Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 a.m.
Deliberations were opened with prayer as follows:
Our Father God, Who knows every secret of our hearts - all that we fear and all for which we hope - draw near to us in these moments of prayer and remain close to us throughout this day. Compel us to be fair and just in all our dealings. Make our motives above suspicion. Cause us to make our word our bond. Let us be kind in our criticism of others and slow to judge, knowing that some day we will be judged by Him to Whom all hearts are open and from Whom no secrets are hidden. So be with us this day and every day as we travel the journey of life. Amen.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate:
H. 4154 (Word version) -- Rep. Campsen: A BILL TO ENACT THE SOUTH CAROLINA ESTATES AND PROBATE REFORM ACT; TO AMEND SUBARTICLE 5, ARTICLE 3, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM GIFTS TO MINORS ACT, SO AS TO DESIGNATE SUBARTICLE 5 AS THE "UNIFORM TRANSFERS TO MINORS ACT", TO CHANGE THE AGE OF DISTRIBUTION TO TWENTY-ONE YEARS, INCLUDE BOTH GRATUITOUS TRANSFERS AND TRANSFERS FOR CONSIDERATION TRANSFERS AND BOTH LIFETIME TRANSFERS AND TRANSFERS FROM TRUSTS, ESTATES, AND GUARDIANSHIPS, AND LIMIT THE MINOR'S LIABILITY TO THIRD PARTIES TO CASES OF PERSONAL FAULT; TO AMEND SECTION 62-5-501, AS AMENDED, RELATING TO THE DURABLE POWER OF ATTORNEY, SO AS TO PROVIDE FOR REASONABLE COMPENSATION FOR AN ATTORNEY-IN-FACT ACTING PURSUANT TO A DURABLE POWER OF ATTORNEY, AND TO PROVIDE FOR PROTECTION
H. 4740 (Word version) -- Reps. Harrison and Wilkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9, CHAPTER 21, TITLE 5 SO AS TO ENACT THE "MUNICIPAL FINANCE OVERSIGHT ACT OF 2002" TO CREATE THE MUNICIPAL FINANCE OVERSIGHT COMMISSION AND AN EXECUTIVE COMMITTEE OF THE COMMISSION, PROVIDE FOR THEIR COMPOSITION, POWERS, DUTIES, AND RESPONSIBILITIES, REQUIRE MUNICIPALITIES TO SUBMIT ANNUAL FINANCIAL REPORTS AND ANNUAL AUDITS, PROVIDE FOR SANCTIONS AGAINST MUNICIPALITIES THAT
H. 4683 (Word version) -- Reps. Campsen and Barfield: A BILL TO ENACT THE SOUTH CAROLINA STUDENT-LED MESSAGE ACT; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-441 SO AS TO AUTHORIZE THE GOVERNING BODY OF A SCHOOL BOARD OR SCHOOL DISTRICT TO ADOPT A POLICY THAT PERMITS THE USE OF A BRIEF OPENING OR CLOSING MESSAGE BY A STUDENT AT A HIGH SCHOOL GRADUATION EXERCISE AND TO PROVIDE THE CONDITIONS UNDER WHICH THIS MESSAGE MAY BE DELIVERED; AND BY ADDING SECTION 59-1-442 SO AS TO AUTHORIZE THE GOVERNING BODY OF A SCHOOL BOARD OR SCHOOL DISTRICT TO ADOPT A POLICY THAT PERMITS THE USE OF A BRIEF OPENING OR CLOSING MESSAGE BY A STUDENT AT A HIGH SCHOOL ATHLETIC OR OTHER EVENT AND TO PROVIDE THE CONDITIONS UNDER WHICH THIS MESSAGE MAY BE DELIVERED.
