South Carolina General Assembly
116th Session, 2005-2006
Journal of the House of Representatives

Tuesday, March 8, 2005
(Statewide Session)

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 Psalm 34:4: "I sought the Lord, and He answered me; He delivered me from all my fears."
Let us pray. Almighty God of creation, support all caught in the uncertainty of life. Sustain us this day to do unto others as we would have them do to us. Guide our Nation, President, State and leaders of every nation to a genuine concern for their people. Plant in each of us the desire to be our sister's and brother's keeper. Grant us sensitivity and compassion as we serve. Defend and protect our troops. In Your Holy name. 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.

MOTION ADOPTED

Rep. SANDIFER moved that when the House adjourns, it adjourn in memory of Charles Barrett of Westminster, father of Congressman Gresham Barrett, which was agreed to.

HOUSE RESOLUTION

The following was introduced:

H. 3708 (Word version) -- Rep. G. Brown: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR MR. W. W. TISDALE OF BISHOPVILLE FOR A LIFETIME OF WONDERFUL ACHIEVEMENTS AND SERVICE TO HIS COMMUNITY AND STATE THROUGH HIS GIFT FOR MUSIC AND TEACHING.

The Resolution was adopted.

INTRODUCTION OF BILLS

The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:

H. 3709 (Word version) -- Rep. Altman: A BILL TO AMEND CHAPTER 53, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BAIL BONDSMEN AND RUNNERS, SO AS TO REVISE THE DEFINITIONS OF "ACCOMMODATION BONDSMAN", "BAIL BONDSMAN", "RUNNER", AND "SURETY"; TO REVISE THE CONDITIONS UPON WHICH A SURETY MAY BE RELIEVED ON A BOND; TO REVISE THE CONDITIONS UPON WHICH A BOND MUST BE FORFEITED AND THE PAYMENT OF AN ESTREATMENT; TO REQUIRE THAT A PERSON FILING AN APPLICATION TO BE LICENSED AS A PROFESSIONAL BONDSMAN OR RUNNER MUST HAVE THE FINGERPRINTS AND PHOTOGRAPH HE SUBMITS WITH HIS APPLICATION CERTIFIED BY A LAW ENFORCEMENT OFFICER, AND PROVIDE THAT A BAIL BONDSMAN OR RUNNER MAY ASSIST ANY OTHER BONDING AGENT OR AGENCY IN LOCATING, APPREHENDING, AND RETURNING A DEFENDANT WHO HAS VIOLATED A CONDITION OF A BOND; TO PROVIDE THAT AN APPLICANT FOR A LICENSE TO BECOME A RUNNER MUST SHOW THAT HE IS ENDORSED BY A LICENSED BAIL BONDSMAN WHO HAS OBLIGATED HIMSELF TO SUPERVISE HIS ACTIVITIES, AND TO DELETE THE REQUIREMENT THAT HE MUST SHOW THAT HE WILL BE EMPLOYED BY ONLY ONE BAIL BONDSMAN WHO WILL SUPERVISE HIS WORK AND IS RESPONSIBLE FOR HIS CONDUCT IN THE BAIL BOND BUSINESS; TO PROVIDE THAT THE DEPARTMENT OF INSURANCE MUST ISSUE A PICTURE IDENTIFICATION TO A LICENSED BAIL BONDSMAN; AND TO PROVIDE THAT A COUNTY, CITY, OR TOWN SHALL NOT LICENSE OR LEVY A LICENSE TAX ON BAIL BONDSMEN AND MAY NOT REQUIRE A BONDSMAN TO DEPOSIT COLLATERAL SECURITY AS A CONDITION FOR CONTINUING TO WRITE BAIL BONDS.
Referred to Committee on Judiciary

