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 I Chronicles 29:11: "Yours, O Lord, is the greatness and the power and the glory and the majesty and the splendor, for everything in heaven and earth is Yours."
Let us pray. Almighty God, everything belongs to You. Provide these women and men with the wisdom, courage, and integrity to make decisions for the good of all, recognizing all this comes from Your bountiful hands and entrusted to us to do what is right and just. We remember our sister, fellow worker Shirley Garrick, as she cares for her husband. Touch Rep. Leach with Your healing hand and guide the hand of his physician.
Give Your blessings on our leaders of this State and Nation and protect our defenders of freedom. Hear our prayer, O 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. W. D. SMITH moved that when the House adjourns, it adjourn in memory of Ben M. Stone of Spartanburg, which was agreed to.
Rep. W. D. SMITH moved that when the House adjourns today that it adjourn to meet in Local Session tomorrow at 10:00 a.m., Local Session on Tuesday, April 6, at 12:00 noon, Local Session on Thursday, April 8, at 10:00 a.m., and Local Session on Friday, April 9, at 10:00 a.m., which was agreed to.
The SPEAKER, pursuant to Rule 6.1(b), stated that the House will meet in Statewide Session on Wednesday, April 7, at 10:00 a.m., for the exclusive purpose of the introduction and referral of bills and receipt and reading of communications and committee reports and to adjourn immediately thereafter with no roll to be taken.
The following was received from the Senate:
Columbia, S.C., March 31, 2004
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 S. 104:
S. 104 (Word version) -- Senator Mescher: A BILL TO AMEND TITLE 44 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 34, TO PROVIDE FOR THE STANDARDS, REQUIREMENTS, AND PROCEDURES OF TATTOOING CERTAIN PERSONS UNDER CERTAIN CONDITIONS; AND TO AMEND SECTION 16-17-700, TO PROVIDE THAT IT IS UNLAWFUL TO TATTOO ANOTHER PERSON UNLESS THE TATTOO ARTIST MEETS THE REQUIREMENTS OF CHAPTER 34 OF TITLE 44.
Very respectfully,
President
On motion of Rep. CATO, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. MACK, WHITE and UMPHLETT to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
On motion of Rep. LEACH, with unanimous consent, the following were taken up for immediate consideration and accepted:
December 2, 2003
The Honorable Robert W. Leach, Sr.
Dear Chairman Leach:
On behalf of the South Carolina Primary Health Care Association the Members of the House of Representatives are invited to a breakfast. This event will be held on Wednesday, May 12, 2004, from 8:00 a.m. until 10:00 a.m. in Room 221 of the Blatt Building.
Sincerely,
Sue Verr
Deputy Director
December 2, 2003
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 Upstate Alliance the Members of the House of Representatives are invited to a reception. This event will be held on Wednesday, May 12, 2004, from 6:00 p.m. until 7:30 p.m. at the Capital City Club.
Sincerely,
Jody Bryson
December 2, 2003
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 South Carolina School Food Service Association the Members and staff of the House of Representatives are invited to a breakfast. This event will be held on Thursday, May 13, 2004, from 8:30 a.m. until 10:00 a.m. in Room 221 of the Blatt Building.
Sincerely,
Melissa K. Dorland
Dear Chairman Leach:
On behalf of the South Carolina Child Care Association the Members and staff of the House of Representatives are invited to a luncheon. This event will be held on Wednesday, May 5, 2004, from 12:00 noon until 2:00 p.m. in Room 221 of the Blatt Building.
Sincerely,
Marileen Chapman
December 2, 2003
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 Small Business Development Center, SC Manufacturing Extension Partnership, U.S. Small Business Administration, SC Department of Commerce, SC Chamber of Commerce, and the SC Women's Business Center the Members of the House of Representatives are invited to a Salute to Small Business Luncheon. This event will be held on Tuesday, May 11, 2004, from 10:00 a.m. until 3:00 p.m. on the State House Grounds.
Sincerely,
Debbie Griffith
Document No. 2872
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Sections 48-1-10 et seq.
Air Pollution Control Regulations and Standards
Received by Speaker of the House of Representatives
January 22, 2004
Referred to Agriculture, Natural Resources and Environmental Affairs Committee
Legislative Review Expiration May 21, 2004
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3130 (Word version) -- Reps. Lourie and Haskins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-25-95 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON CONVICTED OF A MISDEMEANOR CRIMINAL DOMESTIC VIOLENCE OFFENSE TO SHIP, TRANSPORT, POSSESS, OR RECEIVE A FIREARM OR AMMUNITION IF THE CONVICTION MEETS CERTAIN CONDITIONS AND TO PROVIDE PENALTIES; AND BY ADDING SECTION 20-4-150, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON SUBJECT TO A PROTECTION ORDER, UNDER CERTAIN CONDITIONS, TO SHIP, TRANSPORT, POSSESS, OR RECEIVE A FIREARM OR AMMUNITION AND TO PROVIDE PENALTIES.
Ordered for consideration tomorrow.
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:
H. 3917 (Word version) -- Reps. Littlejohn, Cotty, Moody-Lawrence, Altman, Anthony, Bailey, Cobb-Hunter, J. Hines, Koon, Leach, Limehouse, Mack, Mahaffey, Martin, Snow, Stille, Witherspoon and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-75 SO AS TO PROVIDE FOR A TEN DOLLAR SURCHARGE ON CERTAIN TRAFFIC VIOLATIONS DESIGNATED AS AGGRESSIVE DRIVING OFFENSES, TO PROVIDE FOR THE MANNER IN WHICH THE REVENUE GENERATED BY THIS SURCHARGE MUST BE USED INCLUDING FOR DEPOSIT IN SOUTH CAROLINA BRAIN INJURY TRUST FUND HEREIN ESTABLISHED, TO ALSO ESTABLISH A BRAIN INJURY TRUST FUND BOARD TO ADMINISTER THE FUND, AND TO PROVIDE THE PROCEDURES AND REQUIREMENTS FOR DISBURSEMENTS FROM THE FUND.
Ordered for consideration tomorrow.
H. 4847 (Word version) -- Reps. J. R. Smith, Clark, Clyburn, Perry and D. C. Smith: A BILL TO AMEND SECTION 12-14-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INVESTMENT TAX CREDIT AGAINST STATE INCOME TAX ALLOWED FOR ECONOMIC IMPACT ZONE QUALIFIED MANUFACTURING AND PRODUCTIVE EQUIPMENT PROPERTY, SO AS TO EXTEND FOR CERTAIN TAXPAYERS THE TEN-YEAR CARRY-FORWARD PERIOD FOR UNUSED TAX CREDITS AND PROVIDE THE REQUIREMENTS NECESSARY FOR A TAXPAYER TO RECEIVE THE ADDITIONAL CARRY-FORWARD PERIOD.
Ordered for consideration tomorrow.
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:
H. 4968 (Word version) -- Reps. Limehouse, Harrell, J. E. Smith, Cato, Ceips, Clyburn, Edge, Herbkersman, Hinson, Lourie, Neilson, Cobb-Hunter, Lloyd, Gourdine, J. H. Neal and Parks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 62 TO TITLE 12 SO AS TO ENACT THE SOUTH CAROLINA MOTION PICTURE INCENTIVE ACT, PROVIDING FOR NEW TAX INCENTIVES FOR MOTION PICTURE PRODUCTION COMPANIES SPENDING MONIES IN SOUTH CAROLINA, SPECIFICALLY, RELIEF FROM THE SALES AND USE TAX, AN EMPLOYMENT TAX REBATE, AND A SEVEN PERCENT REBATE OF THE COST OF GOODS AND SERVICES, AS WELL AS ASSISTANCE AND CONVENIENCE IN LOCATING, AND NEGOTIATING RATES FOR THE USE OF, PUBLIC PROPERTY AS FILMING LOCATIONS, AUTHORIZATION OF THE FORMATION OF A SOUTH CAROLINA FILM FOUNDATION TO SOLICIT DONATIONS FOR THE RECRUITMENT OF MOTION PICTURE PRODUCTIONS TO THIS STATE, AND FUNDING FROM A PORTION OF THE ADMISSIONS TAX COLLECTED BY THE STATE TO SUPPORT THE FUNCTIONS OF THE SOUTH CAROLINA FILM COMMISSION IN THESE EFFORTS AND TO PROVIDE FOR PROMOTION OF COLLABORATIVE EFFORTS BETWEEN
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:
S. 904 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 59-119-940, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON THE ISSUANCE OF ATHLETIC FACILITY REVENUE BONDS BY CLEMSON UNIVERSITY SO AS TO INCREASE FROM FORTY MILLION DOLLARS TO SIXTY MILLION DOLLARS THE MAXIMUM AMOUNT OF THESE BONDS WHICH MAY BE OUTSTANDING AT ANY TIME.
Ordered for consideration tomorrow.
