Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 noon.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr. as follows:
Our thought for today is from Isaiah 56:1: "This is what the Lord says: 'Maintain justice and do what is right.' "
Let us pray. O God of unchangeable power and eternal light, look favorably on this body of Representatives. Lord, guide and direct them that they maintain justice and do what is right and pleasing to You. Provide for them the courage to do what is right for You and Your people. Bless our President, Governor, and these men and women who strive to serve You and this State. Protect our defenders of freedom and comfort those who wait at home. In Your name, O Mighty One, we pray. 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 Friday, the SPEAKER ordered it confirmed.
Rep. CLEMMONS moved that when the House adjourns, it adjourn in memory of Jessie Inez Stalvey of Myrtle Beach, which was agreed to.
On motion of Rep. LEACH, with unanimous consent, the following was taken up for immediate consideration and accepted:
May 3, 2004
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
On behalf of Progress Energy, the Members of the House of Representatives are invited to the 4th Annual Legislative Spring Fling reception. This event will be held at the University House in Columbia on May 18, 2004, from 6:00 p.m. until 10:00 p.m.
Sincerely,
Gene Upchurch
Vice-President-State Public Affairs
The following was received:
Columbia, S.C., April 29, 2004
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1075:
S. 1075 (Word version) -- Senators Short, Hayes, Hutto, Leventis, Peeler, Martin, Moore, Giese, Verdin, Fair, Reese, Setzler, O'Dell, Malloy, Knotts and Cromer: A BILL TO AMEND TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL GOVERNMENTS, BY ADDING CHAPTER 32 SO AS TO ENACT THE "SOUTH CAROLINA TEXTILES COMMUNITIES REVITALIZATION ACT" INCLUDING PROVISIONS TO PROVIDE PROPERTY TAX CREDITS OR INCOME AND OTHER TAX CREDITS FOR REHABILITATION EXPENSES MADE TO ELIGIBLE SITES WHICH HAVE BEEN USED AS A TEXTILE MANUFACTURING FACILITY OR FOR ANCILLARY PURPOSES.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received and referred to the appropriate committee for consideration:
Document No. 2899
Agency: South Carolina State Library
The following was introduced:
H. 5202 (Word version) -- Rep. Lloyd: A HOUSE RESOLUTION TO HONOR AND COMMEND MR. THURMAN DEMAREST SHULER OF ORANGEBURG FOR HIS CONTRIBUTIONS TO EDUCATION AND TO EXTEND BEST WISHES TO HIM IN ALL OF HIS FUTURE ENDEAVORS.
The Resolution was adopted.
The following was introduced:
H. 5203 (Word version) -- Reps. Owens, Wilkins, Rice, Skelton, Simrill, Cooper, W. D. Smith, Clemmons, Duncan, Barfield, Herbkersman, Littlejohn, Mahaffey, McGee, G. R. Smith, J. R. Smith and White: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE PARENTS, TEACHERS, AND STAFF WHO ARE SUPPORTING PUBLIC CHARTER SCHOOLS IN SOUTH CAROLINA AND TO DECLARE WEDNESDAY, MAY 5, 2004, AS PUBLIC CHARTER SCHOOL DAY IN SOUTH CAROLINA.
The Resolution was adopted.
