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 Psalm 2:11: "Serve the Lord with fear and rejoice with trembling."
Let us pray. God of grace and peace, we thank You for Your goodness and mercy. Energize Your people for service, move among these leaders, guide them in Your way. Move among these Members and staff, cleansing and clarifying their goals. Make them messengers of hope, advocates for justice, and makers of peace. Look in favor upon our Nation, President, State and her leaders. Bless and keep our defenders of freedom in Your safe care. 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. HASKINS moved that when the House adjourns, it adjourn in memory of Johnny Gresham of Greenville, which was agreed to.
The House stood in silent prayer for the family of Terri Shiavo.
The following was received:
Columbia, S.C., March 31, 2005
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 11:15 a.m. today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. W. D. SMITH the invitation was accepted.
The following was received:
Columbia, S.C., March 30, 2005
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 30, H. 3430 by a vote of 44 to 0:
(R30) H. 3430 (Word version) -- Reps. Vick, Jennings, Lucas and Neilson: AN ACT 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 WHO SHALL NOT RECEIVE ANY PER DIEM OR COMPENSATION FOR THIS SERVICE.
Very respectfully,
President
Received as information.
The following was received:
February 17, 2005
Mr. Speaker and Members of the House of Representatives:
I am transmitting herewith an appointment for confirmation. This appointment is made with advice and consent of the General Assembly and is, therefore, submitted for your consideration.
STATEWIDE APPOINTMENT
State Ethics Commission
Term Commencing: May 31, 2005
Term Expiring: May 31, 2009
Seat: 4th Congressional District
Vice: Pete Gus Diamaduros
Initial Appointment:
Mr. Johnnie McKeiver Walters
Post Office Box 2817
Greenville, South Carolina 29602
864-370-0737
Respectfully,
Mark Sanford
Governor
The appointment was confirmed and a message was ordered sent to the Senate accordingly.
The following was introduced:
H. 3820 (Word version) -- Reps. Rhoad, Govan, Ott and Cobb-Hunter: A HOUSE RESOLUTION CONGRATULATING THE HUNTER-KINARD-TYLER LADY TROJANS BASKETBALL TEAM ON WINNING THE 2005 CLASS A STATE CHAMPIONSHIP, THE FIRST IN SCHOOL HISTORY, AND HONORING THE PLAYERS, COACH TONIA YOUNG, AND ASSISTANT COACH ELLA JONES ON THEIR IMPRESSIVE UNDEFEATED 25-0 SEASON.
The Resolution was adopted.
On motion of Rep. RHOAD, with unanimous consent, the following was taken up for immediate consideration:
H. 3821 (Word version) -- Reps. Rhoad, Govan, Ott and Cobb-Hunter: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE HUNTER-KINARD-TYLER BOYS "TROJANS" BASKETBALL TEAM, HEAD COACH ARIC SAMUELS, AND OTHER SCHOOL OFFICIALS AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF CONGRATULATING AND HONORING THE TEAM ON WINNING THE 2005 CLASS A STATE CHAMPIONSHIP.
Be it resolved by the House of Representatives:
That the privilege of the floor of the South Carolina House of Representatives is extended to the Hunter-Kinard-Tyler Boys "Trojans" basketball team, Head Coach Aric Samuels, and other school officials, at a date and time to be determined by the Speaker, for the purpose of congratulating and honoring the team on winning the 2005 Class A State Championship.
The Resolution was adopted.
The following was introduced:
H. 3822 (Word version) -- Reps. Rhoad, Govan, Ott and Cobb-Hunter: A HOUSE RESOLUTION CONGRATULATING THE HUNTER-KINARD-TYLER BOYS "TROJANS" BASKETBALL TEAM ON WINNING THE 2005 CLASS A STATE CHAMPIONSHIP IN A VERY IMPRESSIVE FASHION, BREAKING THE SCORING RECORD IN A CHAMPIONSHIP GAME WITH ONE HUNDRED POINTS, AND HONORING THE PLAYERS, HEAD COACH ARIC SAMUELS, AND ASSISTANT COACH KEVIN WRIGHT ON THEIR IMPRESSIVE 23-4 SEASON.
The Resolution was adopted.
On motion of Rep. RHOAD, with unanimous consent, the following was taken up for immediate consideration:
H. 3823 (Word version) -- Reps. Rhoad, Govan, Ott and Cobb-Hunter: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE HUNTER-KINARD-TYLER HIGH SCHOOL "TROJANS" AND "LADY TROJANS" BASKETBALL TEAMS, HEAD COACHES ARIC SAMUELS AND TONIA YOUNG, AND OTHER SCHOOL OFFICIALS AT A TIME AND DATE TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF CONGRATULATING AND HONORING THE TEAMS ON THEIR 2005 CLASS A STATE CHAMPIONSHIPS.
Be it resolved by the House of Representatives:
That the privilege of the floor of the South Carolina House of Representatives is extended to the Hunter-Kinard-Tyler "Trojans" and "Lady Trojans" Basketball teams, Head Coaches Aric Samuels and Tonia Young, and other school officials, at a time and date to be determined by the Speaker, for the purpose of congratulating and honoring the teams for their 2005 Class A State Championships.
The Resolution was adopted.
On motion of Rep. EMORY, with unanimous consent, the following was taken up for immediate consideration:
H. 3824 (Word version) -- Reps. Emory, J. M. Neal and Lucas: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE INDIAN LAND HIGH SCHOOL "LADY WARRIORS" VOLLEYBALL AND SOFTBALL TEAMS, HEAD COACHES TAMARA JACOBUS AND MONICA BARFIELD, AND OTHER SCHOOL OFFICIALS AT A TIME AND DATE TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF CONGRATULATING AND HONORING THE TEAMS ON THEIR 2004 CLASS A STATE CHAMPIONSHIPS.
Be it resolved by the House of Representatives:
That the privilege of the floor of the South Carolina House of Representatives is extended to the Indian Land High School "Lady Warriors" volleyball and softball teams, Head Coaches Tamara Jacobus and Monica Barfield, and other school officials, at a time and date to be determined by the Speaker, for the purpose of congratulating and honoring the teams for their 2004 Class A State Championships.
The Resolution was adopted.
The following was introduced:
H. 3825 (Word version) -- Reps. Emory, J. M. Neal and Lucas: A CONCURRENT RESOLUTION HONORING THE INDIAN LAND HIGH SCHOOL "LADY WARRIORS" VOLLEYBALL TEAM OF LANCASTER COUNTY ON WINNING THE 2004 CLASS A STATE CHAMPIONSHIP AND CONGRATULATING THE TEAM ON THEIR IMPRESSIVE 16-1 SEASON.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. JENNINGS, with unanimous consent, the following was taken up for immediate consideration:
H. 3826 (Word version) -- Reps. Jennings, 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, 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 CONCURRENT RESOLUTION TO INVITE THE WINNERS OF THE 2005 JEAN LANEY HARRIS FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 2005 JEAN LANEY HARRIS FOLK HERITAGE AWARDS ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, APRIL 27, 2005, AT A TIME TO BE DETERMINED BY THE SPEAKER OF THE HOUSE AND THE PRESIDENT PRO TEMPORE OF THE SENATE, AND TO RECOGNIZE AND COMMEND THE 2005 JEAN LANEY HARRIS FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.