H. 3711 (Word version) -- Rep. Cobb-Hunter: A BILL TO AMEND CHAPTER 17, TITLE 37, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF PRESCRIPTION DRUG DISCOUNT CARDS, SO AS TO ENACT THE PRESCRIPTION DRUG DISCOUNT CARD REGISTRATION ACT, PROVIDING FOR REGISTRATION WITH THE DEPARTMENT OF CONSUMER AFFAIRS OF PERSONS AND REPRESENTATIVES ENGAGED IN THE SALE, MARKETING, PROMOTION, ADVERTISEMENT, OR DISTRIBUTION OF PRESCRIPTION DRUG DISCOUNT CARDS OR OTHER PURCHASING DEVICES; EXEMPTIONS FROM REGULATION UNDER THE ACT; REMEDIES FOR VIOLATIONS OF THE ACT, IN ADDITION TO, AND CUMULATIVE OF, OTHER PENALTIES IN TITLE 37 AND IN THE SOUTH CAROLINA UNFAIR TRADE PRACTICES ACT; AND AUTHORITY OF THE DEPARTMENT OF CONSUMER AFFAIRS TO PROMULGATE REGULATIONS TO EFFECTUATE THE PURPOSES OF THIS ACT.
Referred to Committee on Ways and Means

H. 3714 (Word version) -- Reps. Toole, Bingham, Huggins, Haley, E. H. Pitts, Clark, Frye, McLeod, Ballentine, Ott, Loftis, Bailey, Duncan, Harrison, Ceips, Merrill, M. A. Pitts, J. R. Smith and Tripp: A BILL TO ENACT THE SCHOOL EQUITY AND REAL PROPERTY TAX RELIEF ACT BY AMENDING THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 11 TO CHAPTER 36, TITLE 12, SO AS TO IMPOSE AN ADDITIONAL STATE SALES, USE, AND CASUAL EXCISE TAX EQUAL TO TWO PERCENT ON AMOUNTS SUBJECT TO SALES, USE, AND CASUAL EXCISE TAX; BY AMENDING SECTION 11-11-150, AS AMENDED, RELATING TO THE TRUST FUND FOR TAX RELIEF, SO AS TO PROVIDE THAT REVENUES FROM THE TRUST FUND REIMBURSING SCHOOL DISTRICTS FOR THE RESIDENTIAL PROPERTY TAX EXEMPTION TO A SCHOOL DISTRICT MUST BE PAID MONTHLY IN AN AMOUNT THAT IS THE DISTRICT'S PROPORTIONATE SHARE OF THE REIMBURSEMENT BASED ON THE DISTRICT'S WEIGHTED PUPIL UNITS AS A PERCENTAGE OF STATEWIDE WEIGHTED PUPIL UNITS; BY ADDING SECTION 11-11-155 SO AS TO CREATE THE SCHOOL MILLAGE TAX EXEMPTION TRUST FUND (THE SCHOOL TRUST FUND) AND REQUIRE REVENUES OF THE ADDITIONAL SALES AND USE TAX TO BE CREDITED TO THIS FUND; BY ADDING SECTION 12-37-253 SO AS TO PROVIDE FOR A PROPERTY TAX EXEMPTION FOR ALL REAL PROPERTY FROM SCHOOL OPERATING MILLAGE NOT OTHERWISE EXEMPT, PROVIDE THE METHOD OF DETERMINING AND PHASING IN THE EXEMPTION, AND TO PROVIDE REIMBURSEMENTS TO SCHOOL DISTRICTS FOR THIS NEW EXEMPTION WITH A PAYMENT BASED ON WEIGHTED PUPIL UNITS; BY ADDING SECTION 12-37-253, SO AS TO EXEMPT FROM PROPERTY TAX AN AMOUNT OF THE FAIR MARKET OF REAL PROPERTY SUFFICIENT TO ELIMINATE INCREASES IN VALUE OF SUCH PROPERTY ATTRIBUTABLE TO COUNTYWIDE ASSESSMENT AND EQUALIZATION PLANS AND PROVIDE EXCEPTIONS; BY ADDING SECTION 59-20-42 SO AS TO PROVIDE THAT BEGINNING WITH FISCAL YEAR 2005-2006 EDUCATION FINANCE ACT APPROPRIATIONS MUST BE DISTRIBUTED TO A SCHOOL DISTRICT IN AN AMOUNT THAT IS THE DISTRICT'S PROPORTIONATE SHARE OF SUCH FUNDS BASED ON THE DISTRICT'S WEIGHTED PUPIL UNITS AS A PERCENTAGE OF STATEWIDE WEIGHTED PUPIL UNITS AS DETERMINED ANNUALLY PURSUANT TO THE EDUCATION FINANCE ACT; TO PROVIDE THAT FOR A PERIOD OF THREE YEARS BEGINNING JULY 1, 2005, AND ENDING JUNE 30, 2008, A LOCAL GOVERNING BODY UNDER PROVISIONS OF LAW AUTHORIZING THE ASSESSMENT OF TAXES AND FEES UNDER SPECIFIED CONDITIONS MAY INCREASE THE MILLAGE RATE IMPOSED FOR GENERAL OPERATING PURPOSES ABOVE THE RATE IMPOSED FOR SUCH PURPOSES FOR THE PRECEDING TAX YEAR ONLY BY A TWO-THIRDS VOTE OF THE MEMBERSHIP OF THE GOVERNING BODY, PRESENT OR NOT, RATHER THAN BY A POSITIVE MAJORITY VOTE; BY REPEALING ARTICLE 3, CHAPTER 10 OF TITLE 4, RELATING TO THE CAPITAL PROJECT SALES TAX ACT, AND CHAPTER 37 OF TITLE 4, RELATING TO OPTIONAL METHODS FOR FINANCING TRANSPORTATION FACILITIES INCLUDING LEVY OF ADDITIONAL SALES TAXES, AND TO PROVIDE THAT SALES TAXES FOR PROJECTS PREVIOUSLY AUTHORIZED UNDER THESE PROVISIONS SHALL CONTINUE UNTIL THEIR SCHEDULED TERMINATION DATE; TO REQUIRE A REFERENDUM IN COUNTIES IN WHICH THE LOCAL OPTION SALES TAX IS CURRENTLY IMPOSED FOR THE PURPOSE OF DETERMINING WHETHER TO RESCIND THE TAX AND BY PROVIDING THAT THIS ACT TAKES EFFECT JULY 1, 2005, AND APPLIES FOR PROPERTY TAX YEARS BEGINNING AFTER 2004.
Referred to Committee on Ways and Means

