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 2 Timothy 1:7: "For God did not give us a spirit of timidity, but a spirit of power, of love and of self-discipline."
Let us pray. Almighty God, bless us with a reverent sense of Your presence, that we may be at peace and able to work for the rights of all people. Help us to use the power You give to us that we work faithfully to do those things which are important and meaningful. Bestow Your mercy and compassion on Rep. Rhoad and his family. Look in kindness upon our Nation, President, State and leaders. Protect our defenders of freedom and keep them safe. 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 yesterday, the SPEAKER ordered it confirmed.
Rep. COATES moved that when the House adjourns, it adjourn in memory of Jack Rose, Jr. and Mary Alice Myrick of Florence, which was agreed to.
The House stood in silent prayer for Representative Rhoad and his family in sympathy for the death of his son, Thomas Rhoad III.
Rep. HARVIN, from the Committee on Clarendon Delegation, submitted a favorable report on:
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.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report on:
H. 3413 (Word version) -- Rep. Talley: A BILL TO AMEND SECTIONS 59-1-390, 59-1-448, 59-1-452, AS AMENDED, 59-5-61, 59-5-65, AS AMENDED, 59-5-140, 59-18-920, 59-20-40, AS AMENDED, 59-24-10, AS AMENDED, 59-24-130, 59-39-100, AS AMENDED, 59-54-20, AS AMENDED, 59-54-40, AS AMENDED, 59-54-50, 59-54-60, AND ARTICLE 21, CHAPTER 53, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO VOCATIONAL EDUCATION, SO AS TO CHANGE REFERENCES FROM "VOCATIONAL EDUCATION", "VOCATIONAL TRAINING", "VOCATIONAL PROGRAMS", AND OTHERS TO "CAREER AND TECHNOLOGY EDUCATION", "CAREER AND TECHNOLOGY TRAINING", "CAREER AND TECHNOLOGY PROGRAMS", TO MAKE OTHER CORRESPONDING CHANGES, TO FURTHER PROVIDE FOR PROCEDURES REGARDING THE EXPENDITURE OF CERTAIN FUNDING, AND TO MAKE TECHNICAL CORRECTIONS.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report on:
H. 3024 (Word version) -- Reps. Davenport, Barfield, Leach, Rice, Simrill and Mahaffey: A BILL TO AMEND SECTION 56-3-3950, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE "KEEP SOUTH CAROLINA BEAUTIFUL" SPECIAL LICENSE PLATES, SO AS TO SPECIFY THE PROJECTS THAT THE "KEEP SOUTH CAROLINA BEAUTIFUL FUND" MAY BE USED TO FINANCE, AND TO REVISE THE ALLOCATION OF THE FEES COLLECTED FROM THE ISSUANCE OF "KEEP SOUTH CAROLINA BEAUTIFUL" SPECIAL LICENSE PLATES.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report on:
H. 3503 (Word version) -- Reps. Limehouse and Scarborough: A BILL TO AMEND SECTION 56-3-2010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF PERSONALIZED LICENSE PLATES BY THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE THAT PERSONALIZED LICENSE PLATES ISSUED TO MEMBERS OF FEDERAL COMMISSIONS AND BOARDS EXPIRE JANUARY THIRTY-FIRST EACH YEAR IN WHICH A NEW SESSION OF THE GENERAL ASSEMBLY BEGINS.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report on:
S. 113 (Word version) -- Senators Verdin, Knotts, Elliott and Campsen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 48 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE SONS OF CONFEDERATE VETERANS SPECIAL LICENSE PLATES.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report with amendments on:
H. 3392 (Word version) -- Reps. Toole, Clyburn, Jefferson, Limehouse, Vaughn and Pinson: A BILL TO AMEND SECTION 59-150-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TUITION ASSISTANCE TO ATTEND A STATE TECHNICAL COLLEGE OR A TWO-YEAR INSTITUTION, SO AS TO PROVIDE THAT IF A STUDENT FEELS THAT HE WILL DEFINITELY NOT QUALIFY TO RECEIVE FEDERAL FINANCIAL AID, THE STUDENT MAY COMPLETE A SIMPLE FORM OF MINIMUM QUESTIONS TO DETERMINE IF THE STUDENT DEFINITELY WILL NOT QUALIFY TO RECEIVE FEDERAL FINANCIAL AID, AND IF SO, THE STUDENT IS EXEMPT FROM COMPLETING THE FREE APPLICATION FOR FEDERAL STUDENT AID.
Ordered for consideration tomorrow.
On motion of Rep. OTT, with unanimous consent, the following was taken up for immediate consideration:
H. 3731 (Word version) -- Reps. Ott, Wilkins, 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, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, 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, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A HOUSE RESOLUTION TO CELEBRATE THE DECLARATION OF INDEPENDENCE AND THE UNITED STATES CONSTITUTION WITH ITS BILL OF RIGHTS ENUMERATING OUR UNALIENABLE RIGHTS AND LIBERTIES AND TO PROCLAIM WEDNESDAY, MARCH 16, 2005, AS "LIBERTY DAY" IN SOUTH CAROLINA.
Whereas, our rights and liberties are rooted in the cherished documents of our nation - the Declaration of Independence and the United States Constitution with its Bill of Rights - both of which set forth the principles on which our wonderful country is based; and
Whereas, during the Constitutional Convention of 1787, James Madison's Virginia Plan became the foundation of the new American Constitution replacing the Articles of Confederation and establishing our present form of government; and
Whereas, a leading architect of the Constitution, James Madison also introduced the Bill of Rights when he served in the United States House of Representatives from 1789 to 1797; and
Whereas, we as Americans enjoy our freedom and the rule of law through these documents created by our founding fathers; and
Whereas, it is appropriate to proclaim the sixteenth day of March as "Liberty Day" because it is the birth date of founding father James Madison, who went on to serve as the fourth President of the United States; and
Whereas, the rich culture and history of the United States of America can be sustained as long as each generation maintains an understanding of and commitment to the principles of our founding documents; and
Whereas, it is with great pleasure that the members of the South Carolina House of Representatives pause in recognition of "Liberty Day" to remember and appreciate the incredible achievements of our founding fathers and the rights, privileges, and responsibilities they secured for the people of the United States of America. Now, therefore,
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, celebrate the Declaration of Independence and the United States Constitution with its Bill of Rights enumerating our unalienable rights and liberties and proclaim Wednesday, March 16, 2005, as "Liberty Day" in South Carolina.
The Resolution was adopted.