Whereas, in 1987, the General Assembly created the South Carolina Folk Heritage Awards, renamed the Jean Laney Harris Folk Heritage Awards, to be presented each year by the General Assembly to South Carolina folk artists who have used their lives to create beauty and meaning for their communities and for their State in ways that are significant because their work has lasted often for hundreds of years; and
Whereas, the winners of the 2005 Jean Laney Harris Folk Heritage Awards are citizens who have maintained and enriched the lives of all persons of their communities and of the State through their unique talents and through their substantial contributions to the traditional heritage of South Carolina; and
Whereas, the 2005 Jean Laney Harris Folk Heritage Awards Advisory Committee has performed its duties admirably. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, invite the winners of the 2005 Jean Laney Harris Folk Heritage Awards and the members of the 2005 Jean Laney Harris Folk Heritage Awards Advisory Committee to attend a joint session of the House of Representatives and the Senate in the Hall of the House of Representatives on Wednesday, April 27, 2005, at a time to be determined by the Speaker of the House and the President Pro Tempore of the Senate, and that the members of the General Assembly recognize and commend the 2005 Jean Laney Harris Folk Heritage Award winners for their outstanding contributions to folk art in South Carolina.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3827 (Word version) -- Reps. Loftis, Edge, R. Brown, Frye, Sandifer, W. D. Smith, Vick and Witherspoon: A BILL TO AMEND SECTION 48-39-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PERMIT OR DENY ALTERATION OR UTILIZATION WITHIN AREAS DESIGNATED AS CRITICAL AREAS, SO AS TO DELETE CERTAIN PROVISIONS REQUIRED TO BE STATED ON A SURVEY DELINEATING COASTAL WATERS OR TIDELANDS; TO DELETE A REFERENCE TO CRITICAL AREA LINES AFFECTING SUBDIVIDED RESIDENTIAL LOTS WITH REGARD TO THE THREE YEAR EXPIRATION OF CRITICAL AREA LINES; TO DELETE THE ERODING COASTAL STREAM BANK EXCEPTION TO THE THREE YEAR EXPIRATION OF CRITICAL AREA LINES; AND TO PROVIDE THAT A CRITICAL AREA DELINEATION INCORPORATED OR REFERENCED IN A PERMIT IS VALID FOR THE TERM OF THE PERMIT.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 3828 (Word version) -- Reps. Loftis, R. Brown, Davenport, Frye, Hardwick, Leach, Perry, Sandifer, W. D. Smith, Vick and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-1-95 SO AS TO PROVIDE THAT A PERMIT PROMULGATED PURSUANT TO 33 CODE OF FEDERAL REGULATIONS PART 330 ADOPTED OR APPROVED BY THE CHARLESTON DISTRICT OF THE UNITED STATES ARMY CORPS OF ENGINEERS IS DEEMED TO COMPLY WITH THE APPLICABLE COASTAL ZONE MANAGEMENT CRITERIA AND THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MAY NOT IMPOSE ANY ADDITIONAL CONDITIONS ON SUCH PERMIT.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 3829 (Word version) -- Reps. Altman and Hagood: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO REDUCE AT THE RATE OF ONE PERCENT A YEAR THE FIVE PERCENT STATE SALES TAX ON FOOD ITEMS WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, TO EXEMPT COMPLETELY FROM THE STATE PORTION OF THE TAX ALL SUCH FOOD AND MEALS EFFECTIVE JULY 1, 2009, AND TO PROVIDE FOR THE USE OF THE REVENUE FROM THE REDUCED RATES OF TAX DURING THE PHASE-IN PERIOD.
Referred to Committee on Ways and Means
H. 3830 (Word version) -- Reps. Dantzler and Scarborough: A BILL TO AMEND SECTION 47-3-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO METHODS OF EUTHANIZING ANIMALS, SO AS TO REMOVE BARBITURIC ACID DERIVATIVES FROM THE AUTHORIZED LIST OF METHODS FOR SUCH EUTHANASIA AND TO INCLUDE SCHEDULE II AND III CONTROLLED SUBSTANCE EUTHANASIA AGENTS, TO CONFORM PROVISIONS FOR THIS SECTION TO THESE REVISIONS, AND TO CLARIFY PROCEDURES FOR OBTAINING AUTHORIZATION TO USE THESE CONTROLLED SUBSTANCES.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 3831 (Word version) -- Reps. Talley and Harrison: A BILL TO AMEND SECTION 7-7-910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLACES WHERE ELECTORS ARE REGISTERED AND VOTE, SO AS TO PROVIDE THAT IN AN EMERGENCY SITUATION ELECTORS MAY VOTE IN A LOCATION OR AT A POLLING PLACE NOT WITHIN THE PRECINCT WHERE THE ELECTOR IS REGISTERED TO VOTE, AND TO PROVIDE CONDITIONS WHEN AN ALTERNATE POLLING PLACE MAY BE DESIGNATED.