H. 3716 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 2005; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; AND TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THE FISCAL YEAR AND FOR OTHER PURPOSES.
Without Reference

H. 3717 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2004-2005.
Without Reference

S. 352 (Word version) -- Senator Grooms: 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 ADJACENT TO INTERSTATE HIGHWAY 95 IN COLLETON COUNTY BETWEEN MILE MARKERS 52 AND 54 MAY BE MOWED BEYOND THIRTY FEET FROM THE PAVEMENT.
Referred to Committee on Education and Public Works

S. 424 (Word version) -- Senators Leatherman and Ryberg: A BILL TO AMEND SECTION 56-3-910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISPOSITION OF CERTAIN FEES AND PENALTIES COLLECTED BY THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE THAT THE DEPARTMENT ANNUALLY MUST PROVIDE THE SOUTH CAROLINA TRANSPORTATION BANK A REPORT FOR THE PREVIOUS FISCAL YEAR THAT LISTS THE TOTAL AMOUNT OF FEES AND PENALTIES IT COLLECTED PURSUANT TO THE PROVISIONS THAT ASSESS REGISTRATION AND LICENSING FEES FOR SELF-PROPELLED PROPERTY CARRYING VEHICLES AND LICENSING FEES FOR FARM TRUCKS; AND TO AMEND SECTION 56-3-1230, AS AMENDED, RELATING TO LICENSE PLATE SPECIFICATIONS, AND THE ISSUANCE OF NEW LICENSE PLATES AND REVALIDATION STICKERS, SO AS TO PROVIDE THAT A PORTION OF THE FEES COLLECTED FOR THE REGISTERING AND LICENSING OF SELF-PROPELLED PROPERTY CARRYING VEHICLES AND LICENSING FARM TRUCKS SHALL NO LONGER BE PLACED IN A SPECIAL RESTRICTED ACCOUNT TO BE USED BY THE DEPARTMENT OF MOTOR VEHICLES FOR COSTS ASSOCIATED WITH THE PRODUCTION AND ISSUANCE OF NEW LICENSE PLATES.
Referred to Committee on Education and Public Works