The Senate sent to the House the following:
S. 606 (Word version) -- Senator Alexander: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE WILLIAM T. CULPEPPER III, STATE REPRESENTATIVE FROM EDENTON, NORTH CAROLINA FOR HIS TRULY DISTINGUISHED CAREER AS A MEMBER OF NORTH CAROLINA HOUSE OF REPRESENTATIVES AND TO RECOGNIZE HIS DEDICATION TO THE PEOPLE OF BOTH NORTH AND SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3732 (Word version) -- Reps. Umphlett, Barfield, Stewart, Jennings, Haley, Weeks, Agnew, Altman, Anthony, Bailey, Bales, Bingham, Bowers, Branham, G. Brown, R. Brown, Cato, Ceips, Chalk, Clark, Clemmons, Clyburn, Cobb-Hunter, Coleman, Dantzler, Delleney, Duncan, Emory, Frye, Funderburk, Hardwick, Harvin, Hayes, Herbkersman, J. Hines, Hiott, Howard, Jefferson, Kennedy, Lee, Limehouse, Littlejohn, Loftis, Mack, Mahaffey, McCraw, McGee, Moody-Lawrence, J. H. Neal, J. M. Neal, Ott, Parks, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rivers, Rutherford, Sandifer, F. N. Smith, G. R. Smith, Taylor, Toole, Vick, Viers, Whipper, Whitmire and Witherspoon: A BILL TO AMEND SECTION 1-3-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFICERS WHO MAY BE REMOVED BY THE GOVERNOR FOR CAUSE, SO AS TO ADD THE DIRECTORS OF THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY; TO AMEND SECTION 15-78-60, RELATING TO GOVERNMENTAL IMMUNITY, SO AS TO PROVIDE THAT THE PUBLIC SERVICE AUTHORITY IS NOT LIABLE FOR CERTAIN LOSSES RESULTING FROM CONDUCT OF A DIRECTOR OF THE AUTHORITY; TO AMEND SECTION 15-78-70, RELATING TO THE LIABILITY OF A GOVERNMENTAL EMPLOYEE, SO AS TO PROVIDE THAT A DIRECTOR OF THE PUBLIC SERVICE AUTHORITY IS NOT IMMUNE FROM LIABILITY FOR CERTAIN CONDUCT AND TO PROVIDE THAT THE INSURANCE RESERVE FUND IS PROHIBITED FROM PROVIDING INSURANCE COVERAGE FOR THAT INDIVIDUAL LIABILITY; TO AMEND SECTION 58-3-530, RELATING TO THE DUTIES AND FUNCTIONS OF THE STATE REGULATIONS OF PUBLIC UTILITIES REVIEW COMMITTEE, SO AS TO ADD THE DUTY TO SCREEN CANDIDATES FOR THE BOARD OF DIRECTORS OF THE PUBLIC SERVICE AUTHORITY; TO AMEND SECTION 58-31-20, RELATING TO THE BOARD OF DIRECTORS OF THE PUBLIC SERVICE AUTHORITY, SO AS TO SET FORTH QUALIFICATIONS AND REQUIREMENTS FOR DIRECTORS AND TO PROVIDE FOR THE SCREENING OF DIRECTORS, TO AMEND SECTION 58-31-30, AS AMENDED, RELATING TO THE POWERS OF THE PUBLIC SERVICE AUTHORITY, SO AS TO PROHIBIT THE AUTHORITY FROM DISPOSING OF CERTAIN OF ITS PROPERTY WITHOUT PRIOR APPROVAL OF THE GENERAL ASSEMBLY OR FROM INQUIRING INTO THE FEASIBILITY OF DISPOSING OF ITS PROPERTY; BY ADDING SECTION 58-31-55 SO AS TO PROVIDE STANDARDS OF CONDUCT FOR DIRECTORS OF THE PUBLIC SERVICE AUTHORITY; BY ADDING SECTION 58-31-56 SO AS TO DEFINE CONFLICT OF INTEREST TRANSACTION; TO ADD SECTION 58-31-57 SO AS TO PERMIT CUSTOMERS OF THE PUBLIC SERVICE AUTHORITY TO SUE DIRECTORS OF THE AUTHORITY FOR BREACH OF DUTY AND TO PROVIDE DAMAGES; AND TO AMEND SECTION 58-31-110, RELATING TO THE TRANSFER OF NET EARNINGS OF THE PUBLIC SERVICE AUTHORITY, SO AS TO PROVIDE THAT ONLY THE NET EARNINGS NOT NECESSARY FOR THE OPERATION OF AND IN THE BEST INTEREST OF THE PUBLIC SERVICE AUTHORITY SHALL BE PAID TO THE STATE TREASURER AND USED TO REDUCE THE TAX BURDENS ON THE PEOPLE OF THE STATE.
Referred to Committee on Labor, Commerce and Industry
H. 3733 (Word version) -- Rep. Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 127, TITLE 59 SO AS TO ENACT THE "SOUTH CAROLINA STATE UNIVERSITY ACADEMIC AND ADMINISTRATIVE FACILITIES BOND ACT", WHICH PRESCRIBES THE MANNER IN WHICH AND CONDITION UNDER WHICH SOUTH CAROLINA STATE UNIVERSITY MAY ISSUE CERTAIN REVENUE BONDS FOR THE ACQUISITION OF ACADEMIC AND ADMINISTRATIVE BUILDINGS.
Referred to Committee on Ways and Means
H. 3735 (Word version) -- Reps. Vaughn, Cato, Haskins, Hamilton, Leach, Loftis, Cotty, Pinson, Altman, Haley, Rhoad, Barfield, Branham, Cooper, Duncan, Emory, Frye, Hinson, Hosey, Limehouse, Littlejohn, Martin, Merrill, Perry, Tripp, Umphlett and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-1335 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES SHALL SUSPEND A VEHICLE'S REGISTRATION AND NOT REGISTER OR REREGISTER A MOTOR VEHICLE THAT WAS OPERATED WHEN ITS DRIVER FAILED TO PAY A TOLL AND WHOSE OWNER HAS AN OUTSTANDING JUDGMENT FOR FAILURE TO PAY A TOLL ENTERED AGAINST HIM, TO PROVIDE A FIFTY DOLLAR REINSTATEMENT FEE THAT MUST BE USED TO DEFRAY THE COSTS ASSOCIATED WITH THIS SECTION; TO AMEND SECTION 57-5-1495, AS AMENDED, RELATING TO THE COLLECTION OF TOLLS, SO AS TO PROVIDE THAT UPON AN ADJUDICATION OF LIABILITY FOR FAILURE TO PAY A TOLL, THE COURT MUST MAIL A COPY OF THE JUDGMENT TO THE VEHICLE'S OWNER OR OPERATOR, TO PROVIDE THAT IF THE JUDGMENT IS NOT SATISFIED WITHIN A CERTAIN PERIOD OF TIME, THE COURT SHALL NOTIFY THE DEPARTMENT OF MOTOR VEHICLES OF THIS INCIDENT WHICH SHALL SUSPEND THE REGISTRATION OF THE VEHICLE THAT WAS OPERATED WHEN THE TOLL WAS NOT PAID AND DENY THE VEHICLE'S REGISTRATION OR REREGISTRATION UNTIL THE JUDGMENT IS SATISFIED, TO DELETE THE PROVISION THAT REFERS TO THE CITATION AS A TRAFFIC CITATION, AND TO PROVIDE THAT A "FAILURE TO PAY A TOLL" CITATION CONSTITUTES THE SUMMONS AND COMPLAINT FOR AN ACTION TO RECOVER THE TOLL AND ALL APPLICABLE FEES ALLOWED PURSUANT TO THIS SECTION.
Referred to Committee on Education and Public Works
S. 78 (Word version) -- Senator Knotts: A BILL TO AMEND SECTION 23-6-440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF CERTIFICATES AND OTHER APPROPRIATE INDICIA OF COMPLIANCE AND QUALIFICATION TO LAW ENFORCEMENT OFFICERS OR OTHER PERSONS TRAINED BY THE DEPARTMENT OF PUBLIC SAFETY'S DIVISION OF TRAINING AND CONTINUING EDUCATION, SO AS TO REVISE THE TYPE OF EVIDENCE RELATING TO CRIMINAL CONVICTIONS AND CHARACTER THAT AN EMPLOYER OF A LAW ENFORCEMENT OFFICER MUST PROVIDE TO THE DEPARTMENT REGARDING AN OFFICER WHO IS A CANDIDATE FOR CERTIFICATION; TO AMEND SECTION 24-21-990, AS AMENDED, RELATING TO THE RESTORATION OF THE CIVIL RIGHTS OF A PERSON WHO RECEIVES A PARDON, SO AS TO PROVIDE THAT A PARDON DOES NOT ALLOW A PERSON TO BECOME A CERTIFIED LAW ENFORCEMENT OFFICER UNDER CERTAIN CIRCUMSTANCES; AND TO AMEND SECTION 24-21-1000, RELATING TO A CERTIFICATE OF PARDON ISSUED TO A PERSON WHO IS GRANTED A PARDON, SO AS TO PROVIDE THAT CERTAIN PARDONED CRIMES AND CONVICTIONS MAY BE USED TO ENHANCE CERTAIN SUBSEQUENT OFFENSES.
Referred to Committee on Judiciary
S. 307 (Word version) -- Senators Peeler, Verdin, Cromer, Ryberg, Knotts, Alexander and Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-1885 SO AS TO PROVIDE THE CIRCUMSTANCES WHEN IT IS LAWFUL TO DRIVE A VEHICLE IN THE LEFT LANE OF AN INTERSTATE HIGHWAY, AND TO PROVIDE THE CIRCUMSTANCES UNDER WHICH A TRAFFIC TICKET MAY BE ISSUED FOR THE VIOLATION OF THIS PROVISION.
Referred to Committee on Judiciary
S. 598 (Word version) -- Senators Sheheen and Lourie: A BILL TO AMEND ACT 930 OF 1970, AS AMENDED, RELATING TO SCHOOL TRUSTEES FOR KERSHAW COUNTY, SO AS TO REVISE THE ELECTION DISTRICTS FROM WHICH THE MEMBERS OF THE BOARD OF TRUSTEES ARE ELECTED; AND TO DESIGNATE A MAP NUMBER FOR THE MAP ON WHICH THESE LINES OF THE ELECTION DISTRICTS FOR TRUSTEES ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
Referred to Kershaw Delegation
The following was introduced:
H. 3734 (Word version) -- Reps. Perry, W. D. Smith, Harrell, Wilkins, Cobb-Hunter, 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, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, 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, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, 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, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION TO WELCOME INTO THE WORLD MADELINE ANNE MARTIN, DAUGHTER OF JOHN AND CASEY MARTIN OF COLUMBIA, AND TO WISH HER GOOD HEALTH, IMMENSE HAPPINESS, AND EVERY SUCCESS IN THE WORLD AS SHE EMBARKS ON HER LIFE JOURNEY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows:
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 Coates Cobb-Hunter Coleman Cooper Davenport Delleney Duncan Edge Emory Frye Funderburk Govan Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hiott Hosey Huggins Jefferson Jennings Kennedy Kirsh Leach Lee Limehouse Littlejohn Loftis Lucas Mahaffey 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 Rice 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 Talley Taylor Thompson Toole Townsend Tripp Vaughn Vick Viers Walker Weeks White Whitmire Wilkins Witherspoon Young
I came in after the roll call and was present for the Session on Thursday, March 10.