Referred to Committee on Judiciary
H. 3832 (Word version) -- Reps. J. E. Smith, Cotty, Scott, Haskins, Cato, Davenport, Altman, Anthony, Battle, Brady, Branham, Breeland, J. Brown, R. Brown, Cobb-Hunter, Coleman, Cooper, Dantzler, Edge, Funderburk, Hagood, Harrison, Hayes, J. Hines, Howard, Huggins, Jefferson, Jennings, Kirsh, Lee, Limehouse, Martin, McLeod, Merrill, Miller, J. M. Neal, Ott, Parks, Perry, Pinson, Rivers, D. C. Smith, Thompson, Townsend, Vick, Weeks and Witherspoon: A BILL TO ENACT THE LEWIS BLACKMAN HOSPITAL PATIENT SAFETY ACT BY ADDING ARTICLE 27, CHAPTER 7, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO REQUIRE ALL HOSPITAL CLINICAL STAFF AND TRAINEES TO WEAR BADGES CONTAINING CERTAIN IDENTIFYING INFORMATION, TO REQUIRE CERTAIN INFORMATION TO BE PROVIDED BY HOSPITALS TO PATIENTS PRIOR TO OR ON ADMISSION CONCERNING THE PATIENT'S HOSPITAL CARE, INCLUDING, AMONG OTHER THINGS, THE GENERAL ROLE OF MEDICAL STUDENTS, INTERNS, AND RESIDENT PHYSICIANS IN PATIENT CARE, THAT THE PATIENT'S ATTENDING PHYSICIAN IS THE DOCTOR IN CHARGE OF THE PATIENT'S CARE, THAT THE PATIENT'S ATTENDING PHYSICIAN MAY CHANGE, WHETHER ANY RESIDENT PHYSICIAN OR MEDICAL STUDENTS MAY BE PARTICIPATING IN THE PATIENT'S CARE, INCLUDING SURGERY, REQUIRING NURSES TO PLACE A CALL FOR OR TO ASSIST A PATIENT IN CALLING THEIR ATTENDING PHYSICIANS, REQUIRING HOSPITALS TO PROVIDE A MECHANISM THAT IS AVAILABLE AT ALL TIMES WHEREBY PATIENTS CAN RECEIVE ASSISTANCE FOR RESOLUTION OF URGENT PATIENT CARE CONCERNS, AND TO PROVIDE THAT THIS ARTICLE DOES NOT CREATE A CIVIL CAUSE OF ACTION.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 3833 (Word version) -- Rep. White: A BILL TO AMEND SECTION 13-7-10 AND SECTIONS 13-7-40 AND 13-7-45, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF IONIZING AND NONIONIZING RADIATION AND THE LICENSURE AND REGULATION OF USERS OF SUCH RADIATION, SO AS TO DELETE REFERENCES TO NONIONIZING RADIATION.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 3834 (Word version) -- Rep. Thompson: A BILL TO PROVIDE THAT THE DUTIES, FUNCTIONS, AND RESPONSIBILITIES OF ALL HEARING OFFICERS OF THE DEPARTMENT OF MOTOR VEHICLES ARE DEVOLVED UPON THE ADMINISTRATIVE LAW COURT EFFECTIVE JULY 1, 2005, AND TO PROVIDE THAT THESE HEARING OFFICERS AND THEIR DIRECT SUPPORT STAFF, TOGETHER WITH THE APPROPRIATIONS RELATING TO THESE EMPLOYEES, ARE TRANSFERRED TO THE ADMINISTRATIVE LAW COURT ON JULY 1, 2005.
Referred to Committee on Judiciary
H. 3835 (Word version) -- Reps. Walker and Sinclair: 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 AUTHORIZE THAT ONE COMMISSIONER OF THE DISTRICT MAY RESIDE IN THE SERVICE AREA OF THE DISTRICT.
On motion of Rep. WALKER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 210 (Word version) -- Senator Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-45-185, SO AS TO ALLOW THE COUNTY TREASURER TO WAIVE LATE PAYMENT PENALTIES ON PROPERTY TAXES WHEN THE TAXPAYER APPLIES IN WRITING TO THE TREASURER FOR THE WAIVER AND INCLUDES DOCUMENTATION IN THE APPLICATION SUFFICIENT FOR THE TREASURER TO CONCLUDE THAT THE TAXPAYER MADE TIMELY PAYMENT AND TO PROVIDE THAT ALLOWING THE WAIVER IS WITHIN THE SOLE DISCRETION OF THE COUNTY TREASURER AND IS NOT SUBJECT TO APPEAL.
Referred to Committee on Ways and Means
S. 337 (Word version) -- Senator McGill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-135 SO AS TO PROVIDE THAT AS AN ALTERNATIVE TO THE GRADUATED BUSINESS-LICENSE TAX A COUNTY MAY REQUIRE A BUSINESS REGISTRATION THROUGHOUT THE COUNTY FOR AN ADMINISTRATIVE FEE NOT TO EXCEED FIFTEEN DOLLARS.
Referred to Committee on Ways and Means
S. 399 (Word version) -- Senators Alexander, Hayes and Grooms: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-135 SO AS TO PROVIDE THAT AS AN ALTERNATIVE TO THE GRADUATED BUSINESS-LICENSE TAX A COUNTY MAY REQUIRE A BUSINESS REGISTRATION THROUGHOUT THE COUNTY FOR AN ADMINISTRATIVE FEE NOT TO EXCEED FIFTEEN DOLLARS, BY ADDING SECTION 12-37-712 SO AS TO PROVIDE FOR THE ALLOCATION OF THE VALUE OF BOATS FOR PROPERTY TAX PURPOSES HAVING A SITUS IN THIS STATE AND AT LEAST ONE OTHER STATE, BY ADDING SECTION 12-45-430 SO AS TO PROVIDE THAT THE COUNTY TREASURER MAY NOT ISSUE A TAX RECEIPT UNLESS THE TAXES, PENALTIES, COSTS, AND ALL OTHER CHARGES INCLUDED IN THE BILL HAVE BEEN PAID IN FULL, TO AMEND SECTIONS 12-37-2650 AND 12-37-2730, RELATING TO PROPERTY TAX ON MOTOR VEHICLES, SO AS TO PROVIDE THAT THE TREASURER SHALL ISSUE A TAX RECEIPT ONLY IF ALL OTHER CHARGES ON THE TAX BILL HAVE BEEN PAID AND TO DELETE OBSOLETE LANGUAGE AND TO AUTHORIZE A CODE ENFORCEMENT OFFICER TO ISSUE AN ORDINANCE SUMMONS TO A PERSON THE OFFICER BELIEVES HAS FAILED TO REMIT MOTOR VEHICLE PROPERTY TAXES, TO PROVIDE FOR A FINE FOR VIOLATORS, AND PROVIDE FOR DISMISSAL OF THE SUMMONS UPON SHOWING BY THE TAXPAYER BEFORE THE COURT DATE OF PROPER REGISTRATION AND PAYMENT OF CURRENT AND DELINQUENT TAXES, TO AMEND SECTION 12-43-220, AS AMENDED, RELATING TO CLASSIFICATION OF PROPERTY AND THE APPLICABLE ASSESSMENT RATIOS FOR PURPOSES OF PROPERTY TAX, SO AS TO PROVIDE THAT A TAXPAYER'S RENTAL OF HIS RESIDENCE FOR FEWER THAN FIFTEEN DAYS IN A TAXABLE YEAR DOES NOT DISQUALIFY THE RESIDENCE FROM RECEIVING THE FOUR-PERCENT ASSESSMENT RATIO ALLOWED OWNER-OCCUPIED RESIDENTIAL PROPERTY, TO AMEND SECTIONS 12-49-950 AND 12-51-55, AS AMENDED, SO AS TO PROVIDE FOR THE MINIMUM BID OF THE FORFEITED LAND COMMISSION WHEN THERE ARE NO BIDS AT A DELINQUENT TAX SALE, TO AMEND SECTION 12-51-130, AS AMENDED, RELATING TO THE ISSUING OF A TAX TITLE AT THE END OF THE REDEMPTION PERIOD, SO AS TO MAKE THE PURCHASER RESPONSIBLE FOR THE ACTUAL COSTS OF PREPARING THE TAX TITLE, TO AMEND SECTION 12-54-25, AS AMENDED, RELATING TO INTEREST ON UNDERPAYMENTS AND OVERPAYMENTS OF TAXES, SO AS TO PROVIDE THAT NO INTEREST IS DUE ON AN OVERPAYMENT OF PROPERTY TAXES IF THE OVERPAYMENT IS REFUNDED WITHIN SEVENTY-FIVE DAYS AFTER THE COUNTY RECEIVES NOTICE FROM THE DEPARTMENT OF REVENUE THAT THE TAXPAYER IS DUE A CREDIT OR REFUND, AND TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO THE PROHIBITION ON DISCLOSING TAX RETURNS AND THE EXCEPTIONS, SO AS TO ALLOW DISCLOSURE OF ADDITIONAL INFORMATION FROM A RETURN.