The following was introduced:
H. 5204 (Word version) -- Reps. Neilson, Lucas and J. Hines: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE DR. FLOSSIE HOPKINS OF DARLINGTON UPON HER RETIREMENT FROM THE DARLINGTON COUNTY SCHOOL DISTRICT AFTER
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5205 (Word version) -- Rep. Cobb-Hunter: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO NAME THE SECTION OF SOUTH CAROLINA HIGHWAY 6 FROM THE POINT WHERE IT MERGES WITH SOUTH CAROLINA HIGHWAY 45 IN THE TOWN OF EUTAWVILLE TO THE BERKELEY COUNTY LINE AS THE "DANNY BELL MEMORIAL HIGHWAY".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 1214 (Word version) -- Senator Thomas: A CONCURRENT RESOLUTION TO COMMEND AND ACKNOWLEDGE THE CONGREGATION OF FIRST BAPTIST CHURCH OF MAULDIN FOR BEING THE BENCHMARK FOR CHRISTIAN SERVICE IN SOUTH CAROLINA AND TO DECLARE AUGUST 22, 2004, AS "FIRST BAPTIST CHURCH OF MAULDIN DAY" IN RECOGNITION OF ITS ONE HUNDREDTH ANNIVERSARY AND ITS WONDERFUL MINISTRY AND MISSION.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1215 (Word version) -- Senators Leatherman, McGill, Malloy, Glover, Land and Elliott: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE OF INTERSTATE 95 AND HIGHWAY 327 IN
The Senate sent to the House the following:
S. 1221 (Word version) -- Senators Leventis, Land, Alexander, Anderson, Branton, Courson, Cromer, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Kuhn, Leatherman, Malloy, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Setzler, Sheheen, Short, J. V. Smith, Thomas, Verdin and Waldrep: A CONCURRENT RESOLUTION TO CONGRATULATE THE 1954 CLASS OF THE SCHOOL OF LAW AT SOUTH CAROLINA STATE COLLEGE UPON THE CELEBRATION OF ITS FIFTIETH ANNIVERSARY.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
S. 95 (Word version) -- Senators Gregory and Cromer: A BILL TO AMEND SECTION 15-3-640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEGAL ACTIONS BASED UPON A DEFECTIVE OR UNSAFE CONDITION OF AN IMPROVEMENT TO REAL PROPERTY, SO AS TO ESTABLISH AN OUTSIDE LIMITATION OF TEN YEARS AFTER SUBSTANTIAL COMPLETION OF THE IMPROVEMENT FOR BRINGING THE ACTION.
Referred to Committee on Judiciary
S. 682 (Word version) -- Senator Jackson: A BILL TO AMEND CHAPTER 58, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGISTRATION AND REGULATION OF MORTGAGE LOAN BROKERS, SO AS TO CHANGE THE TERM FROM "MORTGAGE LOAN BROKER" TO "MORTGAGE BROKER", TO CONFORM THE CHAPTER ACCORDINGLY, TO DEFINE "PROCESSOR", TO FURTHER SPECIFY THE SCOPE OF RESPONSIBILITY OF "ORIGINATORS", AND AMONG OTHER THINGS TO PROVIDE FOR LICENSURE AND RENEWAL FEES FOR ORIGINATORS.
Referred to Committee on Labor, Commerce and Industry
S. 895 (Word version) -- Senator J. V. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 45-5-80 SO AS TO REQUIRE LODGING ESTABLISHMENTS TO COMPLY BEFORE JULY 1, 2007, WITH INTERNATIONAL BUILDING CODE STANDARDS FOR FIRE SUPPRESSION AND TO DEFINE "LODGING ESTABLISHMENT".
Referred to Committee on Labor, Commerce and Industry
S. 987 (Word version) -- Senators Jackson, Glover, Ford and Pinckney: A JOINT RESOLUTION TO RECOMMEND THE SOUTH CAROLINA STATE HOUSE COMMITTEE TO ERECT A MARKER ON THE GROUNDS OF THE CAPITOL COMPLEX TO RECOGNIZE THE LIFE AND MANY ACCOMPLISHMENTS OF THE LATE UNITED STATES CONGRESSMAN ROBERT SMALLS.