Bill Cotty Thomas Dantzler Todd Rutherford William Clyburn Becky Martin Leon Howard Jackson "Seth" Whipper Alex Harvin
The SPEAKER granted Rep. UMPHLETT a leave of absence for the day due to family illness.
The SPEAKER granted Rep. RHOAD a leave of absence for the day due to a death in the family.
Announcement was made that Dr. Leo Walker of Columbia is the Doctor of the Day for the General Assembly.
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. 3701 (Word version)
Date: ADD:
03/10/05 FUNDERBURK
Bill Number: H. 3312 (Word version)
Date: ADD:
03/10/05 VICK
Bill Number: H. 3577 (Word version)
Date: ADD:
03/10/05 VICK
Bill Number: H. 3579 (Word version)
Date: ADD:
03/10/05 VICK
Bill Number: H. 3578 (Word version)
Date: ADD:
03/10/05 VICK
Bill Number: H. 3685 (Word version)
Date: ADD:
03/10/05 COATES
Bill Number: H. 3685 (Word version)
Date: ADD:
03/10/05 MCGEE
Bill Number: H. 3676 (Word version)
Date: ADD:
03/10/05 J. H. NEAL
Bill Number: H. 3402 (Word version)
Date: ADD:
03/10/05 CHELLIS
Bill Number: H. 3402 (Word version)
Date: ADD:
03/10/05 STEWART
Bill Number: H. 3402 (Word version)
Date: ADD:
03/10/05 MAHAFFEY
Bill Number: H. 3402 (Word version)
Date: ADD:
03/10/05 BARFIELD
Bill Number: H. 3402 (Word version)
Date: ADD:
03/10/05 HUGGINS
Bill Number: H. 3402 (Word version)
Date: ADD:
03/10/05 LOFTIS
Bill Number: H. 3402 (Word version)
Date: ADD:
03/10/05 WHITE
Bill Number: H. 3402 (Word version)
Date: ADD:
03/10/05 CLEMMONS
Bill Number: H. 3604 (Word version)
Date: REMOVE:
03/10/05 SCOTT
Rep. HARRELL moved that H. 3716, the General Appropriation Bill for Fiscal Year 2005-2006, be set for Special Order on Monday, March 14, 2005, immediately after Senate Amendments and immediately after roll call every day thereafter, and continue each day until given second reading, which was agreed to.
Rep. HARRELL moved that H. 3717, the Joint Resolution appropriating the Capital Reserve Fund for Fiscal Year 2004-2005, be set for special order immediately following second reading of H. 3716, and immediately after roll call every day thereafter, which was agreed to.
Rep. HARRELL moved that H. 3716 be set for Special Order for third reading immediately following second reading of H. 3717, and immediately after roll call every day thereafter, and continue each day thereafter until given third reading, which was agreed to.
Rep. HARRELL moved that H. 3717 be set for Special Order for third reading immediately after third reading of H. 3716, and immediately after roll call every day thereafter, and continue each day thereafter until given third reading, which was agreed to.
Rep. HARRELL moved that while debating H. 3716 and H. 3717 on second reading the Bills on the Calendar be printed by number only, which was agreed to.
Rep. HARRELL moved that when the House adjourns today that it adjourn to meet in local session on Friday, March 11th and convene at 11:00 a.m., Monday, March 14, 2005, in statewide session, which was agreed to.
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
H. 3728 (Word version) -- Reps. Mahaffey, Sinclair, Davenport and Lee: A BILL TO AMEND ACT 1105 OF 1956, AS AMENDED, RELATING TO THE CREATION OF THE STARTEX-JACKSON-WELLFORD-DUNCAN WATER DISTRICT IN SPARTANBURG COUNTY, SO AS TO REQUIRE THAT ALL COMMISSIONERS OF THE DISTRICT SHALL RESIDE IN THE DISTRICT OR IN ITS SERVICE AREA.
H. 3239 (Word version) -- Rep. Witherspoon: A BILL TO AMEND SECTION 56-3-9600, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO "NO MORE HOMELESS PETS" LICENSE PLATES, THE FEES FOR THESE LICENSE PLATES, AND THE SPECIAL FUND TO SUPPORT LOCAL ANIMAL SPAYING AND NEUTERING PROGRAMS, SO AS TO PROVIDE THAT THE DEPARTMENT OF AGRICULTURE RATHER THAN THE STATE VETERINARIAN IS AUTHORIZED TO DESIGNATE THE USES OF MONIES IN THE SPECIAL FUND AND TO RECEIVE SPECIAL FUND MONIES FOR ADMINISTERING THE PROGRAM.
Rep. FRYE explained the Bill.
H. 3312 (Word version) -- Reps. Witherspoon and Vick: A BILL TO AMEND SECTION 56-3-670, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FARM TRUCK LICENSE FEES, SO AS TO REVISE THE DEFINITION OF THE TERM "FARM TRUCK".
Rep. FRYE explained the Bill.
H. 3579 (Word version) -- Reps. Witherspoon, Frye, Hiott, Ott and Vick: A BILL TO AMEND SECTION 46-9-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATING STATE CROP PEST COMMISSION ENFORCEMENT PROVISIONS, SO AS TO CLARIFY THOSE PERSONS TO WHOM CERTAIN PENALTIES MAY APPLY; AND TO ADD SECTION 46-33-100 SO AS TO PROVIDE THAT ANY PERSON SUBJECT TO TREE AND PLANT SHIPMENT PROVISIONS OF LAW OR OTHER PROVISIONS UNDER THE JURISDICTION OF THE STATE CROP PEST COMMISSION MAY BE ISSUED A STOP SALE, USE, AND DISTRIBUTION ORDER UNDER CERTAIN CONDITIONS.
Rep. WITHERSPOON explained the Bill.
S. 255 (Word version) -- Senator Grooms: A BILL TO AMEND ARTICLE 3, CHAPTER 39, TITLE 39 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LABELING AND MARKETING OF EGGS, SO AS TO FURTHER PROVIDE FOR THE REGULATION INCLUDING LICENSING OF SELLERS OF EGGS BY THE DEPARTMENT OF AGRICULTURE AND REQUIREMENTS FOR LABELING AND REFRIGERATED STORING OF EGGS, AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS.
Rep. FRYE explained the Bill.
S. 19 (Word version) -- Senators McConnell, Campsen, Elliott, Hayes, Fair, Richardson and Bryant: A BILL TO RATIFY AN AMENDMENT TO SECTION 1, ARTICLE VIII-A OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE POWERS OF THE GENERAL ASSEMBLY PERTAINING TO ALCOHOLIC LIQUORS AND BEVERAGES, SO AS TO REGULATE THEIR SALE IN CONTAINERS OF SUCH SIZE AS THE GENERAL ASSEMBLY CONSIDERS APPROPRIATE.
Rep. DELLENEY explained the Bill.
S. 91 (Word version) -- Senators McConnell, Knotts and Elliott: A BILL TO AMEND SECTION 1-7-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TERM OF OFFICE FOR SOLICITORS, SO AS TO PROVIDE THAT A SOLICITOR'S TERM OF OFFICE BEGINS AT NOON ON THE FIRST WEDNESDAY FOLLOWING THE SECOND TUESDAY IN JANUARY FOLLOWING HIS ELECTION AND ENDS AT NOON ON THE FIRST WEDNESDAY FOLLOWING THE SECOND TUESDAY IN JANUARY FOUR YEARS LATER.
Rep. DELLENEY explained the Bill.
H. 3079 (Word version) -- Reps. Howard, Clyburn, Cobb-Hunter and Whipper: A BILL TO AMEND SECTIONS 2-19-10, 2-19-20, 2-19-25, 2-19-30, 2-19-35, 2-19-70, 2-19-80, 2-19-100, 2-19-110, 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 AND FIT CANDIDATES TO THE GENERAL ASSEMBLY, TO DELETE THE REQUIREMENT THAT RACE, GENDER, NATIONAL ORIGIN, AND OTHER DEMOGRAPHIC FACTORS BE CONSIDERED BY THE COMMISSION, TO DEFINE THE TERM "IMMEDIATE FAMILY MEMBER", AND TO PROVIDE FURTHER CONFORMING CHANGES.
