS" AND ACTIVITIES WHICH ARE NOT CONSIDERED WITHIN THE MEANING OF THIS DEFINITION, SO AS TO REVISE THIS DEFINITION AND CERTAIN EXCEPTIONS TO IT; TO AMEND SECTION 40-79-50, AS AMENDED, RELATING TO LICENSING OF PERSONS TO ENGAGE IN AN ALARM SYSTEM BUSINESS, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THE LICENSING BOARD FOR CONTRACTORS MAY DENY A LICENSE APPLICATION; AND TO AMEND SECTION 40-79-140, AS AMENDED, RELATING TO STANDARDS AN APPLICANT MUST MEET TO QUALIFY FOR AN ALARM SYSTEM BUSINESS LICENSE, SO AS TO REVISE CERTAIN OF THESE STANDARDS.

H. 3977 -- Rep. Meacham: A BILL TO ESTABLISH WITHIN THE SOUTH CAROLINA DEPARTMENT OF INSURANCE AN INSURANCE FRAUD BUREAU, PROVIDE FOR THE POWERS AND DUTIES OF THE BUREAU, AND PROVIDE FOR RELATED MATTERS, INCLUDING A PROVISION THAT A PERSON CONVICTED FOR THE VIOLATION OF ANY LAW CONCERNING INSURANCE FRAUD, FOLLOWING THE INVESTIGATION AND REFERRAL FOR PROSECUTION BY THE BUREAU, SHALL BE ORDERED TO MAKE RESTITUTION FOR FINANCIAL LOSS SUSTAINED AS A RESULT OF THAT VIOLATION.

H. 4491 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: A BILL TO AMEND SECTION 38-27-520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURERS REHABILITATION AND LIQUIDATION, FORMAL PROCEEDINGS, AND THE RECOVERY OF PREMIUMS OWED, SO AS TO DELETE CERTAIN LANGUAGE, PROVIDE THAT AN AGENT, BROKER, PREMIUM FINANCE COMPANY, OR ANY OTHER PERSON, OTHER THAN THE INSURED, RESPONSIBLE FOR THE PAYMENT OF A PREMIUM IS OBLIGATED TO PAY ANY UNPAID COLLECTED PREMIUM HELD BY SUCH PERSON AT THE TIME OF THE DECLARATION OF INSOLVENCY, WHETHER EARNED OR UNEARNED, AND ANY UNPAID EARNED PREMIUM, ALL AS SHOWN ON THE RECORDS OF THE INSURER, AND PROVIDE THAT AN AGENT, BROKER, PREMIUM FINANCE COMPANY, OR ANY OTHER PERSON HAS NO OBLIGATION TO PAY AN UNCOLLECTED UNPAID UNEARNED PREMIUM TO THE LIQUIDATOR.

H. 4497 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: A BILL TO AMEND SECTION 38-77-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "AUTOMOBILE INSURANCE", SO AS TO DELETE CERTAIN LANGUAGE AND PROVIDE THAT AN AUTOMOBILE INSURANCE POLICY INCLUDES A MOTOR VEHICLE LIABILITY POLICY DEFINED IN SECTION 56-9-20 AND ANY NAMED NONOWNER AUTOMOBILE INSURANCE POLICY.

H. 4591 -- Reps. A. Young, Sharpe, Wofford, G. Bailey, Cato, Davenport, Allison, Robinson, Meacham, Witherspoon, Vaughn, Gamble, Sturkie, Haskins, Riser, Fair, Thomas, Klauber and Koon: A BILL TO AMEND ACT 582 OF 1990, RELATING TO, AMONG OTHER THINGS, THE APPLICATION OF ABOVEGROUND STORAGE PROVISIONS REGARDING PETROLEUM PRODUCTS, SO AS TO PROVIDE THAT, FOR THE PURPOSES OF CERTAIN PROVISIONS OF LAW, THE TERM "SERVICE STATION" DOES NOT INCLUDE ANY UTILITY STORAGE TANK FACILITIES WHICH SERVICE UTILITY OPERATIONS, INCLUDING VEHICLES, LOCOMOTIVES, OR EQUIPMENT.

The following Bills were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.

S. 516 -- Senator Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-700 SO AS TO DESIGNATE THE SQUARE DANCE AS THE OFFICIAL AMERICAN FOLK DANCE OF THE STATE.

S. 505 -- Senator Rose: A BILL TO AMEND ARTICLE 3, CHAPTER 5, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-5-130 SO AS TO PROVIDE FOR THE AUTHORITY OF A COUNTY CORONER TO AUTHORIZE REMOVAL OF A DEAD BODY WHEN A COUNTY DOES NOT HAVE A MEDICAL EXAMINER COMMISSION; AND TO AMEND SECTION 17-5-300, RELATING TO UNAUTHORIZED REMOVAL OF A DEAD BODY, SO AS TO PROVIDE THAT THE AUTHORIZATION FOR THE REMOVAL OF A BODY MUST BE OBTAINED FROM A COUNTY CORONER WHEN A COUNTY DOES NOT HAVE A MEDICAL EXAMINER COMMISSION.

The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.

S. 926 -- Senators Giese, Passailaigue, Glover, Elliott, Hayes, Holland, Lander, Mitchell, O'Dell, Reese, Russell, Short, Stilwell, Waldrep, Washington, Wilson, Rose, Leventis and Martin: A BILL TO AMEND CHAPTER 36, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3, RELATING TO THE ALZHEIMER'S DISEASE REGISTRY, SO AS TO CREATE THE ALZHEIMER'S DISEASE AND RELATED DISORDERS RESOURCE COORDINATION CENTER IN THE OFFICE OF THE GOVERNOR, DIVISION ON AGING AND TO PROVIDE FOR ITS DUTIES AND AN ADVISORY COUNCIL; TO RENAME CHAPTER 36, TITLE 44; AND TO DESIGNATE SECTIONS 44-36-10 THROUGH 44-36-30 AS ARTICLE 1 OF CHAPTER 36, TITLE 44; AND TO DIRECT THE CODE COMMISSIONER TO CHANGE A REFERENCE TO CONFORM TO THE GOVERNMENT RESTRUCTURING ACT OF 1993.

At 11:00 A.M. the House in accordance with the ruling of the SPEAKER adjourned to meet at 12:00 Noon, Tuesday, March 29.

This web page was last updated on Monday, June 29, 2009 at 3:34 P.M.