Referred to Committee on Judiciary
S. 988 (Word version) -- Transportation Committee: A BILL TO AMEND SECTION 56-1-176, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHOOL ATTENDANCE CONDITIONS ASSOCIATED WITH THE ISSUANCE OF CONDITIONAL AND SPECIAL RESTRICTED DRIVER'S LICENSES, SO AS TO PROVIDE THAT THESE AND ADDITIONAL CONDITIONS
S. 1002 (Word version) -- Senators Grooms, Hawkins and Short: A BILL TO AMEND CHAPTER 7, TITLE 20 OF THE 1976 CODE, RELATING TO CHILDCARE FACILITIES, BY ADDING SECTION 20-7-2723 TO REQUIRE THAT ALL GROUP CHILDCARE HOMES AND FAMILY CHILDCARE HOMES ACQUIRE AND MAINTAIN DAY CARE LIABILITY INSURANCE IN THE AMOUNT OF AT LEAST ONE HUNDRED THOUSAND DOLLARS PER OCCURRENCE AND THREE HUNDRED THOUSAND DOLLARS IN THE TOTAL AGGREGATE AMOUNT.
Referred to Committee on Labor, Commerce and Industry
S. 1033 (Word version) -- Senators Verdin, Grooms, Reese, O'Dell, Ryberg, Fair, Hawkins, Cromer, Mescher, Thomas, Ravenel, Martin, Waldrep and Knotts: A BILL TO AMEND SECTION 16-23-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCEPTIONS TO THE UNLAWFUL CARRYING OF PISTOLS, SO AS TO ADD AS AN EXCEPTION A PERSON RIDING ON A MOTORCYCLE WHEN THE PISTOL IS SECURED IN A CLOSED SADDLEBAG OR OTHER SIMILAR, CLOSED ACCESSORY CONTAINER ATTACHED TO THE MOTORCYCLE.
Referred to Committee on Judiciary
S. 1048 (Word version) -- Senator Jackson: A BILL TO REQUIRE EACH PUBLIC HIGH SCHOOL TO INCLUDE ON THE REPORT CARD A CUMULATIVE GRADE POINT AVERAGE CALCULATED ACCORDING TO THE UNIFORM GRADING SCALE FOR ALL SCHOOLS ATTENDED.
Referred to Committee on Education and Public Works
S. 1148 (Word version) -- Senator Thomas: 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
S. 1156 (Word version) -- Senator O'Dell: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO
S. 1181 (Word version) -- Senators Mescher, Grooms, Land, McGill and Hutto: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-13-390 SO AS TO PROVIDE THAT NO MORE THAN ONE ARKANSAS BLUE CATFISH OVER THIRTY-FOUR INCHES MAY BE TAKEN FROM THE WATERS OF LAKES MARION AND MOULTRIE BY ANY ONE PERSON IN ONE DAY, AND TO PROVIDE THAT THE PROVISIONS OF THIS SECTION APPLY TO COMMERCIAL AS WELL AS RECREATIONAL FISHERMEN.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
S. 1185 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION FOR MINORITY AFFAIRS, RELATING TO STATE RECOGNITION OF NATIVE AMERICAN INDIAN ENTITIES, ADVISORY COMMITTEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2874, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Judiciary
S. 1186 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF MEDICAL EXAMINERS, RELATING TO REQUIREMENTS FOR LIMITED LICENSE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2860, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Medical, Military, Public and Municipal Affairs
S. 1187 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH
S. 1195 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO HIGHER EDUCATION EXCELLENCE ENHANCEMENT PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2904, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Education and Public Works
S. 1212 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 6-13-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS, DUTIES, AND RESPONSIBILITIES OF THE PIONEER RURAL WATER DISTRICT OF OCONEE AND ANDERSON COUNTIES, SO AS TO AUTHORIZE THE DISTRICT TO CONSTRUCT, OPERATE, OR MAINTAIN SEWER LINES, TO AUTHORIZE THE DISTRICT TO ENTER INTO CONTRACTS WITH OTHER ENTITIES TO PERFORM THESE POWERS, AND TO PROVIDE THAT THE DISTRICT MAY NOT TREAT OR DISPOSE OF SEWERAGE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
S. 1213 (Word version) -- Senators Knotts, Setzler, Courson and Cromer: A BILL TO AMEND ACT 1201 OF 1968, AS AMENDED, RELATING TO THE LEXINGTON COUNTY RECREATION COMMISSION, SO AS TO DELETE THE PROHIBITION THAT A MEMBER OF THE COMMISSION SHALL NOT SERVE MORE THAN TWO CONSECUTIVE TERMS.