Rep. DELLENEY explained the Bill.
H. 3257 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 25-15-50 SO AS TO PROVIDE THAT A PERSON RETIRED OR DISCHARGED FROM THE ARMED SERVICES OF THE UNITED STATES WHO HAS FILED HIS RELEASE OR DISCHARGE CERTIFICATE NOW KNOWN AS DD FORM 214 WITH THE CLERK OF COURT OF ANY COUNTY OF THIS STATE FOR SAFEKEEPING OR OTHER PURPOSES MAY INVALIDATE THIS FILING AND REMOVE IT FROM THE PUBLIC RECORDS PURSUANT TO SPECIFIED PROCEDURES.
Rep. DELLENEY explained the Bill.
H. 3424 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 20-7-1220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COURT REQUIRING A PARENT TO PROVIDE HEALTH INSURANCE COVERAGE FOR A CHILD, SO AS TO PROVIDE THAT IN CHILD SUPPORT CASES ENFORCED BY THE DEPARTMENT OF SOCIAL SERVICES, THE DIVISION MUST USE THE NATIONAL MEDICAL SUPPORT NOTICE PROMULGATED BY FEDERAL LAW.
Rep. ALTMAN explained the Bill.
S. 583 (Word version) -- Senators J. V. Smith and Hutto: A JOINT RESOLUTION TO EXTEND BY ONE ADDITIONAL PROPERTY TAX YEAR THE PROPERTY TAX EXEMPTION ALLOWED FOR PROPERTY NOT OWNED BY BUT WHICH IS USED EXCLUSIVELY BY THE BOY SCOUTS OF AMERICA OR THE GIRL SCOUTS OF AMERICA.
Rep. RICE explained the Joint Resolution.
On motion of Rep. MAHAFFEY, with unanimous consent, it was ordered that H. 3728 (Word version) be read the third time tomorrow.
On motion of Rep. WITHERSPOON, with unanimous consent, it was ordered that H. 3239 (Word version) be read the third time tomorrow.
On motion of Rep. WITHERSPOON, with unanimous consent, it was ordered that H. 3312 (Word version) be read the third time tomorrow.
On motion of Rep. WITHERSPOON, with unanimous consent, it was ordered that H. 3579 (Word version) be read the third time tomorrow.
On motion of Rep. FRYE, with unanimous consent, it was ordered that S. 255 (Word version) be read the third time tomorrow.
On motion of Rep. DELLENEY, with unanimous consent, it was ordered that S. 19 (Word version) be read the third time tomorrow.
On motion of Rep. DELLENEY, with unanimous consent, it was ordered that S. 91 (Word version) be read the third time tomorrow.
On motion of Rep. DELLENEY, with unanimous consent, it was ordered that H. 3079 (Word version) be read the third time tomorrow.
On motion of Rep. DELLENEY, with unanimous consent, it was ordered that H. 3257 (Word version) be read the third time tomorrow.
On motion of Rep. ALTMAN, with unanimous consent, it was ordered that H. 3424 (Word version) be read the third time tomorrow.
On motion of Rep. RICE, with unanimous consent, it was ordered that S. 583 (Word version) be read the third time tomorrow.
The following Bill was taken up:
H. 3634 (Word version) -- Reps. Sandifer and Cato: A BILL TO AMEND SECTION 58-11-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT A RADIO COMMON CARRIER TO CONSTRUCT OR OPERATE A RADIO COMMON CARRIER SYSTEM MUST FIRST OBTAIN A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FROM THE PUBLIC SERVICE COMMISSION, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH THE COMMISSION MAY REGULATE "COMMERCIAL MOBILE SERVICE" PROVIDERS.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\ 20292SD05), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 58-11-100 of the 1976 Code is amended to read:
"Section 58-11-100. (A) No radio common carrier shall hereafter begin or continue the construction or operation of any a radio common carrier system, either directly or indirectly, without first obtaining from the commission a certificate that the public convenience and necessity requires such the construction or operation.
(B) Notwithstanding the provisions of subsection (A) or another provision of law, the commission may not impose requirements related to the terms, conditions, rates, or availability of, or otherwise regulate 'commercial mobile service' as that term is presently defined in 47 U.S.C.A. Section 332(d)(1) for as long as Section 332 of 47 U.S.C. or similar federal legislation remains in effect.
(C) Nothing in this section affects any jurisdiction conferred upon the commission by Section 58-9-280(E)(3).
(D) Nothing in this section affects the commission's jurisdiction or authority to address and resolve issues relating to arrangements and compensation between telecommunications carriers and commercial mobile service providers, pursuant to 47 U.S.C. Sections 251 and 252 or pursuant to other applicable provisions of law.
(E) Nothing in this section shall prohibit the commission from applying to commercial mobile radio service providers that have sought and received designation from the commission, and operate as eligible telecommunications carriers, pursuant to 47 U.S.C. Section 214(e), or as carriers of last resort, as defined in Section 58-9-10(10), the same rules, requirements, or standards that are generally applicable to carriers that are subject to alternative regulation under Section 58-9-576 and that operate as eligible telecommunications carriers or as carriers of last resort.
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
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. 3634 (Word version) be read the third time tomorrow.
The following Bill was taken up:
H. 3577 (Word version) -- Reps. Witherspoon, Frye, Hiott, Ott and Vick: A BILL TO AMEND SECTION 46-13-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PESTICIDE REGISTRATION FEES, SO AS TO INCREASE THE ANNUAL BASIC REGISTRATION FEE, TO PROVIDE A PROCEDURE FOR FUTURE INCREASES, AND FURTHER PROVIDE FOR THE USE OF THESE FUNDS.
Rep. WHITE 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 Bill was taken up:
H. 3578 (Word version) -- Reps. Witherspoon, Frye, Hiott, Ott and Vick: A BILL TO AMEND SECTION 46-25-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO FERTILIZER REGULATIONS, SO AS TO REVISE THE DEFINITION OF "SOIL AMENDMENT"; TO AMEND SECTION 46-25-30, AS AMENDED, RELATING TO ANALYSIS OF PLANT NUTRIENTS, SO AS TO PERMIT THE STATE CROP PEST COMMISSION TO REQUIRE PROOF OF CLAIMS MADE FOR FERTILIZER; AND TO AMEND SECTION 46-25-810, AS AMENDED, RELATING TO AN INSPECTION TAX AND TONNAGE REPORTS IN REGARD TO COMMERCIAL FERTILIZER, SO AS TO INCREASE THE INSPECTION TAX AND FURTHER PROVIDE FOR THE TONNAGE REPORT ON FERTILIZER SOLD, AND FOR CERTAIN ACTIONS WHICH WILL BE TAKEN IF THE REQUIRED TAXES AND REPORTS ARE NOT MADE.
Rep. WHITE 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:
S. 493 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION-ENVIRONMENTAL CERTIFICATION BOARD, RELATING TO CHAPTER REVISION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2931, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. OTT explained the Joint Resolution.
Rep. ALTMAN 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:
S. 326 (Word version) -- Senators Ritchie, Gregory, Sheheen, J. V. Smith and Ryberg: A BILL TO AMEND ACT 258 OF 2004, RELATING TO THE AQUATIC LIFE PROTECTION ACT, SO AS TO PROVIDE THAT THE PROVISIONS OF THIS ACT DO NOT APPLY TO ANY NEW, MODIFIED, OR RENEWAL PERMIT CONTAINING WHOLE EFFLUENT TOXICITY (WET) PERMIT LIMITS WHICH WAS DRAFTED AND PENDING ISSUANCE BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL ON THE EFFECTIVE DATE OF THIS ACT, SO LONG AS THE WET PERMIT LIMITS CONTAINED IN THE PERMIT ARE ACCEPTABLE TO THE PERMITTEE.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20314SD05), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 48-1-87 of the 1976 Code, as added by Act 258 of 2004, is amended to read:
"Section 48-1-87. (A) In order to provide for the survival and propagation of a balanced indigenous community of flora and fauna as set forth in Regulation 61-68 in a manner consistent with Section 48-1-20, the department may only impose NPDES permit limitations for whole effluent toxicity ("WET") expressed in terms of survival endpoints where, based on the mixing zone authorized in subsection (D), the department determines that a discharge has the reasonable potential to cause or contribute to an excursion of a water quality criterion in Regulation 61-68, other than numeric criteria for specific pollutants, that apply to the protection of indigenous aquatic organisms.
