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 Job 22:22: "Accept instruction from his mouth and lay up his words in your heart."
Let us pray. O Lord our God, steer us as Representatives of the people, as a State and as individuals. Empower these women and men to work together as one to accomplish the agenda at hand. Inspire them to be the best in service to You and Your people. Look in kindness upon our Nation, President, State and her leaders. Bless and keep our defenders of freedom in Your safe care. O Lord, hear our prayer. 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. VICK moved that when the House adjourns, it adjourn in memory of Michael Plyler of Pageland, which was agreed to.
The following was introduced:
H. 4010 (Word version) -- Rep. G. Brown: A HOUSE RESOLUTION EXPRESSING CONDOLENCES TO THE FAMILY AND FRIENDS OF THE LATE CHRISTOPHER CASWELL WILCOX AND SHARING THEIR SORROW AT THE UNTIMELY DEATH OF THIS FINE YOUNG MAN.
The Resolution was adopted.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4011 (Word version) -- Reps. Walker, Cotty, Anthony, Bailey, Ceips, Dantzler, Davenport, Delleney, Harrison, Herbkersman, Hinson, Littlejohn, Mahaffey, Townsend, Coates, McGee, G. Brown and Pinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 11 TO CHAPTER 36, TITLE 12, SO AS TO IMPOSE AN ADDITIONAL STATE SALES, USE, AND CASUAL EXCISE TAX EQUAL TO TWO AND ONE-HALF PERCENT OF GROSS PROCEEDS OF SALES OR SALES PRICE, AND TO PROVIDE THAT THIS ADDITIONAL TWO AND ONE-HALF PERCENT TAX DOES NOT APPLY TO THE TAX ON ACCOMMODATIONS; BY AMENDING SECTION 11-11-150, AS AMENDED, RELATING TO THE TRUST FUND FOR TAX RELIEF, SO AS TO PROVIDE THAT REVENUES FROM THE TRUST FUND FOR TAX RELIEF TO BE DISTRIBUTED TO A SCHOOL DISTRICT SHALL BE PAID MONTHLY IN AN AMOUNT THAT IS THE DISTRICT'S PROPORTIONATE SHARE OF TRUST FUND REVENUES BASED ON WEIGHTED PUPIL UNITS AS DETERMINED UNDER THE EDUCATION FINANCE ACT; BY ADDING SECTION 11-11-155 SO AS TO CREATE THE SCHOOL TRUST FUND AND REQUIRE REVENUES OF THE ADDITIONAL SALES AND USE TAX AND ADDITIONAL REVENUE GENERATED BY REVISING SALES TAX CAPS TO BE CREDITED TO THIS FUND; BY AMENDING SECTION 12-36-2110, AS AMENDED, RELATING TO THE MAXIMUM SALES, USE, AND CASUAL EXCISE TAX ON VARIOUS ITEMS OF TANGIBLE PERSONAL PROPERTY, INCLUDING MOTOR VEHICLES, SO AS TO RAISE THE MAXIMUM TAX; BY ADDING SECTION 12-37-253 SO AS TO PROVIDE FOR A PROPERTY TAX EXEMPTION FOR ALL PROPERTY FROM SCHOOL OPERATING MILLAGE NOT OTHERWISE EXEMPT, TO PROVIDE THE METHOD OF DETERMINING AND PHASING IN THE EXEMPTION, TO PROVIDE REIMBURSEMENTS TO SCHOOL DISTRICTS FOR THIS NEW EXEMPTION WITH A PAYMENT BASED ON WEIGHTED PUPIL UNITS AS DETERMINED UNDER THE EDUCATION FINANCE ACT, TO PROVIDE FOR CERTAIN LIMITS ON THE AMOUNT OF MILLAGE FOR SCHOOL OPERATIONS A SCHOOL DISTRICT MAY IMPOSE AFTER THE ABOVE PROVISIONS TAKE EFFECT; BY AMENDING CHAPTER 20, TITLE 59, RELATING TO THE EDUCATION FINANCE ACT, SO AS TO REVISE THE MANNER IN WHICH WEIGHTINGS USED TO PROVIDE FOR RELATIVE COST DIFFERENCES BETWEEN STUDENTS ARE DETERMINED, REVISE THE MANNER IN WHICH SCHOOL DISTRICT FUNDING UNDER THIS ACT IS DISTRIBUTED INCLUDING ELIMINATING THE INDEX OF TAXPAYING ABILITY AND A MODIFICATION OF THE FORMULA FOR COMPUTING BASE STUDENT COST, AND REQUIRE THE GENERAL ASSEMBLY BEGINNING WITH FISCAL YEAR 2007 TO PROVIDE ALLOCATIONS TO SCHOOL DISTRICTS BASED ON THE FULL AMOUNT OF BASE STUDENT COST DETERMINED UNDER THIS CHAPTER; BY REPEALING SECTION 59-21-160 RELATING TO STATE APPROPRIATIONS TO SCHOOL DISTRICTS; AND BY REPEALING SECTION 59-21-1030 RELATING TO THE LEVEL OF FINANCIAL EFFORT PER PUPIL REQUIRED OF SCHOOL DISTRICTS; BY REPEALING ARTICLE 3, CHAPTER 10 OF TITLE 4, RELATING TO THE CAPITAL PROJECT SALES TAX ACT, AND CHAPTER 37 OF TITLE 4 RELATING TO OPTIONAL METHODS FOR FINANCING TRANSPORTATION FACILITIES INCLUDING LEVY OF ADDITIONAL SALES TAXES, AND TO PROVIDE THAT SALES TAXES FOR PROJECTS PREVIOUSLY AUTHORIZED UNDER THESE PROVISIONS SHALL CONTINUE UNTIL THEIR SCHEDULED TERMINATION DATE; TO REQUIRE A REFERENDUM IN COUNTIES IN WHICH THE LOCAL OPTION SALES TAX IS CURRENTLY IMPOSED FOR THE PURPOSE OF DETERMINING WHETHER TO RESCIND THE TAX AND BY PROVIDING THAT THIS ACT TAKES EFFECT JULY 1, 2006, AND APPLIES FOR PROPERTY TAX YEARS BEGINNING AFTER 2006 AND MOTOR VEHICLE TAX YEARS BEGINNING AFTER JUNE 30, 2006.
Referred to Committee on Ways and Means
S. 786 (Word version) -- Senator Land: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES FOR FLORENCE COUNTY SCHOOL DISTRICT 4 TO ISSUE AND SELL GENERAL OBLIGATION BONDS OF THE SCHOOL DISTRICT IN AN AMOUNT NOT TO EXCEED NINE HUNDRED THOUSAND DOLLARS, TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MUST BE ISSUED, AND THE PURPOSE FOR WHICH THE PROCEEDS MUST BE EXPENDED, AND TO PROVIDE FOR THE PAYMENT OF THE BONDS.
Referred to Florence Delegation
The roll call of the House of Representatives was taken resulting as follows:
Allen Altman Anthony Bailey Bales Ballentine Barfield Battle Bingham Bowers Brady Branham Breeland G. Brown J. Brown R. Brown Cato Chalk Chellis Clark Clemmons Coates Coleman Cooper Dantzler Davenport Delleney Duncan Edge Emory Frye Funderburk Hagood Haley Hamilton Hardwick Harrell Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hiott Hosey Huggins Jefferson Jennings Kennedy Kirsh Leach Lee Littlejohn Loftis Lucas Mahaffey Martin McCraw McGee MCLEOD Merrill Miller J. M. Neal Neilson Norman Ott Owens Parks Perry Phillips Pinson M. A. Pitts Rhoad Rice Sandifer Scarborough Scott Simrill Skelton D. C. Smith G. M. Smith G. R. 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, April 28.
Paul Agnew James Harrison William Clyburn Jerry Govan H.B. "Chip" Limehouse David Mack Bill Cotty Gilda Cobb-Hunter Edward H. "Ted" Pitts James E. Smith Leon Howard Jackson "Seth" Whipper Joseph Neal Todd Rutherford Carl Anderson Bessie Moody-Lawrence
The SPEAKER granted Rep. CEIPS a leave of absence for the day to attend a legal conference.
The SPEAKER granted Rep. SINCLAIR a leave of absence for the day to attend a judges conference.
Announcement was made that Dr. Hal Shaw of Greenville is the Doctor of the Day for the General Assembly.
Rep. NORMAN presented to the House the Fort Mill High School Marching Band, the 2004 AAAA Champions, their director and other school officials.
Reps. OTT, RHOAD, GOVAN and COBB-HUNTER presented to the House the Hunter-Kinard-Tyler Boys "Trojans" Basketball Team, the 2005 Class A Champions, their coaches and other school officials.
Reps. OTT, RHOAD, GOVAN and COBB-HUNTER presented to the House the Hunter-Kinard-Tyler High School "Lady Trojans", the 2005 Class A 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. 3984 (Word version)
Date: ADD:
04/28/05 CLEMMONS
Bill Number: H. 3328 (Word version)
Date: ADD:
04/28/05 CLARK
Bill Number: H. 3999 (Word version)
Date: ADD:
04/28/05 VIERS
Bill Number: H. 3999 (Word version)
Date: ADD:
04/28/05 MILLER
Bill Number: H. 3999 (Word version)
Date: ADD:
04/28/05 HAYES
Bill Number: H. 3773 (Word version)
Date: ADD:
04/28/05 W. D. SMITH
Bill Number: H. 3773 (Word version)
Date: ADD:
04/28/05 LITTLEJOHN
Bill Number: H. 3773 (Word version)
Date: ADD:
04/28/05 AGNEW
Bill Number: H. 3773 (Word version)
Date: ADD:
04/28/05 BALLENTINE
Bill Number: H. 3773 (Word version)
Date: ADD:
04/28/05 HALEY
Bill Number: H. 3773 (Word version)
Date: ADD:
04/28/05 LUCAS
Bill Number: H. 3773 (Word version)
Date: ADD:
04/28/05 OTT
Bill Number: H. 3773 (Word version)
Date: ADD:
04/28/05 HARDWICK
Bill Number: H. 3773 (Word version)
Date: ADD:
04/28/05 COBB-HUNTER
Bill Number: H. 3773 (Word version)
Date: ADD:
04/28/05 ANDERSON
Bill Number: H. 3773 (Word version)
Date: ADD:
04/28/05 WITHERSPOON
Bill Number: H. 3604 (Word version)
Date: REMOVE:
04/28/05 M. A. PITTS
The following Bills and Joint Resolution were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification:
S. 764 (Word version) -- Senator Short: A BILL TO ESTABLISH THE REGISTRATION AND ELECTIONS COMMISSION OF CHESTER COUNTY, TO ABOLISH THE ELECTION COMMISSION AND THE REGISTRATION BOARD FOR CHESTER COUNTY AND DEVOLVE THE POWERS AND DUTIES OF THE ELECTION COMMISSION AND THE REGISTRATION BOARD UPON THE REGISTRATION AND ELECTIONS COMMISSION, AND TO PROVIDE THAT THE CURRENT MEMBERS OF THE CHESTER COUNTY ELECTION COMMISSION AND THE CHESTER COUNTY REGISTRATION BOARD SHALL ACT AS THE GOVERNING COMMISSION OF THE NEW CHESTER COUNTY REGISTRATION AND ELECTIONS COMMISSION UNTIL THE MEMBERS OF THE NEW COMMISSION ARE APPOINTED, AT WHICH TIME THE TERMS OF THE MEMBERS OF THE ELECTION COMMISSION AND REGISTRATION BOARD SHALL EXPIRE.
S. 405 (Word version) -- Senator Ryberg: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 54 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE FRATERNAL ORDER OF POLICE SPECIAL LICENSE PLATES.
S. 102 (Word version) -- Senators Setzler, Knotts, Hayes, Bryant, Verdin, Mescher, Ford, Leatherman, Leventis, Campsen and Moore: A BILL TO AMEND SECTION 56-3-3310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL LICENSE PLATES FOR RECIPIENTS OF THE PURPLE HEART BY THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE THAT THE DEPARTMENT MAY ISSUE THIS SPECIAL LICENSE PLATE TO PURPLE HEART RECIPIENTS WHO OWN MOTORCYCLES.
S. 719 (Word version) -- Senator Fair: A JOINT RESOLUTION TO PROVIDE THAT THE DEPARTMENT OF CORRECTIONS MAY UTILIZE INMATE LABOR UNTIL JULY 1, 2007, DURING THE CONSTRUCTION OR RENOVATION, OR BOTH, OF A FOOD SERVICE FACILITY AT THE STEVENSON CORRECTIONAL INSTITUTION AND THE RELOCATION OF A HOUSING UNIT FROM THE FORMER GREENWOOD WORK RELEASE FACILITY TO THE STEVENSON CORRECTIONAL INSTITUTION.
The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate:
H. 3906 (Word version) -- Reps. Harrell, Bales and Neilson: A BILL TO AMEND SECTION 59-104-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PALMETTO FELLOWS SCHOLARSHIP PROGRAM, SO AS TO PROVIDE ALTERNATE QUALIFICATIONS FOR THE SCHOLARSHIP.
H. 3613 (Word version) -- Reps. Kirsh, Sandifer, Clemmons and Duncan: A BILL TO AMEND CHAPTER 3, TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 SO AS TO ENACT THE "COMMON SENSE CONSUMPTION ACT", TO DEFINE THE TERMS "PARTY" AND "LONG-TERM CONSUMPTION", AND TO PROVIDE THAT A MANUFACTURER, PACKER, DISTRIBUTOR, CARRIER, HOLDER, MARKETER, SELLER, OR AN ASSOCIATION OF ONE OR MORE OF THESE ENTITIES IS NOT SUBJECT TO CIVIL LIABILITY IN AN ACTION BASED ON A PERSON'S PURCHASE OR CONSUMPTION OF FOOD OR NONALCOHOLIC BEVERAGES WHEN LIABILITY IS BASED ON WEIGHT GAIN, OBESITY, OR A HEALTH CONDITION ASSOCIATED WITH WEIGHT GAIN OR OBESITY RESULTING FROM THE PERSON'S LONG-TERM CONSUMPTION OF FOOD OR NONALCOHOLIC BEVERAGES.