On motion of Rep. E. H. PITTS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
The roll call of the House of Representatives was taken resulting as follows:
Altman Anthony Bailey Bales Barfield Battle Bingham Bowers Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chellis Clark Clemmons Clyburn Coates Cobb-Hunter Cooper Cotty Dantzler Delleney Duncan Edge Emory Freeman Frye Gilham Gourdine Govan Hagood Harrell Harrison Haskins Hayes Herbkersman J. Hines M. Hines Hinson Howard Huggins Keegan Kennedy Kirsh Koon Leach Littlejohn Lloyd Loftis Lourie Lucas Mack Mahaffey McCraw McGee McLeod Merrill Moody-Lawrence J. M. Neal Neilson Ott Owens Parks Perry Pinson E. H. Pitts M. A. Pitts Quinn Rhoad Rice Richardson Rivers 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 Stewart Stille Talley Taylor Thompson Toole Tripp Trotter Umphlett Vaughn Viers Walker Weeks White Whitmire Wilkins Witherspoon Young
I came in after the roll call and was present for the Session on Tuesday, May 4.
Creighton Coleman John J. "Bubber" Snow Karl Allen Glenn Hamilton Vida Miller Ralph Davenport Ronald Townsend Todd Rutherford Joseph Neal H.B. "Chip" Limehouse Seth Whipper Brenda Lee Becky Martin
The SPEAKER granted Rep. HOSEY a leave of absence for the week to attend the Grand Masters Prince Hall Masons Conference in Seattle, Washington.
The SPEAKER granted Rep. PHILLIPS a leave of absence for the week due to illness.
Announcement was made that Dr. M. David Mitchell of Spartanburg is the Doctor of the Day for the General Assembly.
The following Bill was taken up:
S. 792 (Word version) -- Senator Rankin: A BILL TO AMEND SECTION 23-47-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE CMRS EMERGENCY TELEPHONE SERVICES ADVISORY COMMITTEE, SO AS TO INCREASE THE NUMBER OF TERMS A COMMITTEE MEMBER MAY BE APPOINTED TO SERVE, AND TO EXTEND THE PERIOD OF TIME IN WHICH THE COMMITTEE MAY EXIST.
Rep. CATO moved to commit the Bill to the Committee on Labor, Commerce and Industry, which was agreed to.
Rep. WITHERSPOON moved to adjourn debate upon the following Bill until Tuesday, May 11, which was adopted:
S. 496 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 47-5-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RABIES INOCULATIONS, CERTIFICATES, TAGS, AND FEES, SO AS TO INCREASE THE FEE FROM THREE DOLLARS TO FIVE DOLLARS FOR A RABIES INOCULATION AT A RABIES CLINIC PROMOTED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND LICENSED VETERINARIANS.
Upon the withdrawal of a request for debate by Rep. J. BROWN, with unanimous consent, the following Bill was taken up:
H. 4801 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 56-1-748, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO ARE ISSUED A RESTRICTED DRIVER'S LICENSE UNDER VARIOUS PROVISIONS OF LAW BEING INELIGIBLE TO OBTAIN A SPECIAL RESTRICTED DRIVER'S LICENSE UNDER THESE PROVISIONS, SO AS TO PROVIDE THAT THIS LIMITATION ALSO APPLIES TO A PERSON ISSUED A RESTRICTED DRIVER'S LICENSE AFTER HIS LICENSE IS SUSPENDED FOR REFUSING TO SUBMIT TO TESTING TO DETERMINE HIS ALCOHOL CONCENTRATION OR FOR REGISTERING A CERTAIN LEVEL OF ALCOHOL CONCENTRATION; AND TO AMEND SECTION 56-1-1320, AS AMENDED, RELATING TO THE ISSUANCE OF PROVISIONAL DRIVER'S LICENSES, SO AS TO PROVIDE THAT A PERSON MAY BE ISSUED ONLY ONE PROVISIONAL DRIVER'S LICENSE IN A TEN-YEAR PERIOD.