Referred to Committee on Ways and Means
S. 458 (Word version) -- Senators Thomas and Richardson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-69-245 SO AS TO PROVIDE FOR MINIMUM NONFORFEITURE AMOUNTS FOR INDIVIDUAL DEFERRED ANNUITIES; TO AMEND SECTION 38-69-240, RELATING TO THE CALCULATION OF MINIMUM NONFORFEITURE AMOUNTS OF CONTRACTS ISSUED AFTER JUNE 30, 2007, SO AS TO CHANGE THE TIME OF APPLICABILITY ON THESE CONTRACTS; AND TO AMEND SECTION 2 OF ACT 313 OF 2002, RELATING TO TEMPORARY PROVISIONS RELATING TO MINIMUM VALUES OF ANY PAID-UP ANNUITY, CASH SURRENDER, OR DEATH BENEFITS AVAILABLE UNDER CERTAIN ANNUITIES, SO AS TO CHANGE THE DATE OF APPLICABILITY FROM 2005 TO 2007 TO THESE CONTRACTS AND PROVIDE THAT CONTRACTS ENTERED INTO AFTER THE EFFECTIVE DATE OF THIS ACT AND BEFORE JULY 1, 2007, MAY APPLY, AT THE INSURER'S OPTION, THE MINIMUM VALUES AS PROVIDED IN THIS ACT ON CERTAIN ANNUITIES ON A CONTRACT-FORM-BY-CONTRACT-FORM BASIS.
Referred to Committee on Labor, Commerce and Industry
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 Cotty Dantzler Davenport Delleney Duncan Emory Frye Funderburk Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Hayes J. Hines M. Hines Hinson Hosey Howard Huggins Jefferson Jennings Kennedy Kirsh Leach Lee Littlejohn Loftis Lucas Mack Mahaffey Martin McCraw McGee McLeod Merrill Miller J. M. Neal Neilson Norman Ott Owens Parks Perry Pinson E. H. Pitts Rhoad Rice 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 White Whitmire Wilkins Witherspoon Young
I came in after the roll call and was present for the Session on Thursday, March 31.
Bessie Moody-Lawrence Tracy Edge Jackson "Seth" Whipper Olin Phillips William Clyburn Jerry Govan Thayer Rivers Joseph Neal
The SPEAKER granted Rep. HIOTT a leave of absence for the day due to personal reasons.
I came in after the roll call and was present for the Session on Wednesday, March 30.
Thad Viers
Announcement was made that Dr. Gregory Squires of Charleston is the Doctor of the Day for the General Assembly.
Rep. CHALK presented to the House the Hilton Head Preparatory School "Lady Dolphins" Girls Basketball Team, the 2005 SCISA Champions, their coaches and other school officials.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 3402 (Word version)
Date: ADD:
03/31/05 WALKER
Bill Number: H. 3402 (Word version)
Date: ADD:
03/31/05 LITTLEJOHN
Bill Number: H. 3402 (Word version)
Date: ADD:
03/31/05 SINCLAIR
Bill Number: H. 3285 (Word version)
Date: ADD:
03/31/05 HARRISON
Bill Number: H. 3539 (Word version)
Date: ADD:
03/31/05 G. R. SMITH
Bill Number: H. 3539 (Word version)
Date: ADD:
03/31/05 HAMILTON
Bill Number: H. 3539 (Word version)
Date: ADD:
03/31/05 TRIPP
Bill Number: H. 3539 (Word version)
Date: ADD:
03/31/05 LOFTIS
Bill Number: H. 3539 (Word version)
Date: ADD:
03/31/05 VAUGHN
Bill Number: H. 3213 (Word version)
Date: ADD:
03/31/05 CEIPS
Bill Number: H. 3213 (Word version)
Date: ADD:
03/31/05 J. BROWN
Bill Number: H. 3213 (Word version)
Date: ADD:
03/31/05 G. M. SMITH
The following Bill was taken up:
S. 212 (Word version) -- Senators McGill, Grooms, Ford, McConnell, Land, Leatherman, Moore, Reese, Drummond, Elliott, Peeler, O'Dell, Fair, Malloy, Leventis, Verdin, Jackson, Short, Patterson, Richardson, Gregory, Courson, Hayes, Ryberg, Anderson, Setzler, Alexander, Sheheen, Hawkins, J. V. Smith, Cromer, Martin, Mescher, Knotts, Hutto, Thomas, Matthews, Rankin and Campsen: A BILL TO AMEND SECTION 50-11-500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING WILD TURKEY, SO AS TO MAKE IT UNLAWFUL TO TAKE OR ATTEMPT TO TAKE A WILD TURKEY FROM A WATERCRAFT ON THE WATERS OF THE STATE.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20370SD05), which was adopted:
Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:
/SECTION ____. Section 50-11-555 of the 1976 Code, as added by Act 255 of 2002, is amended to read:
"Section 50-11-555. Notwithstanding any other provision of law, it is not unlawful to hunt wild turkey on Sunday on private land in Game Zone 4 during the prescribed season for hunting wild turkey." /
Amend the bill further, as and if amended, by striking SECTION 2 in its entirety.
Renumber sections to conform.
Amend title to conform.
Rep. RHOAD 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. RHOAD, with unanimous consent, it was ordered that S. 212 (Word version) be read the third time tomorrow.
The following Bill was taken up:
S. 145 (Word version) -- Senator Mescher: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-13-390, TO PROVIDE THAT NO MORE THAN ONE ARKANSAS BLUE CATFISH OVER THIRTY-FOUR INCHES MAY BE TAKEN FROM THE WATERS OF LAKES MARION AND MOULTRIE BY ANY ONE PERSON IN ONE DAY, AND TO PROVIDE THAT THE PROVISIONS OF THIS SECTION APPLY TO COMMERCIAL AS WELL AS RECREATIONAL FISHERMEN.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20371SD05), which was adopted:
Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:
/SECTION ____. Section 50-5-1705(D) of the 1976 Code, as last amended by Act 105 of 2001, is further amended to read:
"(D) It is unlawful for a person to take or have in possession more than two three red drum in any one day." /
Amend the bill further, as and if amended, by adding a new SECTION appropriately numbered to read:
/SECTION ____. Chapter 13, Title 50 of the 1976 Code is amended by adding:
"Section 50-13-1675. It is unlawful to transport outside of the boundaries of this State any live catfish taken from the public waters of this State except flathead catfish." /
Renumber sections to conform.