S. 426 (Word version) -- Senator Land: A BILL TO AMEND ACT 355 OF 2004, RELATING TO THE CLARENDON COUNTY SCHOOL DISTRICTS' PROPERTY TAX RELIEF ACT, AND THE ONE PERCENT SALES TAX AUTHORIZED TO BE IMPOSED IN CLARENDON COUNTY FOR SCHOOL CONSTRUCTION, SO AS TO DELETE THE EXEMPTION ALLOWED IN THE CLARENDON COUNTY SALES AND USE TAX FOR FOOD WHICH MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS.
Referred to Clarendon Delegation

S. 547 (Word version) -- Senator Sheheen: A BILL TO AMEND ACT 587 OF 1994, AS AMENDED, RELATING TO THE CREATION OF THE CHESTERFIELD COUNTY BOARD OF ELECTIONS AND REGISTRATION, SO AS TO PROVIDE FOR THE TERMS OF THE ADDITIONAL MEMBERS ADDED TO THE BOARD AND TO DELETE ARCHAIC LANGUAGE.
Referred to Chesterfield Delegation

CONCURRENT RESOLUTION

The following was introduced:

H. 3710 (Word version) -- Rep. Lucas: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE THE ACCOMPLISHMENTS OF THEODORE "DOC" HOUGH OF DARLINGTON COUNTY UPON THE OCCASION OF HIS RETIREMENT AND TO WISH HIM GOOD HEALTH AND IMMENSE HAPPINESS IN ALL HIS FUTURE ENDEAVORS.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

HOUSE RESOLUTION

On motion of Rep. NEILSON, with unanimous consent, the following was taken up for immediate consideration:

H. 3712 (Word version) -- Reps. Neilson and Bingham: A HOUSE RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA SILVER HAIRED LEGISLATURE TO USE THE CHAMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES ON TUESDAY THROUGH THURSDAY, SEPTEMBER 13 THROUGH SEPTEMBER 15, 2005, PROVIDED THE HOUSE IS NOT IN SESSION, AND TO PROVIDE FOR THE USE OF THE HOUSE CHAMBER ON ALTERNATE DATES AND TIMES AS MAY BE SELECTED BY THE SPEAKER.

Be it resolved by the House of Representatives:

That the South Carolina Silver Haired Legislature is authorized to use the Chamber of the South Carolina House of Representatives on Tuesday through Thursday, September 13 through September 15, 2005, provided the House of Representatives is not in session on that date. If the House of Representatives is in statewide session, the House Chamber may not be used on those dates but may be used by the South Carolina Silver Haired Legislature on alternate dates and times as may be selected by the Speaker.

Be it further resolved that the use of the Chamber of the South Carolina House of Representatives by the South Carolina Silver Haired Legislature must be in accordance with the policies and rules of the South Carolina House of Representatives.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 3713 (Word version) -- Reps. Scott, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, 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, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION RECOGNIZING AND COMMENDING MICHELLE KRISTA WINTER STRANGE FOR HER COMMITMENT AND NUMEROUS CONTRIBUTIONS TO THE ANDERSON COMMUNITY.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows:

Agnew                  Altman                 Anderson
Anthony                Bailey                 Bales
Ballentine             Barfield               Battle
Bowers                 Brady                  Branham
Breeland               G. Brown               J. Brown
R. Brown               Cato                   Ceips
Chalk                  Chellis                Clark
Clemmons               Clyburn                Coates
Cobb-Hunter            Coleman                Cooper
Dantzler               Davenport              Delleney
Duncan                 Edge                   Emory
Frye                   Funderburk             Hagood
Haley                  Hardwick               Harrell
Harrison               Haskins                Hayes
Herbkersman            J. Hines               M. Hines
Hinson                 Hiott                  Hosey
Howard                 Huggins                Jefferson
Jennings               Kennedy                Kirsh
Leach                  Limehouse              Littlejohn
Loftis                 Lucas                  Martin
McCraw                 McGee                  McLeod
Merrill                Miller                 J. H. Neal
J. M. Neal             Neilson                Norman
Ott                    Owens                  Parks
Perry                  Phillips               E. H. Pitts
Rhoad                  Rice                   Rutherford
Sandifer               Scarborough            Scott
Simrill                Sinclair               Skelton
D. C. Smith            G. M. Smith            G. R. Smith
J. E. Smith            J. R. Smith            W. D. Smith
Stewart                Talley                 Taylor
Thompson               Toole                  Tripp
Umphlett               Vaughn                 Vick
Viers                  Walker                 Weeks
White                  Whitmire               Wilkins
Witherspoon