Rep. GILHAM explained the Bill.
The Bill was read second time and ordered to third reading.
Rep. J. BROWN, with unanimous consent, withdrew his request for debate on H. 4805 (Word version); however, other requests for debate remained on the Bill.
The Senate amendments to the following Bill were taken up for consideration:
H. 4420 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-31-125 SO AS TO PROVIDE THAT FOR PURPOSES OF THE SOUTH CAROLINA EMPLOYMENT SECURITY LAW, A NEW EMPLOYING UNIT MUST NOT BE ASSIGNED A DISCRETE EMPLOYER NUMBER WHEN THERE IS AN ACQUISITION OR CHANGE IN THE FORM OF THE ORGANIZATION OF AN EXISTING BUSINESS ENTERPRISE WITH CONTINUITY OF CONTROL, AND TO PROVIDE DEFINITIONS.
Rep. CATO moved to adjourn debate upon the Senate Amendments until Thursday, May 6, which was agreed to.
The Senate amendments to the following Bill were taken up for consideration:
H. 4591 (Word version) -- Rep. Bailey: A BILL TO AMEND SECTION 50-11-565, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF CROSSBOWS WHILE HUNTING BY DISABLED PERSONS, SO AS TO PERMIT THE STATEMENT OF DISABILITY TO BE CERTIFIED BY A RHEUMATOLOGIST AS WELL AS A NEUROLOGIST OR ORTHOPEDIST.
Rep. WITHERSPOON moved to adjourn debate upon the Senate Amendments until Tuesday, May 11, which was agreed to.
The Senate amendments to the following Bill were taken up for consideration:
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 PRECINCTS IN ABBEVILLE COUNTY MEMBERS OF THE BOARD SHALL RESIDE.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration:
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
Rep. MCGEE explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The following Bills were taken up, read the third time, and ordered sent to the Senate:
H. 4127 (Word version) -- Reps. Wilkins, Harrell, Quinn, Harrison, W. D. Smith, Cotty, Cato, Young, G. R. Smith, Tripp, Bailey, Leach, Koon, Altman, Bingham, Ceips, Chellis, Clark, Davenport, Delleney, Duncan, Edge, Frye, Gilham, Hagood, Hamilton, Haskins, Herbkersman, Hinson, Keegan, Limehouse, Mahaffey, McGee, Merrill, Rice, Sandifer, Scarborough, Skelton, D. C. Smith, G. M. Smith, J. R. Smith and Toole: A BILL TO ENACT THE "SOUTH CAROLINA RESTRUCTURING ACT OF 2003" INCLUDING PROVISIONS TO AMEND SECTION 1-30-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AGENCIES OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT BY ADDING THE DEPARTMENT OF ADMINISTRATION; BY ADDING SECTION 1-30-125 SO AS TO ESTABLISH THE DEPARTMENT OF ADMINISTRATION AS AN AGENCY OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT TO BE HEADED BY A DIRECTOR APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE SENATE, AND TO TRANSFER TO THIS NEWLY CREATED DEPARTMENT CERTAIN OFFICES AND DIVISIONS OF THE STATE BUDGET
H. 5129 (Word version) -- Reps. Rice, Talley, Clyburn, Frye, Hamilton, Herbkersman, Hosey, Keegan, Littlejohn, Martin, Owens, Perry, E. H. Pitts, Scarborough, Simrill, Sinclair, J. R. Smith, Snow, Taylor, Young, Cato, Duncan, Loftis, G. R. Smith, Leach and Chellis: A BILL TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATION OF GOVERNMENT, BY ADDING CHAPTER 24 SO AS TO
The motion period was dispensed with on motion of Rep. COTTY.