(B) The department shall promulgate regulations to implement WET tests that incorporate the findings of the study required by this subsection. The study must:
(1) develop a valid scientific correlation between sublethal WET test results and the biological integrity of representative lakes, streams, and estuaries in this State, wherein biological integrity includes the richness, abundance, and balanced community structure of indigenous aquatic organisms;
(2) calibrate EPA's standard toxicity testing species and methods to the natural water chemistry representative of the lakes, streams, groundwater, and natural stormwater runoff of this State; and
(3) as necessary, develop sublethal WET testing protocols in accordance with applicable EPA regulations and guidance using fish and invertebrate species native to this State, including sensitivity analyses to validate these native species for use in further sublethal WET tests, and to provide the correlations and calibrations set forth in items (1) and (2).
(C) Until such time as the department complies with subsection (B), the department may use sublethal WET test failures associated with a specific discharge only for the following purposes:
(1) to require additional WET testing;
(2) to require a Toxicity Identification Evaluation;
(3) to require an instream bioassessment;
(4) to impose a permit limit expressed in terms of lethality where the department can show reasonable potential pursuant to subsection (A); or
(5) to impose WET permit limits expressed in terms of sublethal endpoints where the department can show reasonable potential, in conformity with subsection (D)with respect to the specific discharge.
(D) For purposes of performing WET reasonable potential determinations for a specific discharge and, where justified, setting WET permit limitations for that discharge, the department shall:
(1) adjust for actual frequency, duration, and magnitude of exposure to potentially toxic discharges;
(2) evaluate acute and chronic instream exposure based on the complete mixing of the effluent with one hundred percent of that stream flow statistically calculated to represent the lowest average flow conditions that occur continuously for a seven-day period once every ten years (7Q10) or, for water bodies other than streams including, but not limited to, lakes and ponds, other reasonably equivalent conditions based on complete mixing with the 7Q10 flow of source waters feeding the water body;
(3) use stream flow conditions other than those described in item (2) where justified by hydrological controls that are capable of ensuring minimum flow conditions higher than the respective ten-year flows identified in item (2), to evaluate acute and chronic exposure, using the actual frequency, duration, and magnitude of that exposure;
(4) use, for stormwater discharges, stream flows higher than 7Q10 that are proportional to the rainfall event responsible for the stormwater discharge, with any resulting WET permit limitations comprising only those expressed in terms of acute survival endpoints;
(5) consider such mixing calculations as described in items (1), (2), (3), and (4) to be consistent with its policy set forth in Regulation 61-68 for minimizing mixing zones;
(6) provide for, at the request of an individual discharger, setting WET permit limitations based on actual flow conditions that may be present above the minimum flows defined in items (2), (3), and (4);
(7) show, based on scientifically established and statistically sound procedures and with results validated by independent peer review, that a statistically significant correlation exists between sublethal WET test results for the specific discharge and the extent of adverse impact on the indigenous biological community downstream of the discharge prior to imposing WET permit limits expressed in terms of sublethal endpoints;
(8) utilize a weight of evidence approach that gives primary consideration to compliance with numeric criteria and actual instream biological conditions;
(9) show that WET test results are at levels above which there is adequate confidence that test organism survival or reproductive rate in the effluent is statistically significantly different from test organism survival or reproductive rate in the control;
(10) allow, at the request of the permittee, the use of ambient receiving waters as control and diluent waters in WET tests used for compliance purposes; and
(11) exempt once-through, noncontact cooling water, to which no biocides have been added, from toxicity requirements.
(E) The department shall establish formal data quality objectives that define the level of accuracy and precision necessary to correctly evaluate WET test results and shall establish an enhanced laboratory certification program to implement those objectives.
(F) The department shall disclose, in the rationale for any NPDES permit in which a WET limit is imposed, the number of WET limit excursions that are statistically expected to arise during the permit term due to statistical error, analytical variability, or other factors unrelated to actual effluent quality.
(G) No later than one year after the effective date of this section, the department shall promulgate regulations, consistent with the use reclassification provisions of Regulation 61-68(E)(6) and conforming with applicable EPA regulations and guidance, to allow temporary variances from WET-based requirements or permit limits for a period of three years, subject to review and, as appropriate, subsequent renewals.
(H) Any provision in this section must not be construed to limit the department's authority to adopt water quality criteria or to impose permit limits for specific chemical pollutants, and any provision in this section must not be construed to obligate the department to revalidate existing water quality criteria or establish additional water quality criteria for specific chemical pollutants.
(I) For the purpose of implementing Section 48-1-20 and Regulation 61-68:
(1) "Propagation" means self-sustaining presence and dissemination of aquatic organisms native to this State within their natural environment.
(2) "Biological integrity" means a measure of the health of an aquatic or marine ecosystem using the richness and abundance of species as the primary indicator, and "biological integrity" is a key component of an "instream bioassessment".
(3) "Valid scientific correlation" means a statistically valid relationship allowing the prediction, to within a predetermined statistical confidence level of at least ninety-five percent, of the value of a second variable or parameter from the value of a first variable or parameter.
(4) "Sublethal toxicity tests" means laboratory experiments that measure the nonlethal biological effects including, but not limited to, growth or reproduction, of effluents or receiving waters on aquatic organisms.
(5) "Calibrate" means a process to establish the baseline control condition based on the normal range of biological responses likely to occur when standard test organisms are exposed to various nontoxic waters sampled from streams and lakes throughout the State.
(6) "Frequency, duration, and magnitude of exposure" means a measure of the potential for toxic effects to occur based on the amount of time that an organism is likely to be in contact with a given concentration of a potentially toxic substance and the probability that similar contact conditions will reoccur in waters of this State.
(A) In order to provide for the survival and propagation of a balanced community of aquatic flora and fauna as set forth in Regulation 61-68 in a manner consistent with Section 48-1-20, the department shall, where necessary to protect aquatic life, impose NPDES permit limitations for whole effluent toxicity ('WET') based on the mixing zone authorized in subsection (C), where the department determines that a discharge causes or has the reasonable potential to cause or contribute to an excursion of a water quality criterion in Regulation 61-68, other than numeric criteria for specific pollutants, that apply to the protection of aquatic organisms.
(B) As directed by this section, the department may promulgate regulations to implement WET tests that calibrate EPA's standard toxicity testing species and methods to the natural water chemistry representative of the lakes, streams, groundwater, and stormwater runoff of this State. In developing these regulations the department may use the findings of any scientifically defensible study it may conduct and may use other pertinent peer reviewed studies or conclusions. In the interim, this section shall not be construed to limit the department's authority to impose WET limits.
(C) For purposes of performing WET reasonable potential determinations for a specific discharge and, where justified, setting WET permit limitations for that discharge, the department, notwithstanding any other provision of law shall:
(1) develop procedures to allow up to one hundred percent dilution in waterbodies, based the 7Q10 flow as defined by Regulation 61-68, where justified by the permittee or permit applicant and approved by the department;
(2) use stream flow conditions other than those described in item (1) where justified by hydrological controls that are capable of ensuring critical flow conditions higher than the respective ten-year flows identified in item (1), to evaluate acute and chronic exposure;
(3) use, for storm water discharges, a represetative flow greater than 7Q10 flow, as demonstrated on a site-specific basis, with any resulting WET permit limitations comprising only those expressed in terms of acute survival endpoints;
(4) consider such mixing calculations as described in items (1), (2), and (3) to be consistent with its policy set forth in Regulation 61-68 for minimizing mixing zones;
(5) give consideration to compliance with numeric criteria and actual instream biological conditions, in the absence of a valid scientific correlation between sublethal WET test results and the biological integrity of representative lakes, streams, and estuaries in this State, wherein biological integrity includes the richness, abundance, and balanced community structure of indigenous aquatic organisms;
(6) allow, at the request of the permittee, the use of ambient receiving waters as control and dilution waters in WET tests;
(7) exempt once-through, noncontact cooling water, which contains no additives, from toxicity requirements; and
(8) allow dischargers to use WET testing protocols that utilize alternative species in accordance with applicable EPA regulations and guidance.
(D) No part of this section shall be construed to limit the department's authority to adopt water quality criteria, to impose permit limits for specific chemical pollutants, to obligate the department to revalidate existing water quality criteria or to establish additional water quality criteria for specific chemical pollutants. The department, whenever appropriate, shall utilize the flexibility of interpretation concerning WET testing and the use of WET test results provided by EPA.