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, March 8.

Karl Allen                        Kenny Bingham
Ronald Townsend                   Joseph G. Mahaffey
Annette Young                     Bessie Moody-Lawrence
Brenda Lee                        Jackson "Seth" Whipper
Glenn Hamilton                    Lewis E. Pinson
Bill Cotty
Fletcher Smith
Jerry Govan   Alex Harvin
David Mack

Total Present--121
LEAVE OF ABSENCE

The SPEAKER granted Rep. LLOYD a leave of absence for the week due to illness.

DOCTOR OF THE DAY

Announcement was made that Dr. Louis Costa of Charleston is the Doctor of the Day for the General Assembly.

CO-SPONSORS ADDED AND REMOVED

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."

CO-SPONSOR ADDED

Bill Number:   H. 3384 (Word version)
Date:   ADD:
03/08/05   VIERS

CO-SPONSOR ADDED

Bill Number:   H. 3453 (Word version)
Date:   ADD:
03/08/05   WILKINS

CO-SPONSOR ADDED

Bill Number:   H. 3539 (Word version)
Date:   ADD:
03/08/05   EMORY

CO-SPONSOR REMOVED

Bill Number:   H. 3626 (Word version)
Date:   REMOVE:
03/08/05   OWENS

ORDERED ENROLLED FOR RATIFICATION

The following Bill was read the third time, passed and, 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:

S. 319 (Word version) -- Senators Hayes, Malloy, Moore, Williams, O'Dell, McGill, Short and Leventis: A BILL TO AMEND CHAPTER 2, TITLE 60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE DOCUMENTS DEPOSITORY SYSTEM, SO AS TO REVISE DEFINITIONS AND PROCEDURES IN ORDER TO PROVIDE FOR THE ACQUISITION OF MATERIALS IN BOTH PRINT AND ELECTRONIC FORMATS AND TO DELETE CERTAIN OBSOLETE REFERENCES.

H. 3412--DEBATE ADJOURNED

Rep. G. R. SMITH moved to adjourn debate upon the following Bill until Wednesday, March 9, which was adopted:

H. 3412 (Word version) -- Reps. Harrison, Bales, Cotty, Brady, Whipper, Vaughn, Branham, Toole, Taylor and D. C. Smith: A BILL TO AMEND SECTION 44-17-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY ADMISSIONS TO MENTAL HEALTH FACILITIES, SO AS TO PROVIDE THAT IF A PATIENT DOES NOT REQUIRE INVOLUNTARY TREATMENT, THE COURT, UPON PROPER NOTICE, SHALL DISMISS THE PETITION FOR COMMITMENT; TO AMEND SECTION 44-17-430, RELATING TO TAKING PERSONS WHO ARE BELIEVED TO BE A DANGER TO THEMSELVES OR OTHERS INTO CUSTODY, SO AS TO PROVIDE THAT AN ORDER AUTHORIZING SUCH CUSTODY IS VALID ONLY FOR SEVENTY-TWO HOURS; TO ADD SECTION 44-13-05 SO AS TO ESTABLISH PROCEDURES FOR A LAW ENFORCEMENT OFFICER TO TAKE A PERSON WHO THE OFFICER BELIEVES TO BE MENTALLY ILL INTO PROTECTIVE CUSTODY AND TO PROVIDE IMMUNITY FROM LIABILITY; TO AMEND SECTION 44-17-580, RELATING TO PROCEDURES FOR JUDICIAL COMMITMENT TO A MENTAL HEALTH FACILITY, SO AS TO CLARIFY THESE PROCEDURES AND TO AUTHORIZE THE COURT TO ORDER OUT-PATIENT TREATMENT FOLLOWING IN-PATIENT COMMITMENT; TO AMEND SECTION 44-24-150, RELATING TO THE AUTHORITY OF THE FAMILY COURT TO COMMIT CERTAIN CHILDREN FOR PSYCHIATRIC EVALUATION, SO AS TO PROVIDE THAT THE COURT MAY ORDER THAT SUCH AN EVALUATION BE CONDUCTED BY A COMMUNITY MENTAL HEALTH CENTER AND THAT IF AN IN-PATIENT EVALUATION IS RECOMMENDED, THE COURT MAY COMMIT THE CHILD TO A DESIGNATED HOSPITAL FOR UP TO FIFTEEN DAYS FOR SUCH AN EVALUATION; AND TO AMEND SECTION 44-52-50, RELATING TO PROCEDURES FOR EMERGENCY ADMISSIONS FOR ALCOHOL AND DRUG TREATMENT, SO AS TO CLARIFY THAT IF A COURT ISSUES AN ORDER TO TAKE A PERSON IN NEED OF SUCH TREATMENT INTO PROTECTIVE CUSTODY, THE ORDER IS VALID ONLY FOR SEVENTY-TWO HOURS.

ORDERED TO THIRD READING

The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:

H. 3682 (Word version) -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-35-125 SO AS TO ALLOW BENEFITS FOR INDIVIDUALS UNEMPLOYED AS A DIRECT RESULT OF DOMESTIC ABUSE, TO AMEND SECTION 41-31-125, RELATING TO THE ASSIGNMENT OF THE EMPLOYMENT BENEFIT RECORD OF AN EMPLOYMENT UNIT IN A BUSINESS ACQUISITION OR REORGANIZATION WITH CONTINUITY OF CONTROL FOR PURPOSES OF THE SOUTH CAROLINA EMPLOYMENT SECURITY LAW, SO AS TO REQUIRE A VIOLATION TO BE KNOWING RATHER THAN WILFUL AND TO DEFINE "KNOWINGLY" AND "KNOWING" AND TO REQUIRE THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO ESTABLISH PROCEDURES TO IDENTIFY THE TRANSFER OF A BUSINESS, TO AMEND SECTION 41-35-120, RELATING TO DISQUALIFICATION FOR BENEFITS OF AN INSURED WORKER UNDER THE EMPLOYMENT SECURITY LAW, SO AS TO PROVIDE THE WORKER IS INELIGIBLE FOR BENEFITS IF HE REFUSES TO TAKE A DRUG TEST OR TESTS POSITIVE DURING A DRUG TEST FOR CERTAIN SUBSTANCES, TO PROVIDE THE REQUIREMENTS FOR DRUG TESTING AND TO ALLOW INFORMATION RECEIVED BY AN EMPLOYER IN A DRUG-TESTING PROGRAM TO BE RECEIVED IN EVIDENCE IN A PROCEEDING DETERMINING ELIGIBILITY FOR UNEMPLOYMENT COMPENSATION, AND TO AMEND SECTION 41-35-130, RELATING TO UNEMPLOYMENT PAYMENTS NOT CHARGEABLE TO A FORMER EMPLOYER, SO AS TO PROVIDE THAT BENEFITS PAID IN CONNECTION WITH A DOMESTIC ABUSE-RELATED JOB LOSS MUST NOT BE CHARGED TO THE ACCOUNT OF A CONTRIBUTING EMPLOYER.

Rep. CATO explained the Bill.

H. 3695 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF DENTISTRY-DEPARTMENT OF LABOR, LICENSING AND REGULATION, RELATING TO EXAMINATION OF DENTISTS AND DENTAL HYGIENISTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2949, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. PARKS explained the Joint Resolution.

H. 3696 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF DENTISTRY-DEPARTMENT OF LABOR, LICENSING AND REGULATION, RELATING TO RE-EXAMINATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2950, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. PARKS explained the Joint Resolution.