S. 487 (Word version) -- Senator Waldrep: A BILL TO AMEND SECTION 12-36-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALES AND USE TAX ACT, SO AS TO EXCLUDE THE ENVIRONMENTAL SURCHARGE IMPOSED PURSUANT TO SECTION 44-56-430 FROM THE DEFINITION OF "GROSS PROCEEDS OF SALES"; TO AMEND SECTION 44-56-430, RELATING TO THE DRYCLEANING FACILITY RESTORATION TRUST FUND, SO AS TO PROVIDE FOR THE CALCULATION, ADMINISTRATION, COLLECTION, AND ENFORCEMENT OF THE ENVIRONMENTAL SURCHARGE; TO AMEND SECTION 44-56-470, RELATING TO THE ANNUAL REGISTRATION AND FEES FOR DRYCLEANING FACILITIES, SO AS TO PROVIDE FOR THE DEPARTMENT OF REVENUE'S RETENTION OF FUNDS FOR COSTS INCURRED TO COLLECT AND ENFORCE THE DRYCLEANING FACILITY RESTORATION TRUST FUND; TO AMEND SECTION 44-56-480, RELATING TO THE SURCHARGE ON PERCHLOROETHYLENE (TETRACHLOROETHYLENE) AND STODDARD SOLVENT, SO AS TO PROVIDE THAT THE DEPARTMENT OF REVENUE MUST ADMINISTER, COLLECT, AND ENFORCE THE SURCHARGE IN THE MANNER THAT SALES AND USE TAXES ARE ADMINISTERED, COLLECTED, AND ENFORCED UNDER CHAPTER 36 OF TITLE 12; AND TO AMEND SECTION 44-56-485, RELATING TO THE ELECTION TO PLACE A DRYCLEANING FACILITY UNDER THE PROVISIONS OF ARTICLE 4, CHAPTER 56 OF TITLE 44, SO AS TO ADD PROVISIONS PERTAINING TO THE EFFECT OF VOLUNTARY REGISTRATION ON A DRYCLEANING FACILITY'S LIABILITY FOR THE PAYMENT OF CERTAIN TAXES, FEES, PENALTIES, AND INTEREST.
Ordered for consideration tomorrow.
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:
H. 4527 (Word version) -- Reps. M. A. Pitts, Bailey and Koon: A BILL TO AMEND SECTION 12-6-1140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM SOUTH
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:
H. 4465 (Word version) -- Reps. Vaughn, Altman, Leach and Mahaffey: A BILL TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FIFTY THOUSAND DOLLAR HOMESTEAD EXEMPTION FOR THE PERSON OVER SIXTY-FIVE YEARS OF AGE AND DISABLED PERSONS, SO AS TO INDEX THE EXEMPTION AMOUNT TO INFLATION IN THE SAME MANNER AND BY THE SAME PERCENTAGE THAT FEDERAL INCOME TAX BRACKETS ARE ADJUSTED TO REFLECT INCREASES IN THE CONSUMER PRICE INDEX.
Ordered for consideration tomorrow.
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:
S. 769 (Word version) -- Senators Cromer and Reese: A BILL TO AMEND SECTION 12-37-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL EXEMPTIONS FROM PROPERTY TAXES INCLUDING THE EXEMPTION OF A DWELLING HOUSE OF A VETERAN WHO IS DISABLED FROM A SERVICE-CONNECTED DISABILITY, SO AS TO DEFINE THE TERM "PERMANENTLY AND TOTALLY DISABLED" AND TO ALLOW THE SURVIVING SPOUSE OF A DISABLED VETERAN TO RECEIVE THE EXEMPTION FOR ANY SUBSEQUENT DWELLING.
Ordered for consideration tomorrow.
H. 4724 (Word version) -- Reps. Hinson, Merrill, Altman, Dantzler, Gourdine, McLeod and Neilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-9-150 SO AS TO EXEMPT FROM ACROSS-THE-BOARD REDUCTIONS ORDERED BY THE STATE BUDGET AND CONTROL BOARD AMOUNTS APPROPRIATED IN THE ANNUAL GENERAL APPROPRIATIONS ACT AS SALARY SUPPLEMENTS FOR COUNTY CLERKS OF COURT, PROBATE JUDGES, SHERIFFS, REGISTRARS OF DEEDS, COUNTY AUDITORS, COUNTY TREASURERS, AND COUNTY CORONERS; AND TO AMEND SECTION 8-15-65, AS AMENDED, SO AS TO PROVIDE FOR THE COUNTY CORONER AS A COUNTY OFFICIAL RECEIVING A SALARY SUPPLEMENT FROM THE STATE.
Ordered for consideration tomorrow.
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:
H. 4262 (Word version) -- Reps. Neilson, Barfield, Bales, Cobb-Hunter, Clyburn, Martin, J. Hines, Rutherford, J. Brown, Hosey, Hayes, J. E. Smith, Altman, Anthony, Bailey, Battle, Branham, Emory, Freeman, Harvin, M. Hines, Keegan, Kennedy, Koon, Leach, Rhoad, Richardson, Rivers, Scarborough, Simrill, J. R. Smith, Snow, Thompson, Young, Walker, Clemmons, Lourie, Sandifer, Owens, Clark, Weeks, McLeod, Whipper, Allen and Jennings: A BILL TO AMEND CHAPTER 61, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ESTABLISH A STATE TRAUMA CARE SYSTEM TO ENSURE PROVISION OF TRAUMA SERVICES TO RESIDENTS THROUGHOUT THE STATE; TO PROVIDE, AMONG OTHER THINGS, THAT THE DEPARTMENT MAY ESTABLISH STANDARDS FOR LEVELS OF TRAUMA CENTER DESIGNATIONS AND TO PROVIDE FOR THE FURTHER REGULATION OF SUCH CENTERS; TO ESTABLISH THE TRAUMA ADVISORY COUNCIL TO ADVISE THE DEPARTMENT ON THE DEVELOPMENT OF THE TRAUMA CARE SYSTEM; AND TO ESTABLISH THE TRAUMA CARE
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:
H. 4971 (Word version) -- Reps. Harrell, Quinn, Clyburn, Davenport, Edge, Rice, Neilson and Cobb-Hunter: A JOINT RESOLUTION TO ESTABLISH THE SOUTH CAROLINA COMMISSION ON HEALTH CARE ACCESS, TO PROVIDE FOR THE MEMBERSHIP, DUTIES, AND FUNCTIONS OF THE COMMISSION, AND TO PROVIDE THAT THE COMMISSION IS DISSOLVED JUNE 30, 2007, OR AT THE CONCLUSION OF ITS WORK, WHICHEVER OCCURS EARLIER.
Ordered for consideration tomorrow.
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:
H. 4963 (Word version) -- Reps. Harrell, Mack and Neilson: A BILL TO AMEND SECTIONS 9-8-10, 9-8-50, 9-8-60, AS AMENDED, AND 9-8-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS, CREDITED SERVICE, RETIREMENT AND RETIREMENT ALLOWANCES, AND MEMBERS' CONTRIBUTIONS FOR PURPOSES OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO DEFINE "EARNED SERVICE" FOR PURPOSES OF THIS SYSTEM, PROVIDE THE TYPE AND AMOUNT OF SERVICE CREDIT THAT MAY BE ESTABLISHED IN THIS SYSTEM AND THE COST REQUIRED TO ESTABLISH SERVICE CREDIT, PROVIDE THE OPTIONS AVAILABLE TO A MEMBER WHO TERMINATES SERVICE BEFORE RETIREMENT, PROVIDE THE AMOUNT OF EARNED SERVICE NECESSARY FOR A MEMBER OF THIS SYSTEM TO VEST AND RECEIVE A MONTHLY RETIREMENT BENEFIT, CONFORM THE SERVICE REQUIREMENTS FOR RECEIVING A MONTHLY RETIREMENT ALLOWANCE TO THESE REVISIONS, AND INCREASE MEMBER CONTRIBUTIONS FROM SEVEN TO TEN PERCENT OF COMPENSATION PHASED IN OVER THREE YEARS.
Ordered for consideration tomorrow.
H. 4924 (Word version) -- Reps. Witherspoon, Harrell, Cobb-Hunter, Battle, Martin, Kirsh, Viers, Rhoad, McGee, Hayes, Lucas, Whipper, Quinn, Jennings, Coleman, Snow, J. Hines, Bailey, Bales, Barfield, Branham, Breeland, G. Brown, R. Brown, Cato, Chellis, Clemmons, Coates, Cooper, Davenport, Delleney, Duncan, Edge, Emory, Frye, Hamilton, Harrison, Haskins, Herbkersman, M. Hines, Keegan, Kennedy, Koon, Leach, Limehouse, Littlejohn, Loftis, Mahaffey, McCraw, Miller, J. M. Neal, Neilson, Ott, Perry, Phillips, Pinson, M. A. Pitts, Rice, Richardson, Rivers, Sandifer, Sinclair, D. C. Smith, G. R. Smith, J. R. Smith, Stille, Townsend, Trotter, Vaughn, Walker, White and Young: A BILL TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 48 SO AS TO PROVIDE FOR FURTHER ENFORCEMENT OF THE TOBACCO ESCROW FUND ACT, INCLUDING BOTH CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS, TO AMEND SECTION 11-47-30, RELATING TO THE REQUIREMENT FOR A TOBACCO PRODUCT MANUFACTURER TO EITHER PARTICIPATE IN THE MASTER SETTLEMENT AGREEMENT OR DEPOSIT MONIES INTO A QUALIFIED ESCROW FUND, SO AS TO PROVIDE THAT ESCROW PAYMENTS REQUIRED OF A NONPARTICIPATING TOBACCO PRODUCTS MANUFACTURER AND ANY REFUND OF AN ESCROW OVERPAYMENT BY SUCH A MANUFACTURER ARE BASED ON UNITS SOLD IN THIS STATE COMPARED WITH MASTER SETTLEMENT AGREEMENT PAYMENTS RATHER THAN AN ALLOCABLE SHARE.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report on:
S. 764 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTION 56-3-1010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF TERMS CONCERNING CORPORATE-OWNED FLEET MOTOR VEHICLES, SO AS TO REVISE THE DEFINITION OF THE TERM "FLEET".