(E) For the purpose of implementing Section 48-1-20 and Regulation 61-68:
(1) 'propagation' is defined in Regulation 61-68;
(2) 'biological integrity' means a measure of the health of an aquatic or marine ecosystem using the richness and abundance of species as the primary indicator, and 'biological integrity' is a key component of an 'instream bioassessment';
(3) 'sublethal toxicity tests' means laboratory experiments that measure the nonlethal biological effects, including, but not limited to, growth or reproduction, of effluents or receiving waters on aquatic organisms;
(4) 'calibrate' means a process to establish the baseline control condition based on the normal range of biological responses likely to occur when standard test organisms are exposed to various nontoxic waters sampled from streams and lakes throughout the State.
(F) For any NPDES permit that was taken over by EPA due to provisions of Act 258 of 2004 from July 1, 2004 through the effective date of this subsection as revised by the provisions of this 2005 act, the department shall convey to EPA, through the certification process (40 C.F.R. Part 124.53), any additional requirements mandated under state law. Moreover, notwithstanding any other provision of law or regulation, the requirement for a counterpart state permit for any such discharge is waived. Alternatively, at the request of the permittee, the department may waive the certification process and issue a state permit. However, affected permittees shall submit applications for reissuance to the department in accordance with Regulation 61-9, at least one hundred eighty days in advance of the expiration of the federal permits. At the discretion of the department, the annual fees for NPDES permits in Regulation 61-30 may continue to be charged, when certifying a federal permit, if the department waives the certification fee.
(G) The department shall reduce or eliminate WET monitoring requirements, as appropriate, in accordance with permit modification processes contained in Regulation 61-9, where dischargers demonstrate that their effluents do not demonstrate reasonable potential."
SECTION 2. Section 3 of Act 258 of 2004 is amended to read:
Section 3. If at any time after the effective date of this act, the United States Environmental Protection Agency publishes a Notice of Intent in the Federal Register to commence withdrawal of the South Carolina NPDES program as a direct result of this act, the application and enforcement of this act is suspended. The provisions of this act do not apply to any permit applicant or existing permittee so long as the permittee or permit applicant notifies the South Carolina Department of Health and Environmental Control (DHEC) in writing that it is opting out of this act. Upon receipt by DHEC of such notification, the provisions of this act do not govern any regulatory actions taken by DHEC on the proposed or existing permit.
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. OTT explained the amendment.
Rep. OTT moved to table the amendment, which was agreed to.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 2 (Doc Name COUNCIL\GJK\20314SD05), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 48-1-87 of the 1976 Code, as added by Act 258 of 2004, is amended to read:
"Section 48-1-87. (A) In order to provide for the survival and propagation of a balanced indigenous community of flora and fauna as set forth in Regulation 61-68 in a manner consistent with Section 48-1-20, the department may only impose NPDES permit limitations for whole effluent toxicity ("WET") expressed in terms of survival endpoints where, based on the mixing zone authorized in subsection (D), the department determines that a discharge has the reasonable potential to cause or contribute to an excursion of a water quality criterion in Regulation 61-68, other than numeric criteria for specific pollutants, that apply to the protection of indigenous aquatic organisms.
(B) The department shall promulgate regulations to implement WET tests that incorporate the findings of the study required by this subsection. The study must:
(1) develop a valid scientific correlation between sublethal WET test results and the biological integrity of representative lakes, streams, and estuaries in this State, wherein biological integrity includes the richness, abundance, and balanced community structure of indigenous aquatic organisms;
(2) calibrate EPA's standard toxicity testing species and methods to the natural water chemistry representative of the lakes, streams, groundwater, and natural stormwater runoff of this State; and
(3) as necessary, develop sublethal WET testing protocols in accordance with applicable EPA regulations and guidance using fish and invertebrate species native to this State, including sensitivity analyses to validate these native species for use in further sublethal WET tests, and to provide the correlations and calibrations set forth in items (1) and (2).
(C) Until such time as the department complies with subsection (B), the department may use sublethal WET test failures associated with a specific discharge only for the following purposes:
(1) to require additional WET testing;
(2) to require a Toxicity Identification Evaluation;
(3) to require an instream bioassessment;
(4) to impose a permit limit expressed in terms of lethality where the department can show reasonable potential pursuant to subsection (A); or
(5) to impose WET permit limits expressed in terms of sublethal endpoints where the department can show reasonable potential, in conformity with subsection (D)with respect to the specific discharge.
(D) For purposes of performing WET reasonable potential determinations for a specific discharge and, where justified, setting WET permit limitations for that discharge, the department shall:
(1) adjust for actual frequency, duration, and magnitude of exposure to potentially toxic discharges;
(2) evaluate acute and chronic instream exposure based on the complete mixing of the effluent with one hundred percent of that stream flow statistically calculated to represent the lowest average flow conditions that occur continuously for a seven-day period once every ten years (7Q10) or, for water bodies other than streams including, but not limited to, lakes and ponds, other reasonably equivalent conditions based on complete mixing with the 7Q10 flow of source waters feeding the water body;
(3) use stream flow conditions other than those described in item (2) where justified by hydrological controls that are capable of ensuring minimum flow conditions higher than the respective ten-year flows identified in item (2), to evaluate acute and chronic exposure, using the actual frequency, duration, and magnitude of that exposure;
(4) use, for stormwater discharges, stream flows higher than 7Q10 that are proportional to the rainfall event responsible for the stormwater discharge, with any resulting WET permit limitations comprising only those expressed in terms of acute survival endpoints;
(5) consider such mixing calculations as described in items (1), (2), (3), and (4) to be consistent with its policy set forth in Regulation 61-68 for minimizing mixing zones;
(6) provide for, at the request of an individual discharger, setting WET permit limitations based on actual flow conditions that may be present above the minimum flows defined in items (2), (3), and (4);
(7) show, based on scientifically established and statistically sound procedures and with results validated by independent peer review, that a statistically significant correlation exists between sublethal WET test results for the specific discharge and the extent of adverse impact on the indigenous biological community downstream of the discharge prior to imposing WET permit limits expressed in terms of sublethal endpoints;
(8) utilize a weight of evidence approach that gives primary consideration to compliance with numeric criteria and actual instream biological conditions;
(9) show that WET test results are at levels above which there is adequate confidence that test organism survival or reproductive rate in the effluent is statistically significantly different from test organism survival or reproductive rate in the control;
(10) allow, at the request of the permittee, the use of ambient receiving waters as control and diluent waters in WET tests used for compliance purposes; and
(11) exempt once-through, noncontact cooling water, to which no biocides have been added, from toxicity requirements.
(E) The department shall establish formal data quality objectives that define the level of accuracy and precision necessary to correctly evaluate WET test results and shall establish an enhanced laboratory certification program to implement those objectives.
(F) The department shall disclose, in the rationale for any NPDES permit in which a WET limit is imposed, the number of WET limit excursions that are statistically expected to arise during the permit term due to statistical error, analytical variability, or other factors unrelated to actual effluent quality.
(G) No later than one year after the effective date of this section, the department shall promulgate regulations, consistent with the use reclassification provisions of Regulation 61-68(E)(6) and conforming with applicable EPA regulations and guidance, to allow temporary variances from WET-based requirements or permit limits for a period of three years, subject to review and, as appropriate, subsequent renewals.
(H) Any provision in this section must not be construed to limit the department's authority to adopt water quality criteria or to impose permit limits for specific chemical pollutants, and any provision in this section must not be construed to obligate the department to revalidate existing water quality criteria or establish additional water quality criteria for specific chemical pollutants.
(I) For the purpose of implementing Section 48-1-20 and Regulation 61-68:
(1) "Propagation" means self-sustaining presence and dissemination of aquatic organisms native to this State within their natural environment.
(2) "Biological integrity" means a measure of the health of an aquatic or marine ecosystem using the richness and abundance of species as the primary indicator, and "biological integrity" is a key component of an "instream bioassessment".
(3) "Valid scientific correlation" means a statistically valid relationship allowing the prediction, to within a predetermined statistical confidence level of at least ninety-five percent, of the value of a second variable or parameter from the value of a first variable or parameter.
(4) "Sublethal toxicity tests" means laboratory experiments that measure the nonlethal biological effects including, but not limited to, growth or reproduction, of effluents or receiving waters on aquatic organisms.
(5) "Calibrate" means a process to establish the baseline control condition based on the normal range of biological responses likely to occur when standard test organisms are exposed to various nontoxic waters sampled from streams and lakes throughout the State.
(6) "Frequency, duration, and magnitude of exposure" means a measure of the potential for toxic effects to occur based on the amount of time that an organism is likely to be in contact with a given concentration of a potentially toxic substance and the probability that similar contact conditions will reoccur in waters of this State.