H. 3963 (Word version) -- Reps. Bowers and R. Brown: A BILL TO DESIGNATE THE PORTION OF UNITED STATES HIGHWAY 17 LOCATED IN COLLETON COUNTY AS ACE BASIN SCENIC PARKWAY.
H. 3840 (Word version) -- Reps. Sandifer and Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-9-295 SO AS TO PROVIDE THAT NO COMMUNICATIONS SERVICE PROVIDER OR PARENT, SUBSIDIARY, OR AFFILIATE OF SUCH A PROVIDER MAY ENTER INTO ANY CONTRACT OR AGREEMENT THAT REQUIRES ANOTHER PERSON TO RESTRICT OR LIMIT THE ABILITY OF ANY OTHER COMMUNICATIONS SERVICE PROVIDER FROM OBTAINING EASEMENTS OR RIGHTS-OF-WAY FOR THE INSTALLATION OF FACILITIES OR EQUIPMENT TO PROVIDE COMMUNICATIONS SERVICES IN THIS STATE OR OTHERWISE DENY OR RESTRICT ACCESS TO THE REAL PROPERTY BY ANY OTHER COMMUNICATIONS SERVICE PROVIDER; OR OFFERS OR GRANTS INCENTIVES OR REWARDS TO AN OWNER OF REAL PROPERTY OR THE OWNER'S AGENT THAT ARE CONTINGENT UPON THE PROVISION OF COMMUNICATIONS SERVICE ON THE PREMISES BY A SINGLE COMMUNICATIONS SERVICE PROVIDER, TO PROVIDE EXCEPTIONS, TO DEFINE THE TERM "COMMUNICATIONS SERVICE PROVIDER" FOR THIS PURPOSE, AND TO PROVIDE CIVIL PENALTIES FOR VIOLATION.
H. 3479 (Word version) -- Rep. Davenport: A BILL TO AMEND CHAPTER 87, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRITERIA FOR ISSUANCE OF ASBESTOS ABATEMENT LICENSES, SO AS TO REVISE THE DEFINITION OF "ASBESTOS ABATEMENT ENTITY" AND "ASBESTOS PROJECT"; TO DELETE PROVISIONS ESTABLISHING LICENSURE FEES AND TO AUTHORIZE THE DEPARTMENT TO ESTABLISH SUCH FEES IN REGULATION SUFFICIENT TO COVER REASONABLE COSTS OF ADMINISTERING THE ASBESTOS PROGRAM AND TO DEFINE "COSTS"; AND TO INCREASE THE MAXIMUM CIVIL PENALTY FOR VIOLATIONS FROM ONE THOUSAND DOLLARS TO TEN THOUSAND DOLLARS.
H. 3383 (Word version) -- Reps. Loftis, Cato, Leach, Frye, Barfield, Hosey, J. R. Smith and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 10, TITLE 40 SO AS TO ENACT THE FIRE PROTECTION SPRINKLER SYSTEMS ACT, INCLUDING PROVISIONS TO LICENSE AND REGULATE THE FIRE SPRINKLER SYSTEMS INDUSTRY, AND AMONG OTHER THINGS, TO ESTABLISH LICENSURE AND LICENSURE RENEWAL REQUIREMENTS AND FEES, TO PROVIDE GROUNDS FOR MISCONDUCT AND SANCTIONS FOR MISCONDUCT, AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF FIRE SPRINKLER CONTRACTORS AND FIRE SPRINKLER SYSTEMS.
H. 3853 (Word version) -- Reps. Huggins and E. H. Pitts: A BILL TO AMEND SECTION 40-57-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS FOR LICENSURE AS A REAL ESTATE BROKER, SALESPERSON, OR PROPERTY MANAGER SO AS TO PROVIDE FOR CRIMINAL RECORD REPORTS AND SATISFACTORY EVIDENCE THAT THE APPLICANT IS OF GOOD MORAL CHARACTER.
H. 3883 (Word version) -- Reps. Duncan, Cato, Scarborough, Tripp, Mahaffey and Thompson: A BILL TO AMEND SECTION 40-29-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANUFACTURED HOUSING LICENSE, SO AS TO EXEMPT FROM THIS LICENSING REQUIREMENT A LICENSED REAL ESTATE SALESMAN OR LICENSED REAL ESTATE BROKER WHO NEGOTIATES OR ATTEMPTS TO NEGOTIATE THE SALE OR OTHER DISPOSITION OF A USED MANUFACTURED OR MOBILE HOME IN CONJUNCTION WITH THE SALE OR OTHER DISPOSITION OF THE UNDERLYING REAL ESTATE.
H. 3615 (Word version) -- Reps. Dantzler, Frye, Scarborough, Bailey, Hinson, Jefferson, Perry, Rhoad and Mahaffey: A BILL TO AMEND CHAPTER 69, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRACTICE OF VETERINARY MEDICINE, SO AS TO CONFORM THE CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF CHAPTER 1, TITLE 40 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF VETERINARIANS AND VETERINARY TECHNICIANS INCLUDING, BUT NOT LIMITED TO, ESTABLISHING AN INVESTIGATIVE REVIEW COMMITTEE, REVISING PROCEDURES FOR CONDUCTING HEARINGS, PROVIDING FOR LICENSURE BY ENDORSEMENT, AUTHORIZING STUDENT PRECEPTOR PROGRAMS, PROVIDING PROCEDURES FOR VETERINARIANS IF AN ANIMAL IS ABANDONED IN THEIR CUSTODY, PROVIDING FOR A LIEN ON AN ANIMAL WHEN PAYMENT FOR CARE IS NOT MADE, AND ESTABLISHING CERTAIN STANDARDS FOR EMERGENCY VETERINARY CARE FACILITIES AND MOBILE VETERINARY FACILITIES.
H. 3827 (Word version) -- Reps. Loftis, Edge, R. Brown, Frye, Sandifer, W. D. Smith, Vick, Witherspoon, Davenport, Perry, Mahaffey, Miller and Clemmons: 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.
H. 3340 (Word version) -- Reps. Scott, Govan and Ott: A JOINT RESOLUTION TO PROVIDE THAT EACH PUBLIC INSTITUTION OF HIGHER LEARNING SHALL DEVELOP AN ENERGY SAVINGS PLAN WHICH OVER A FIVE-YEAR PERIOD WILL REALIZE SAVINGS FROM ENERGY MANAGEMENT IMPROVEMENTS MORE THAN THE COST OF THE FUNDS EXPENDED TO MAKE THE IMPROVEMENTS AND TO PROVIDE FOR EXEMPTIONS FROM THE ABOVE PROVISIONS FOR INSTITUTIONS WHICH HAVE ALREADY IMPLEMENTED A COMPARABLE ENERGY SAVINGS PLAN.
H. 3897 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF MOTOR VEHICLES, RELATING TO MOTORIST INSURANCE IDENTIFICATION DATABASE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2957, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3819 (Word version) -- Rep. Scott: A BILL TO AMEND SECTION 1-11-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS ELIGIBLE TO PARTICIPATE IN STATE INSURANCE PLANS, SO AS TO PROVIDE THAT A LAW ENFORCEMENT OFFICER EMPLOYED BY AN ENTITY WHOSE EMPLOYEES ARE ELIGIBLE FOR STATE INSURANCE PLANS WHO IS PERMANENTLY DISABLED IN THE LINE OF DUTY AND WHOSE EMPLOYMENT IS TERMINATED AS A RESULT OF THE DISABILITY IS ELIGIBLE FOR STATE HEALTH AND DENTAL INSURANCE PLANS AND STATE-PAID PREMIUMS.
H. 3724 (Word version) -- Reps. Funderburk, G. M. Smith, Lucas, Ott, Bales, Cobb-Hunter, Frye, Hardwick, Harvin, MCLEOD, J. H. Neal, Weeks, Herbkersman, Neilson and Bowers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 31-7-25 AND 31-7-130 SO AS TO PROVIDE ADDITIONAL FINDINGS OF THE GENERAL ASSEMBLY WITH RESPECT TO PROPERTY AVAILABLE FOR REDEVELOPMENT FOR PURPOSES OF THE TAX INCREMENT FINANCING ACT FOR COUNTIES AND TO PROVIDE THAT THE PROVISIONS OF THIS ACT DO NOT RELIEVE A GOVERNMENT-OWNED TELECOMMUNICATIONS SERVICE FROM THE LIMITATIONS IMPOSED ON THOSE SERVICES BY LAW; TO AMEND SECTION 31-7-20, RELATING TO EXISTING FINDINGS FOR PURPOSES OF THE ACT, SO AS TO EXTEND EXISTING FINDINGS WITH RESPECT TO THE ACT; TO AMEND SECTION 31-7-30, RELATING TO DEFINITIONS FOR PURPOSES OF THE ACT, SO AS TO REVISE APPLICABLE DEFINITIONS TO EXTEND THE APPLICATION OF THE ACT TO MORE RURAL AREAS AND ADD ADDITIONAL ELEMENTS TO DEVELOPMENT PROJECTS NECESSARY TO ASSIST SUCH RURAL AREAS; TO AMEND SECTION 31-7-80, RELATING TO THE FINDINGS REQUIRED FOR A REDEVELOPMENT PROJECT ORDINANCE, SO AS TO REVISE THESE FINDINGS; AND TO AMEND SECTION 31-7-120, RELATING TO JOINTLY ADOPTED MUNICIPAL AND COUNTY REDEVELOPMENT PLANS, SO AS TO AUTHORIZE COUNTIES JOINTLY BY INTERGOVERNMENTAL AGREEMENTS TO ESTABLISH A MULTI-COUNTY OR REGIONAL AUTHORITY TO ESTABLISH REDEVELOPMENT PLANS AND PROPERTY WHEN SUCH PROJECTS HAVE ECONOMIC IMPACT BEYOND A SINGLE COUNTY AND PROVIDE FOR ALL SUCH AUTHORITIES TO ACT BY INTERGOVERNMENTAL AGREEMENT AND ORDINANCES OF COUNTIES PARTY TO THE AGREEMENT.
H. 3726 (Word version) -- Reps. Ott, Clark, J. E. Smith, McGee, Witherspoon, Branham, Cobb-Hunter, Duncan, Hayes, Lucas, M. A. Pitts, Taylor and R. Brown: A BILL TO AMEND TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISH, GAME, AND WATERCRAFT, SO AS TO ENACT "CHANDLER'S LAW" BY ADDING CHAPTER 26 SO AS TO PROVIDE FOR THE REGULATION, REGISTRATION, AND TITLING OF ALL-TERRAIN VEHICLES BY THE DEPARTMENT OF NATURAL RESOURCES, INCLUDING THE REQUIREMENT THAT A PERSON UNDER SIXTEEN MUST COMPLETE A DRIVING SAFETY COURSE BEFORE HE MAY OPERATE AN ALL-TERRAIN VEHICLE AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS.
The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments:
S. 581 (Word version) -- Senator Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14 TO TITLE 41 SO AS TO ENACT THE "BOILER SAFETY ACT" TO PROVIDE THAT THE DEPARTMENT OF LABOR, LICENSING AND REGULATION SHALL PROMULGATE REGULATIONS FOR THE SAFE INSTALLATION, MAINTENANCE, AND REPAIR OF BOILERS IN THIS STATE, INCLUDING STANDARDS FOR NEW CONSTRUCTION AND FOR BOILERS IN USE; TO EXEMPT CERTAIN BOILERS FROM REGULATION UNDER THIS CHAPTER; TO IDENTIFY STANDARDS FOR WORKING PRESSURE OF A BOILER; TO AUTHORIZE THE APPOINTMENT OF A CHIEF BOILER INSPECTOR, FOR THE PURPOSE OF ENFORCING THE LAWS OF THIS STATE REGULATING THE USE OF BOILERS; TO PROVIDE CERTIFICATION REQUIREMENTS FOR SPECIAL INSPECTORS FOR COMPANIES INSURING BOILERS IN THIS STATE; TO PROVIDE BOILER INSPECTION TIMEFRAMES, CRITERIA, AND REPORTING REQUIREMENTS; TO PROVIDE PENALTIES; AND TO PROHIBIT A COUNTY, MUNICIPALITY, OR OTHER POLITICAL SUBDIVISION FROM ENACTING ORDINANCES REGULATING THE CONSTRUCTION, INSTALLATION, MAINTENANCE, AND REPAIR OF BOILERS.
S. 418 (Word version) -- Senators Hayes and Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 54 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE ARTS AWARENESS SPECIAL LICENSE PLATES.