Ordered for consideration tomorrow.
H. 4903 (Word version) -- Reps. Cobb-Hunter and Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 74 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE FOR "BREAST CANCER AWARENESS" SPECIAL LICENSE PLATES.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report on:
H. 4978 (Word version) -- Reps. Townsend, Stille, J. M. Neal, Gilham, Pinson, Lourie and Martin: A BILL TO AMEND SECTION 59-150-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TUITION ASSISTANCE FOR TECHNICAL COLLEGES AND TWO-YEAR INSTITUTIONS, SO AS TO PROVIDE THAT A HIGH SCHOOL STUDENT WHO IS DUALLY ENROLLED IN AN ELIGIBLE TWO-YEAR INSTITUTION IS NOT REQUIRED TO BE DEGREE SEEKING AND IS NOT REQUIRED TO COMPLETE A FREE APPLICATION FOR FEDERAL STUDENT AID (FAFSA) APPLICATION TO QUALIFY AS A FIRST TIME ENTERING FRESHMAN.
Ordered for consideration tomorrow.
The following was introduced:
H. 5074 (Word version) -- Rep. Rutherford: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE BENEDICT COLLEGE "TIGERS" WOMENS BASKETBALL TEAM AND HEAD COACH MAURICE BAILEY AND HIS STAFF FOR AN EXCEPTIONAL SEASON AND TO WISH THEM CONTINUED SUCCESS IN THE FUTURE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5075 (Word version) -- Rep. Rutherford: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE BENEDICT COLLEGE "TIGERS" MENS BASKETBALL TEAM AND HEAD COACH FRED WATSON AND HIS STAFF FOR AN EXCEPTIONAL SEASON AND TO WISH THEM CONTINUED SUCCESS IN THE FUTURE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 5076 (Word version) -- Reps. Phillips and Littlejohn: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO CEASE ISSUING NEW AMBULANCE LICENSES UNTIL THE DEPARTMENT HAS THE NECESSARY PERSONNEL TO ENFORCE EXISTING LICENSURE REQUIREMENTS AND TO PROVIDE LICENSURE RENEWAL REQUIREMENTS.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 5077 (Word version) -- Reps. Walker, Anthony, Lee, Littlejohn, Mahaffey, Sinclair, W. D. Smith and Talley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-23-810 SO AS TO PROVIDE THAT THE PORTION OF ROADSIDE VEGETATION ALONG INTERSTATE HIGHWAY 85 AND INTERSTATE HIGHWAY 585 IN SPARTANBURG COUNTY MAY BE MOWED BEYOND THIRTY FEET FROM THE PAVEMENT.
On motion of Rep. LITTLEJOHN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 5078 (Word version) -- Reps. Sandifer and Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING
H. 5079 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 56-10-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTOMATIC SUSPENSION OF A MOTOR VEHICLE REGISTRATION UPON LAPSE OR TERMINATION OF THE SECURITY REQUIRED TO OPERATE THE VEHICLE, SO AS TO PROVIDE THAT THE VEHICLE'S OWNER'S DRIVING PRIVILEGES ARE ALSO SUSPENDED WHEN THE VEHICLE'S REQUIRED SECURITY LAPSES OR TERMINATES; TO AMEND SECTION 56-10-40, AS AMENDED, RELATING TO A PROVIDER OF INSURANCE'S OR SECURITY'S OBLIGATION TO NOTIFY THE DEPARTMENT OF MOTOR VEHICLES WHEN AN AUTOMOBILE'S INSURANCE OR SECURITY LAPSES OR TERMINATES, SO AS TO REVISE THE PROCEDURE WHEREBY AN INSURANCE OR SECURITY PROVIDER MUST NOTIFY THE DEPARTMENT OF MOTOR VEHICLES WHEN AN AUTOMOBILE INSURANCE POLICY OR SECURITY LAPSES OR TERMINATES, AND TO REVISE THE DEPARTMENT OF MOTOR VEHICLE'S OBLIGATIONS TO NOTIFY A VEHICLE OWNER THAT HIS VEHICLE REGISTRATION HAS BEEN SUSPENDED; TO AMEND SECTION 56-10-220, AS AMENDED, RELATING TO THE REQUIREMENT THAT A REGISTERED VEHICLE BE INSURED, SO AS TO PROVIDE THAT THE CERTIFICATE OF INSURANCE MUST BE IN A FORM THAT HAS BEEN REVIEWED BY THE DEPARTMENT OF INSURANCE AND THE WORKING GROUP, AND TO PROVIDE THAT THE
H. 5080 (Word version) -- Reps. W. D. Smith, Wilkins, Loftis, Harrell, Cato, Chellis, Clemmons, Edge, Frye, Herbkersman, Leach, Owens, Perry, Rice, Richardson, Sandifer, Simrill, F. N. Smith, G. R. Smith, J. R. Smith, Stewart, Talley, Townsend, Tripp, Vaughn, White and
The roll call of the House of Representatives was taken resulting as follows:
Allen Altman Anthony Bailey Bales Barfield Battle Bingham Bowers Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chellis Clemmons Clyburn Cobb-Hunter Coleman Cooper Cotty Dantzler Delleney Duncan Edge Emory Freeman Frye Gilham Gourdine Govan Hagood Hamilton Harrell Harrison Hayes Herbkersman M. Hines Hinson Hosey Howard Huggins Keegan Kennedy Kirsh Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack Mahaffey Martin McCraw McGee McLeod Merrill Miller Moody-Lawrence J. M. Neal Owens Parks Perry Pinson E. H. Pitts M. A. Pitts Quinn Rhoad Rice Richardson Rutherford Sandifer Scarborough Scott Simrill Sinclair
Skelton D. C. Smith F. N. Smith G. M. Smith G. R. Smith J. E. Smith J. R. Smith W. D. Smith Snow Stewart Stille Talley Taylor Thompson Toole Townsend Trotter Umphlett Vaughn Viers Walker Weeks Whipper White Whitmire Wilkins Witherspoon Young
I came in after the roll call and was present for the Session on Thursday, April 1.
Harry Ott Larry Koon Jesse Hines Joseph Neal Denny Neilson Douglas Jennings Gloria Haskins Alex Harvin
The SPEAKER granted Rep. TRIPP a leave of absence for the day.
The SPEAKER granted Rep. CLARK a leave of absence for the day due to the death of his mother.
Rep. GOVAN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Thursday, March 18.
Rep. GOVAN 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, March 23.
Rep. GOVAN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, March 31.
Announcement was made that Dr. Richard Kline of Charleston is the Doctor of the Day for the General Assembly.
Rep. COBB-HUNTER presented to the House the Holly Hill-Roberts "Bulldogs" Basketball Team, the Class AAA 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. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 4767 (Word version)
Date: ADD:
04/01/04 WHIPPER
Bill Number: H. 5009 (Word version)
Date: ADD:
04/01/04 COBB-HUNTER
Bill Number: H. 5066 (Word version)
Date: ADD:
04/01/04 HUGGINS
Bill Number: H. 4971 (Word version)
Date: ADD:
04/01/04 COBB-HUNTER
Bill Number: H. 4789 (Word version)
Date: ADD:
04/01/04 YOUNG
Bill Number: H. 4452 (Word version)
Date: ADD:
04/01/04 YOUNG
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. 920 (Word version) -- Senators Moore and Setzler: A BILL TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL IN THE AIKEN COUNTY SCHOOL DISTRICT CLOSED DUE TO SNOW, EXTREME WEATHER CONDITIONS, OR OTHER DISRUPTIONS MAY BE FORGIVEN IF APPROVED BY A MAJORITY VOTE OF THE LOCAL SCHOOL BOARD.
S. 921 (Word version) -- Senator Moore: A BILL TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL IN THE MCCORMICK COUNTY SCHOOL DISTRICT
S. 922 (Word version) -- Senator Moore: A BILL TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL IN THE EDGEFIELD COUNTY SCHOOL DISTRICT CLOSED DUE TO SNOW, EXTREME WEATHER CONDITIONS, OR OTHER DISRUPTIONS MAY BE FORGIVEN IF APPROVED BY A MAJORITY VOTE OF THE LOCAL SCHOOL BOARD.