Amend title to conform.
Rep. RHOAD explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. WITHERSPOON, with unanimous consent, it was ordered that S. 145 (Word version) be read the third time tomorrow.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 3393 (Word version) -- Reps. M. A. Pitts, Anthony, Duncan, Hardwick, Herbkersman, Sinclair and Witherspoon: A BILL TO AMEND SECTION 50-13-1135, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMERCIAL OR NONCOMMERCIAL FISHING LICENSES REQUIRED FOR TAKING NONGAME FISH IN FRESHWATERS WITH CERTAIN FISHING DEVICES, SO AS TO PROVIDE THAT A JUG PERMIT IS NOT REQUIRED FOR RESIDENTS ASSISTING JUG PERMIT HOLDERS.
Rep. RHOAD explained the Bill.
S. 127 (Word version) -- Senators Martin, Ford, McConnell, Moore, Knotts, Campsen, Elliott, Alexander, Leatherman, Leventis and Malloy: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-3-250, SO AS TO PROVIDE THAT WORKERS' COMPENSATION COMMISSIONERS ARE BOUND BY THE CODE OF JUDICIAL CONDUCT, AS CONTAINED IN RULE 501 OF THE SOUTH CAROLINA APPELLATE COURT RULES, AND TO REQUIRE WORKERS' COMPENSATION COMMISSIONERS AND THEIR ADMINISTRATIVE ASSISTANTS TO ATTEND YEARLY A WORKSHOP CONCERNING ETHICS AND THE ADMINISTRATIVE PROCEDURES ACT.
Rep. HARRISON explained the Bill.
H. 3196 (Word version) -- Reps. Whitmire, Mahaffey and Sandifer: A BILL TO AMEND SECTION 33-31-708, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN ACTION TAKEN BY BALLOT OF A NONPROFIT CORPORATION, SO AS TO AUTHORIZE THE USE OF AN ELECTRONIC BALLOT.
Rep. SINCLAIR explained the Bill.
H. 3410 (Word version) -- Reps. Harrison and Cotty: A BILL TO AMEND SECTIONS 33-1-200 AND 33-31-120, AS AMENDED, BOTH RELATING TO THE FILING REQUIREMENTS OF CERTAIN DOCUMENTS, SO AS TO PROVIDE THAT THE DOCUMENT MUST BE IN A MEDIUM AND FORM AS PERMITTED BY THE SECRETARY OF STATE.
Rep. SINCLAIR explained the Bill.
H. 3325 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 61-4-1115, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN AGREEMENT BETWEEN AN IMPORTER AND A FOREIGN BREWER, SO AS TO CLARIFY THAT A FOREIGN BREWER INCLUDES ITS SUCCESSOR OR ASSIGNEE.
Rep. SINCLAIR explained the Bill.
On motion of Rep. WITHERSPOON, with unanimous consent, it was ordered that H. 3393 (Word version) be read the third time tomorrow.
On motion of Rep. HARRISON, with unanimous consent, it was ordered that S. 127 (Word version) be read the third time tomorrow.
On motion of Rep. SANDIFER, with unanimous consent, it was ordered that H. 3196 (Word version) be read the third time tomorrow.
On motion of Rep. SINCLAIR, with unanimous consent, it was ordered that H. 3410 (Word version) be read the third time tomorrow.
On motion of Rep. SINCLAIR, with unanimous consent, it was ordered that H. 3325 (Word version) be read the third time tomorrow.
The following Bill was taken up:
H. 3189 (Word version) -- Reps. Merrill, Brady, Scarborough, Cobb-Hunter, Whipper, Toole, Ballentine, Hagood, McLeod and R. Brown: A BILL TO AMEND SECTION 14-7-1610, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LEGISLATIVE INTENT OF ARTICLE 15, CHAPTER 7, TITLE 14, SO AS TO PROVIDE THAT THERE IS A NEED TO ENHANCE THE GRAND JURY SYSTEM TO IMPROVE THE ABILITY OF THE STATE TO DETECT AND INVESTIGATE VIOLATIONS WHICH RESULT IN HARM TO THE ENVIRONMENT AND TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, BECAUSE OF ITS UNIQUE QUALIFICATIONS, MUST PLAY A SUBSTANTIAL ROLE IN THE INVESTIGATION OF ANY SUCH ALLEGED ENVIRONMENTAL OFFENSE; AND TO AMEND SECTION 14-7-1630, AS AMENDED, RELATING TO THE JURISDICTION OF THE STATE GRAND JURY, SO AS TO EXTEND THE SUBJECT MATTER JURISDICTION OF THE STATE GRAND JURY TO INCLUDE WILFUL CRIMINAL VIOLATIONS WHICH RESULT IN HARM TO THE ENVIRONMENT, AND TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MUST MAKE A FORMAL WRITTEN RECOMMENDATION TO THE ATTORNEY GENERAL AND THE CHIEF OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION IN CONSIDERATION OF THE NEED TO IMPANEL A STATE GRAND JURY.
Rep. MERRILL 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. 3244 (Word version) -- Rep. Talley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-230 SO AS TO PROVIDE THAT AN AGENCY REQUIRED BY LAW TO REPORT TO THE GENERAL ASSEMBLY SHALL PREPARE ITS REPORT AND NOTIFY THE MEMBERS OF THE GENERAL ASSEMBLY BY MAIL OR EMAIL THAT THE REPORT IS AVAILABLE UPON REQUEST.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\PT\2390SJ05), which was adopted:
Amend the bill, as and if amended, by deleting Section 2-1-230 as contained in SECTION 1 in its entirety and inserting:
/ "Section 2-1-230. (A) With the exception of the Governor's Executive Budget and related documents and telephone directories, an agency, a department, or an entity of state government required by law to report to the General Assembly shall prepare its report and transmit its report to the Office of Legislative Printing, Information and Technology Systems (LPITS) electronically. LPITS shall notify the members of the General Assembly that the report is available. An agency, a department, or an entity of state government may not provide the General Assembly with hard copies of a publication whether or not the publication, report, or other document is required by law to be furnished to the General Assembly, and a publication only may be provided to a member of the General Assembly if the member requests the publication.
(B) The agency, department, or entity of state government shall transmit these publications to the Office of Legislative Printing, Information and Technology Systems (LPITS) by electronic medium in a format and form pursuant to technical standards as may be established by LPITS. LPITS shall make information transmitted available through its network.
(C) A report governed by the requirements of this section may be published in hard copy form for distribution to the General Assembly if authorized by the Speaker of the House and the President Pro Tempore of the Senate." /
Renumber sections to conform.
Amend title to conform.
Rep. SINCLAIR 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. SINCLAIR, with unanimous consent, it was ordered that H. 3244 (Word version) be read the third time tomorrow.