The following Bill was taken up:
H. 3984 (Word version) -- Reps. Leach, Haskins, G. M. Smith, Harrison, Wilkins, Altman, Merrill, Frye, Cotty, Chellis, Huggins, Whitmire, Brady, Clark, Duncan, Ballentine, Limehouse, Pinson, Haley, Toole, Bailey, Ceips, Hagood, Harrell, Herbkersman, J. Hines, Hinson, Kirsh, Littlejohn, Mahaffey, McGee, Perry, E. H. Pitts, Sandifer, Scarborough, Simrill, Sinclair, D. C. Smith, G. R. Smith, J. R. Smith, Talley, Taylor, Thompson, Vaughn, Viers, Walker, Umphlett, Hamilton and Clemmons: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-25-100 SO AS TO REQUIRE MAGISTRATES, MUNICIPAL COURT JUDGES, FAMILY COURT JUDGES, AND CIRCUIT COURT JUDGES TO RECEIVE CONTINUING LEGAL EDUCATION ON ISSUES CONCERNING DOMESTIC VIOLENCE; BY ADDING SECTION 20-4-65 SO AS TO PROVIDE THAT A PERSON SEEKING AN ORDER OF PROTECTION FROM DOMESTIC ABUSE IS NOT REQUIRED TO PAY A FILING FEE; BY ADDING SECTION 23-1-240 SO AS TO PROVIDE THAT A LAW ENFORCEMENT OFFICER CONVICTED OF A CRIMINAL DOMESTIC VIOLENCE OFFENSE MUST BE TERMINATED FROM HIS EMPLOYMENT; TO AMEND SECTION 16-25-20, AS AMENDED, RELATING TO CRIMINAL DOMESTIC VIOLENCE OFFENSES, SO AS TO INCREASE THE PENALTIES AND FINES FOR A PERSON WHO COMMITS CRIMINAL DOMESTIC VIOLENCE WHO HAS A PRIOR CONVICTION FOR CRIMINAL DOMESTIC VIOLENCE OR CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE AND FOR A PERSON WHO COMMITS CRIMINAL DOMESTIC VIOLENCE WHO HAS TWO PRIOR CONVICTIONS FOR CRIMINAL DOMESTIC VIOLENCE OR CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE WITHIN THE PREVIOUS TEN YEARS; TO AMEND SECTION 16-25-65, AS AMENDED, RELATING TO CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE, SO AS TO ADD THAT A PERSON IS GUILTY OF CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE IF THE PERSON INTENTIONALLY COMMITS AN ASSAULT AND BATTERY IN THE PHYSICAL PRESENCE OF A MINOR CHILD AND TO ADD A MANDATORY MINIMUM SENTENCE OF ONE YEAR TO THE PENALTIES PROVIDED FOR A VIOLATION OF THIS SECTION; TO AMEND SECTION 17-22-90, RELATING TO AGREEMENTS REQUIRED OF OFFENDERS PARTICIPATING IN THE PRETRIAL INTERVENTION PROGRAM, SO AS TO REQUIRE A PERSON TO AGREE IN WRITING TO SUCCESSFULLY COMPLETE A BATTERER'S TREATMENT PROGRAM IF THE OFFENSE IS FIRST OFFENSE CRIMINAL DOMESTIC VIOLENCE; TO AMEND SECTION 20-4-40, AS AMENDED, RELATING TO A PETITION FOR AN ORDER OF PROTECTION, SO AS TO PROVIDE IF A PETITION FOR RELIEF IS FILED AND A DIVORCE OR SEPARATE SUPPORT AND MAINTENANCE ACTION IS PENDING OR SUBSEQUENTLY FILED, THE COURT SHALL PROCEED WITH THE PETITION FOR RELIEF INDEPENDENT FROM THE ACTION FOR DIVORCE OR SEPARATE SUPPORT AND MAINTENANCE; TO AMEND SECTION 22-5-530, AS AMENDED, RELATING TO DEPOSITS IN LIEU OF RECOGNIZANCE, SO AS TO PROVIDE FOR AN INDIVIDUALIZED HEARING AND NOTICE TO THE VICTIM WHEN A PERSON IS CHARGED WITH A CRIMINAL DOMESTIC VIOLENCE OFFENSE; TO AMEND SECTION 22-5-910, AS AMENDED, RELATING TO EXPUNGEMENT OF CRIMINAL RECORDS, SO AS TO PROVIDE THAT A FIRST OFFENSE CRIMINAL DOMESTIC VIOLENCE OFFENSE MAY BE EXPUNGED AFTER FIVE YEARS RATHER THAN THREE YEARS FROM THE DATE OF CONVICTION; AND TO AMEND SECTION 56-7-15, AS AMENDED, RELATING TO THE USE OF THE UNIFORM TRAFFIC TICKET, SO AS TO PROVIDE THAT AN OFFICER SHALL IMMEDIATELY COMPLETE AND FILE AN INCIDENT REPORT AFTER ARRESTING A PERSON FOR A CRIMINAL DOMESTIC VIOLENCE OFFENSE.
Rep. MCGEE proposed the following Amendment No. 2 (Doc Name COUNCIL\PT\2586AHB05):
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Article 1, Chapter 25, Title 16 of the 1976 Code is amended by adding:
"Section 16-25-120. (A) In addition to the provisions of Section 17-15-30, the court shall consider the factors provided in subsection (B) when considering release of a person on bond who is charged with a violent offense, as defined in Section 16-1-60, when the victim of the offense is a household member, as defined in Section 16-25-20, and the person:
(1) is subject to the terms of a valid order of protection or restraining order at the time of the offense in this State or another state; or
(2) has a previous conviction involving the violation of a valid order of protection or restraining order in this State or another state.
(B) The court shall consider the following factors before release of a person on bond who is subject to the provisions of subsection (A), which was adopted:
(1) the person has a history of criminal domestic violence, as defined in this article, or a history of other violent offenses, as defined in Section 16-1-60;
(2) the mental health of the person;
(3) the person has a history of violating the orders of a court or other governmental agency; and
(4) the person poses a potential threat to another person." /
Renumber sections to conform.
Amend title to conform.
Rep. MCGEE explained the amendment.
The amendment was then adopted.
Rep. W. D. SMITH proposed the following Amendment No. 3 (Doc Name COUNCIL\MS\7463AHB05), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Section 16-3-20(C)(a) of the 1976 Code, as last amended by Act 224 of 2002, is further amended to read:
"(a) Statutory aggravating circumstances:
(1) The murder was committed while in the commission of the following crimes or acts:
(a) criminal sexual conduct in any degree;
(b) kidnapping;
(c) burglary in any degree;
(d) robbery while armed with a deadly weapon;
(e) larceny with use of a deadly weapon;
(f) killing by poison;
(g) drug trafficking as defined in Sections 44-53-370(e), 44-53-375(B), 44-53-440, or 44-53-445;
(h) physical torture; or
(i) dismemberment of a person.
(2) The murder was committed by a person with a prior conviction for murder.
(3) The offender by his act of murder knowingly created a great risk of death to more than one person in a public place by means of a weapon or device which normally would be hazardous to the lives of more than one person.
(4) The offender committed the murder for himself or another for the purpose of receiving money or a thing of monetary value.
(5) The murder of a judicial officer, former judicial officer, solicitor, former solicitor, or other officer of the court during or because of the exercise of his official duty.
(6) The offender caused or directed another to commit murder or committed murder as an agent or employee of another person.
(7) The murder of a federal, state, or local law enforcement officer or former federal, state, or local law enforcement officer, peace officer or former peace officer, corrections officer or former corrections officer, including a county or municipal corrections officer or a former county or municipal corrections officer, a county or municipal detention facility employee or former county or municipal detention facility employee, or fireman or former fireman during or because of the performance of his official duties.
(8) The murder of a family member of an official listed in subitems (5) and (7) above with the intent to impede or retaliate against the official. 'Family member' means a spouse, parent, brother, sister, child, or person to whom the official stands in the place of a parent or a person living in the official's household and related to him by blood or marriage.
(9) Two or more persons were murdered by the defendant by one act or pursuant to one scheme or course of conduct.
(10) The murder of a child eleven years of age or under.
(11) The murder of a witness or potential witness committed at any time during the criminal process for the purpose of impeding or deterring prosecution of any crime.
(12) The murder of a person's spouse while the person is:
(a) subject to the provisions of a valid order of protection pursuant to Chapter 4, Title 20;
(b) violating a condition of bond; or
(c) violating a restraining order pursuant to Article 17, Chapter 3, Title 16.
(13) The murder of a person's spouse if the person has a prior conviction for criminal domestic violence involving the same victim pursuant to Chapter 25, Title 16." /
Renumber sections to conform.
Amend title to conform.
Rep. W. D. SMITH explained the amendment.
The amendment was then adopted.
Rep. MCLEOD proposed the following Amendment No. 4 (Doc Name COUNCIL\MS\7476AHB05), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Section 16-25-10 of the 1976 Code, as last amended by Act 92 of 2003, is further amended to read:
"Section 16-25-10. As used in this article, 'household member' means spouses, former spouses, persons who have a child in common, and a male and female who are cohabiting or formerly have cohabited:
(1) spouse;
(2) former spouse;
(3) persons who have a child in common;
(4) a male and female who are cohabitating or formerly have cohabitated;
(5) parents if the offender is a child; and
(6) grandparents living in the house ifthe offender is a child." /
Amend the bill further, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Section 20-4-20(b) of the 1976 Code, as last amended by Act 92 of 2003, is further amended to read:
"(b) 'Household member' means spouses, former spouses, persons who have a child in common, and a male and female who are cohabiting or formerly have cohabited:
(i) spouse;
(ii) former spouse;
(iii) persons who have a child in common;
(iv) a male and female who are cohabitating or formerly have cohabitated;
(v) parents if the offender is a child; and
(vi) grandparents living in the house if the offender is a child."/
Renumber sections to conform.
Amend title to conform.
Rep. MCLEOD explained the amendment.
Rep. DELLENEY moved to table the amendment, which was agreed to.
Rep. MCLEOD proposed the following Amendment No. 5 (Doc Name COUNCIL\MS\7465AHB05), which was tabled:
Amend the bill, as and if amended, by deleting in its entirety Section 17-22-90(7), as contained in SECTION 6, page 7, beginning on line 27, and inserting:
/ (7) if the offense is first offense criminal domestic violence pursuant to Section 16-25-20, agree in writing to successful completion of a batterer's treatment program approved by the Department of Social Services and pay a twenty-five dollar surcharge that must be remitted to the county to be used for the provision of services for the victims of crime including those required by law." /
Renumber sections to conform.
Amend title to conform.
Rep. MCLEOD explained the amendment.
Rep. COLEMAN moved to table the amendment, which was agreed to.
Rep. FRYE proposed the following Amendment No. 6 (Doc Name COUNCIL\GGS\22131HTC05):
Amend the bill, as and if amended, in Section 16-25-20, as contained in Section 4, page 5, by adding a new subsection, appropriately lettered, after line 33, to read:
/ ( ) Notwithstanding any other provision of law, a person must submit to either one or a combination of chemical tests of the person's blood or urine for the purpose of determining the presence of alcohol or drugs, or a combination of alcohol and drugs, if there is probable cause to believe that the person violated or is under arrest for a violation of this section. In addition, such testing is required of the victim of the alleged violation.
The tests must be administered at the direction of a law enforcement officer who has probable cause to believe that the person violated or is under arrest for a violation of this section or is a victim of an alleged violation of this section. The administration of one test does not preclude the administration of other tests. The resistance, obstruction, or opposition to testing pursuant to this section is evidence admissible at the trial of the offense established by this section. A person who is tested or gives samples for testing may have a qualified person of the person's choice conduct additional tests at the person's expense and must be notified of that right. A person's request or failure to request additional blood or urine tests is not admissible against the person in the trial.
A hospital, physician, qualified technician, chemist, or registered nurse who obtains the samples or conducts the test or participates in the process of obtaining the samples or conducting the test in accordance with this section is not subject to a cause of action for assault, battery, or another cause alleging that drawing blood or taking samples at the request of the arrested person, victim, or a law enforcement officer, was wrongful. This release from liability does not reduce the standard of medical care required of the person obtaining the samples or conducting the test. This qualified release also applies to the employer of the person who conducts the test or obtains the samples.
The person tested or giving samples for testing may have a qualified person of the person's own choosing conduct additional tests at the person's expense and must be notified in writing of that right. A person's request or failure to request additional blood or urine tests is not admissible against the person in the trial. The failure or inability of the person tested to obtain additional tests does not preclude the admission of evidence relating to the tests or samples obtained at the direction of the law enforcement officer.
The arresting officer must provide affirmative assistance to the person to contact a qualified person to conduct and obtain additional tests. Affirmative assistance, at a minimum, includes providing transportation for the person to the nearest medical facility that provides testing to determine alcohol or drug concentrations, or both. If the medical facility obtains the blood samples but refuses or fails to test the samples to determine the person's alcohol or drug concentrations, or both, SLED must test the samples and provide the result to the person and to the arresting officer. Failure to provide affirmative assistance upon request to obtain additional tests bars the admissibility of the breath test result in any judicial or administrative proceeding.
SLED shall administer the provisions of this subsection and shall make regulations necessary to carry out its provisions. The costs of the tests administered at the direction of the law enforcement officer must be paid from the general fund of the State.
A qualified person who obtains samples or administers the tests or assists in obtaining samples or the administration of tests at the direction of a law enforcement officer is released from civil and criminal liability unless the obtaining of samples or tests is performed in a negligent, reckless, or fraudulent manner. No person may be required by the arresting officer, or by another law enforcement officer, to obtain or take any sample of blood or urine.
The provisions of this subsection relating to the administration of the required tests, additional tests at the person's expense, the availability of other evidence on the question of whether or not the person was under the influence of alcohol or drugs, or a combination of alcohol or drugs, availability of test information to the person or his attorney, and the liability of medical institutions and persons administering the tests are applicable to this section and also extend to the officer requesting the test, the State or its political subdivisions, or governmental agency, or entity which employs the officer making the request, and the agency, institution, or employer, either governmental or private, of persons administering the tests. Notwithstanding any other provision of state law pertaining to confidentiality of hospital records or other medical records, information regarding tests performed pursuant to this section must be released, upon subpoena, to a court, prosecuting attorney, defense attorney, or law enforcement officer in connection with an alleged violation of this section. /
Renumber sections to conform.
Amend title to conform.
Rep. FRYE explained the amendment.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 6.