S. 827 (Word version) -- Senators McConnell and J. V. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-1-80 SO AS TO REQUIRE AN INDIVIDUAL WHO HOLDS HIMSELF OUT AS A CERTIFIED INDUSTRIAL HYGIENIST OR A CERTIFIED SAFETY PROFESSIONAL TO BE CERTIFIED BY THE AMERICAN BOARD OF INDUSTRIAL HYGIENE OR THE BOARD OF CERTIFIED SAFETY PROFESSIONALS, RESPECTIVELY, AND TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS.
S. 934 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 7-7-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN ALLENDALE COUNTY, SO AS TO REVISE CERTAIN VOTING PRECINCTS IN ALLENDALE COUNTY, DESIGNATE 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.
The following Bills and Joint Resolution were taken up, read the third time, and ordered sent to the Senate:
H. 5056 (Word version) -- Reps. Stille, M. A. Pitts and Townsend: A BILL TO AMEND ACT 780 OF 1928, AS AMENDED, RELATING TO THE ELECTION OF THE BOARD OF TRUSTEES OF THE ABBEVILLE COUNTY MEMORIAL HOSPITAL, SO AS TO DELETE ARCHAIC REFERENCES THAT SPECIFY FROM WHICH VOTING
H. 5057 (Word version) -- Reps. Stille, M. A. Pitts and Townsend: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON FEBRUARY 27, 2004, BY THE STUDENTS OF A SCHOOL IN THE ABBEVILLE COUNTY SCHOOL DISTRICT WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS IS FORGIVEN FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
H. 4803 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 56-3-115, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF MOTOR VEHICLES ISSUING PERMITS TO OWNERS OF GOLF CARTS THAT ALLOW THE GOLF CARTS TO BE OPERATED ON HIGHWAYS AND STREETS, SO AS TO PROVIDE THAT TO OBTAIN A PERMIT THE OWNER OF A GOLF CART SHALL PROVIDE THE DEPARTMENT PROOF OF ITS OWNERSHIP.
H. 4688 (Word version) -- Reps. Davenport, Martin, Altman, Bailey, Barfield, Branham, Cato, Clark, Clyburn, Coates, J. Hines, M. Hines, Kirsh, Moody-Lawrence, Rivers, Scarborough, Sinclair, Snow, Stille and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-1-55 SO AS TO PROVIDE THAT A PERSON MAY NOT ISSUE OR SELL A GIFT CERTIFICATE WHICH PROVIDES THAT THE CERTIFICATE EXPIRES BEFORE THE FIRST ANNIVERSARY OF THE DATE ON WHICH THE CERTIFICATE IS ISSUED OR SOLD, TO PROVIDE EXCEPTIONS, AND TO PROVIDE THAT A CONDITION RELATING TO THE USE OF A GIFT CERTIFICATE MUST BE STATED CLEARLY ON THE CERTIFICATE IF THE CONDITION PROVIDES THAT THE CERTIFICATE DECREASES IN VALUE OVER A PERIOD OF TIME OR THAT A FEE IS CHARGED AGAINST THE BALANCE OF THE CERTIFICATE AFTER A CERTAIN PERIOD OF TIME.
The following Bill was taken up:
H. 4958 (Word version) -- Reps. Richardson and Kirsh: A BILL TO PROVIDE THAT SCHOOL DISTRICTS ONE THROUGH FOUR OF YORK COUNTY MAY NOT EXCEED THE CAP SET FOR MILLAGE ALLOWED TO BE ESTABLISHED TO COMPLY WITH THE MAINTENANCE OF LOCAL EFFORT REQUIREMENT PURSUANT TO THE EDUCATION FINANCE ACT.
Rep. KIRSH moved to table the Bill, which was agreed to.
The following Joint Resolution was taken up, read the second time, and ordered to a third reading:
S. 1104 (Word version) -- Senator Martin: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON FEBRUARY 26, 2004, BY THE STUDENTS OF A SCHOOL IN THE SCHOOL DISTRICT OF PICKENS COUNTY WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS, IS EXEMPTED FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
On motion of Rep. OWENS, with unanimous consent, it was ordered that S. 1104 (Word version) be read the third time tomorrow.
The following Bill was taken up:
H. 4589 (Word version) -- Reps. Cato, Sandifer, Lee, Anthony, Bailey, Battle, G. Brown, Ceips, Clemmons, Cooper, Duncan, Edge, Hamilton, Harrison, Hayes, Huggins, Jennings, Limehouse, Loftis, Martin, McCraw, Perry, Scarborough, W. D. Smith, Talley, Thompson, Townsend, Tripp, Trotter, Viers, Walker, White and Wilkins: A BILL TO AMEND CHAPTER 5, TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 SO AS TO PROVIDE FOR A PROCEDURE FOR THE ADJUSTMENT OF RATES AND
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\ 21104SD04), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. The General Assembly finds that there are important public benefits to be gained by increasing the stability and predictability of rates charged by natural gas distribution utilities in South Carolina. These utilities purchase natural gas from interstate and intrastate suppliers and deliver it to customers through the local distribution systems that they own and operate. The prices charged by these utilities are already subject to routine adjustments for changes in the prices of natural gas suppliers. Those changes in price are passed through to customers annually, with appropriate review by the South Carolina Public Service Commission, in purchased gas adjustment proceedings.
There is, however, no similar means for the predictable and routine adjustment of these utilities' other rate components. These components reflect the utilities' current levels of investment, revenue, and expense. Changing these cost and revenue items requires filing comprehensive rate proceedings. These proceedings are both expensive and time consuming and their costs are ultimately borne by the customers of the utilities through rates and by the people of this State through the budgets of the Public Service Commission and Department of Consumer Affairs.
Furthermore, in an effort to avoid or postpone rate proceedings, utilities may forego or delay investments in beneficial expansions or improvements of utility infrastructure. In addition, because of the expense and complexity of these proceedings, utilities often delay filing them until the required rate increase is substantial, and the need for the increase cannot be delayed any longer. As a result, such filings often come at irregular intervals, reflect large one-time rate increases, and are difficult to postpone even in periods of economic downturn.
For these reasons, proceedings under existing provisions of law tend to create more perceived economic hardship for consumers and engender more public controversy than would smaller and more regular rate adjustments spread over a number of years.
Natural gas distribution utilities are especially well-suited to a more streamlined and predictable ratemaking mechanism that would allow for routine adjustments in rate components. Natural gas distribution utilities generally experience steady and predictable changes in cost as distribution facilities are added to serve a growing customer base.
The General Assembly has determined that the best interests of the State support establishing a mechanism for the regular and periodic adjustment of the base rates of natural gas distribution utilities, and for natural gas distribution utilities only. These adjustments shall take place under procedural safeguards which fully preserve the power of the Public Service Commission to conduct comprehensive rate proceedings whenever it determines doing so to be in the public interest.
The General Assembly is providing the State's natural gas consumers and its gas utilities with an efficient rate setting mechanism that will allow for more periodic yet generally smaller rate adjustments. It encourages investment in new, updated, and expanded gas infrastructure thereby encouraging additional economic development in the State. It also dramatically reduces the costs of proceedings to adjust gas rates and thereby reduces costs for consumers and the public.
SECTION 2. Chapter 5 of Title 58 of the 1976 Code is amended by adding:
Section 58-5-400. This article may be cited as the 'Natural Gas Adjustment Act.'
Section 58-5-410. A public utility providing natural gas distribution service, in its discretion and at anytime, may elect to have the terms of this article apply to its rates and charges for gas distribution service, on a prospective basis, by filing a notice of the election with the commission. Upon receipt of notice of the election, the commission shall proceed to make the findings and establish the ongoing procedures required for adjustments in base rates to be made under this article. In carrying out the procedures established by this article with respect to such an election, the commission shall rely upon and utilize the approved rates, charges, revenues, expenses, capital
Section 58-5-415. The election by a utility to have the terms of this article apply to its rates and charges for gas distribution service once made shall remain in effect until the next general rate proceeding for the public utility pursuant to Section 58-5-240 at which time the public utility may then elect to continue the applicability of this article to its rates and charges or elect to opt out of the provisions of this article. The applicant may withdraw its request to come under the terms of this article at any time before the entry of a final order of the commission on the merits of proceeding in which the election is made or on a petition for rehearing in the proceeding.
Section 58-5-420. In issuing its order pursuant to Section 58-5-410, and in addition to the other requirements of Section 58-5-240, if a proceeding pursuant to that section is required:
(1) the commission shall specify a range for the utility's cost of equity that includes a band of fifty basis points (0.50 percentage points) below and fifty basis points (0.50 percentage points) above the cost of equity on which rates have been set;
(2) the commission separately shall state the amount of the utility's net plant in service, construction work in progress, accumulated deferred income taxes, inventory, working capital, and other rate base components. It shall also state the utility's depreciation expense, operating and maintenance expense, income taxes, taxes other than income taxes, and other components of income for return, and its revenues, its capital structure, cost of debt, and overall cost of capital and earned return on common equity. The figures stated shall be those which the commission has determined to be the appropriate basis on which rates were set in the applicable orders.