H. 4514 (Word version) -- Reps. McGee, Knotts, Bingham, Coates, Koon, Lourie and Whatley: A BILL TO AMEND SECTION 23-6-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTIFICATION OF LAW ENFORCEMENT OFFICERS, SO AS TO PROVIDE THAT IN ADDITION TO EXCEPTIONS TO THE ONE-YEAR RULE PROVIDED IN THIS SECTION, THE PERIOD OF TIME WITHIN WHICH A CANDIDATE MUST OBTAIN THE CERTIFICATION REQUIRED TO BECOME A LAW ENFORCEMENT OFFICER IS AUTOMATICALLY EXTENDED FOR AN ADDITIONAL PERIOD EQUAL TO THE TIME THE CANDIDATE PERFORMED ACTIVE
H. 3999 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 1-23-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO REVISE THE DEFINITIONS FOR "AGENCY" AND "CONTESTED CASE" TO INCLUDE A PERSON CHALLENGING THE DENIAL BY A PUBLIC BODY OF THE RELEASE OF A PUBLIC RECORD UNDER THE FREEDOM OF INFORMATION ACT; TO AMEND SECTION 1-23-600, AS AMENDED, RELATING TO THE JURISDICTION OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO ADD JURISDICTION TO HEAR PROCEEDINGS BROUGHT WHEN A PERSON CHALLENGES THE DENIAL OF A REQUEST TO RELEASE PUBLIC RECORDS; TO AMEND SECTION 30-4-30, AS AMENDED, RELATING TO THE FREEDOM OF INFORMATION ACT AND THE PUBLIC'S RIGHT TO INSPECT OR COPY PUBLIC RECORDS, SO AS TO PROVIDE A SHORTER TIME FRAME FOR REQUESTS TO BE ANSWERED, TO PROVIDE THAT THE FAILURE TO RESPOND BARS THE ASSERTION OF A CLAIM OF EXEMPTION FROM DISCLOSURE EXCEPT IN LIMITED CIRCUMSTANCES, TO PROVIDE THAT WHEN A REQUEST IS GRANTED THE DOCUMENTS MUST BE MADE AVAILABLE IMMEDIATELY, AND TO PROVIDE THAT A REQUESTER WHOSE REQUEST FOR RECORDS IS DENIED MAY FILE A CONTESTED CASE PROCEEDING BEFORE THE ADMINISTRATIVE LAW JUDGE DIVISION AND, IF THE JUDGE RULES THE REQUEST MUST BE GRANTED, BE AWARDED ATTORNEY'S FEES AND COSTS FOR THE PROCEEDING BEFORE THE DIVISION; AND TO AMEND SECTION 30-4-100, RELATING TO THE COURT'S JURISDICTION UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO ADD JURISDICTION OF THE ADMINISTRATIVE LAW JUDGE DIVISION TO HEAR CERTAIN CASES.
H. 4891 (Word version) -- Reps. Sharpe, Davenport, Ott and Dantzler: A BILL TO AMEND SECTION 47-5-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT
H. 4516 (Word version) -- Reps. Sharpe, Witherspoon and Ott: A JOINT RESOLUTION TO AMEND JOINT RESOLUTION 120 OF 2001, RELATING TO ESTABLISHMENT OF A THREE-YEAR PILOT PROGRAM OF ALLIGATOR FARMING FOR THE PURPOSE OF DETERMINING THE FEASIBILITY OF ALLIGATOR FARMING FOR POULTRY MORTALITY DISPOSAL, SO AS TO EXTEND THE THREE-YEAR PILOT PROJECT TO SIX YEARS AND PROVIDE THAT UNTIL JULY 1, 2007, ANY PERSON EIGHTEEN OR OLDER MAY ESTABLISH AN ALLIGATOR FARM FOR THE PURPOSE OF POULTRY MORTALITY DISPOSAL.