The following Bill was taken up:
H. 5111 (Word version) -- Reps. Witherspoon, Frye, McLeod, Coleman, Bailey, Martin, Townsend, Sinclair, Barfield, Cobb-Hunter, Rutherford, Mack, Rhoad, Ott, Duncan, J. H. Neal, Emory, J. M. Neal, Whitmire, Thompson, Cooper, Anthony, Bales, Bowers, R. Brown, Clemmons, Coates, Davenport, Freeman, Govan, Herbkersman, J. Hines, Hosey, Jennings, Keegan, Kennedy, Koon, Lee, Limehouse, Loftis, Neilson, Pinson, M. A. Pitts, Rivers, Sandifer, F. N. Smith, G. M. Smith, Snow, Talley, Taylor, Toole, Umphlett, Weeks, Whipper and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 34 TO TITLE 39 SO AS TO ENACT THE "SOUTH CAROLINA DAIRY STABILIZATION ACT", TO ESTABLISH THE SOUTH CAROLINA MILK BOARD, TO PROVIDE FOR ITS MEMBERS, PROCEDURES FOR THEIR APPOINTMENT AND FOR THEIR POWERS AND DUTIES; TO PROVIDE THAT THE BOARD'S PRIMARY DUTY IS TO ESTABLISH A FAIR MARKET BREAKEVEN PRICE FOR PRODUCERS OF MILK AND EXERCISE GENERAL SUPERVISION OVER THE MILK INDUSTRY IN THIS STATE; TO PROVIDE THAT THE BOARD MUST BE LOCATED IN THE SOUTH CAROLINA DEPARTMENT OF AGRICULTURE; TO AUTHORIZE THE BOARD TO ENTER INTO COMPACTS FOR A UNIFORM SYSTEM OF MILK CONTROL, TO CONDUCT INVESTIGATIONS AND MEDIATE AND ARBITRATE MILK DISPUTES, TO ISSUE RULES, ORDERS, AND FAIR MARKET
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\10221STD04), which was adopted:
Amend the bill, as and if amended, Section 39-34-30, as contained in SECTION 1, page 2, by striking items (3) and (4) and inserting:
/ (3) 'Buyer' means a person who purchases, markets, or handles fluid milk directly from a South Carolina producer.
(4) 'Fluid milk' means all milk produced in this State. /
Amend the bill further, Section 39-34-30, as contained in SECTION 1, page 2, by adding a new item (19) to read:
/ (19) 'Fair market breakeven price' means a price determined by, but not limited to, the following factors:
(a) the USDA Class I price of fluid milk;
(b) the location adjustment fee; and
(c) the over-order premium paid by the buyer. /
Amend the bill further, by striking Section 39-34-40(A) and (B), pages 3 and 4, and inserting:
/ (A) There is created the South Carolina Milk Board consisting of thirteen members, all of whom must be residents of this State; six members must be producers of milk actively engaged in dairy production at the time of selection and throughout the member's term, three of whom must be appointed by the Chairman of the Senate Agriculture and Natural Resources Committee and three appointed by the Chairman of the House of Representatives Agriculture, Natural Resources and Environmental Affairs Committee; two members must be consumers, one of whom must be appointed by the Chairman of the Senate Agriculture and Natural Resources Committee and one appointed by the Chairman of the House of Representatives Agriculture, Natural Resources and Environmental Affairs Committee; two members must be retailers, one of whom must be appointed by the
(B) The primary duty of the South Carolina Milk Board is to establish a fair market breakeven price for producers and to exercise general supervision over the state milk industry, for the purpose of protecting the availability and affordability of fluid milk consumed in this State by monitoring the consumption and distribution of South Carolina produced milk. Other duties include the authority to mediate differences between producers, associations, and processors. /
Amend the bill further, page 5, by striking Section 39-34-50 in its entirety.