Section 58-5-430. The utility shall file with the commission monitoring reports for each twelve-month period ending on March thirty-first, June thirtieth, September thirtieth, and December thirty-first of each year, the filings to be made no later than the fifteenth day of the
(1) the utility's actual net plant in service, construction work in progress, accumulated deferred income taxes, inventory, working capital, and other rate base components. The report shall also show the utility's depreciation expense, operating and maintenance expense, income taxes, taxes other than income taxes, and other components of income for return, and its revenues, and its capital structure, cost of debt, overall cost of capital, and earned return on common equity;
(2) all applicable accounting and pro-forma adjustments historically permitted or required by the commission for the utility in question, or for similarly situated utilities, or authorized by general principles of utility accounting, or authorized by accounting letters or orders issued by the commission. This authorization may occur either in a general rate hearing or in any other type of filing or hearing that the commission considers appropriate. However, other parties shall be given sufficient opportunity to review and provide comments on any proposed accounting letter or order issued after the initial order allowing future base rate adjustments pursuant to this article;
(3) pro-forma adjustments to annualize for the twelve-month period any rate adjustments imposed pursuant to this article or other events affecting only part of the period covered by the filing so that the annualization is required to show the effects of those events on the utility's earnings going forward;
(4) pro-forma or other adjustments are required to properly account for atypical, unusual, or nonrecurring events.
Section 58-5-440. In the monitoring report filed for the twelve-month period ending March thirty-first of each year, the utility shall provide additional schedules indicating the following revenue calculations:
(1) if the utility's earnings exceed the upper end of the range established in the order, the utility shall calculate the reduction in revenue required to lower its return on equity to the midpoint of the range established in the order;
(2) if the utility's earnings are below the lower range established in the order, the utility shall calculate the additional revenue required to increase its return on equity to the mid point of the range established by the order.
The utility also shall provide a schedule that specifies changes in its tariff rates required to achieve any indicated change in revenue.
The proposed rate changes, filed by the utility, shall conform as nearly as is practicable with the revenue allocation principles contained in the most recent rate order.
Section 58-5-450. The commission shall review the monitoring report filed pursuant to Section 58-5-440 to determine compliance with its terms taking into account any adjustments the commission determines to be required to bring the report into compliance with Section 58-5-440, and based upon the findings of any audit conducted by the office of regulatory staff concerning compliance with Section 58-5-440, the commission shall order the utility to make the adjustments to tariff rates necessary to achieve the revenue levels indicated in Section 58-5-440.
Section 58-5-455. The procedures contained in this section shall apply to monitoring reports related to the quarter ending March thirty-first:
(1) the utility shall file the monitoring reports with the commission on or before June fifteenth and simultaneously shall mail or electronically transmit copies to any interested parties who have requested in writing to receive them;
(2) interested parties shall be allowed until July fifteenth to file comments in writing to the commission and the office of regulatory staff concerning the monitoring report;
(3) in cases where the monitoring report indicates rate adjustments are required, or where it otherwise appears to the commission that an adjustment in rates may be warranted under this article, the office of regulatory staff shall conduct an audit of the monitoring report and specify any changes that staff determines to be necessary to correct errors in the report or to otherwise bring the report into compliance with this article. The office of regulatory staff audit reports shall be provided to the commission, the utility and made available to all interested parties no later than September first;
(4) interested parties shall be allowed until September fifteenth to file written comments with the commission and the office of regulatory staff related to the staff's audit report and shall simultaneously mail or electronically transmit copies of these comments to the utility and to all parties who previously appeared and filed comments;
(5) on or before October fifteenth the commission shall issue an order setting forth any changes required in the utility's request to adjust
(6) any gas rate adjustments authorized under the terms of this article shall take effect for all bills rendered on or after the first billing cycle of November of that year.
Section 58-5-460. Within thirty days of the issuance of an order pursuant to Section 58-5-450, or within thirty days of the failure by the commission to issue an order as required pursuant to Section 58-5-450, any aggrieved party may petition the commission for review of the order or failure to issue an order and all interested parties of record shall have a right to be heard at an evidentiary hearing on the matter.
Section 58-5-465. After conducting the hearing required by Section 58-5-460, the commission shall issue an order that:
(1) sets forth any changes that are required to the rates approved in the initial order issued under Section 58-5-455(5);
(2) determines the amount of any over or under-collection by the utility that resulted from collection of the rates authorized in the initial order as compared to the rates authorized in the order issued under this section;
(3) establishes a credit to refund the amount of any over collection, or a surcharge to collect the amount of any under collection, and requires the utility to apply the credit or surcharge until such time as the over or under collection is exhausted.
The commission shall issue any order required under this section by February fifteenth of the year following the year in which the monitoring report was filed. The order shall make the corrected rates and the credit or surcharge if any effective as of the first billing cycle of March of that year.
The provisions of Sections 58-5-330 and 58-5-340 concerning rehearing and appeal shall apply to the orders issued pursuant to this section.
Section 58-5-470. The review of initial orders pursuant to Sections 58-5-460 and 58-5-465 is limited to issues related to compliance with the terms of this article. Matters determined in orders issued pursuant to Section 58-5-420 are not subject to review except in full rate proceedings pursuant to Section 58-5-240. Any proceedings pursuant to this article are without prejudice to the right of the commission to issue or any interested party to request issuance of a rule to show cause why a full rate proceeding should not be initiated, nor does this article limit the right of a utility to file an application pursuant
Rep. SANDIFER explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. SANDIFER, with unanimous consent, it was ordered that H. 4589 (Word version) be read the third time tomorrow.
The following Bill was taken up:
H. 4767 (Word version) -- Reps. J. E. Smith, Harrison, Scott and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-5-175 SO AS TO REQUIRE THAT THE BOARD OF VOTER REGISTRATION IN EACH COUNTY PROVIDE VOTER REGISTRATION APPLICATION FORMS IN EACH HIGH SCHOOL IN THE COUNTY FOR USE BY STUDENTS WHO ATTAIN THE AGE OF EIGHTEEN.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\3812DW04), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 5, Title 7 of the 1976 Code is amended by adding:
"Section 7-5-175. Each high school shall make voter registration applications available. The board of voter registration in each county or the entity charged by law with registering an elector, shall provide voter registration application forms at the request of the high school administration."
Rep. SIMRILL explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. SIMRILL, with unanimous consent, it was ordered that H. 4767 (Word version) be read the third time tomorrow.
The following Bill was taken up:
H. 4575 (Word version) -- Reps. Sheheen, McGee and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-862 SO AS TO REQUIRE A CLERK OF COURT TO SERVE NOTICE OF A RULE TO SHOW CAUSE HEARING FOR AN ARREARAGE IN CHILD SUPPORT OR PERIODIC ALIMONY TO THE PARTY OWED THE SUPPORT.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\10155SJ04), which was adopted:
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. Subarticle 3, Article 9, Chapter 7, Title 20 of the 1976 Code is amended by adding:
"Section 20-7-862. (A) If the court issues a rule to show cause in a case of child support or periodic alimony arrearage, the court also shall provide written notice to the party owed the support. The notice must be provided at least five days before the hearing and must include the date, time, and place the party in arrears has been ordered to appear.
(B) The clerk of court shall place in the case file a notice issued with the time and date stamped on it."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. ALTMAN, with unanimous consent, it was ordered that H. 4575 (Word version) be read the third time tomorrow.
The following Bill was taken up:
H. 3967 (Word version) -- Reps. Hamilton, Leach and Vaughn: A BILL TO AMEND SECTION 50-11-565, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF CROSSBOW WHILE HUNTING, SO AS TO FURTHER PROVIDE THAT IT IS NOT UNLAWFUL FOR A PERSON SIXTY-TWO YEARS OF AGE OR OLDER TO USE A CROSSBOW TO HUNT DURING SEASONS WHEN THE USE OF PRIMITIVE WEAPONS ARE AUTHORIZED FOR HUNTING.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\21132SD04), which was adopted:
Amend the bill, as and if amended, by striking subsection (D) of Section 50-11-565 of the 1976 Code, as contained in SECTION 1, and inserting:
/ (D) Notwithstanding this section or another provision of law, it is not unlawful for a person sixty-two years of age or older to use a crossbow to hunt during seasons when the use of archery only is authorized for hunting. /
Renumber sections to conform.
Amend title to conform.
Rep. WITHERSPOON explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. WITHERSPOON, with unanimous consent, it was ordered that H. 3967 (Word version) be read the third time tomorrow.
The following Bill was taken up:
H. 4070 (Word version) -- Rep. Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-1-87 SO AS TO ENACT THE "AQUATIC LIFE PROTECTION ACT" TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO IMPOSE NPDES PERMIT LIMITATIONS FOR TOXICITY IF A DISCHARGE HAS THE REASONABLE POTENTIAL TO IMPACT WATER QUALITY UNDER CERTAIN CONDITIONS AND TO FURTHER DIRECT THE DEPARTMENT IN TESTING AND DEVELOPING METHODOLOGIES TO IMPLEMENT THIS REQUIREMENT.
Rep. LOFTIS explained the Bill.