(A) In order to provide for the survival and propagation of a balanced community of aquatic flora and fauna as set forth in Regulation 61-68 in a manner consistent with Section 48-1-20, the department shall, where necessary to protect aquatic life, impose NPDES permit limitations for whole effluent toxicity ('WET') based on the mixing zone authorized in subsection (C), where the department determines that a discharge causes or has the reasonable potential to cause or contribute to an excursion of a water quality criterion in Regulation 61-68, other than numeric criteria for specific pollutants, that apply to the protection of aquatic organisms.
(B) As directed by this section, the department may promulgate regulations to implement WET tests that calibrate EPA's standard toxicity testing species and methods to the natural water chemistry representative of the lakes, streams, groundwater, and stormwater runoff of this State. In developing these regulations the department may use the findings of any scientifically defensible study it may conduct and may use other pertinent peer reviewed studies or conclusions. In the interim, this section shall not be construed to limit the department's authority to impose WET limits.
(C) For purposes of performing WET reasonable potential determinations for a specific discharge and, where justified, setting WET permit limitations for that discharge, the department, notwithstanding any other provision of law shall:
(1) develop procedures to allow up to one hundred percent dilution in waterbodies, based the 7Q10 flow as defined by Regulation 61-68, where justified by the permittee or permit applicant and approved by the department;
(2) use stream flow conditions other than those described in item (1) where justified by hydrological controls that are capable of ensuring critical flow conditions higher than the respective ten-year flows identified in item (1), to evaluate acute and chronic exposure;
(3) use, for storm water discharges, a represetative flow greater than 7Q10 flow, as demonstrated on a site-specific basis, with any resulting WET permit limitations comprising only those expressed in terms of acute survival endpoints;
(4) consider such mixing calculations as described in items (1), (2), and (3) to be consistent with its policy set forth in Regulation 61-68 for minimizing mixing zones;
(5) give consideration to compliance with numeric criteria and actual instream biological conditions, in the absence of a valid scientific correlation between sublethal WET test results and the biological integrity of representative lakes, streams, and estuaries in this State, wherein biological integrity includes the richness, abundance, and balanced community structure of indigenous aquatic organisms;
(6) allow, at the request of the permittee, the use of ambient receiving waters as control and dilution waters in WET tests;
(7) exempt once-through, noncontact cooling water, which contains no additives, from toxicity requirements; and
(8) allow dischargers to use WET testing protocols that utilize alternative species in accordance with applicable EPA regulations and guidance.
(D) No part of this section shall be construed to limit the department's authority to adopt water quality criteria, to impose permit limits for specific chemical pollutants, to obligate the department to revalidate existing water quality criteria or to establish additional water quality criteria for specific chemical pollutants. The department, whenever appropriate, shall utilize the flexibility of interpretation concerning WET testing and the use of WET test results provided by EPA.
(E) For the purpose of implementing Section 48-1-20 and Regulation 61-68:
(1) 'propagation' is defined in Regulation 61-68;
(2) 'biological integrity' means a measure of the health of an aquatic or marine ecosystem using the richness and abundance of species as the primary indicator, and 'biological integrity' is a key component of an 'instream bioassessment';
(3) 'sublethal toxicity tests' means laboratory experiments that measure the nonlethal biological effects, including, but not limited to, growth or reproduction, of effluents or receiving waters on aquatic organisms;
(4) 'calibrate' means a process to establish the baseline control condition based on the normal range of biological responses likely to occur when standard test organisms are exposed to various nontoxic waters sampled from streams and lakes throughout the State.
(F) For any NPDES permit that was taken over by EPA due to provisions of Act 258 of 2004 from July 1, 2004 through the effective date of this subsection as revised by the provisions of this 2005 act, the department shall convey to EPA, through the certification process (40 C.F.R. Part 124.53), any additional requirements mandated under state law. Moreover, notwithstanding any other provision of law or regulation, the requirement for a counterpart state permit for any such discharge is waived. Alternatively, at the request of the permittee, the department may waive the certification process and issue a state permit. However, affected permittees shall submit applications for reissuance to the department in accordance with Regulation 61-9, at least one hundred eighty days in advance of the expiration of the federal permits. At the discretion of the department, the annual fees for NPDES permits in Regulation 61-30 may continue to be charged, when certifying a federal permit, if the department waives the certification fee.
(G) The department shall reduce or eliminate WET monitoring requirements, as appropriate, in accordance with permit modification processes contained in Regulation 61-9, where dischargers demonstrate that their effluents do not demonstrate reasonable potential."
SECTION 2. Section 3 of Act 258 of 2004 is amended to read:
Section 3. If at any time after the effective date of this act, the United States Environmental Protection Agency publishes a Notice of Intent in the Federal Register to commence withdrawal of the South Carolina NPDES program as a direct result of this act, the application and enforcement of this act is suspended. The provisions of this act do not apply to any permit applicant or existing permittee so long as the permittee or permit applicant notifies the South Carolina Department of Health and Environmental Control (DHEC) in writing that it is opting out of this act. Upon receipt by DHEC of such notification, the provisions of this act do not govern any regulatory actions taken by DHEC on the proposed or existing permit.
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
The amendment was then adopted.
Rep. OTT explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. OTT, with unanimous consent, it was ordered that S. 326 (Word version) be read the third time tomorrow.
The following Bill was taken up:
H. 3110 (Word version) -- Reps. M. A. Pitts, Viers, Taylor, Rice, Witherspoon, Sandifer, Toole, Duncan, Huggins, Tripp, Cato, Walker, Davenport, G. R. Smith, Hamilton, Leach, F. N. Smith, Vaughn, Pinson, E. H. Pitts, Barfield, Clemmons, Owens, Young, Hinson, White, Loftis, Jennings, Hayes, Vick, Hosey, Merrill, Ceips, Bailey, Limehouse, Cooper, Hagood, Mahaffey, Bowers, Ott, Delleney, Talley, Scarborough, Hiott, McGee, J. R. Smith, Altman, Anthony, Umphlett, Hardwick, Townsend, Stewart, Thompson, J. E. Smith, Rutherford, Haley, Ballentine, Rhoad, Agnew, Littlejohn, Parks, Rivers and Chellis: A BILL TO AMEND SECTION 23-31-215, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF CONCEALABLE WEAPONS PERMITS, SO AS TO PROVIDE THAT VALID OUT-OF-STATE PERMITS TO CARRY CONCEALABLE WEAPONS HELD BY A RESIDENT OF ANOTHER STATE MUST BE HONORED BY THIS STATE AND TO DELETE THE PROVISION THAT THIS STATE WILL ONLY HONOR OUT-OF-STATE PERMITS ISSUED BY A STATE WITH WHICH SOUTH CAROLINA HAS RECIPROCITY.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7354AHB05), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 23-31-215(N) of the 1976 Code, as added by Act 464 of 1996, is amended to read:
"(N) Valid out-of-state permits to carry concealable weapons held by a resident of a reciprocal another state which honors a permit issued by South Carolina must be honored by this State. SLED shall make a determination as to those states which have permit issuance standards equal to or greater than the standards contained in this article and shall maintain and publish a list of those states as the states with which South Carolina has reciprocity enter into a reciprocal agreement with a state that requires a reciprocal agreement before honoring a South Carolina concealable weapons permit."