H. 4258 (Word version) -- Reps. Sharpe, Wilkins, W. D. Smith and Davenport: A BILL TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION BY ADDING CHAPTER 56, SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ADMINISTER A PILOT PROGRAM WITH UP TO TEN PARTICIPANTS FOR UP TO FIVE YEARS, WITH A POSSIBLE FIVE-YEAR RENEWAL, FOR THE PURPOSE OF TESTING AND EVALUATING INNOVATIVE ENVIRONMENTAL APPROACHES TO ACHIEVE SUPERIOR ENVIRONMENTAL PERFORMANCE NOT OTHERWISE AUTHORIZED UNDER EXISTING LAW, TO REQUIRE PARTICIPANTS TO BE MEMBERS OF THE SOUTH CAROLINA ENVIRONMENTAL EXCELLENCE PROGRAM, TO ESTABLISH PILOT PROGRAM PROCEDURES AND BASIC TERMS OF AGREEMENT BETWEEN THE DEPARTMENT AND PARTICIPANTS, TO REQUIRE PUBLIC NOTICE OF AGREEMENTS BEING CONSIDERED FOR APPROVAL OR REVOCATION, TO AUTHORIZE VARIANCES FROM EXISTING
H. 3978 (Word version) -- Rep. Merrill: A BILL TO AMEND SECTION 44-93-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM REGULATION FOR GENERATORS OF LESS THAN FIFTY POUNDS OF INFECTIOUS WASTE, SO AS TO REQUIRE SHARPS TO BE MANAGED PURSUANT TO THE REQUIREMENTS OF CHAPTER 93 AND REGULATIONS PROMULGATED UNDER THAT CHAPTER.
H. 4260 (Word version) -- Reps. Sharpe and Ott: A BILL TO AMEND CHAPTER 5, TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RABIES CONTROL, SO AS TO REVISE DEFINITIONS AND ADD NEW DEFINITIONS, TO PROHIBIT THE SALE OF OFFSPRING BORN TO A CARNIVORE OR OTHER ANIMAL CROSSBRED WITH A WILD CARNIVORE, TO RESTRICT PUBLIC EXHIBITIONS OF WILD CARNIVORES AND OTHER ANIMALS FOR WHICH A RABIES VACCINE DOES NOT EXIST, TO REVISE RABIES REPORTING REQUIREMENTS, TO CHANGE THE TIME WITHIN WHICH A PHYSICIAN IS REQUIRED TO REPORT AN ANIMAL BITE FROM TWELVE HOURS TO THE NEXT WORKING DAY, TO REVISE QUARANTINE REQUIREMENTS, AND TO REVISE THE PUNISHMENT FOR CHAPTER VIOLATIONS TO THE MAXIMUM PENALTIES.
H. 4786 (Word version) -- Reps. Meacham-Richardson and Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-33-115 SO AS TO PROVIDE THAT NO PERSON SHALL GIVE, SELL, LEASE, ASSIGN, TRANSFER, MORTGAGE, PLEDGE, HYPOTHECATE, OR OTHERWISE DISPOSE OF A CERTIFICATE OF ENVIRONMENTAL COMPATIBILITY AND PUBLIC CONVENIENCE AND NECESSITY OR RIGHTS UNDER THE CERTIFICATE ISSUED BY THE PUBLIC SERVICE COMMISSION WITH RESPECT TO THE OPERATION OF A MAJOR UTILITY FACILITY KNOWN AS A "MERCHANT PLANT".
H. 4622 (Word version) -- Reps. Wilkins, Harrell, Jennings, Keegan, J. Young, Hayes, Battle, Lourie, G. Brown, Carnell, Cato, Coleman, Emory,
H. 4855 (Word version) -- Reps. Kelley, Kirsh and Cooper: A JOINT RESOLUTION TO PROVIDE A SPECIAL PROCEDURE APPLICABLE ONLY FOR FISCAL YEAR 2002-2003 FOR MANDATORY EMPLOYEE FURLOUGHS, TO PROVIDE THE CIRCUMSTANCES UNDER WHICH SUCH FURLOUGHS MAY BE ORDERED, TO LIMIT TOTAL FURLOUGH DAYS IN THE FISCAL YEAR TO TEN DAYS, TO REQUIRE FURLOUGHS TO APPLY AGENCY-WIDE, TO PROHIBIT AN AGENCY'S CLOSING DURING ITS REGULAR HOURS OF OPERATION TO IMPLEMENT FURLOUGHS, TO PROVIDE FOR THE PAY AND BENEFITS FOR FURLOUGH EMPLOYEES, AND TO PROVIDE THAT FURLOUGHS ARE NOT GROUNDS FOR A GRIEVANCE.