Rep. KIRSH made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Joint Resolution was taken up:
H. 5061 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO WATER QUALITY CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2871, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. LOURIE made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 3929 (Word version) -- Reps. Wilkins and Harrell: A BILL TO ENACT THE SOUTH CAROLINA LIFE SCIENCES ACT, BY DEFINING A LIFE SCIENCES FACILITY AND PROVIDING THAT A LIFE SCIENCES FACILITY PROJECT IN WHICH IS INVESTED AT LEAST ONE HUNDRED MILLION DOLLARS AND AT WHICH AT LEAST TWO HUNDRED NEW JOBS ARE CREATED WITH ANNUAL CASH COMPENSATION AT LEAST ONE HUNDRED FIFTY PERCENT OF AVERAGE PER CAPITA INCOME IN THIS STATE IS ELIGIBLE FOR EMPLOYEE RELOCATION EXPENSE REIMBURSEMENT AND THE WAIVER ALLOWED ON THE LIMIT FOR JOB DEVELOPMENT CREDITS FOR PURPOSES OF THE ENTERPRISE ZONE ACT OF 1995, TO ALLOW A TAXPAYER OPERATING A LIFE SCIENCES FACILITY TO ENTER INTO AN AGREEMENT WITH THE DEPARTMENT OF REVENUE NOT TO EXCEED FIFTEEN YEARS DURATION FOR ALLOCATION AND APPORTIONMENT FOR PURPOSES OF CORPORATE INCOME TAX, TO AMEND SECTION 12-37-930, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPRECIATION ALLOWANCE FOR PURPOSES OF THE PROPERTY TAX, SO AS TO INCREASE THE ANNUAL DEPRECIATION ALLOWANCE FOR USE OF CLEAN ROOMS FROM TEN TO FIFTEEN PERCENT AND TO PROVIDE A TWENTY PERCENT ANNUAL DEPRECIATION ALLOWANCE FOR MACHINERY AND EQUIPMENT USED FOR MANUFACTURING IN A LIFE SCIENCES FACILITY AND TO DEFINE "LIFE SCIENCES FACILITY", TO AMEND SECTIONS 11-41-20, 11-41-30, AND 11-41-70, RELATING TO THE STATE GENERAL OBLIGATION ECONOMIC DEVELOPMENT BOND ACT, SO AS TO REVISE ITS FINDINGS, DEFINITIONS, AND NOTICE REQUIREMENTS TO ALLOW SUCH BONDS TO BE USED FOR INFRASTRUCTURE FOR A LIFE SCIENCES
Reps. WILKINS and HARRELL proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\21146SD04), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. (A) This section may be cited as the South Carolina Life Sciences Act.
(B) For purposes of this section, a "life sciences facility" means a business engaged in pharmaceutical, medicine, and related laboratory instrument manufacturing, processing, or research and development. Included in this definition are the following North American Industrial Classification Systems, NAICS Codes published by the Office of Management and Budget of the federal government:
(1) 3254 Pharmaceutical and Medical Manufacturing;
(2) 334516 Analytical Laboratory Instrument Manufacturing.
(C)(1) For all purposes of Chapter 10, Title 12 of the 1976 Code, the Enterprise Zone Act of 1995, including all definitions applicable to that chapter:
(a) Employee relocation expenses that qualify for reimbursement pursuant to Section 12-10-80(C)(3)(f) of the 1976 Code include such expenses associated with a new or expanded life sciences facility investing a minimum of one hundred million dollars in the project, as defined in Section 12-10-30(8) of the 1976 Code, and creating at least two hundred new full-time jobs at the project with an average annual cash compensation of at least one hundred fifty percent of annual per capita income in this State or the county in which the facility is located, whichever is less. Per capita income must be determined using the most recent per capita income data available as of the end of the taxable year in which the jobs are filled.
(b) The waiver that may be approved by the Coordinating Council for Economic Development pursuant to Section 12-10-80(D)(2) of the 1976 Code on maximum job development credits that may be claimed also may be approved for a life sciences facility meeting the requirements of subitem (a) of this subsection. In determining whether to approve a waiver for such a facility, the Coordinating Council for Economic Development shall consider the creditworthiness of the business and economic viability of the project, as defined in Section 12-10-30(8) of the 1976 Code.
(2) The provisions of item (1) of this subsection apply with respect to capital investment made and new jobs created after June 30, 2004, and before July 1, 2008.
(D) In the case of a taxpayer establishing a life sciences facility meeting the requirements of subsection (C)(1)(a) of this section, the South Carolina Department of Revenue, in its discretion, may enter into an agreement with the taxpayer pursuant to Section 12-6-2320 of the 1976 Code for a period not to exceed fifteen years if the facility otherwise meets the requirements of that section.
SECTION 2. A. Section 12-37-930(34) of the 1976 Code, as last amended by Section 3(Q)2, Act 399 of 2000, is further amended to read:
"34. Use of Clean Rooms ............... 10% 15%
A manufacturer who uses a Class 100 or better clean room, as that term is defined in Federal Standard 209E, in manufacturing its product may elect an annual allowance for depreciation for property tax purposes of ten fifteen percent on clean room modules and associated mechanical systems, and on process piping, wiring environmental systems, and water purification systems associated with the clean room instead of a depreciation allowance for which the manufacturer otherwise is entitled. Included are waffle flooring, wall and ceiling panels, foundation improvements that isolate the clean room to control vibrations, clean air handling and filtration systems, piping systems for fluids and gases used in the manufacturing process and in the clean room that touch the product during the process, flat panel displays, and liquid crystal displays, process equipment energy control systems, ultra pure water processing and wastewater recycling systems, and safety alarm and monitoring systems.
35. Life sciences............................. 20%
Includes machinery and equipment used directly in the manufacturing process by a life sciences facility. For purposes of this item, life sciences facility means a business engaged in pharmaceutical,
(i) 3254 Pharmaceutical and Medical Manufacturing;
(ii) 334516 Analytical Laboratory Instrument Manufacturing."
B. In the case of machinery and equipment otherwise eligible for the depreciation allowed pursuant to Section 12-37-930 of the 1976 Code, as amended in subsection A of this section, if the project with which the machinery and equipment is associated is the subject of an inducement agreement between the project sponsor and the county, the initial inducement agreement must have been entered into between these parties after September 1, 2003.
C. Section 11-41-20(3) of the 1976 Code, as added by Act 254 of 2002, is amended to read:
"(3) In order to foster economic development and to encourage the creation of high-paying jobs in the life sciences industry within the State, it is in the best interests of the State that the limitation on general obligation debt imposed by Article X, Section 13(6)(c) be increased to five and one-half percent with the additional debt service capacity available at any time as a consequence of the increase available only for the repayment of general obligation bonds issued to provide infrastructure required for significant economic development projects within the State, including those related to the life sciences industry that create high-paying jobs and meet certain investment criteria; and that a designated principal amount of general obligation bonds issued pursuant to the existing debt limit and the debt limit as increased by this section be provided additional constitutional authorization pursuant to Article X, Section 13(5) of the Constitution of this State, 1895."
D. Section 11-41-30 of the 1976 Code, as added by Act 254 of 2002, is amended to read:
"Section 11-41-30. As used in this chapter:
(1) 'Department' means the State Department of Commerce.
(2)(a) 'Economic development project' or 'project' means a project in this State as defined in Section 12-44-30(16) in which a total of at least four hundred million dollars is invested in the project by the sponsor and at least four hundred new jobs are created at the project by the sponsor. To qualify as an economic development project for purposes of this chapter, the investment and job creation requirements must be attained no later than the eighth year after the project first begins operations.
(b) 'Project' also includes a life sciences facility in this State defined as a business engaged in pharmaceutical, medicine, and related laboratory instrument manufacturing, processing, or research and development. Included in this definition are the following North American Industrial Classification Systems, NAICS Codes published by the Office of Management and Budget of the federal government:
(i) 3254 Pharmaceutical and Medical Manufacturing;
(ii) 334516 Analytical Laboratory Instrument Manufacturing.
With respect to a life sciences facility, the sponsor must invest in the project at least one hundred million dollars and create at the project at least two hundred new jobs with an average annual cash compensation level of at least twice the annual per capita income in this State. Per capita income must be determined by using the most recent per capita income data available at the time the request for funding is made pursuant to this chapter.
(c) To qualify as an economic development project under either subitem (a) or (b) of this item for purposes of this chapter, the investment and job creation requirements must be attained no later than the eighth year after the project first begins operations.
(3) 'Infrastructure' must relate specifically to, but is not required to be located at, the economic development project and means:
(a) land acquisition;
(b) site preparation;
(c) road and highway improvements;
(d) rail spur construction;
(e) water service;
(f) wastewater treatment;
(g) employee training which may include equipment used for such purpose;
(h) environmental mitigation; and
(i) training and research facilities and the necessary equipment therefor.
(4) 'Investment' means money expended by the sponsor on capital assets directly related to the economic development project and does not include amounts expended in aid of the project by the State pursuant to this chapter or otherwise, or amounts expended in aid of the project by a county, municipality, or a special purpose district, however financed.