Reps. WALKER and FUNDERBURK withdrew their requests for debate on the following Bill:
H. 3227 (Word version) -- Reps. Littlejohn, Mahaffey, Clark, Townsend, Miller, Anthony, Pinson, Umphlett, J. Brown, Bailey, Bowers and Whipper: A BILL TO AMEND CHAPTER 10 OF TITLE 4, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO PROVIDE, SUBJECT TO A COUNTYWIDE REFERENDUM, FOR THE IMPOSITION OF A SPECIAL ONE PERCENT SALES AND USE TAX WITHIN A COUNTY FOR NOT MORE THAN SEVEN YEARS WITH THE REVENUE OF THE TAX USED TO DEFRAY GENERAL OBLIGATION DEBT SERVICE OR OTHERWISE DEFRAY THE COSTS OF CAPITAL IMPROVEMENTS OF THE SCHOOL DISTRICTS WITHIN SUCH COUNTY, TO PROVIDE THAT THE TAX MAY BE IMPOSED ONLY AFTER ITS APPROVAL IN A REFERENDUM HELD IN THE COUNTY, TO PROVIDE FOR THE REFERENDUM, AND TO PROVIDE THAT, IF IMPOSED, THE TAX MUST BE COLLECTED BY THE SOUTH CAROLINA DEPARTMENT OF REVENUE AND REMITTED TO THE SOUTH CAROLINA TREASURER FOR SCHOOL DISTRICTS OF THE COUNTY IN WHICH THE TAX IS IMPOSED, TO PROVIDE THAT THE TAX IS IMPOSED AND IS SUBJECT TO THE SAME EXEMPTIONS AND MAXIMUM TAXES AS PROVIDED IN THE SOUTH CAROLINA SALES TAX ACT EXCEPT FOR AN ADDITIONAL EXEMPTION FOR FOOD ITEMS WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, AND TO PROVIDE FOR THE METHOD OF APPLYING THE REVENUES OF THE TAX TO SCHOOL DISTRICT GENERAL OBLIGATION DEBT SERVICE.
Reps. WEEKS and BREELAND withdrew their requests for debate on H. 3694; however, other requests for debate remained on the Bill:
H. 3694 (Word version) -- Reps. Miller, Cotty, Anderson, Vaughn, Clark, Neilson, Altman, Battle, G. Brown, Davenport, Edge, Frye, Hagood, Hamilton, Rivers, Sinclair, D. C. Smith and Wilkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-19-170 ENACTING THE "GAMBLING CRUISE PROHIBITION ACT" SO AS TO PROHIBIT GAMBLING OR THE REPAIR OF GAMBLING DEVICES ON A VESSEL IN A VOYAGE THAT BEGINS AND ENDS WITHIN THIS STATE, TO PROHIBIT THE OPERATION OF A VESSEL THAT TRANSPORTS PERSONS TO ANOTHER VESSEL FOR THE PURPOSE OF GAMBLING IF BOTH THE TRANSPORTING VESSEL AND THE VESSEL ON WHICH A GAMBLING DEVICE IS USED OR REPAIRED BEGINS AND ENDS ITS VOYAGE IN THIS STATE, AND TO PROVIDE DEFINITIONS AND PENALTIES FOR VIOLATION.
Pursuant to House Rule 1.6, the SPEAKER addresses the body concerning a matter of importance to the House.
The motion of Rep. DAVENPORT to reconsider the vote whereby the following Bill was tabled was taken up:
H. 3525 (Word version) -- Reps. Chellis, Cotty, Altman, Anderson, Bailey, Ceips, Clemmons, Clyburn, Dantzler, Edge, Frye, Hardwick, Hosey, Jefferson, Littlejohn, Loftis, Mahaffey, McCraw, Phillips, Rhoad, Rutherford, Scarborough, Sinclair, Umphlett, Walker, Witherspoon, Sandifer, G. Brown and Hinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-5-70 SO AS TO REQUIRE A MUNICIPALITY TO PROVIDE WATER OR SEWER SERVICES TO A PROPERTY OWNER UPON WRITTEN REQUEST WHEN THE PROPERTY OWNER AGREES TO PAY THE COST OF EXTENDING THESE SERVICES BY THE PAYMENT OF AN ASSESSMENT LEVIED AGAINST THE PROPERTY.
Rep. SCOTT moved to table the motion to reconsider.
Rep. CATO demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Brady Breeland J. Brown Clyburn Funderburk Hagood J. Hines Hosey Jennings Kirsh Lucas MCLEOD Miller Moody-Lawrence Owens Parks Perry Pinson M. A. Pitts Rice Rutherford Scarborough Scott Skelton D. C. Smith G. R. Smith Thompson Whipper White
Those who voted in the negative are:
Altman Anderson Anthony Bailey Bales Ballentine Barfield Battle Bingham Bowers Branham G. Brown Cato Chalk Chellis Clark Clemmons Coates Coleman Cooper Cotty Dantzler Davenport Delleney Edge Frye Haley Hamilton Hardwick Harrison Hayes Hinson Hiott Huggins Jefferson Kennedy Leach Limehouse Loftis Mahaffey Martin McCraw McGee Merrill Neilson Phillips E. H. Pitts Sandifer Simrill G. M. Smith J. R. Smith W. D. Smith Stewart Talley Taylor Toole Townsend Tripp Umphlett Vaughn Vick Viers Walker Weeks Whitmire Witherspoon Young
So, the House refused to table the motion to reconsider.
The question then recurred to the motion to reconsider, which was agreed to.
Rep. SCOTT asked unanimous consent to recall H. 3348 (Word version) from the Committee on Judiciary.
Rep. G. M. SMITH objected.
Rep. DELLENEY asked unanimous consent to recall S. 415 (Word version) from the Committee on Education and Public Works.
Rep. SKELTON objected.
On motion of Rep. TOWNSEND, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works and was referred to the Committee on Agriculture, Natural Resources and Environmental Affairs:
S. 138 (Word version) -- Senator Hayes: A BILL TO AMEND CHAPTER 3, TITLE 56 OF THE 1976 CODE, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 10 TO PROVIDE FOR THE REGISTRATION AND LICENSING OF ALL-TERRAIN VEHICLES.
Rep. LOFTIS asked unanimous consent to recall H. 3225 (Word version) from the Committee on Education and Public Works.
Rep. WALKER objected.
Rep. SCOTT asked unanimous consent to recall H. 3348 (Word version) from the Committee on Judiciary.
Rep. G. M. SMITH objected.
The Senate amendments to the following Joint Resolution were taken up for consideration:
H. 3717 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2004-2005.
Rep. COOPER made the Point of Order that the Senate Amendments were 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 Bills were taken up, read the third time, and ordered sent to the Senate:
H. 3700 (Word version) -- Reps. Clemmons and Harrison: A BILL TO AMEND SECTION 15-7-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACTIONS WHICH MUST BE TRIED WHERE THE SUBJECT MATTER IS SITUATED, SO AS TO ADD THAT ALL MATTERS BETWEEN LANDLORD AND TENANT MUST BE TRIED WHERE THE SUBJECT MATTER OR SOME PART OF THE PROPERTY IS SITUATED.
H. 3588 (Word version) -- Reps. Whipper, Sinclair, J. H. Neal, Brady, Barfield, Weeks, Hosey, Govan, Lucas, Harrison, Anderson, Bowers, Breeland, Hamilton, Haskins, Hayes, M. Hines, Littlejohn, Mahaffey, Phillips, Pinson, W. D. Smith, Taylor, Walker, Bailey and Clemmons: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-1-110 SO AS TO PROVIDE THAT COMMON LAW MARRIAGE IN THE STATE MAY NOT BE RECOGNIZED ON AND AFTER JANUARY 1, 2006, AND TO PROVIDE AN EXCEPTION FOR A COMMON LAW MARRIAGE EXISTING AS OF DECEMBER 31, 2005; AND TO REPEAL SECTION 20-1-360 RELATING TO THE VALIDITY OF A MARRIAGE CONTRACTED WITHOUT THE ISSUANCE OF A LICENSE.
H. 3638 (Word version) -- Reps. Cotty, Edge, Clemmons, Barfield, Altman, Bales, Battle, Bingham, J. Brown, Ceips, Chellis, Clark, Cobb-Hunter, Cooper, Delleney, Govan, Hagood, Hardwick, Hayes, Huggins, Leach, Limehouse, Martin, Miller, J. H. Neal, Pinson, E. H. Pitts, M. A. Pitts, Rivers, Scarborough, Sinclair, Skelton, F. N. Smith, G. R. Smith, Toole, Townsend, Vick, Whipper, Whitmire, Witherspoon, Scott and Mahaffey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-6-1635 SO AS TO PROVIDE THAT ALCOHOLIC LIQUOR SOLD BY THE DRINK MUST BE PURCHASED ONLY FROM SPECIFICALLY LICENSED PERSONS; BY ADDING SECTION 61-6-1636 SO AS TO PROVIDE THAT CLASS A FEDERALLY LICENSED DISTRIBUTORS AND CLASS B LIQUOR STORES MAY DELIVER ALCOHOLIC LIQUORS ONLY TO ESTABLISHMENTS LICENSED FOR ON-PREMISES CONSUMPTION AND TO PROVIDE AN EXCEPTION; BY ADDING SECTION 61-6-1637 SO AS TO PROHIBIT A PERSON OR HIS AGENT LICENSED UNDER ARTICLE 5, CHAPTER 6, TITLE 61 FROM SUBSTITUTING ANOTHER BRAND OF ALCOHOLIC LIQUOR IN PLACE OF THE BRAND SPECIFIED BY THE CUSTOMER, TO PROVIDE EXCEPTIONS, AND TO PROVIDE A PENALTY; BY ADDING 61-6-1638 SO AS TO REQUIRE ALL BILLS OR INVOICES FOR DELIVERIES OF ALCOHOLIC LIQUORS TO RETAIL ESTABLISHMENTS LICENSED FOR ON-PREMISES CONSUMPTION OF ALCOHOLIC LIQUORS MUST CLEARLY STATE THE TRANSPORTATION CHARGE OR DELIVERY FEE; BY ADDING SECTION 61-6-1650 SO AS TO PROHIBIT A LICENSEE OR HIS AGENT FROM KNOWINGLY OR WILFULLY REFILLING OR REUSING A BOTTLE OF LAWFULLY PURCHASED ALCOHOLIC LIQUORS OR OTHERWISE TAMPER WITH THE CONTENTS OF THE BOTTLE; TO AMEND SECTION 6-27-40, AS AMENDED, RELATING TO DISTRIBUTIONS FROM THE LOCAL GOVERNMENT FUND, SO AS TO FURTHER PROVIDE FOR THE AMOUNT OF THE DISTRIBUTION TO COUNTIES THAT MUST BE USED FOR ALCOHOL EDUCATION AND ALCOHOLISM AND DRUG REHABILITATION; TO AMEND SECTION 12-33-245, RELATING TO THE TWENTY-FIVE CENTS TAX ON EACH CONTAINER OF ALCOHOLIC LIQUOR SOLD IN MINIBOTTLES, SO AS TO IMPOSE INSTEAD AN EXCISE TAX ON THE GROSS PROCEEDS OF SALES OF ALCOHOLIC LIQUOR BY THE DRINK FOR ON-PREMISES CONSUMPTION IN LICENSED ESTABLISHMENTS, TO REQUIRE THOSE ENTITIES THAT ARE ALLOCATED AND RECEIVE MINIBOTTLE TAX REVENUES IN 2004-05 MUST RECEIVE THE SAME AMOUNT OF REVENUES FROM THE COMBINATION OF MINIBOTTLE TAX REVENUES AND LIQUOR BY THE DRINK REVENUES, AND TO PROVIDE A PROCEDURE FOR REBATING TAXES TO ESTABLISHMENTS RETURNING UNUSED MINIBOTTLES; TO AMEND SECTION 61-6-20, RELATING TO THE DEFINITIONS USED IN THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO PROVIDE A DEFINITION OF "ALCOHOLIC LIQUOR BY THE DRINK" THAT INCLUDES MINIBOTTLES AND OTHER CONTAINERS REGARDLESS OF SIZE; TO AMEND SECTION 61-6-700, RELATING TO ESTABLISHMENTS WHICH USE ALCOHOLIC BEVERAGES SOLELY IN THE PREPARATION OF FOODS TO BE SERVED BY THE ESTABLISHMENTS, SO AS TO DELETE THE REFERENCE TO MINIBOTTLES; TO AMEND 61-6-1300, RELATING TO RESTRICTIONS ON WHOLESALERS OF ALCOHOLIC LIQUORS, SO AS TO PROHIBIT A MANUFACTURER, DISTILLER, IMPORTER, OR WHOLESALER FROM OFFERING CERTAIN EQUIPMENT OR DISCOUNTS TO RETAILERS AND PROHIBIT RETAILERS FROM ACCEPTING THIS EQUIPMENT, AND PROVIDE THAT DISCOUNTS TO ALL CUSTOMERS MUST BE BASED ON THE TYPE OF PRODUCT AND APPEAR ON SALES RECORDS AND MUST BE UNIFORMLY OFFERED; TO AMEND SECTION 61-6-1500, AS AMENDED, RELATING TO THE PROHIBITION ON THE RETAIL DEALER OF MINIBOTTLES, SO AS TO DELETE THE REQUIREMENT TO MINIBOTTLES; TO AMEND SECTION 61-6-1600, AS AMENDED, RELATING TO NONPROFIT ORGANIZATIONS BEING LICENSED TO SELL ALCOHOLIC LIQUORS IN MINIBOTTLES, SO AS TO ALSO AUTHORIZE THE SALE OF ALCOHOLIC LIQUORS BY THE DRINK; TO AMEND SECTION 61-6-1610, AS AMENDED, RELATING TO BUSINESS ESTABLISHMENTS LICENSED TO SELL ALCOHOLIC LIQUORS IN MINIBOTTLES, SO AS TO ALSO AUTHORIZE THE SALE OF ALCOHOLIC LIQUORS BY THE DRINK AND TO MAKE CONFORMING CHANGES; TO AMEND SECTION 61-6-1620, RELATING TO RESTRICTIONS ON MINIBOTTLE LICENSEES, SO AS TO DELETE THE RESTRICTIONS AND TO AUTHORIZE THE POSSESSION AND CONSUMPTION OF ALCOHOLIC LIQUORS IN CONTAINERS OTHER THAN MINIBOTTLES ON LICENSED PREMISES; TO AMEND SECTION 61-6-1825, RELATING TO THE PROCEDURES TO PROTEST THE ISSUANCE OR RENEWAL OF A MINIBOTTLE LICENSE, SO AS TO DELETE THE TERM "MINIBOTTLE" AND TO MAKE THE PROCEDURES APPLY TO ANY BIENNIAL LICENSE FOR ON-PREMISES CONSUMPTION; TO AMEND SECTION 61-6-2000, AND SECTION 61-6-2005, AS AMENDED, RELATING TO TEMPORARY PERMITS FOR NONPROFIT ORGANIZATIONS, SO AS TO PROVIDE THAT THE LICENSE AUTHORIZES THE SALE OF ALCOHOLIC LIQUORS BY THE DRINK; TO AMEND SECTION 61-6-2010, AS AMENDED, RELATING TO TEMPORARY PERMITS AUTHORIZED THROUGH A REFERENDUM, SO AS TO REMOVE THE REFERENCES TO ALCOHOLIC LIQUORS "IN SEALED CONTAINERS OF TWO OUNCES OR LESS"; TO AMEND SECTION 61-6-2200, RELATING TO THE AGE OF THE SERVER OF ALCOHOLIC LIQUORS IN ON-PREMISES ESTABLISHMENTS, SO AS TO PROVIDE THE SERVER, WHO IS EIGHTEEN YEARS OF AGE OR OLDER, ALSO MAY SERVE ALCOHOLIC LIQUORS BY THE DRINK; TO AMEND SECTION 61-6-2400, RELATING TO THE TAXABLE MINIBOTTLE, SO AS TO DELETE A REFERENCE TO "MINIBOTTLE" AND REPLACE IT WITH "LIQUOR SOLD BY THE DRINK"; AND TO AMEND SECTION 61-6-2600, RELATING TO THE PENALTIES FOR VIOLATING ARTICLE 5, CHAPTER 6, TITLE 61, CONCERNING THE REGULATION OF ALCOHOLIC LIQUORS IN MINIBOTTLES, SO AS TO REMOVE THE REFERENCE TO MINIBOTTLES AND TO PROVIDE THAT A PERSON WHO ACTS TO AVOID THE PAYMENT OF THE EXCISE TAX IMPOSED ON THE SERVING OF ALCOHOLIC BEVERAGES BY THE DRINK IS SUBJECT TO THE PENALTIES OF THIS SECTION.