Amend the bill further, page 5, by striking Section 39-34-90, and inserting:
/ Section 39-34-90. The milk board is an instrumentality of the State, vested with the power to make, adopt, and enforce regulations and issue and enforce orders necessary to carry out the purposes of this chapter. Every order of the milk board must be posted for inspection in the main office of the milk board, and a certified copy filed in the office of the Commissioner of Agriculture. An order, applying only to a person or persons named in the order must be served on the person or persons affected by personal delivery of a certified copy, or by mailing a certified copy in a sealed envelope, with postage prepaid, to each person affected by the order or, in the case of a corporation, to an officer or agent of the corporation upon whom legal process may be served. The posting in the main office of the milk board of any order, not required to be served, and such filing in the office of the Commissioner of Agriculture, constitutes due and sufficient notice to all persons affected by the order. /
Amend the bill further, by striking Section 39-34-100(B) and inserting:
/ (B) Buyer fees must be collected on all fluid milk produced in this State, and these fees must be collected by the dairy cooperative and
/ (A) The South Carolina Milk Board shall prepare and promulgate a system of accounting designed to show for each buyer of fluid milk under the supervision of the milk board the total purchases of South Carolina milk by the buyer. The accounting system must be designed to show not only total purchases, but also the sales of milk sold in this State. Upon the promulgation of this system of accounting, each buyer of fluid milk under the supervision of the milk board shall adopt and use this system of accounting. Reports required and submitted under the terms of the federal milk order must satisfy the accounting system requirements of this section. /
Amend the bill further, by striking SECTION 2 and inserting:
/ SECTION 2. Chapter 34 of Title 39 of the 1976 Code, as added by this act, is repealed on July 1, 2011.
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. FRYE explained the amendment.
Rep. ALTMAN spoke against the amendment.
Rep. DUNCAN spoke in favor of the amendment.
Rep. G. BROWN spoke in favor of the amendment.
The question then recurred to the adoption of the amendment.
Rep. KIRSH demanded the yeas and nays which were taken, resulting as follows:
Allen Anthony Bales Barfield Battle Bingham Bowers Breeland G. Brown J. Brown R. Brown Clark Clemmons Clyburn Coates Cobb-Hunter Coleman Cooper Cotty Davenport Delleney Duncan Emory Freeman Frye Gilham Gourdine Hamilton Harrison Haskins Hayes Herbkersman J. Hines Howard Huggins Kennedy Koon Leach Littlejohn Lloyd Loftis Lucas Mack Mahaffey McCraw McGee McLeod Miller Moody-Lawrence Neilson Ott Parks Pinson E. H. Pitts M. A. Pitts Quinn Rhoad Rivers Rutherford Sandifer Scott Sinclair G. M. Smith G. R. Smith J. R. Smith W. D. Smith Snow Talley Taylor Thompson Toole Trotter Umphlett Viers Walker Weeks White Whitmire Wilkins Witherspoon
Those who voted in the negative are:
Altman Branham Cato Chellis Hagood Harrell M. Hines Hinson Keegan Kirsh Lourie Merrill Owens Perry Rice Richardson Scarborough Simrill
Skelton D. C. Smith Stewart Stille Tripp Young
So, the amendment was adopted.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Anthony Bales Battle Bingham Bowers Breeland G. Brown R. Brown Clark Clemmons Clyburn Coates Cobb-Hunter Coleman Cooper Cotty Davenport Delleney Duncan Edge Emory Freeman Frye Gilham Gourdine Govan Hamilton Harrison Hayes Herbkersman J. Hines Howard Huggins Kennedy Koon Leach Littlejohn Lloyd Lucas Mack Mahaffey McCraw McGee McLeod Miller Moody-Lawrence J. M. Neal Neilson Ott Parks Pinson E. H. Pitts M. A. Pitts Quinn Rhoad Rivers Rutherford Sandifer Scott Sinclair G. M. Smith G. R. Smith J. E. Smith J. R. Smith W. D. Smith Snow Talley Taylor Thompson Toole Townsend Trotter Umphlett Viers Walker Weeks White Whitmire Wilkins Witherspoon
Altman Branham J. Brown Cato Chellis Hagood Harrell M. Hines Hinson Keegan Kirsh Lourie Merrill Owens Rice Richardson Scarborough Simrill Skelton D. C. Smith Stewart Stille Tripp Vaughn Young
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. COTTY moved to adjourn debate upon the following Bill until Wednesday, May 12, which was adopted:
H. 5027 (Word version) -- Reps. Harrell, W. D. Smith, Merrill, Clemmons, Cooper, Altman, Barfield, Cato, Ceips, Chellis, Edge, Gilham, Hayes, Herbkersman, Keegan, Limehouse, Miller, Witherspoon and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "UNIFORM AND FAIR GOLF COURSE VALUATION ACT OF 2004" BY ADDING SECTION 12-43-365 SO AS TO PROVIDE FOR THE MANNER IN WHICH THE FAIR MARKET VALUE OF GOLF COURSE REAL PROPERTY IS DETERMINED FOR AD VALOREM TAX PURPOSES AND THE PROCEDURES WHICH APPLY WITH RESPECT TO THIS DETERMINATION.