SECTION 2. Section 16-23-20 of the 1976 Code, as last amended by Act 294 of 2004, is further amended to read:
"Section 16-23-20. (A) It is unlawful for anyone to carry about the person any handgun, whether concealed or not, except as follows, unless otherwise specifically prohibited by law:
(1) regular, salaried law enforcement officers and reserve police officers of a municipality or county of the State, uncompensated Governor's constables, law enforcement officers of the federal government or other states when they are carrying out official duties while in this State, deputy enforcement officers of the Natural Resources Enforcement Division of the Department of Natural Resources, and retired commissioned law enforcement officers employed as private detectives or private investigators;
(2) members of the Armed Forces of the United States, the National Guard, organized reserves, or the State Militia when on duty;
(3) members, or their invited guests, of organizations authorized by law to purchase or receive firearms from the United States or this State or regularly enrolled members, or their invited guests, of clubs organized for the purpose of target shooting or collecting modern and antique firearms while these members, or their invited guests, are at or going to or from their places of target practice or their shows and exhibits;
(4) licensed hunters or fishermen who are engaged in hunting or fishing or going to or from their places of hunting or fishing while in a vehicle or on foot;
(5) a person regularly engaged in the business of manufacturing, repairing, repossessing, or dealing in firearms, or the agent or representative of this person, while possessing, using, or carrying a handgun in the usual or ordinary course of the business;
(6) guards authorized by law to possess handguns and engaged in protection of property of the United States or any agency of the United States;
(7) members of authorized military or civil organizations while parading or when going to and from the places of meeting of their respective organizations;
(8) a person in his home or upon his real property or a person who has the permission of the owner or the person in legal possession or the person in legal control of the home or real property;
(9) a person in a vehicle if the handgun is secured in a closed glove compartment, closed console, closed trunk, or in a closed container secured by an integral fastener and transported in the luggage compartment of the vehicle; however, this item is not violated if the glove compartment, console, or trunk is opened in the presence of a law enforcement officer for the sole purpose of retrieving a driver's license, registration, or proof of insurance;
(10) a person carrying a handgun unloaded and in a secure wrapper from the place of purchase to his home or fixed place of business or while in the process of changing or moving one's residence or changing or moving one's fixed place of business;
(11) a prison guard while engaged in his official duties;
(12) a person who is granted a permit under provision of law by the State Law Enforcement Division to carry a handgun about his person, under conditions set forth in the permit, and while transferring the handgun between the permittee's person and a location specified in item (9);
(13) the owner or the person in legal possession or the person in legal control of a fixed place of business, while at the fixed place of business, and the employee of a fixed place of business, other than a business subject to Section 16-23-465, while at the place of business; however, the employee may exercise this privilege only after: (a) acquiring a permit pursuant to item (12), and (b) obtaining the permission of the owner or person in legal control or legal possession of the premises;
(14) a person engaged in firearms-related activities while on the premises of a fixed place of business which conducts, as a regular course of its business, activities related to sale, repair, pawn, firearms training, or use of firearms, unless the premises is posted with a sign limiting possession of firearms to holders of permits issued pursuant to item (12);
(15) a person while transferring a handgun directly from or to a vehicle and a location specified in this section where one may legally possess the handgun;
(16) Any a person on a motorcycle when the pistol is secured in a closed saddlebag or other similar closed accessory container attached, whether permanently or temporarily, to the motorcycle.
(B) A person carrying a concealed weapon in South Carolina pursuant to a permit issued by another state shall abide by the laws of South Carolina."
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. M. A. PITTS 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. M. A. PITTS, with unanimous consent, it was ordered that H. 3110 (Word version) be read the third time tomorrow.
The following Bill was taken up:
H. 3454 (Word version) -- Reps. Cotty and Harrison: A BILL TO AMEND SECTION 29-3-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO METHODS OF ENTERING A MORTGAGE SATISFACTION, SO AS TO FURTHER PROVIDE FOR THE CONTENTS OF THE AFFIDAVIT THAT AN ATTORNEY IS PERMITTED TO FILE IN REGARD TO A MORTGAGE WHICH HE HAS SATISFIED.
Rep. ALTMAN explained the Bill.
Rep. W. D. SMITH 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 Bill was taken up, read the third time, and ordered sent to the Senate:
H. 3412 (Word version) -- Reps. Harrison, Bales, Cotty, Brady, Whipper, Vaughn, Branham, Toole, Taylor, D. C. Smith and Bailey: 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.
Rep. HERBKERSMAN moved that the House recur to the Morning Hour, which was agreed to.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report with amendments on:
H. 3072 (Word version) -- Reps. Cobb-Hunter, Viers, Brady, Toole, Ceips and Scarborough: 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.
The following was introduced:
H. 3736 (Word version) -- Rep. Ceips: A HOUSE RESOLUTION TO OFFER THE WARMEST CONGRATULATIONS TO THE BETH ISRAEL CONGREGATION OF BEAUFORT ON THE HISTORIC OCCASION OF ITS ONE HUNDREDTH ANNIVERSARY AND TO COMMEND THIS WONDERFUL PLACE OF WORSHIP FOR ITS SIGNIFICANT IMPACT ON THE LIVES OF ITS CONGREGANTS AND ON ITS COMMUNITY.
The Resolution was adopted.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3737 (Word version) -- Rep. Walker: A BILL TO AMEND SECTION 56-19-480, AS AMENDED, RELATING TO THE TRANSFER AND SURRENDER OF MOTOR VEHICLE CERTIFICATES OF TITLE, LICENSE PLATES, REGISTRATION CARDS, AND MANUFACTURERS' SERIAL PLATES OF VEHICLES SOLD AS SALVAGE, ABANDONED, SCRAPPED, OR DESTROYED, SO AS TO MAKE A TECHNICAL CHANGE, TO DELETE THE TERM "SALVAGED" AND REPLACE IT WITH THE TERM "TOTAL LOSS CLAIM", TO PROVIDE THAT THE PERCENTAGE OF THE TOTAL LOSS CLAIM MUST BE RECORDED ON THE TITLE NEXT TO THE BRAND OF "TOTAL LOSS CLAIM", AND TO DELETE THE PROVISION THAT A "VEHICLE DECLARED TO BE A TOTAL LOSS" IS SYNONYMOUS TO A "WRECKED VEHICLE" AND A "SALVAGE VEHICLE".
Referred to Committee on Education and Public Works
H. 3739 (Word version) -- Rep. Bales: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 TO CHAPTER 31, TITLE 27, SO AS TO PROVIDE FOR GOVERNANCE OF A HOMEOWNERS' ASSOCIATION, INCLUDING PROVISIONS FOR ADOPTING OR CHANGING AN OPERATING RULE, PROCEDURAL FAIRNESS IN THE OPERATION OF THE ASSOCIATION'S PROPERTY AND AFFAIRS, FILING OF GOVERNING DOCUMENTS WITH THE SECRETARY OF STATE, REVIEW BY THE SECRETARY OF STATE OF GOVERNING DOCUMENTS FOR COMPLIANCE AND NOTICE OF NONCOMPLIANCE TO HOMEOWNERS AND THE DEPARTMENT OF CONSUMER AFFAIRS, RECOGNITION OF THE DETERMINATION AS EVIDENCE PER SE OF NONCOMPLIANCE IN AN ENFORCEMENT ACTION, ENFORCEMENT OF COMPLIANCE BY THE DEPARTMENT THROUGH FINES AND INJUNCTIONS, AND A CAUSE OF ACTION AGAINST THE BOARD OF DIRECTORS OF A HOMEOWNERS' ASSOCIATION FOR BREACH OF ITS FIDUCIARY DUTY TO THE ASSOCIATION FOR NONCOMPLIANCE WITH THIS ARTICLE.
Referred to Committee on Labor, Commerce and Industry
H. 3740 (Word version) -- Reps. McGee, Coates, M. Hines, Branham and J. Hines: A BILL TO AMEND ACT 239 OF 1981, AS AMENDED, RELATING TO THE ELECTION OF THE BOARD OF TRUSTEES FOR SCHOOL DISTRICT NO. 1 IN FLORENCE COUNTY, SO AS TO REAPPORTION THE ELECTION DISTRICTS FROM WHICH TRUSTEES ARE ELECTED; AND TO DESIGNATE A MAP NUMBER FOR THE MAP ON WHICH THESE LINES OF THE ELECTION DISTRICTS FOR TRUSTEES ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
Referred to Florence Delegation
The following was introduced:
H. 3738 (Word version) -- Reps. Barfield, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, 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, 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, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A HOUSE RESOLUTION COMMENDING TAIWAN ON ITS FULL-FLEDGED DEMOCRACY, ITS CONTRIBUTIONS TO PROMOTE WORLD PEACE, FREEDOM, AND HUMAN RIGHTS, AND SUPPORTING ITS EFFORTS TO JOIN THE UNITED NATIONS, WHO, AND OTHER INTERNATIONAL ORGANIZATIONS.
The Resolution was adopted.
Rep. J. E. SMITH moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 3510 (Word version) -- Reps. McGee, Duncan and Owens: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO BOYS STATE TO USE THE CHAMBERS OF THE HOUSE OF REPRESENTATIVES AND THE SENATE ON FRIDAY, JUNE 10, 2005.
H. 3734 (Word version) -- Reps. Perry, W. D. Smith, Harrell, Wilkins, Cobb-Hunter, 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, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, 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, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, 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, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION TO WELCOME INTO THE WORLD MADELINE ANNE MARTIN, DAUGHTER OF JOHN AND CASEY MARTIN OF COLUMBIA, AND TO WISH HER GOOD HEALTH, IMMENSE HAPPINESS, AND EVERY SUCCESS IN THE WORLD AS SHE EMBARKS ON HER LIFE JOURNEY.
At 11:15 a.m. the House, in accordance with the motion of Rep. COATES, adjourned in memory of Jack Rose, Jr. and Mary Alice Myrick of Florence, to meet at 10:00 a.m. tomorrow.
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