H. 3141 (Word version) -- Reps. Scarborough, Duncan, M. A. Pitts, Umphlett, R. Brown, Whipper, Loftis and Battle: A BILL TO AMEND SECTION 1-23-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGENCY PROCEDURES FOR PROMULGATING REGULATIONS, SO AS TO INCLUDE CERTAIN REQUIREMENTS PROVIDED FOR ELSEWHERE IN THE ADMINISTRATIVE PROCEDURES ACT; TO AMEND SECTION 1-23-120, AS AMENDED, RELATING TO GENERAL ASSEMBLY REVIEW OF REGULATIONS, SO AS TO REVISE PROCEDURES GOVERNING THIS REVIEW BY, AMONG OTHER THINGS, REQUIRING AGENCIES TO STRIKE THROUGH TEXT BEING DELETED FROM EXISTING REGULATIONS AND TO UNDERLINE TEXT BEING ADDED, REQUIRING LEGISLATIVE COUNCIL TO NOTIFY ALL MEMBERS OF THE GENERAL ASSEMBLY WHEN REGULATIONS ARE SUBMITTED FOR REVIEW, PROVIDING THAT A REGULATION IS DEEMED WITHDRAWN IF IT HAS NOT BECOME EFFECTIVE BY THE END OF THE TWO-YEAR LEGISLATIVE SESSION DURING WHICH THE REGULATION WAS SUBMITTED FOR REVIEW AND TO PROVIDE EXPEDITED PROCEDURES FOR SUBMITTING THE SAME REGULATION FOR LEGISLATIVE REVIEW IN THE NEXT SESSION, AND DELETING PROVISIONS REQUIRING AGENCIES TO CONDUCT FORMAL REVIEWS OF ITS REGULATIONS EVERY FIVE YEARS; TO AMEND SECTION 1-23-125, AS AMENDED, RELATING TO THE PROHIBITION AGAINST THE GENERAL ASSEMBLY REPEALING OR AMENDING REGULATIONS, SO AS TO DELETE DUPLICATIVE PROVISIONS AND TO INCLUDE PROVISIONS PROVIDED FOR ELSEWHERE IN THE ADMINISTRATIVE PROCEDURES ACT; AND TO ADD SECTION 1-23-121 SO AS TO PROVIDE THAT AN AGENCY MAY NOT ESTABLISH, MODIFY, OR INCREASE A FEE UNLESS AUTHORIZED BY LAW OR THROUGH REGULATION.
H. 3235 (Word version) -- Reps. Witherspoon, R. Brown, Clark, Bowers and Mahaffey: A BILL TO AMEND SECTION 49-23-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DROUGHT RESPONSE AND CURTAILMENT OF NONESSENTIAL WATER USE DURING SEVERE OR EXTREME DROUGHT, SO AS TO PROVIDE THAT CERTAIN AGRICULTURAL PURPOSES ARE ALSO CONSIDERED AN ESSENTIAL WATER USE AND ARE EXEMPT FROM THIS MANDATORY CURTAILMENT OF NONESSENTIAL WATER USES.
The following House Resolution was taken up:
H. 4006 (Word version) -- Reps. Jefferson, Dantzler, Hinson, Huggins, Merrill and Umphlett: A HOUSE RESOLUTION TO REQUEST THAT THE DEPARTMENT OF NATURAL RESOURCES NAME THE PRESENTLY UNNAMED BOAT LANDING LOCATED IN RUSSELLVILLE IN BERKELEY COUNTY AS THE "AMOS GOURDINE BOAT LANDING" AND TO INSTALL APPROPRIATE SIGNS CONTAINING THE WORDS "AMOS GOURDINE BOAT LANDING" ON THE PROPERTY THROUGH LOCALLY GENERATED FUNDING BY THE DEPARTMENT OF NATURAL RESOURCES.
Whereas, Amos Gourdine served his House district and Berkeley County with ability and distinction during his service in the House of Representatives; and
Whereas, Amos and his lovely wife, Helen, reside in Pineville, and they are blessed with four wonderful children: Danita, Angela, Alfrida, and Olivia; and
Whereas, he is a native of Pineville, is a retired officer with the Department of Natural Resources and attended both Trident Technical College and Charleston Southern University; and
Whereas, it is proper and fitting for the House of Representatives to recognize the tireless efforts and outstanding contributions of such a distinguished South Carolinian. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the South Carolina House of Representatives, by this resolution, request that the Department of Natural Resources name the presently unnamed boat landing located in Russellville in Berkeley County as the "Amos Gourdine Boat Landing" and to install appropriate signs containing the words "Amos Gourdine Boat Landing" on the property through locally generated funding by the Department of Natural Resources.
Be it further resolved that a copy of this resolution be forwarded to the Department of Natural Resources.
The Resolution was adopted.
The following Concurrent Resolution was taken up:
S. 425 (Word version) -- Senators Sheheen and Malloy: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES THOMPSON CREEK ALONG SOUTH CAROLINA HIGHWAY 9 IN THE TOWN OF CHESTERFIELD THE "HOOVER FAY BELL BRIDGE" AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "HOOVER FAY BELL BRIDGE".
Whereas, the Honorable Hoover Fay Bell was born on February 22, 1921 in Wampee, the son of O. J. and Reatha (Carter) Bell; and
Whereas, he attended Clemson College from 1938 to 1940, and obtained his Bachelor of Legal Letters from the University of South Carolina in 1951; and
Whereas, Mr. Bell served as Mayor of Chesterfield from 1955-1957, and as a member of the South Carolina House of Representatives from 1961 to 1971; and
Whereas, Mr. Bell has been actively involved in his community through his service with the Civitan Club, Service Club, and the American Legion; and
Whereas, he has served in numerous capacities as a member of Chesterfield Presbyterian Church; and
Whereas, he is the recipient of the W. D. Craig Lifetime Community Service Award, the highest honor bestowed upon a Chesterfield citizen; and
Whereas, it is fitting and proper for the members of the General Assembly to recognize this great South Carolinian by naming the bridge that crosses Thompson Creek along South Carolina Highway 9 in the Town of Chesterfield in his honor. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly request that the Department of Transportation name the bridge that crosses Thompson Creek along South Carolina Highway 9 in the Town of Chesterfield the "Hoover Fay Bell Bridge" and to erect appropriate markers or signs at this bridge that contain the words "Hoover Fay Bell Bridge".
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.
The Concurrent Resolution was adopted and sent to the Senate.
The following Concurrent Resolution was taken up:
S. 696 (Word version) -- Senators Sheheen, Elliott, Lourie, Malloy, McConnell, Moore, Thomas, Land, Alexander, Anderson, Bryant, Campsen, Cleary, Courson, Cromer, Drummond, Fair, Ford, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Leatherman, Leventis, Martin, Matthews, McGill, Mescher, O'Dell, Patterson, Peeler, Pinckney, Rankin, Reese, Richardson, Ritchie, Ryberg, Scott, Setzler, Short, J. V. Smith, Verdin and Williams: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE AT THE AMTRAK STATION ON U.S. HIGHWAY 1 IN FRONT OF THE AMERICAN LEGION BUILDING IN CAMDEN THE "DONALD HARRY HOLLAND BRIDGE" IN HONOR OF THE LATE SENATOR DONALD HOLLAND OF KERSHAW.
Whereas, the late Senator Donald H. Holland devoted over half a century of his life to continuous public service, having been first elected to the South Carolina House of Representatives in 1950; and
Whereas, at the time of his death, he was the longest serving active lawmaker in South Carolina, having served in the South Carolina Senate since 1969; and
Whereas, as Chairman of the Senate Judiciary Committee from 1995 to 2002, he devoted much of his energy and attention to children's issues and domestic violence, and for these efforts, he was named Legislator of the Year; and
Whereas, in 1988, Senator Holland served as Chairman of the General Assembly's Screening Committee for Candidates for the Public Service Commission which began a fifteen-year effort to reform the qualifications of Public Service Commissioners; and
Whereas, Senator Holland was born in Cassatt on August 19, 1928, the son of the late Eugene and Alberta Branham Holland; and
Whereas, he was devoted to his wife, the former Betty Bell, and to his daughter, Elizabeth 'Lisa' Holland; and
Whereas, Senator Holland was active in his faith as a member of the Lyttleton Street United Methodist Church in Camden; and
Whereas, he was a member of the VFW, American Legion, Woodmen of the World, and was a 33rd Degree Mason and Shriner. He was also a member of Kershaw County Historical Society and the Caroliniana Society; and
Whereas, he was a long-time member of the Board of Directors of the First Palmetto Savings Bank; and
Whereas, Senator Holland entered the United States Armed Forces at the age of eighteen, serving in Japan at the conclusion of World War II. Upon his honorable discharge from the military in 1948, he entered the University of South Carolina. He graduated from the University of South Carolina School of Law in 1951 and was a successful and highly respected attorney in Camden and Kershaw County; and
Whereas, the members of the General Assembly believe it a fitting tribute to Senator Holland and his family for a bridge in his home county to be named in his honor. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly, by this resolution, request the South Carolina Department of Transportation name the bridge at the Amtrak Station on U. S. Highway 1 in front of the American Legion building in Camden the "Donald Harry Holland Bridge" in honor of the late Senator Donald Holland of Kershaw.
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.
The Concurrent Resolution was adopted and sent to the Senate.
The motion period was dispensed with on motion of Rep. COOPER.
The following Bill was taken up:
H. 3525 (Word version) -- Reps. Chellis, Cotty, Altman, Anderson, Bailey, Ceips, Clemmons, Clyburn, Dantzler, Edge, Frye, Hardwick, Hosey, Jefferson, Littlejohn, Loftis, Mahaffey, McCraw, Phillips, Rhoad, Rutherford, Scarborough, Sinclair, Umphlett, Walker, Witherspoon, Sandifer, G. Brown and Hinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-5-70 SO AS TO REQUIRE A MUNICIPALITY TO PROVIDE WATER OR SEWER SERVICES TO A PROPERTY OWNER UPON WRITTEN REQUEST WHEN THE PROPERTY OWNER AGREES TO PAY THE COST OF EXTENDING THESE SERVICES BY THE PAYMENT OF AN ASSESSMENT LEVIED AGAINST THE PROPERTY.
Rep. RICE proposed the following Amendment No. 3 (Doc Name COUNCIL\DKA\3398DW05), which was adopted:
Amend the bill, as and if amended, Section 58-5-70, SECTION 2, page 2, beginning on line 6, by deleting / , including the costs of additional capacity when necessary, /.
Renumber sections to conform.
Amend title to conform.
Rep. RICE explained the amendment.
Rep. SANDIFER spoke against the amendment.
The amendment was then adopted.
Rep. SCOTT spoke against the Bill.
Rep. SKELTON spoke against the Bill.
Rep. D. C. SMITH spoke against the Bill.
Rep. BRADY spoke against the Bill.
Rep. BRADY continued speaking.
Rep. THOMPSON moved cloture on the entire matter, which was agreed to.
Rep. PINSON spoke against the Bill.
Rep. HARDWICK spoke in favor of the Bill.
Rep. SANDIFER spoke in favor of the Bill.
Rep. SCOTT moved to table the Bill.