The following Bill was taken up:
H. 3411 (Word version) -- Reps. Harrison and Clemmons: A BILL TO AMEND SECTION 5-15-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTE COUNTING IN MUNICIPAL ELECTIONS, SO AS TO DELETE THE REQUIREMENT THAT IN THE CASE OF A CONTESTED ELECTION INCUMBENTS HOLD OVER UNTIL THE CONTEST IS FINALLY DETERMINED; AND TO AMEND SECTION 5-15-140, RELATING TO CONTESTING A MUNICIPAL ELECTION, SO AS TO DELETE THE REQUIREMENT THAT THE NOTICE OF APPEAL OF THE DECISION OF THE MUNICIPAL ELECTION COMMISSION ACTS AS A STAY OF FURTHER PROCEEDINGS PENDING THE APPEAL.
Rep. SCOTT 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. 3285 (Word version) -- Reps. Wilkins, Clemmons and Harrison: A BILL TO AMEND SECTION 1-23-610, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JUDICIAL REVIEW OF DECISIONS BY AN ADMINISTRATIVE LAW JUDGE, SO AS TO PROVIDE THAT A FINAL DECISION BY AN ADMINISTRATIVE LAW JUDGE INVOLVING THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MAY BE APPEALED AS A MATTER OF RIGHT TO THE COURT OF APPEALS.
Rep. MCLEOD 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. 3402 (Word version) -- Reps. M. A. Pitts, Taylor, Owens, Duncan, Vick, Hardwick, Hagood, Ott, Ceips, Haley, Hiott, Limehouse, E. H. Pitts, G. R. Smith, Toole, Umphlett, Witherspoon, Chellis, Stewart, Mahaffey, Barfield, Huggins, Loftis, White, Clemmons, Walker, Littlejohn and Sinclair: A BILL TO AMEND SECTION 2-17-10 AND 8-13-1300, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF TERMS IN MATTERS RELATING TO CAMPAIGN PRACTICES AND IN MATTERS RELATING TO LOBBYISTS AND LOBBYING, RESPECTIVELY, INCLUDING THE DEFINITION OF LEGISLATIVE CAUCUS COMMITTEE, SO AS TO PROVIDE THAT SUCH A CAUCUS MAY BE CREATED BASED UPON A SPECIAL LEGISLATIVE INTEREST.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20372SD05):
Amend the bill, as and if amended, by striking Section 2-17-10(11) of the 1976 Code, as contained in SECTION 1 and inserting:
/(11) 'Legislative caucus' means:
(a) a committee of either house of the General Assembly controlled by the caucus of a political party or a caucus based upon racial or ethnic affinity, or gender or a representation of sportsmen and women desiring to enhance and protect hunting, fishing, and shooting sports;
(b) a party or group of either house of the General Assembly based upon racial or ethnic affinity, or gender or a representation of sportsmen and women desiring to enhance and protect hunting, fishing, and shooting sports. However, each house may establish only one committee for each racial-, ethnic-, or gender-based affinity or one for each representation of sportsmen and women desiring to enhance and protect hunting, fishing, and shooting sports." /
Amend further, as and if amended, by striking Section 8-13-1300(21), as contained in SECTION 2, and inserting:
/(21) Legislative caucus committee means:
(a) a committee of either house of the General Assembly controlled by the caucus of a political party or a caucus based upon racial or ethnic affinity, or gender or a representation of sportsmen and women desiring to enhance and protect hunting, fishing, and shooting sports; however, each house may establish only one committee for each political-, racial-, ethnic-, or gender-based affinity or one for each representation of sportsmen and women desiring to enhance and protect hunting, fishing, and shooting sports.
(b) a party or group of either house of the General Assembly based upon racial or ethnic affinity, or gender or a representation of sportsmen and women desiring to enhance and protect hunting, fishing, and shooting sports." /
Renumber sections to conform.
Amend title to conform.
Rep. DUNCAN explained the amendment.
Rep. KENNEDY 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. 3817 (Word version) -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-168 SO AS TO AUTHORIZE AN OBJECT CONTAINING THE WORDS OF THE TEN COMMANDMENTS TO BE DISPLAYED ON REAL PROPERTY OWNED BY THE STATE ALONG WITH OTHER DOCUMENTS OF HISTORICAL SIGNIFICANCE THAT HAVE FORMED AND INFLUENCED THE UNITED STATES LEGAL OR GOVERNMENTAL SYSTEM.
Rep. HARRISON explained the Bill.
Rep. KENNEDY 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 Senate amendments to the following Bill were taken up for consideration:
H. 3152 (Word version) -- Reps. Harrell, Wilkins, Leach, Littlejohn, Young, Bailey, Battle, Rice, Scarborough, Hinson, Simrill, Mahaffey, Sandifer, Hagood and J. E. Smith: A BILL TO AMEND CHAPTER 62 OF TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA MOTION PICTURE INCENTIVE ACT, SO AS TO INCLUDE AN EXEMPTION FROM LOCAL, AS WELL AS STATE, SALES AND USE TAXES, TO DEFINE "EMPLOYEE" FOR PURPOSES OF A FIVE PERCENT REBATE ON ALL TAXABLE WAGES PAID IN CONNECTION WITH AN EMPLOYEE'S WORK ON A MOTION PICTURE AND TO PROVIDE PROCEDURES FOR CLAIMING THE REBATE, TO ALLOW UP TO SEVEN PERCENT OF THE GENERAL FUND PORTION OF ADMISSIONS TAX COLLECTED BY THE STATE AND FUNDED TO THE USE OF THE SOUTH CAROLINA FILM COMMISSION TO BE USED EXCLUSIVELY FOR MARKETING AND SPECIAL EVENTS, AND TO PROVIDE, FURTHER, THAT THE COMMISSION REPORT ANNUALLY TO THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT ON USE OF ALL ITS FUNDS IN A PUBLIC REPORT, ACCESSIBLE ON ITS WEBSITE; TO AMEND SECTION 12-36-920, AS AMENDED, RELATING TO SALES TAX ON GROSS PROCEEDS FROM RENTALS ON LODGINGS, SO AS TO DELETE A REBATE TO A MOTION PICTURE PRODUCTION COMPANY FOR SALES TAX PAID ON ACCOMMODATIONS; TO AMEND SECTION 1-30-25, AS AMENDED, RELATING TO THE DEPARTMENT OF COMMERCE, SO AS TO DELETE A REFERENCE TO THE STATE DEVELOPMENT BOARD; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STATE SALES AND USE TAX, SO AS TO DELETE THE EXEMPTION FOR THE PROCEEDS OF SALES MADE TO A MOTION PICTURE COMPANY.
Rep. HARRELL proposed the following Amendment No. 1A (Doc Name COUNCIL\PT\2490MM05), which was adopted:
Amend the bill, as and if amended, Section 12-62-60(A) as found in SECTION 1, page 7, at line 27, delete /(1)/ and insert / (1) / after /(A)/; and at line 40, insert / (2) / after /State/.