(5) (7) 'New job' means a full-time job created in this State at an economic development project. The term does not include a job created when an employee is shifted from an existing location in this State to a new or expanded facility whether the transferred job is from, or to, a project of the sponsor or a related person. A related person includes any entity or person that bears a relationship to the sponsor as described in Section 267 of the Internal Revenue Code of 1986. Full time means a job requiring a minimum of thirty-five hours of an employee's time a week for the entire normal year of sponsor operations or a job requiring a minimum of thirty-five hours of an employee's time a week for a year if the employee was hired initially for or transferred to the project. Two half-time jobs are considered one full-time job. A half-time job is a job requiring a minimum of twenty hours of an employee's time a week otherwise meeting the full-time job requirements.
(6) 'Secretary' means the secretary of the department.
(5)(7) 'Sponsor' means a sole proprietor, partnership, corporation of any classification, limited liability company, or association taxable as a business entity or any combination of these entities.
(6)(8) 'State general obligation economic development bonds' or 'economic development bonds' or 'bonds' means general obligation bonds of this State issued under the authority of this chapter."
E. Section 11-41-50 of the 1976 Code, as added by Act 254 of 2002, is amended to read:
"Section 11-41-50. (A) Pursuant to Article X, Section 13(6)(c) of the Constitution of this State, 1895, the General Assembly provides that economic development bonds may be issued under this chapter only at such times as the maximum annual debt service on all general obligation bonds of the State, including economic development bonds outstanding and being issued, but excluding highway bonds, state institution bonds, tax anticipation notes, and bond anticipation notes, must will not exceed five and one-half percent of the general revenues
(B) With respect to the first eight hundred fifty million dollars in principal amount of general obligation bonds issued after the effective date of this chapter within the debt service constraints set forth in subsection (A) of this section, the General Assembly provides additional constitutional authorization for such bonds pursuant to Article X, Section 13(5) of the Constitution of this State, 1895."
F. Section 11-41-60 of the 1976 Code, as added by Act 254 of 2002, is amended to read:
"Section 11-41-60. At the time of issuance of economic development bonds pursuant to this chapter, the maximum annual debt service on such bonds issued pursuant to this chapter outstanding or being issued must not exceed one-half of one percent of the general revenues of this State for the fiscal year next preceding, excluding revenues which are authorized to be pledged for state highway bonds and state institution bonds."
G. Section 11-41-70 of the 1976 Code, as added by Act 254 of 2002, is amended to read:
"Section 11-41-70. Before issuing economic development bonds to defray the cost of infrastructure, the department shall notify the Joint Bond Review Committee and the State Budget and Control Board of the following:
(1) the amount then required for allocation to the department to defray the costs of the proposed infrastructure;
(2) a description of the infrastructure for which the bonds are to be issued, including a certification by the secretary of the department that each the economic development project to benefit from the expenditure of the proceeds of the bonds consists of the following:
(a) an investment in the State by the sponsor at the project of not less than four hundred million dollars and creates creation at the project of no fewer than four hundred new jobs; or
(b) in the case of a life sciences facility, an investment by the sponsor in the project of not less than one hundred million dollars and creation at the project of no fewer than two hundred new jobs with an average cash compensation of at least twice the per capita income in this State. Per capita income must be determined by using the most recent per capita income data available at the time the request for funding is made pursuant to this chapter.
(3) a tentative time schedule setting forth the period of time during which the sum requested is to be expended;
(4) a debt service table showing the annual principal and interest requirements for all bonds then outstanding; and
(5) the total amount of all bonds issued."
H. Section 11-41-120 of the 1976 Code, as added by Act 254 of 2002, is amended to read:
"Section 11-41-120. All bonds issued under this chapter must be signed by the Governor and the State Treasurer and attested by the Secretary of State. The Governor, and State Treasurer, and Secretary of State may sign these obligations by a facsimile of their signatures. The Great Seal of the State must be affixed to, impressed on, or reproduced upon each of them and each must be attested by the Secretary of State. The delivery of the bonds executed and authenticated, as provided in the resolution, is valid notwithstanding changes in officers or seal occurring after the execution or authentication."
SECTION 3. Beginning January 1, 2005, the Department of Revenue annually shall report to the Joint Committee on Taxation the revenue impact of this act, and the Department of Commerce annually shall report the cost and benefit of this act, together with the job creation and capital investment made by qualifying businesses.
SECTION 4. 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.
SECTION 5. The provisions of this act and the related provisions of the 1976 Code amended herein as they relate to pharmaceutical and medical manufacturing, research and development, and analytical
Rep. HARRELL explained the amendment.
The amendment was then adopted.
The question then recurred to the passage of the Bill, as amended, on second reading.
Rep. HARRELL demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Altman Anthony Bailey Bales Barfield Battle Bingham Bowers Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chellis Clemmons Clyburn Coates Cobb-Hunter Coleman Cooper Cotty Delleney Duncan Edge Emory Freeman Frye Gourdine Govan Hagood Hamilton Harrell Harrison Hayes Herbkersman J. Hines M. Hines Hinson Hosey Howard Huggins Keegan Kennedy Kirsh Koon Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack Mahaffey McCraw McGee
Merrill Miller Moody-Lawrence J. H. Neal J. M. Neal Ott Owens Parks Pinson E. H. Pitts M. A. Pitts Quinn Rhoad Rice Richardson Rutherford Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. Smith F. N. Smith G. M. Smith G. R. Smith J. E. Smith J. R. Smith W. D. Smith Snow Stewart Stille Talley Taylor Thompson Toole Townsend Trotter Umphlett Vaughn Viers Walker Weeks Whipper White Whitmire Wilkins 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 out of the Chamber for the vote on H. 3929. I wish to vote yes on the Bill.
Rep. Gloria Arias Haskins
On motion of Rep. HARRELL, with unanimous consent, it was ordered that H. 3929 (Word version) be read the third time tomorrow.
Rep. SCOTT asked unanimous consent to recall H. 3132 (Word version) from the Committee on Judiciary.
Rep. ALTMAN objected.
The following Bills were taken up, read the third time, and ordered sent to the Senate:
H. 3827 (Word version) -- Reps. Hinson, Keegan, Viers, Merrill, Barfield, Clemmons, Dantzler, Frye, Gilham, Huggins, Koon, Limehouse, Pinson, E. H. Pitts, Richardson, Scarborough, Simrill, Stille, Vaughn and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 56-1-146, 56-1-147, AND 56-1-148 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MUST BE NOTIFIED OF PERSONS CONVICTED OF CERTAIN FELONIES AND PERSONS INCARCERATED OR ON PAROLE OR PROBATION FOR CERTAIN FELONIES SO THAT AN IDENTIFYING CODE CAN BE AFFIXED TO THEIR DRIVERS' LICENSES OR SPECIAL IDENTIFICATION CARDS IN A SPECIFIED MANNER; TO AMEND SECTION 56-1-80, AS AMENDED, RELATING TO THE CONTENTS OF A DRIVER'S LICENSE APPLICATION, SO AS TO PROVIDE THAT AN APPLICATION MUST CONTAIN A STATEMENT TO DETERMINE WHETHER THE APPLICANT HAS BEEN CONVICTED OF CERTAIN FELONIES IN THIS STATE AND, IF SO, THE FELONY; TO AMEND SECTION 56-1-140, AS AMENDED, RELATING TO THE ISSUANCE OF A DRIVER'S LICENSE, SO AS TO PROVIDE THAT A DRIVER'S LICENSE MUST HAVE A ONE-DIGIT CODE IF THE PERSON HAS BEEN CONVICTED OF CERTAIN FELONIES UNDER THE LAWS OF THIS STATE IDENTIFYING THE PERSON IN THIS MANNER, AND TO PROVIDE THAT THIS CODE MUST BE MADE KNOWN TO THE APPROPRIATE LAW ENFORCEMENT OFFICERS OF THE STATE; TO AMEND SECTION 56-1-3350, AS AMENDED, RELATING TO THE ISSUANCE OF SPECIAL IDENTIFICATION CARDS, SO AS TO PROVIDE THAT AN APPLICATION FOR A SPECIAL IDENTIFICATION CARD MUST REQUEST WHETHER THE APPLICANT HAS EVER BEEN CONVICTED OF CERTAIN FELONIES IN THIS STATE; AND TO AMEND SECTION 56-1-3370, RELATING TO THE SIZE, SHAPE, AND DESIGN OF A SPECIAL IDENTIFICATION CARD, SO AS TO PROVIDE THAT A SPECIAL IDENTIFICATION CARD MUST HAVE A ONE-DIGIT CODE IF THE PERSON HAS BEEN CONVICTED OF CERTAIN FELONIES UNDER THE LAWS OF THIS STATE IDENTIFYING THE PERSON IN THIS MANNER,
H. 4291 (Word version) -- Reps. White, Branham, Clark, Trotter, M. A. Pitts and Owens: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 TO CHAPTER 33, TITLE 40 SO AS TO ENACT THE NURSE LICENSURE COMPACT WHICH ENTERS SOUTH CAROLINA INTO A MULTI-STATE NURSE LICENSURE COMPACT TO PROVIDE FOR THE RECIPROCAL PRACTICE OF NURSING AMONG THE STATES THAT ARE PARTIES TO THE COMPACT; TO PROVIDE FOR THE STANDARDS AND PROCEDURES THAT APPLY TO PRACTICING NURSING IN OTHER STATES PURSUANT TO THE COMPACT; TO PROVIDE FOR A COORDINATED LICENSURE INFORMATION SYSTEM FOR SHARING DATA AMONG THE COMPACT STATES AND TO PROVIDE PROCEDURES FOR DISPUTE RESOLUTION AND DISCIPLINARY ACTION; AND TO FURTHER PROVIDE FOR THE REGULATION OF NURSES LICENSED IN STATES THAT ARE PARTIES TO THE COMPACT.