Rep. CATO demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Brady Branham Breeland J. Brown Clyburn Cotty Emory Funderburk Govan Hagood J. Hines M. Hines Hiott Hosey Jefferson Kirsh Lucas Mack MCLEOD Miller Moody-Lawrence J. M. Neal Neilson Owens Parks Perry Pinson Rutherford Scott Skelton D. C. Smith G. M. Smith G. R. Smith Thompson Weeks Whipper White
Those who voted in the negative are:
Altman Anderson Anthony Bailey Ballentine Barfield Bingham Bowers G. Brown Cato Chalk Chellis Clark Clemmons Cobb-Hunter Cooper Dantzler Davenport Duncan Edge Haley Hamilton Hardwick Harrison Hayes Hinson Howard Huggins Jennings Leach Lee Limehouse Littlejohn Loftis Martin McCraw McGee Merrill J. H. Neal Norman Ott Phillips E. H. Pitts M. A. Pitts Rhoad Rice Sandifer Simrill J. R. Smith W. D. Smith Stewart Taylor Toole Townsend Tripp Umphlett Vaughn Vick Viers Walker Wilkins Witherspoon Young
So, the House refused to table the Bill.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Altman Anthony Bailey Ballentine Bingham G. Brown Cato Chalk Chellis Clark Clemmons Cobb-Hunter Cooper Dantzler Davenport Duncan Edge Frye Haley Hamilton Hardwick Harrell Haskins Hayes Hinson Hosey Howard Huggins Leach Lee Limehouse Littlejohn Loftis Mahaffey Martin McCraw J. H. Neal Norman Ott Phillips E. H. Pitts M. A. Pitts Rhoad Rice Sandifer J. R. Smith W. D. Smith Stewart Taylor Toole Tripp Umphlett Vaughn Vick Viers Walker Wilkins Witherspoon Young
Those who voted in the negative are:
Agnew Anderson Brady Branham Breeland J. Brown Clyburn Cotty Emory Funderburk Govan Hagood J. Hines M. Hines Hiott Jefferson Kirsh Lucas Mack McGee MCLEOD Miller Moody-Lawrence J. M. Neal Neilson Owens Parks Perry Pinson Scott Simrill Skelton D. C. Smith G. M. Smith Thompson Townsend Weeks White
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. CATO asked unanimous consent that H. 3525 (Word version) be read a third time tomorrow.
Rep. SCOTT objected.
Rep. SCOTT moved that the House recur to the Morning Hour, which was agreed to.
Columbia, S.C., April 28, 2005
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 12:30 p.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., April 28, 2005
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 3152:
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.
The Report of the Committee of Conference, having been adopted by both Houses, it was ordered that the title be changed to that of an Act and the Act enrolled for ratification.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., April 28, 2005
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 3373:
H. 3373 (Word version) -- Reps. W. D. Smith, Walker, Sinclair, Davenport, Littlejohn, Mahaffey and Talley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-23-810 SO AS TO PROVIDE THAT THE PORTION OF ROADSIDE VEGETATION ADJACENT TO INTERSTATE HIGHWAY 26, INTERSTATE HIGHWAY 85, AND INTERSTATE HIGHWAY 585 IN SPARTANBURG COUNTY MAY BE MOWED BEYOND THIRTY FEET FROM THE PAVEMENT.
Very respectfully,
President
Received as information.
The following was received from the Senate:
Columbia, S.C., April 27, 2005
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Martin, Knotts and Malloy of the Committee of Conference on the part of the Senate on S. 22:
S. 22 (Word version) -- Senators Knotts, McConnell, Leventis, Sheheen, Hayes, Alexander, Ford, McGill, Williams and Malloy: 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, 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.
Very respectfully,
President
Received as information.
Whereupon, the Chair appointed Reps. G. M. SMITH, MERRILL and JENNINGS to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 3999 (Word version) -- Reps. Clemmons, Barfield, Edge, Hardwick, Witherspoon, Viers, Miller and Hayes: A CONCURRENT RESOLUTION TO REQUEST THAT THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION NAME THE INTRACOASTAL WATERWAY BRIDGE ON ROBERT GRISSOM PARKWAY IN HORRY COUNTY THE "ZEB M. THOMAS, SR., BRIDGE" IN HONOR OF ZEB M. THOMAS, SR., OF MYRTLE BEACH FOR HIS OUTSTANDING CONTRIBUTIONS TO HIS COMMUNITY AND THE STATE.
On motion of Rep. LEACH, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration:
H. 3999 (Word version) -- Reps. Clemmons, Barfield, Edge, Hardwick, Witherspoon, Viers, Miller and Hayes: A CONCURRENT RESOLUTION TO REQUEST THAT THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION NAME THE INTRACOASTAL WATERWAY BRIDGE ON ROBERT GRISSOM PARKWAY IN HORRY COUNTY THE "ZEB M. THOMAS, SR., BRIDGE" IN HONOR OF ZEB M. THOMAS, SR., OF MYRTLE BEACH FOR HIS OUTSTANDING CONTRIBUTIONS TO HIS COMMUNITY AND THE STATE.
Whereas, Zeb M. Thomas, Sr., has contributed to the Myrtle Beach community, Horry County, and the State of South Carolina since 1960, when he moved to Myrtle Beach to operate the Dayton House Motel; and
Whereas, during his forty-five years in Myrtle Beach, Mr. Thomas has seen the city change and grow and has developed the Dayton House Motel with thirteen rooms, into the Dayton House Resort with three hundred twenty-eight units; and
Whereas, while his resort grew, so did his participation in community activities. Mr. Thomas helped found and held positions of leadership in the Myrtle Beach Hotel/Motel Association, Anchor Bank, and the Council of Myrtle Beach Organizations, also known as COMBO, an organization committed to promoting the Myrtle Beach area and lobby for transportation infrastructure; and
Whereas, he was an active participant in the Chamber of Commerce auto promotional trips in the 1960's and 1970's, which were successful in promoting the Grand Strand as a popular vacation destination; and
Whereas, Mr. Thomas was the first person to serve two different terms as chairman of the board of the Myrtle Beach Area Chamber of Commerce, of which he was named a lifetime member, and enthusiastically directed the Sun Fun Festival Parade for over twenty years. He is also a member of the Myrtle Beach Lions Club and a charter member of Ocean View Baptist Church; and
Whereas, for his benevolent spirit, Mr. Thomas has been named Myrtle Beach Citizen of the Year and awarded the Order of the Palmetto; and
Whereas, in addition to a thriving, lovely marriage, Mr. Thomas and his wife, Clyde, have four children and eight grandchildren; and
Whereas, it is with immense admiration that the members of the General Assembly name the intracoastal waterway bridge on Robert Grissom Parkway in Horry County the "Zeb M. Thomas, Sr., Bridge" in honor of this great South Carolinian. 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, request that the South Carolina Department of Transportation name the intracoastal waterway bridge on Robert Grissom Parkway in Horry County the "Zeb M. Thomas, Sr., Bridge" in honor of Zeb M. Thomas, Sr., of Myrtle Beach for his outstanding contributions to his community and the State.
Be it further resolved that a copy of this resolution be presented to Zeb M. Thomas, Sr., of Myrtle Beach and forwarded to the Department of Transportation.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The following was introduced:
H. 4012 (Word version) -- Reps. McGee, Coates, Branham, J. Hines and M. Hines: A HOUSE RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES TO ROCHE ON REACHING THE MILESTONE OF ONE HUNDRED YEARS OF OPERATIONS IN THE UNITED STATES AND FURTHER EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES TO THIS LEADING INTERNATIONAL HEALTH CARE INNOVATOR AND OUTSTANDING CORPORATE CITIZEN IN SOUTH CAROLINA BY PROCLAIMING JULY 25, 2005, AS ROCHE DAY IN THIS STATE.
The Resolution was adopted.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4013 (Word version) -- Reps. Clark, Pinson, Davenport, Altman, Frye and Hosey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 65 TO TITLE 44, SO AS TO ENACT THE "SOUTH CAROLINA STARVATION AND DEHYDRATION OF PERSONS WITH DISABILITIES PREVENTION ACT" WHICH PROVIDES A PRESUMPTION THAT EVERY PERSON LEGALLY INCAPABLE OF MAKING HEALTH CARE DECISIONS HAS DIRECTED TO BE PROVIDED WITH NUTRITION AND HYDRATION SUFFICIENT TO SUSTAIN LIFE AND TO PROVIDE EXCEPTIONS, INCLUDING, AMONG OTHER THINGS, THAT PROVIDING NUTRITION AND HYDRATION IS NOT MEDICALLY POSSIBLE OR WOULD HASTEN DEATH OR THAT THERE IS CLEAR AND CONVINCING EVIDENCE THAT THE PERSON, WHEN CAPABLE, GAVE CONTRARY DIRECTIVES; AND TO AUTHORIZE SEEKING INJUNCTIVE RELIEF AGAINST A PERSON IN VIOLATION OF THIS CHAPTER.
Referred to Committee on Judiciary
H. 4014 (Word version) -- Reps. Talley, Anthony, Davenport, Lee, Littlejohn, W. D. Smith and Walker: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING SPARTANBURG COUNTY TO THE GOVERNING BODY OF SPARTANBURG COUNTY AND TO PROVIDE THAT THE APPOINTMENT OF MAGISTRATES IS NOT AFFECTED BY THE PROVISIONS OF THIS ACT.
On motion of Rep. W. D. SMITH, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4015 (Word version) -- Rep. White: A BILL TO AMEND SECTIONS 40-47-940, 40-47-945, 40-47-950, 40-47-955, 40-47-965, 40-47-970, 40-47-1015, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE SOUTH CAROLINA PHYSICIAN ASSISTANTS PRACTICE ACT, SO AS TO UPDATE AND CLARIFY THE PROCEDURE FOR ISSUANCE OF AUTHORIZATION TO PRACTICE AND FOR CHANGE IN SUPERVISING PHYSICIAN; TO CLARIFY THE PERMANENT LICENSURE FOR PHYSICIAN ASSISTANTS AND CLARIFY APPEARANCES IN THE APPLICATION PROCESS; TO CLARIFY THE LIMITED LICENSURE FOR PHYSICIAN ASSISTANTS AND CLARIFY APPEARANCES IN THE APPLICATION PROCESS; TO CLARIFY SUPERVISION RESPONSIBILITIES WHEN A PHYSICIAN ASSISTANT AND A PHYSICIAN PRACTICE AT THE SAME LOCATION; TO CLARIFY THE REQUIREMENTS FOR OFF-SITE PRACTICE; TO PROVIDE THAT PATIENT CHARTS FOR PATIENTS SEEN BY A PHYSICIAN ASSISTANT IN A SUPERVISOR'S ABSENCE MUST BE REVIEWED BY THE SUPERVISING PHYSICIAN OR ALTERNATE WITHIN FIVE WORKING DAYS AND TO PROVIDE AN EXCEPTION; TO PROVIDE LIMITED CONTROLLED SUBSTANCE PRESCRIPTIVE AUTHORITY; TO CLARIFY THAT THE PHYSICIAN ASSISTANT PRACTICE IS LIMITED TO THE SUPERVISING PHYSICIAN'S SCOPE OF PRACTICE; TO PROVIDE REFERENCES; TO CHANGE CERTAIN REFERENCES FROM BOARD TO COMMITTEE; AND TO PROVIDE THAT MONETARY FEES MAY BE DECREASED OR INCREASED BIENNIALLY FOR PHYSICIAN ASSISTANTS.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 4016 (Word version) -- Reps. Moody-Lawrence, Parks, Whipper, Anthony, Breeland, G. Brown, R. Brown, Cobb-Hunter, J. Hines, Kennedy, Lee, Loftis, Neilson, Rutherford, Scarborough, Townsend and Weeks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-425 SO AS TO PROVIDE THAT CERTAIN FOUR-YEAR STATE INSTITUTIONS OF HIGHER LEARNING SHALL DEVELOP AND IMPLEMENT A MECHANISM FOR EVALUATING THE COMPETENCY LEVEL OF CERTAIN STUDENTS FOR APPROPRIATE PLACEMENT IN THE EARLY CHILDHOOD EDUCATION FOUR-YEAR COURSE OF STUDY.
Referred to Committee on Education and Public Works
H. 4017 (Word version) -- Reps. F. N. Smith, Moody-Lawrence, Anthony and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-430 SO AS TO PROVIDE THAT EACH STATE COLLEGE OR UNIVERSITY SHALL PROVIDE A MONTHLY STIPEND TO FOOTBALL AND BASKETBALL PLAYERS DURING THEIR RESPECTIVE SEASONS.
Referred to Committee on Education and Public Works
H. 4018 (Word version) -- Reps. Merrill, Ott, Whipper, Bailey, Clyburn, Cobb-Hunter, Dantzler, Davenport, Emory, Frye, Hosey, Jefferson, Mack, Parks and Umphlett: A JOINT RESOLUTION DIRECTING THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PREPARE A REPORT TO BE SUBMITTED TO THE GENERAL ASSEMBLY BEFORE JANUARY 1, 2007, THAT, AMONG OTHER THINGS, PROVIDES A STRATEGY FOR MINIMIZING AND ELIMINATING MERCURY USE IN PRIORITY PRODUCTS IN SOUTH CAROLINA.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 4019 (Word version) -- Reps. Merrill, Ott, Whipper, Bailey, Clyburn, Cobb-Hunter, Dantzler, Davenport, Frye, Hosey, Jefferson, Mack, Parks and Umphlett: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-395 SO AS TO PROVIDE THAT BEGINNING JANUARY 1, 2007, A SCHOOL MAY NOT POSSESS, USE, OR PURCHASE ELEMENTAL MERCURY OR A MERCURY COMPOUND; AND TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND THE DEPARTMENT OF EDUCATION SHALL SPONSOR A SERIES OF MERCURY COLLECTION EVENTS THROUGHOUT THE STATE TO ENSURE THAT EXISTING MERCURY SUPPLIES ARE COLLECTED, REMOVED, AND RECYCLED PROPERLY.