Amend further, by deleting SECTION 4 in its entirety and inserting:
/ This act takes effect upon approval by the Governor, and applies to taxable years beginning July 1, 2004, except that Sections 12-62-50(A)(1) and 12-62-60(A)(1) are effective July 1, 2005. /
Renumber sections to conform.
Amend title to conform.
Rep. HARRELL explained the amendment.
The amendment was then adopted.
Rep. HARRELL proposed the following Amendment No. 2A (Doc Name COUNCIL\PT\2491MM05), which was adopted:
Amend the bill, as and if amended, Section 12-62-50(A) as found in SECTION 1, page 5, at line 4, delete /fifteen/ and insert / twenty /; and at line 9, delete /seven/ and insert / ten /.
Renumber sections to conform.
Amend title to conform.
Rep. HARRELL explained the amendment.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.
Rep. COOPER moved that the House recur to the Morning Hour, which was agreed to.
The following was introduced:
H. 3836 (Word version) -- Reps. Emory, J. M. Neal and Lucas: A CONCURRENT RESOLUTION CONGRATULATING THE INDIAN LAND HIGH SCHOOL "LADY WARRIORS" SOFTBALL TEAM OF LANCASTER COUNTY ON WINNING THEIR FIFTH STRAIGHT CLASS A STATE CHAMPIONSHIP AND COMMENDING THE HARD WORK AND DEDICATION OF THE TEAM AND HEAD COACH MONICA BARFIELD.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 3837 (Word version) -- Reps. J. R. Smith, D. C. Smith, Lee, Stewart, Bowers, Davenport, Allen, Altman, Bailey, J. Brown, Cato, Chalk, Clemmons, Cobb-Hunter, Hamilton, J. Hines, Hosey, Kirsh, Leach, Loftis, Lucas, McCraw, Miller, Ott, Parks, Rice, F. N. Smith, G. R. Smith, W. D. Smith, Tripp, Vaughn and Young: A BILL TO AMEND SECTION 12-39-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORRECTION OF PROPERTY TAX ASSESSMENTS AND ADJUSTMENTS IN VALUATION TO REFLECT FIRE DAMAGE, SO AS TO EXTEND THE VALUATION ADJUSTMENT REQUIRED FOR FIRE DAMAGE TO DAMAGE CAUSED BY ANOTHER CATASTROPHE.
Referred to Committee on Ways and Means
H. 3838 (Word version) -- Reps. J. R. Smith, D. C. Smith, Stewart and Chellis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-15-315 SO AS TO AUTHORIZE A QUALIFIED ELECTOR TO CAST A BALLOT DURING A PERIOD BEGINNING TEN DAYS BEFORE A GENERAL ELECTION WITHOUT QUALIFICATION.
Referred to Committee on Judiciary
H. 3839 (Word version) -- Reps. Loftis, Vaughn, Haskins, Davenport, Bailey, Bales, Cooper, Dantzler, Duncan, Frye, Hamilton, Leach and J. R. Smith: A JOINT RESOLUTION DIRECTING THE DEPARTMENT OF REVENUE TO REVISE ITS SCHEDULE OF STATE AND COUNTYWIDE REAL PROPERTY ASSESSMENT AND EQUALIZATION PROGRAM SO AS TO PROVIDE THAT ALL REAL PROPERTY IS APPRAISED AND EQUALIZED IN PROGRAMS CONDUCTED SIMULTANEOUSLY AND THE VALUES DETERMINED IN THESE PROGRAMS IMPLEMENTED SIMULTANEOUSLY ACCORDING TO THE SCHEDULE PROVIDED BY LAW AND TO POSTPONE ANY APPRAISAL AND EQUALIZATION PROGRAM SCHEDULED OR UNDERWAY IN A COUNTY UNTIL THE YEAR OF THE FIRST STATEWIDE ASSESSMENT AND EQUALIZATION.
Referred to Committee on Ways and Means
Rep. DELLENEY moved that the House stand at ease until the Ratification of Acts and thereafter stand adjourned, which was adopted.
At 11:15 a.m. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified:
(R32, S. 3 (Word version)) -- Senators Leatherman, Verdin, Gregory and Grooms: AN ACT 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 CHANGE THE NAME OF THE LICENSE PLATE TO "KEEP IT BEAUTIFUL", TO PROVIDE THAT CERTAIN PROCEEDS RECEIVED FROM THE FEES COLLECTED FROM THE ISSUANCE OF THIS LICENSE PLATE MUST BE USED TO ENHANCE INSTEAD OF BEAUTIFY THE STATE'S ROADS AND HIGHWAYS, TO REVISE THE ALLOCATION OF THE FEES COLLECTED FROM THE ISSUANCE OF THIS SPECIAL LICENSE PLATE, AND TO CHANGE THE NAME OF THE FUND USED TO FINANCE THE ENHANCEMENTS TO BE COMPLETED BY THE DEPARTMENT OF TRANSPORTATION.