Rep. TROTTER moved that the House recur to the Morning Hour, which was agreed to.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 4734 (Word version) -- Reps. Howard, Cobb-Hunter, Gourdine, Jennings, Lee, J. H. Neal, Weeks, Ott, Lourie, Kennedy, Harvin and Coleman: A BILL TO AMEND SECTIONS 2-19-10, 2-19-20, 2-19-35, 2-19-70, AND 2-19-80, ALL AS AMENDED, AND SECTION 2-19-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE JUDICIAL MERIT SELECTION COMMISSION, ALL SO AS TO CHANGE THE COMMISSION'S PROCESS FOR NOMINATING JUDICIAL CANDIDATES FROM THE NOMINATION OF THREE CANDIDATES TO THE RELEASE OF A LIST OF ALL QUALIFIED CANDIDATES TO THE GENERAL
The following Bill was introduced, read the first time, and referred to appropriate committee:
H. 5081 (Word version) -- Reps. Loftis, Altman, R. Brown, Ceips, Clemmons, Coates, Delleney, Duncan, Herbkersman, Kirsh, Lucas, Owens, Perry, Pinson, M. A. Pitts, Quinn, Sandifer, Scarborough, G. M. Smith, G. R. Smith, Stewart, Taylor and Vaughn: A BILL TO AMEND SECTION 1-23-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCEDURES FOR THE PUBLICATION OF NOTICES OF PROPOSED REGULATIONS UNDER THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO PROVIDE THAT PROPOSED REGULATIONS MUST HAVE AN ECONOMIC IMPACT STATEMENT; AND TO AMEND SECTION 1-23-115, AS AMENDED, RELATING TO REGULATIONS WHICH REQUIRE ASSESSMENT REPORTS AND THE CONTENT OF THESE ASSESSMENT REPORTS, SO AS TO REVISE THE REQUIRED CONTENT OF THESE ASSESSMENT REPORTS INCLUDING A REQUIREMENT FOR AN ECONOMIC IMPACT STATEMENT AND THE MANNER IN WHICH THESE REPORTS ARE DISTRIBUTED.
Referred to Committee on Judiciary
On motion of Rep. OTT, with unanimous consent, the following was taken up for immediate consideration:
H. 5082 (Word version) -- Rep. Ott: A CONCURRENT RESOLUTION TO PROCLAIM APRIL 3, 2004, AS ELECTRONICS RECYCLING AWARENESS DAY IN THE STATE OF SOUTH CAROLINA AND TO RECOGNIZE THE IMPORTANCE OF RECYCLING ELECTRONICS AND THE POSITIVE EFFECTS IT WILL HAVE ON THE STATE AND THE NATION.
Whereas, discarded electronic equipment like computers, printers, fax machines, televisions, and cell phones is one of the nation's and the state's fastest-growing waste streams; and
Whereas, discarded electronic equipment, also known as e-waste, contains lead, mercury, and other toxic materials that pose a risk to human health and the environment and the proper management and recycling of e-waste reduces that risk; and
Whereas, a comprehensive electronics recycling collection program would benefit residents and business owners through the creation of a competitive market place for recycling scrap electronics, resulting in new jobs and business opportunities as well as eliminating the potential liability associated with landfilling toxic materials; and
Whereas, Dell Inc. has developed the "No Computer Should Go to Waste" program to assist communities throughout the United States as well as here in South Carolina to raise awareness about the proper management of e-waste; and
Whereas, outreach and education show the importance of recycling e-waste in protecting our health and the environment and encouraging us to find permanent, responsible, and affordable end-of-life solutions. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, proclaim April 3, 2004, as Electronics Recycling Awareness Day in the State of South Carolina and recognize the importance of recycling electronics and the positive effects it will have on the State and the nation.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. RUTHERFORD, with unanimous consent, the following was taken up for immediate consideration:
H. 5083 (Word version) -- Rep. Rutherford: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH CAROLINA TO THE MEMBERS OF THE BENEDICT COLLEGE MENS BASKETBALL TEAM AND THEIR HEAD COACH FRED WATSON, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, TO CONGRATULATE THEM ON THEIR EXCEPTIONAL SEASON, AND TO WISH THEM CONTINUED SUCCESS IN THE FUTURE.
Be it resolved by the House of Representatives:
That the members of the House of Representatives of the State of South Carolina, by this resolution, extend the privilege of the floor to the members of the Benedict College Mens Basketball Team and their Head Coach Fred Watson, at a date and time to be determined by the Speaker, to congratulate them on their exceptional season, and to wish them continued success in the future.
The Resolution was adopted.
On motion of Rep. RUTHERFORD, with unanimous consent, the following was taken up for immediate consideration:
H. 5084 (Word version) -- Rep. Rutherford: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH CAROLINA TO THE MEMBERS OF THE BENEDICT COLLEGE WOMENS BASKETBALL TEAM AND THEIR HEAD COACH MAURICE BAILEY, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, TO CONGRATULATE THEM ON THEIR EXCEPTIONAL SEASON, AND TO WISH THEM CONTINUED SUCCESS IN THE FUTURE.
Be it resolved by the House of Representatives:
The Resolution was adopted.
Rep. COTTY asked unanimous consent to recall S. 946 (Word version) from the Committee on Education and Public Works.
Rep. MOODY-LAWRENCE objected.
Rep. LITTLEJOHN asked unanimous consent to recall H. 5076 (Word version) from the Committee on Medical, Military, Public and Municipal Affairs.
Rep. J. BROWN objected.
On motion of Rep. COTTY, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works:
S. 946 (Word version) -- Senator Patterson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY DESIGNATING SECTIONS 59-53-1710 THROUGH 59-53-1760 AS SUBARTICLE 1 AND ENTITLED "GENERAL PROVISIONS" OF ARTICLE 20, CHAPTER 53, TITLE 59; AND BY ADDING SUBARTICLE 3 TO ARTICLE 20, CHAPTER 53, TITLE 59, RELATING TO THE MIDLANDS TECHNICAL COLLEGE, SO AS TO PROVIDE FOR THE POWERS AND DUTIES OF THE COMMISSION FOR PURPOSES OF THE DEVELOPMENT OF THE NORTHEAST CAMPUS, TO PROVIDE FOR THE CREATION OF THE MIDLANDS TECHNICAL COLLEGE ENTERPRISE CAMPUS AUTHORITY, AND TO PROVIDE FOR ITS POWERS AND DUTIES.
Rep. CLYBURN moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 5022 (Word version) -- Reps. Richardson, Kirsh, Simrill, Moody-Lawrence, Emory, Delleney and McCraw: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE SUTTON ROAD EXIT ON I-77 IN YORK COUNTY IN HONOR OF CHARLES E. POWERS, MAYOR OF THE TOWN OF FORT MILL, IN RECOGNITION OF HIS OUTSTANDING SERVICE TO HIS COMMUNITY AND THE CITIZENS OF FORT MILL AND PLACE APPROPRIATE SIGNS OR MARKERS AT THE INTERCHANGE.
H. 5054 (Word version) -- Reps. Harrison, Limehouse, Lee, Miller and Cooper: A CONCURRENT RESOLUTION TO CONGRATULATE AND MEMORIALIZE PALMETTOPRIDE FOR RECEIVING THE KEEP AMERICA BEAUTIFUL GOLD AWARD AND FOR THE KEEP SOUTH CAROLINA BEAUTIFUL AFFILIATES RECEIVING TWENTY-TWO OTHER NATIONAL AWARDS AND TO DECLARE APRIL TWENTIETH AS PALMETTOPRIDE DAY.
H. 5065 (Word version) -- Rep. Delleney: A CONCURRENT RESOLUTION TO CONGRATULATE THE GREAT FALLS "RED DEVILS" BOYS BASKETBALL TEAM AND COACH JOHN SMITH FOR WINNING THE 2004 STATE CLASS A BASKETBALL CHAMPIONSHIP.
H. 5074 (Word version) -- Rep. Rutherford: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE BENEDICT COLLEGE "TIGERS" WOMENS BASKETBALL TEAM AND HEAD COACH MAURICE BAILEY AND HIS STAFF FOR AN EXCEPTIONAL SEASON AND TO WISH THEM CONTINUED SUCCESS IN THE FUTURE.
H. 5075 (Word version) -- Rep. Rutherford: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE BENEDICT COLLEGE "TIGERS" MENS BASKETBALL TEAM AND HEAD COACH FRED WATSON AND HIS STAFF FOR AN EXCEPTIONAL
At 11:20 a.m. the House, in accordance with the motion of Rep. W. D. SMITH, adjourned in memory of Ben M. Stone of Spartanburg, to meet at 10:00 a.m. tomorrow.
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