Referred to Committee on Education and Public Works
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 6:
H. 3984 (Word version) -- Reps. Leach, Haskins, G. M. Smith, Harrison, Wilkins, Altman, Merrill, Frye, Cotty, Chellis, Huggins, Whitmire, Brady, Clark, Duncan, Ballentine, Limehouse, Pinson, Haley, Toole, Bailey, Ceips, Hagood, Harrell, Herbkersman, J. Hines, Hinson, Kirsh, Littlejohn, Mahaffey, McGee, Perry, E. H. Pitts, Sandifer, Scarborough, Simrill, Sinclair, D. C. Smith, G. R. Smith, J. R. Smith, Talley, Taylor, Thompson, Vaughn, Viers, Walker, Umphlett, Hamilton and Clemmons: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-25-100 SO AS TO REQUIRE MAGISTRATES, MUNICIPAL COURT JUDGES, FAMILY COURT JUDGES, AND CIRCUIT COURT JUDGES TO RECEIVE CONTINUING LEGAL EDUCATION ON ISSUES CONCERNING DOMESTIC VIOLENCE; BY ADDING SECTION 20-4-65 SO AS TO PROVIDE THAT A PERSON SEEKING AN ORDER OF PROTECTION FROM DOMESTIC ABUSE IS NOT REQUIRED TO PAY A FILING FEE; BY ADDING SECTION 23-1-240 SO AS TO PROVIDE THAT A LAW ENFORCEMENT OFFICER CONVICTED OF A CRIMINAL DOMESTIC VIOLENCE OFFENSE MUST BE TERMINATED FROM HIS EMPLOYMENT; TO AMEND SECTION 16-25-20, AS AMENDED, RELATING TO CRIMINAL DOMESTIC VIOLENCE OFFENSES, SO AS TO INCREASE THE PENALTIES AND FINES FOR A PERSON WHO COMMITS CRIMINAL DOMESTIC VIOLENCE WHO HAS A PRIOR CONVICTION FOR CRIMINAL DOMESTIC VIOLENCE OR CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE AND FOR A PERSON WHO COMMITS CRIMINAL DOMESTIC VIOLENCE WHO HAS TWO PRIOR CONVICTIONS FOR CRIMINAL DOMESTIC VIOLENCE OR CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE WITHIN THE PREVIOUS TEN YEARS; TO AMEND SECTION 16-25-65, AS AMENDED, RELATING TO CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE, SO AS TO ADD THAT A PERSON IS GUILTY OF CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE IF THE PERSON INTENTIONALLY COMMITS AN ASSAULT AND BATTERY IN THE PHYSICAL PRESENCE OF A MINOR CHILD AND TO ADD A MANDATORY MINIMUM SENTENCE OF ONE YEAR TO THE PENALTIES PROVIDED FOR A VIOLATION OF THIS SECTION; TO AMEND SECTION 17-22-90, RELATING TO AGREEMENTS REQUIRED OF OFFENDERS PARTICIPATING IN THE PRETRIAL INTERVENTION PROGRAM, SO AS TO REQUIRE A PERSON TO AGREE IN WRITING TO SUCCESSFULLY COMPLETE A BATTERER'S TREATMENT PROGRAM IF THE OFFENSE IS FIRST OFFENSE CRIMINAL DOMESTIC VIOLENCE; TO AMEND SECTION 20-4-40, AS AMENDED, RELATING TO A PETITION FOR AN ORDER OF PROTECTION, SO AS TO PROVIDE IF A PETITION FOR RELIEF IS FILED AND A DIVORCE OR SEPARATE SUPPORT AND MAINTENANCE ACTION IS PENDING OR SUBSEQUENTLY FILED, THE COURT SHALL PROCEED WITH THE PETITION FOR RELIEF INDEPENDENT FROM THE ACTION FOR DIVORCE OR SEPARATE SUPPORT AND MAINTENANCE; TO AMEND SECTION 22-5-530, AS AMENDED, RELATING TO DEPOSITS IN LIEU OF RECOGNIZANCE, SO AS TO PROVIDE FOR AN INDIVIDUALIZED HEARING AND NOTICE TO THE VICTIM WHEN A PERSON IS CHARGED WITH A CRIMINAL DOMESTIC VIOLENCE OFFENSE; TO AMEND SECTION 22-5-910, AS AMENDED, RELATING TO EXPUNGEMENT OF CRIMINAL RECORDS, SO AS TO PROVIDE THAT A FIRST OFFENSE CRIMINAL DOMESTIC VIOLENCE OFFENSE MAY BE EXPUNGED AFTER FIVE YEARS RATHER THAN THREE YEARS FROM THE DATE OF CONVICTION; AND TO AMEND SECTION 56-7-15, AS AMENDED, RELATING TO THE USE OF THE UNIFORM TRAFFIC TICKET, SO AS TO PROVIDE THAT AN OFFICER SHALL IMMEDIATELY COMPLETE AND FILE AN INCIDENT REPORT AFTER ARRESTING A PERSON FOR A CRIMINAL DOMESTIC VIOLENCE OFFENSE.
Rep. FRYE proposed the following Amendment No. 6 (Doc Name COUNCIL\GGS\22131HTC05), which was tabled:
Amend the bill, as and if amended, in Section 16-25-20, as contained in Section 4, page 5, by adding a new subsection, appropriately lettered, after line 33, to read:
/ ( ) Notwithstanding any other provision of law, a person must submit to either one or a combination of chemical tests of the person's blood or urine for the purpose of determining the presence of alcohol or drugs, or a combination of alcohol and drugs, if there is probable cause to believe that the person violated or is under arrest for a violation of this section. In addition, such testing is required of the victim of the alleged violation.
The tests must be administered at the direction of a law enforcement officer who has probable cause to believe that the person violated or is under arrest for a violation of this section or is a victim of an alleged violation of this section. The administration of one test does not preclude the administration of other tests. The resistance, obstruction, or opposition to testing pursuant to this section is evidence admissible at the trial of the offense established by this section. A person who is tested or gives samples for testing may have a qualified person of the person's choice conduct additional tests at the person's expense and must be notified of that right. A person's request or failure to request additional blood or urine tests is not admissible against the person in the trial.
A hospital, physician, qualified technician, chemist, or registered nurse who obtains the samples or conducts the test or participates in the process of obtaining the samples or conducting the test in accordance with this section is not subject to a cause of action for assault, battery, or another cause alleging that drawing blood or taking samples at the request of the arrested person, victim, or a law enforcement officer, was wrongful. This release from liability does not reduce the standard of medical care required of the person obtaining the samples or conducting the test. This qualified release also applies to the employer of the person who conducts the test or obtains the samples.
The person tested or giving samples for testing may have a qualified person of the person's own choosing conduct additional tests at the person's expense and must be notified in writing of that right. A person's request or failure to request additional blood or urine tests is not admissible against the person in the trial. The failure or inability of the person tested to obtain additional tests does not preclude the admission of evidence relating to the tests or samples obtained at the direction of the law enforcement officer.
The arresting officer must provide affirmative assistance to the person to contact a qualified person to conduct and obtain additional tests. Affirmative assistance, at a minimum, includes providing transportation for the person to the nearest medical facility that provides testing to determine alcohol or drug concentrations, or both. If the medical facility obtains the blood samples but refuses or fails to test the samples to determine the person's alcohol or drug concentrations, or both, SLED must test the samples and provide the result to the person and to the arresting officer. Failure to provide affirmative assistance upon request to obtain additional tests bars the admissibility of the breath test result in any judicial or administrative proceeding.
SLED shall administer the provisions of this subsection and shall make regulations necessary to carry out its provisions. The costs of the tests administered at the direction of the law enforcement officer must be paid from the general fund of the State.
A qualified person who obtains samples or administers the tests or assists in obtaining samples or the administration of tests at the direction of a law enforcement officer is released from civil and criminal liability unless the obtaining of samples or tests is performed in a negligent, reckless, or fraudulent manner. No person may be required by the arresting officer, or by another law enforcement officer, to obtain or take any sample of blood or urine.
The provisions of this subsection relating to the administration of the required tests, additional tests at the person's expense, the availability of other evidence on the question of whether or not the person was under the influence of alcohol or drugs, or a combination of alcohol or drugs, availability of test information to the person or his attorney, and the liability of medical institutions and persons administering the tests are applicable to this section and also extend to the officer requesting the test, the State or its political subdivisions, or governmental agency, or entity which employs the officer making the request, and the agency, institution, or employer, either governmental or private, of persons administering the tests. Notwithstanding any other provision of state law pertaining to confidentiality of hospital records or other medical records, information regarding tests performed pursuant to this section must be released, upon subpoena, to a court, prosecuting attorney, defense attorney, or law enforcement officer in connection with an alleged violation of this section. /
Renumber sections to conform.
Amend title to conform.
Rep. FRYE moved to table the amendment, which was agreed to.
Rep. M. A. PITTS proposed the following Amendment No. 7 (Doc Name COUNCIL\PT\2592SJ05), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. Article 1, Chapter 25, Title 16 of the 1976 Code is amended by adding:
"Section 16-25-110. (A)The Department of Social Services through it's currently funded existing shelter network shall provide to all law enforcement agencies all domestic violence resources available to the victim.
(B) All law enforcement agencies shall provide to all victims of criminal domestic violence pursuant to the provisions of this article the domestic violence resources provided to them pursuant to subsection (A)./
Renumber sections to conform.
Amend title to conform.
Rep. M. A. PITTS explained the amendment.
The amendment was then adopted.
The SPEAKER granted Rep. RHOAD a leave of absence for the remainder of the day.
Rep. RUTHERFORD proposed the following Amendment No. 8 (Doc Name COUNCIL\NBD\11767AC05):
Amend the bill, as and if amended, Section 22-5-910(A)(3) page 8, line 32 after /conviction/ by adding :
/or which may be expunged one year after a defendant pleads guilty, successfully completes a batterer's treatment program approved by the Department of Social Services, and has no convictions for an offense contained in Chapter 25 of Title 16 during that one-year period./
Amend the bill further, Section 22-5-910(B) page 8, line 34 after /period/ by inserting /or the one-year period/
Renumber sections to conform.
Amend title to conform.
Rep. RUTHERFORD explained the amendment.
Rep. RUTHERFORD moved to adjourn debate on the Bill until Tuesday, May 3, which was agreed to.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 3997 (Word version) -- Reps. McLeod and Duncan: A BILL TO AMEND SECTION 7-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN NEWBERRY COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS OF NEWBERRY COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
H. 4003 (Word version) -- Reps. Clemmons, Barfield, Edge and Witherspoon: A BILL TO AMEND SECTION 41-18-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF TERMS IN THE "SOUTH CAROLINA AMUSEMENT RIDES SAFETY CODE", SO AS TO DEFINE "CATAPULTING AMUSEMENT RIDE"; TO ADD SECTION 41-18-160 SO AS TO ESTABLISH CRITERIA FOR OBTAINING A PERMIT FROM THE DEPARTMENT OF LABOR, LICENSING AND REGULATION FOR THE OPERATION OF A CATAPULTING AMUSEMENT RIDE; TO AMEND 52-19-20, AS AMENDED, RELATING TO THE DEFINITION OF "BUNGEE JUMPING", SO AS TO DELETE REFERENCES TO THE CORD USED IN BUNGEE JUMPING BEING MADE OF WIRE ROPE, CABLE, OR SPRINGS OR OTHER DEVICE SIMILAR IN DESIGN OR USE; AND TO AMEND SECTION 52-19-50, AS AMENDED, RELATING TO DEFINITION OF TERMS USED IN CONNECTION WITH PERMITTING AND REGULATING BUNGEE JUMPING, SO AS TO REVISE THE DEFINITION OF "BUNGEE CATAPULTING", SO AS TO CONFORM THIS DEFINITION TO THE DEFINITION OF "BUNGEE CATAPULTING" AS PROVIDED FOR IN SECTION 41-18-10.
Rep. CLEMMONS explained the Bill.
Due to a potential conflict of interest, I abstained from voting on H. 4003.
Rep. Doug Smith
On motion of Rep. MCLEOD, with unanimous consent, it was ordered that H. 3997 (Word version) be read the third time tomorrow.
On motion of Rep. CLEMMONS, with unanimous consent, it was ordered that H. 4003 (Word version) be read the third time tomorrow.
The following Bill was taken up:
H. 3328 (Word version) -- Reps. Brady, Ceips, Cobb-Hunter, Funderburk, Haley, Haskins, Hinson, Lee, Martin, Miller, Moody-Lawrence, Neilson, Parks, Young and Clark: A BILL TO AMEND SECTION 23-3-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPERATION OF THE SEX OFFENDER REGISTRY BY THE STATE LAW ENFORCEMENT DIVISION (SLED), SO AS TO PROVIDE THAT SLED SHALL INCLUDE AND CROSS-REFERENCE ALIAS NAMES IN THE REGISTRY; TO AMEND SECTION 23-3-430, AS AMENDED, RELATING TO PERSONS WHO MUST BE REFERRED TO AS SEX OFFENDERS, SO AS TO PROVIDE THAT A SEX OFFENDER WHOSE NAME IS CONTAINED ON THE SEX OFFENDER REGISTRY, AND WHO HAS BEEN GRANTED A PARDON, MUST REMAIN ON THE REGISTRY AND MUST REGISTER ANNUALLY; TO AMEND SECTION 23-3-440, AS AMENDED, RELATING TO THE NOTIFICATION A SHERIFF MUST RECEIVE FROM CERTAIN CORRECTIONAL AGENCIES REGARDING THE RELEASE OF A SEX OFFENDER, SO AS TO PROVIDE THAT AN OFFENDER'S PHOTOGRAPH MUST BE PROVIDED TO SLED BEFORE HE IS RELEASED; TO AMEND SECTION 23-3-450, AS AMENDED, RELATING TO REQUIRING A SEX OFFENDER TO REGISTER WITH THE SHERIFF OF THE COUNTY IN WHICH HE RESIDES, SO AS TO PROVIDE THAT THE OFFENDER ALSO MUST REGISTER WITH THE SHERIFF OF THE COUNTY WHERE HE OWNS REAL PROPERTY; AND TO AMEND SECTION 23-3-460, AS AMENDED, RELATING TO REQUIRING A SEX OFFENDER TO REGISTER ANNUALLY FOR LIFE, SO AS TO PROVIDE THAT A REGISTERED SEX OFFENDER WHO ACQUIRES REAL PROPERTY WITHIN THIS STATE MUST PROVIDE NOTICE OF THE ADDRESS TO THE SHERIFF IN THE COUNTY WHERE THE REAL PROPERTY IS LOCATED, AND TO PROVIDE THAT A PERSON WHO IS REQUIRED TO REGISTER AS A SEX OFFENDER WHO MOVES TO THIS STATE, ACQUIRES REAL PROPERTY IN THIS STATE, AND IS NOT UNDER THE JURISDICTION OF CERTAIN CORRECTIONAL AGENCIES, MUST REGISTER WITHIN TEN DAYS OF ACQUIRING PROPERTY WITHIN THIS STATE.