H. 4701 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTIONS 59-121-310, 59-121-350, AND 59-121-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CITADEL ATHLETIC FACILITIES BONDS AND THE REVENUE WHICH THE CITADEL MAY PLEDGE AS SECURITY FOR THESE BONDS, SO AS TO CLARIFY THAT THE CITADEL MAY PLEDGE THE PROCEEDS OF THE ADMISSIONS FEES AND THE SPECIAL STUDENT FEES AS SECURITY FOR THESE BONDS WITHOUT PLEDGING THE REVENUE DERIVED FROM THE OPERATION OF THE ATHLETIC DEPARTMENT, AND TO MAKE TECHNICAL CORRECTIONS.
H. 4835 (Word version) -- Reps. Carnell, Keegan, Harrell, A. Young and Quinn: A BILL TO AMEND SECTION 2-47-55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ANNUAL PERMANENT IMPROVEMENT PROGRAM WHICH IS REQUIRED TO BE SUBMITTED TO THE JOINT BOND REVIEW COMMITTEE AND THE BUDGET AND CONTROL BOARD, SO AS TO CHANGE THE NAME OF THE SUBMISSION TO THE COMPREHENSIVE PERMANENT IMPROVEMENT PLAN WHICH WOULD SERVE AS AN OUTLINE FOR AN AGENCY'S PERMANENT IMPROVEMENT ACTIVITIES FOR THE NEXT FIVE-YEAR PERIOD; AND TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO DELETE SECTION 5 WHICH REQUIRES STATE AGENCIES AND INSTITUTIONS TO SUBMIT AN OVERALL PLAN SEEKING APPROVAL OF REQUESTS FOR FUNDING OF PERMANENT IMPROVEMENT PROJECTS OR OF THE ESTABLISHMENT AND IMPLEMENTATION OF PROJECTS PREVIOUSLY AUTHORIZED UNDER ACT 1377 OF 1968 (STATE CAPITAL IMPROVEMENT BOND ACT).
H. 4589 (Word version) -- Reps. Rodgers, Battle, Gilham and Miller: A BILL TO AMEND SECTION 48-39-145, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION FEE FOR A PERMIT TO ALTER A CRITICAL AREA AS DEFINED IN SECTION 48-39-10 WHICH INCLUDES COASTAL WATERS, TIDELANDS, BEACHES, AND A BEACH DUNE SYSTEM, SO AS TO AUTHORIZE THE DEPARTMENT OF
H. 4507 (Word version) -- Reps. Quinn, Barfield, Barrett, Chellis, Cobb-Hunter, Delleney, Freeman, Hinson, Leach, Lucas, J. H. Neal, Neilson, Ott, Sandifer, Taylor, Vaughn, Wilder, A. Young, Bingham, Snow, Knotts, J. R. Smith, Coates, Altman, Martin, Thompson, Simrill, Riser, McGee, Littlejohn, Webb, Rodgers, Owens, Robinson, Campsen, G. M. Smith, Witherspoon, Fleming, Frye, Stille, Trotter, Huggins, Carnell, Hosey, Rice, Walker, Allison, Sinclair, Cato, White, Townsend, Law, Dantzler, Davenport, Talley, Edge, Loftis, Meacham-Richardson, Battle, Miller, Harvin, Rhoad, Bales, Lloyd, Bowers, Jennings, Coleman, Keegan, Kennedy, Askins, Scott and McLeod: A JOINT RESOLUTION SUSPENDING THE TWO DOLLAR AND FIVE CENTS REDUCTION IN THE CALCULATION OF MEDICAID PRESCRIPTION PAYMENT REIMBURSEMENTS PROVIDED BY THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES IN MEDICAID BULLETIN PHARM 01-06.
H. 4769 (Word version) -- Reps. J. Young, G. M. Smith, Cotty, Scarborough, Quinn, Bingham, McGee, Knotts, Webb, Rice, Rodgers, Allison, Stille, Altman, Simrill, Battle, Easterday, Chellis, Campsen, Coates, Dantzler, Delleney, Fleming, Gilham, Hamilton, J. Hines, Hinson, Kirsh, Law, Leach, Limehouse, Loftis, Lucas, McLeod, Merrill, Owens, Perry, Robinson, Sharpe, Talley, Walker, Wilkins and A. Young: A BILL TO REPEAL A JOINT RESOLUTION OF 2002 BEARING RATIFICATION NUMBER 176, ESTABLISHING AN ANNUAL NURSING HOME FRANCHISE FEE.