Rep. COTTY moved that the House recur to the Morning Hour, which was agreed to.
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 5196 (Word version) -- Reps. Ceips and Scarborough: A CONCURRENT RESOLUTION TO RECOGNIZE THE VALUE OF SOUTH CAROLINA'S BEACHES AND COASTAL AREAS AND TO PROVIDE FOR THEIR PROTECTION AS A PUBLIC TRUST RESOURCE THROUGH THE IMPLEMENTATION OF POLICIES DESIGNED TO DEFEND AGAINST EROSION.
Ordered for consideration tomorrow.
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
S. 1196 (Word version) -- Senators McConnell, Courson and Ford: A CONCURRENT RESOLUTION TO APPROVE THE SITE RECOMMENDED BY THE HUNLEY COMMISSION FOR THE DISPLAY AND EXHIBITION OF THE H. L. HUNLEY IN NORTH CHARLESTON, SOUTH CAROLINA, SUBJECT TO THE EXECUTION OF AN ACCEPTABLE CONTRACT BETWEEN THE HUNLEY COMMISSION AND THE CITY OF NORTH CHARLESTON.
Ordered for consideration tomorrow.
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 5193 (Word version) -- Reps. Scarborough, Altman, Hagood, Harrell and Limehouse: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE BRIDGE ON HARBOR VIEW ROAD OVER JAMES ISLAND CREEK IN CHARLESTON COUNTY THE DR. JULIAN THOMAS BUXTON, JR. BRIDGE AND TO INSTALL APPROPRIATE MARKERS OR SIGNS AT THE BRIDGE CONTAINING THE WORDS "DR. JULIAN THOMAS BUXTON, JR. BRIDGE".
Ordered for consideration tomorrow.
The following was introduced:
H. 5206 (Word version) -- Rep. Huggins: A CONCURRENT RESOLUTION TO HONOR AND CONGRATULATE GEORGE R. MOORE, DIRECTOR OF THE HEALTH FACILITY OVERSIGHT PROGRAM, DIVISION OF HEALTH LICENSING, DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, ON HIS RETIREMENT FROM THE DEPARTMENT ON JULY 1, 2004, AND TO EXTEND BEST WISHES TO HIM IN ALL OF HIS FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5207 (Word version) -- Rep. Leach: A CONCURRENT RESOLUTION TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO HAVE SIGNS PLACED ON I-385 AT EXIT 34 ON BUTLER ROAD TO MARK THE EXIT TO THE "BOY SCOUTS OF AMERICA SERVICE CENTER".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
Rep. J. BROWN moved that the House do now adjourn, which was agreed to.
At 1:10 p.m. the House, in accordance with the motion of Rep. CLEMMONS, adjourned in memory of Jessie Inez Stalvey of Myrtle Beach, to meet at 10:00 a.m. tomorrow.
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