H. 3067 (Word version) -- Reps. J. R. Smith, Clark, Clyburn, Perry, D. C. Smith, Stewart and G. R. 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.

Rep. HINSON explained the Bill.

OBJECTION TO RECALL

Rep. SCOTT asked unanimous consent to recall H. 3580 (Word version) from the Committee on Ways and Means.
Rep. YOUNG objected.

H. 3430--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

The Senate amendments to the following Bill were taken up for consideration:

H. 3430 (Word version) -- Reps. Vick, Jennings, Lucas and Neilson: A BILL TO PROVIDE THAT EACH MEMBER OF THE CHESTERFIELD COUNTY TRANSPORTATION COMMITTEE SHALL BE ALLOWED AND PAID FROM CHESTERFIELD COUNTY "C" FUND REVENUES SEVENTY-FIVE DOLLARS FOR EACH MEETING AT WHICH HE IS IN ATTENDANCE, TO PROVIDE THAT THE COMMITTEE SHALL RECEIVE THE PAYMENT AUTHORIZED IN THIS ACT UPON ISSUANCE OF APPROVED VOUCHERS BY THE COMMITTEE'S CHAIRMAN, EXCEPT THAT THE CHAIRMAN MAY NOT APPROVE VOUCHERS IN ANY SINGLE FISCAL YEAR WHICH VOUCHERS AUTHORIZE PAYMENT FOR MORE THAN FIFTEEN MEETINGS PER FISCAL YEAR FOR EACH MEMBER OF THE COMMITTEE, AND TO PROVIDE THAT THE CHAIRMAN OF THE CHESTERFIELD COUNTY LEGISLATIVE DELEGATION SHALL BE AN EX OFFICIO NONVOTING MEMBER OF THE CHESTERFIELD COUNTY TRANSPORTATION COMMITTEE.

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.

RECURRENCE TO THE MORNING HOUR

Rep. D. C. SMITH moved that the House recur to the Morning Hour, which was agreed to.

CONCURRENT RESOLUTION

The following was introduced:

H. 3715 (Word version) -- Rep. Merrill: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE THE ACCOMPLISHMENTS OF SIENNA RESTAURANT AND ITS EXECUTIVE CHEF KEN VEDRINSKI OF DANIEL ISLAND ON THE OCCASION OF ITS ANNIVERSARY CELEBRATION.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

INTRODUCTION OF BILLS

The following Bills were introduced, read the first time, and referred to appropriate committee:

H. 3718 (Word version) -- Reps. Huggins, Frye, Clark, Haley, Ballentine, Bingham, Toole and E. H. Pitts: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL EXEMPTIONS FROM AD VALOREM PROPERTY TAXES, SO AS TO DELETE THE EXEMPTION OF PROPERTY OF NONPROFIT HOUSING CORPORATIONS WHICH ARE DEVOTED TO PROVIDING HOUSING TO LOW AND VERY LOW INCOME RESIDENTS.
Referred to Committee on Ways and Means

H. 3719 (Word version) -- Reps. Wilkins, Merrill and Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-6000 SO AS TO ALLOW A TAXPAYER TO CONTRIBUTE ONE DOLLAR TO THE POLITICAL PARTY OF THE TAXPAYER'S CHOICE BY MEANS OF A CHECKOFF ON THE TAXPAYER'S SOUTH CAROLINA INDIVIDUAL INCOME TAX RETURN, TO ESTABLISH THE SOUTH CAROLINA POLITICAL PARTIES FINANCING FUND TO RECEIVE CONTRIBUTIONS AND PROVIDE FOR THE DISTRIBUTION OF THE REVENUES OF THE FUND TO THE STATE'S POLITICAL PARTIES.
Referred to Committee on Ways and Means

Rep. BARFIELD moved that the House do now adjourn, which was agreed to.

ADJOURNMENT

At 12:40 p.m. the House, in accordance with the motion of Rep. SANDIFER, adjourned in memory of Charles Barrett of Westminster, father of Congressman Gresham Barrett, to meet at 10:00 a.m. tomorrow.

***

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