H. 3764 (Word version) -- Reps. Wilkins and Lourie: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 11, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE RESTRICTIONS ON PLEDGING THE CREDIT OF THIS STATE OR ITS POLITICAL SUBDIVISIONS FOR A PRIVATE PURPOSE AND THE RESTRICTION ON THE STATE OR ANY OF ITS POLITICAL SUBDIVISIONS BECOMING A JOINT OWNER OR STOCKHOLDER OF A BUSINESS, SO AS TO ALLOW A MUNICIPALITY, COUNTY, SPECIAL PURPOSE DISTRICT, OR PUBLIC SERVICE DISTRICT OF THIS STATE WHICH
H. 5005 (Word version) -- Reps. Knotts, Bingham, Riser, Stuart, Koon, Frye and Huggins: A BILL TO AMEND SECTION 7-7-380, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN LEXINGTON COUNTY, SO AS TO DESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD.
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. 893 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 50-11-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE KILLING OF BEAR, SO AS TO DELETE THE EXISTING PROVISIONS AND PROVIDE FOR OPEN SEASON IN GAME ZONE ONE FOR STILL GUN AND PARTY DOG HUNTS AND TO PROVIDE THAT IN ALL OTHER ZONES THERE ARE NO OPEN SEASONS; TO REQUIRE THAT BEAR TAKEN BE REPORTED TO THE DEPARTMENT OF NATURAL RESOURCES' CLEMSON OFFICE; TO PROVIDE THAT IT IS UNLAWFUL TO TAKE A BEAR EXCEPT DURING OPEN SEASON; TO OTHERWISE RESTRICT THE TAKING, METHOD OF HUNTING, OR POSSESSION OF CERTAIN BEAR AND BEAR PARTS; AND TO PROVIDE PENALTIES.
S. 191 (Word version) -- Senators Waldrep, McConnell, Leventis, Hawkins, Hutto, Thomas, Giese and Pinckney: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-1-75 SO AS TO PROVIDE IMMUNITY FROM CIVIL AND CRIMINAL LIABILITY TO A PERSON ACTING IN GOOD FAITH AND WITHOUT COMPENSATION WHO RENDERS EMERGENCY CARE TO AN ANIMAL THAT IS ABANDONED, ILL, OR INJURED.
S. 869 (Word version) -- Senators Hayes and Land: A BILL TO AMEND SECTION 2-66-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JEAN LANEY HARRIS FOLK HERITAGE AWARD, SO AS TO PERMIT STATE AS WELL AS PRIVATE FUNDS TO BE USED TO COVER ANY EXPENSES INCURRED OR ASSOCIATED WITH PRESENTING THE AWARD.
S. 675 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 31-6-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "REDEVELOPMENT PROJECT" UNDER THE TAX INCREMENT FINANCING LAW, SO AS TO AUTHORIZE A REDEVELOPMENT TO BE LOCATED OUTSIDE OF THE REDEVELOPMENT AREA IF A MUNICIPALITY MAKES SPECIFIC FINDINGS OF BENEFIT TO THE REDEVELOPMENT PROJECT AREA; TO AMEND SECTION 31-6-70, RELATING TO THE ADOPTION OF AN ORDINANCE BY A MUNICIPALITY PROVIDING FOR THE APPROVAL OF A REDEVELOPMENT PLAN, SO AS TO LENGTHEN FROM FIVE TO TEN YEARS THE PERIOD WITHIN WHICH A MUNICIPALITY MAY ISSUE OBLIGATIONS TO FINANCE A REDEVELOPMENT PROJECT AND TO AUTHORIZE OBLIGATIONS TO BE ISSUED SUBSEQUENT TO THE INITIAL TEN-YEAR PERIOD; AND TO AMEND SECTION 31-6-80, AS
At 11:15 a.m. the House in accordance with the ruling of the SPEAKER adjourned to meet at 12:00 noon, Tuesday, April 9.
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