(R33, S. 83 (Word version)) -- Senators McConnell, Moore, Campsen, Ryberg, O'Dell, Elliott, Alexander, Gregory, Leatherman, Richardson and Bryant: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3, CHAPTER 32 TO TITLE 15 SO AS TO ENACT THE "SOUTH CAROLINA NONECONOMIC DAMAGES AWARDS ACT OF 2005", TO DEFINE KEY TERMS, TO ESTABLISH PROCEDURES GOVERNING THE AWARDING OF NONECONOMIC DAMAGES SUCH AS PAIN AND SUFFERING, TO LIMIT THE AMOUNT OF AN AWARD FOR NONECONOMIC DAMAGES TO THREE HUNDRED FIFTY THOUSAND DOLLARS FOR EACH CLAIMANT, AND TO PROVIDE FOR EXCEPTIONS; BY ADDING SECTION 15-35-400, SO AS TO PROVIDE FOR OFFERS OF JUDGMENT AFTER COMMENCEMENT OF A CIVIL ACTION BASED ON CONTRACT OR SEEKING THE RECOVERY OF MONEY DAMAGES AND TO PROVIDE FOR CONSEQUENCES OF NONACCEPTANCE; BY ADDING SECTION 15-36-100, SO AS TO ESTABLISH STANDARDS FOR EXPERT WITNESSES IN PROFESSIONAL MALPRACTICE ACTIONS; BY ADDING CHAPTER 79 TO TITLE 15 SO AS TO DEFINE KEY TERMS, PROVIDE FOR MANDATORY MEDIATION, AND TO PERMIT BINDING ARBITRATION IN MEDICAL MALPRACTICE ACTIONS; BY ADDING SECTION 38-79-40, SO AS TO PROHIBIT A PERSON SERVING ON THE BOARD OF THE JOINT UNDERWRITING ASSOCIATION OR THE BOARD OF GOVERNORS OF THE PATIENTS' COMPENSATION FUND FROM BEING EMPLOYED OR COMPENSATED BY EITHER OF THESE AGENCIES; BY ADDING SECTION 38-79-155 SO AS TO REQUIRE MEDICAL MALPRACTICE INSURANCE CARRIERS TO PROVIDE AND MAINTAIN COVERAGE TO QUALIFIED LICENSED HEALTH CARE PROVIDERS; TO AMEND SECTION 38-79-460, RELATING TO THE PATIENTS' COMPENSATION FUND, SO AS TO PROVIDE THAT THE FUND SHALL BE MANAGED BY THE BOARD OF GOVERNORS RATHER THAN THE STATE TREASURER; TO AMEND SECTION 38-79-470, RELATING TO THE PATIENTS' COMPENSATION FUND, SO AS TO PROVIDE THAT MONEY IS TO BE WITHDRAWN FROM THE FUND UPON SIGNATURE OF THE CHAIRMAN OF THE BOARD OF GOVERNORS; TO AMEND SECTION 40-47-200, RELATING TO SUSPENSION OR REVOCATION OF A LICENSE TO PRACTICE MEDICINE OR OSTEOPATHY, SO AS TO REQUIRE NOTIFICATION TO THE PERSON'S LAST KNOWN EMPLOYER AND TO ANY PLACE WHERE THE PERSON HAS PRIVILEGES TO PRACTICE MEDICINE; TO AMEND SECTION 40-47-211, RELATING TO THE BOARD OF MEDICAL EXAMINERS, SO AS TO INCREASE THE MEMBERSHIP OF THE BOARD FROM THIRTY-SIX TO FORTY-EIGHT MEMBERS AND TO PROVIDE FOR LAY MEMBERS IN ADDITION TO THIRTY-SIX LICENSED PHYSICIANS; TO AMEND SECTION 40-71-10, AS AMENDED, RELATING TO MEMBERS OF PROFESSIONAL COMMITTEES EXEMPT FROM TORT LIABILITY, SO AS TO ADD THAT A MEMBER OF A PROFESSIONAL COMMITTEE IS NOT LIABLE FOR DAMAGES IN AN ACTION FOR RESTRAINT OF TRADE, A VIOLATION OF THE SOUTH CAROLINA UNFAIR TRADE PRACTICES ACT, OR ANOTHER ACTION BASED ON UNFAIR OR ILLEGAL COMPETITION UNLESS THE MEMBER ACTED WITH MALICE; BY ADDING SECTION 40-71-30, SO AS TO ALLOW CONFIDENTIAL DOCUMENTS TO BE FILED UNDER SEAL WITH THE CIRCUIT COURT WITH JURISDICTION OVER THE PENDING ACTION; AND TO AMEND SECTION 15-38-15, RELATING TO CIVIL LIABILITY, SO AS TO PROVIDE THAT INCLUSION OF ANY PERCENTAGE OF THE PLAINTIFF'S FAULT SHALL NOT REDUCE THE AMOUNT OF THE PLAINTIFF'S RECOVERABLE DAMAGES.
(R34, H. 3234 (Word version)) -- Reps. Harrell, Wilkins, Harvin, Walker, J.E. Smith, Altman, Tripp, Bowers and Bailey: AN ACT TO AMEND ARTICLE 7, CHAPTER 11 OF TITLE 55, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO STATE FUNDING OF AIR CARRIER HUB TERMINAL FACILITIES, SO AS TO INCLUDE A FACILITY THAT OPERATES TWO OR MORE SPECIAL, STATE-TAXED PLANES FOR THE TRANSPORT OF SPECIAL CARGO, TO INCLUDE AN ECONOMIC DEVELOPMENT PROJECT THAT IS FUNCTIONALLY RELATED TO AIR CARRIER HUB TERMINAL FACILITIES SATISFYING THE CRITERIA, TO PROVIDE FOR APPROVAL OF THE ISSUANCE OF BONDS FOR AN INFRASTRUCTURE IN CONNECTION WITH AN AIR CARRIER HUB FACILITY BY THE JOINT BOND REVIEW COMMITTEE AND THE BUDGET AND CONTROL BOARD AFTER THE REQUEST IS PRESENTED BY THE SECRETARY OF COMMERCE WITH CERTIFICATION OF CERTAIN INFORMATION, TO PLEDGE THE FULL FAITH, CREDIT, AND TAXING POWER OF THE STATE AND ENSURE SUFFICIENT ALLOCATION OF TAX REVENUES FOR PAYMENT ON THE BONDS, TO MAKE TECHNICAL CHANGES; AND TO AMEND SECTION 11-41-30, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE ECONOMIC DEVELOPMENT BOND ACT, SO AS TO INCLUDE AS INFRASTRUCTURE BUILDINGS ON ALL QUALIFYING AIR CARRIER HUB TERMINAL FACILITIES.
(R35, H. 3246 (Word version)) -- Reps. Duncan, Taylor and M.A. Pitts: AN ACT TO AMEND SECTION 50-11-870, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BIRD SANCTUARIES, SO AS TO DECLARE AS A BIRD SANCTUARY THE GROUNDS OF THE PRESBYTERIAN HOME OF SOUTH CAROLINA LOCATED ON HIGHWAY 56 IN THE TOWN OF CLINTON IN LAURENS COUNTY.
The Senate returned to the House with concurrence the following:
H. 3798 (Word version) -- Reps. Chalk and Ceips: A CONCURRENT RESOLUTION TO CONGRATULATE THE HILTON HEAD PREPARATORY SCHOOL "LADY DOLPHINS" BASKETBALL TEAM OF BEAUFORT COUNTY ON THE SOUTH CAROLINA STATE INDEPENDENT SCHOOL ATHLETIC ASSOCIATION CLASS AAA CHAMPIONSHIP, AND HONOR THE PLAYERS AND COACH ROBERT SULEK.
H. 3809 (Word version) -- Rep. G. Brown: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA UPON THE DEATH OF LOVING MOTHER, EDUCATOR, AND COMMUNITY LEADER, MARY LILLIES WILLIAMS RILEY GRANT OF BISHOPVILLE ON FEBRUARY 2, 2005, AND TO EXTEND DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.
H. 3810 (Word version) -- Reps. White, Martin, Agnew, Cooper, Thompson and Townsend: A CONCURRENT RESOLUTION TO EXTEND A WARM WELCOME AND BEST WISHES FOR A SUCCESSFUL VISIT TO OUR FRIENDS FROM THE WESTERN ISLES OF SCOTLAND AS THEY VISIT THEIR SISTER CITY, THE TOWN OF PENDLETON.
At 11:20 a.m. the House, in accordance with the motion of Rep. HASKINS, adjourned in memory of Johnny Gresham of Greenville, to meet at 10:00 a.m. tomorrow.
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