Rep. G. M. SMITH proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\6516CM05), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 23-3-410 of the 1976 Code, as last amended by Act 384 of 1998, is further amended to read:
"Section 23-3-410. (A) The registry is under the direction of the chief of the State Law Enforcement Division (SLED) and shall contain information the chief considers necessary to assist law enforcement in the location of persons convicted of certain offenses. SLED shall develop and operate the registry to: collect, analyze, and maintain information; to make information available to every enforcement agency in this State and in other states; and to establish a security system to ensure that only authorized persons may gain access to information gathered under this article.
(B) SLED shall include and cross-reference alias names in the registry."
SECTION 2. Section 23-3-430 of the 1976 Code, as last amended by Act 208 of 2004, is further amended to read:
"Section 23-3-430. (A) Any person, regardless of age, residing in the State of South Carolina who in this State has been convicted of, adjudicated delinquent for, pled guilty or nolo contendere to an offense described below, or who has been convicted, adjudicated delinquent, pled guilty or nolo contendere, or found not guilty by reason of insanity in any comparable court in the United States, or a foreign country, or who has been convicted, adjudicated delinquent, pled guilty or nolo contendere, or found not guilty by reason of insanity in the United States federal courts of a similar offense, or who has been convicted of, adjudicated delinquent for, pled guilty or nolo contendere, or found not guilty by reason of insanity to an offense for which the person was required to register in the state where the conviction or plea occurred, shall be required to register pursuant to the provisions of this article.
(B) For purposes of this article, a person who remains in this State for a total of thirty days during a twelve-month period is a resident of this State.
(C) For purposes of this article, a person who has been convicted of, pled guilty or nolo contendere to, or been adjudicated delinquent for any of the following offenses shall be referred to as an offender:
(1) criminal sexual conduct in the first degree (Section 16-3-652);
(2) criminal sexual conduct in the second degree (Section 16-3-653);
(3) criminal sexual conduct in the third degree (Section 16-3-654);
(4) criminal sexual conduct with minors, first degree (Section 16-3-655(1));
(5) criminal sexual conduct with minors, second degree. If evidence is presented at the criminal proceeding and the court makes a specific finding on the record that the conviction obtained for this offense resulted from consensual sexual conduct, as contained in Section 16-3-655(3) provided the offender is eighteen years of age or less, or consensual sexual conduct between persons under sixteen years of age, the convicted person is not an offender and is not required to register pursuant to the provisions of this article;
(6) engaging a child for sexual performance (Section 16-3-810);
(7) producing, directing, or promoting sexual performance by a child (Section 16-3-820);
(8) criminal sexual conduct: assaults with intent to commit (Section 16-3-656);
(9) incest (Section 16-15-20);
(10) buggery (Section 16-15-120);
(11) committing or attempting lewd act upon child under sixteen (Section 16-15-140);
(12) peeping, voyeurism, or aggravated voyeurism (Section 16-17-470);
(13) violations of Article 3, Chapter 15 of Title 16 involving a minor;
(14) a person, regardless of age, who has been convicted, adjudicated delinquent, pled guilty or nolo contendere in this State, or who has been convicted, adjudicated delinquent, pled guilty or nolo contendere in a comparable court in the United States, or who has been convicted, adjudicated delinquent, pled guilty or nolo contendere in the United States federal courts of indecent exposure or of a similar offense in other jurisdictions is required to register pursuant to the provisions of this article if the court makes a specific finding on the record that based on the circumstances of the case the convicted person should register as a sex offender;
(15) kidnapping (Section 16-3-910) of a person eighteen years of age or older except when the court makes a finding on the record that the offense did not include a criminal sexual offense or an attempted criminal sexual offense;
(16) kidnapping (Section 16-3-910) of a person under eighteen years of age except when the offense is committed by a parent;
(17) criminal sexual conduct when the victim is a spouse (Section 16-3-658);
(18) sexual battery of a spouse (Section 16-3-615);
(19) sexual intercourse with a patient or trainee (Section 44-23-1150).
(20) criminal solicitation of a minor if the purpose or intent of the solicitation or attempted solicitation was to:
(a) persuade, induce, entice, or coerce the person solicited to engage or participate in sexual activity as defined in Section 16-15-375(5); or
(b) perform a sexual activity in the presence of the person solicited (Section 16-15-342).; or
(21) administer, distribute, dispense, deliver, or aid, abet, attempt, or conspire to administer, distribute, dispense, or deliver a controlled substance or gamma hydroxy butyrate or derivatives thereof to an individual with the intent to commit crimes as defined in Section 44-53-370(f).
(D) Upon conviction, adjudication of delinquency, guilty plea, or plea of nolo contendere of a person of an offense not listed in this article, the presiding judge may order as a condition of sentencing that the person be included in the sex offender registry if good cause is shown by the solicitor.
(E) SLED shall remove a person's name and any other information concerning that person from the sex offender registry immediately upon notification by the Attorney General that the person's adjudication, conviction, guilty plea, or plea of nolo contendere for an offense listed in Section 23-3-430(C) was reversed, overturned, or vacated on appeal and a final judgment has been rendered. However, an offender whose name is on the registry, and who has been granted a pardon, must remain on the registry and must register annually as required by Section 23-3-460."
SECTION 3. Section 23-3-440 of the 1976 Code, as last amended by Act 384 of 1998, is further amended to read:
"Section 23-3-440. (1) Prior to Before an offender's release from the Department of Corrections after completion of the term of imprisonment, from the Department of Juvenile Justice after completion of the term of confinement, or being placed on parole, the Department of Corrections or the Department of Probation, Parole, and Pardon Services, as applicable, SLED, based upon information provided by the Department of Corrections, the Department of Juvenile Justice, the Juvenile Parole Board, or the Department of Probation, Parole and Pardon Services, shall notify the sheriff of the county where the offender intends to reside and SLED that the offender is being released and has provided an address within the jurisdiction of the sheriff for that county. The Department of Corrections, the Department of Juvenile Justice, the Juvenile Parole Board, and the Department of Probation, Parole and Pardon Services shall provide verbal and written notification to the offender that he must register with the sheriff of the county in which he intends to reside within twenty-four hours one business day of his release. Further, the Department of Corrections, the Department of Juvenile Justice, and the Juvenile Parole Board shall obtain descriptive information of the offender, including a current photograph prior to release. The offender's photograph must be provided to SLED before he is released.
(2) The Based upon information provided by the Department of Probation, Parole, and Pardon Services, shall notify SLED shall notify and the sheriff of the county where an offender is residing when the offender is sentenced to probation or is a new resident of the State who must be supervised by the department. The Department of Probation, Parole, and Pardon Services also shall provide verbal and written notification to the offender that he must register with the sheriff of the county in which he intends to reside. An offender who is sentenced to probation must register within ten days one business day of sentencing. Further, the Department of Probation, Parole, and Pardon Services shall obtain descriptive information of the offender, including a current photograph that is to be updated annually prior to expiration of the probation sentence.
(3) The Based upon information provided by the Department of Juvenile Justice, shall notify or the Juvenile Parole Board SLED shall notify and the sheriff of the county where an offender is residing when the offender is released from a Department of Juvenile Justice facility or the Juvenile Parole Board, or when the Department of Juvenile Justice or the Juvenile Parole Board is required to supervise the actions of the juvenile. The Department of Juvenile Justice or the Juvenile Parole Board must provide verbal and written notification to the juvenile and his parent, legal guardian, or custodian that the juvenile must register with the sheriff of the county in which the juvenile resides. The juvenile must register within twenty-four hours one business day of his release or within ten days if he was not confined to a Department of Juvenile Justice's facility. The parents or legal guardian of a person under seventeen years of age who is required to register under this chapter must ensure that the person has registered.
(4) The Department of Corrections, the Department of Probation, Parole and Pardon Services, and the Department of Juvenile Justice shall provide to SLED the initial registry information regarding the offender prior to his release from imprisonment or relief of supervision. This information shall be collected in the event the offender fails to register with his county sheriff."
SECTION 4. Section 23-3-450 of the 1976 Code, as last amended by Act 384 of 1998, is further amended to read:
"Section 23-3-450. The offender shall register with the sheriff of the county counties in which he resides, attends any public or private school, including, but not limited to, a secondary school, technical college, or higher education institution, owns real property, or all of the above. To register, the offender must provide information as prescribed by SLED. The sheriff in the county in which the offender resides, attends any public or private school, including, but not limited to a secondary school, technical college, or higher education institution, owns real property, or all of the above shall forward all required registration information to SLED within five business days. A copy of this information must be kept by the sheriff's department. The county sheriff shall ensure that all information required by SLED is secured and shall establish specific times of the day during which an offender may register. An offender shall not be considered to have registered until all information prescribed by SLED has been provided to the sheriff."
SECTION 5. Section 23-3-460 of the 1976 Code, as last amended by Act 310 of 2002, is further amended to read:
"Section 23-3-460. Any A person required to register under this article shall be is required to register annually for life. For purposes of this article, 'annually' means each year within thirty days after the anniversary date of the offender's last registration. The offender shall register at the sheriff's department in the county where he resides, attends any public or private school, including, but not limited to, a secondary school, technical college, or higher education institution, owns real property, or all of the above. A person determined by a court to be a sexually violent predator pursuant to state law is required to verify registration and be photographed every ninety days by the sheriff's department in the county in which he resides unless the person is committed to the custody of the State, whereby verification shall be held in abeyance until his release.
If any a person required to register under this article changes his address within the same county, that person must send written notice of the change of address to the county sheriff within ten days of establishing the new residence. If a person required to register under this article acquires real property within a county in this State, attends any public or private school, including, but not limited to a secondary school, technical college, or higher education institution, owns real property, or all of the above, he must register with the sheriff in the county where the real property or the public or private school, including but not limited to, a secondary school, technical college, or higher education institution is located within ten days of acquiring the real property or attending the public or private school including, but not limited to, secondary school, technical college, or higher education institution.
If any a person required to register under this article changes his address into another county in South Carolina, the person must register with the county sheriff in the new county within ten days of establishing the new residence. The person must also provide written notice within ten days of the change of address in the previous county to the county sheriff with whom the person last registered.
Any A person required to register under this article and who is employed by, attends, is enrolled at, or carries on a vocation at an any public or private pre-school, including, but not limited to, secondary school, school, technical college or institution of higher education must provide written notice within ten days of each change in enrollment, employment, or vocation status at an any public or private pre-school, including, but not limited to, secondary school, school, technical college or institution of higher education in this State. For purposes of this section: 'employed and carries on a vocation' means employment that is full-time or part-time for a period of time exceeding fourteen days or for an aggregate period of time exceeding thirty days during any calendar year, whether financially compensated, volunteered, or for the purpose of government or educational benefit; and 'student' means a person who is enrolled on a full-time or part-time basis, in any public or private educational institution, including, but not limited to, any school, secondary school, trade, professional institution, or institution of higher education.
If any a person required to register under this article moves outside of South Carolina, the person must provide written notice within ten days of the change of address to a new state to the county sheriff with whom the person last registered.
Any A person required to register under this article who moves to South Carolina from another state, establishes residence, acquires real property, attends or is enrolled at, or is employed by or carries on a vocation at any public or private school including, but not limited to, preschool, secondary school, school, or higher education institution in South Carolina, and is not under the jurisdiction of the Department of Corrections, the Department of Probation, Parole and Pardon Services, or the Department of Juvenile Justice, or the Juvenile Parole Board at the time of moving to South Carolina must register within ten days of establishing residence, acquiring real property, or attending, being employed by, or carrying on a vocation at any public or private school including, but not limited to, pre-school, secondary school, school, or higher education institution in this State.
The sheriff of the county in which the person resides must forward all changes to any information provided by a person required to register under this article to SLED within five business days.
The South Carolina Department of Motor Vehicles, shall inform, in writing, any new resident who applies for a driver's license, chauffeur's license, vehicle tag, or state identification card of the obligation of sex offenders to register. The department also shall inform, in writing, a person renewing a driver's license, chauffeur's license, vehicle tag, or state identification card of the requirement for sex offenders to register."
SECTION 6. Section 23-3-470 of the 1976 Code, as last amended by Act 384 of 1998, is further amended to read:
"Section 23-3-470. (A) It is the duty of the offender to contact the sheriff in order to register. If an offender fails to register as required by this article, he must be punished as provided in subsection (B).
(B)(1) If a previously registered offender fails to notify the sheriff upon moving within the same county or to another county as required by Section 23-3-160, then the offender will not be considered registered and shall be prosecutable as provided in subsection (B).
(2) A person convicted for a first offense is guilty of a misdemeanor and must be imprisoned for a mandatory period of ninety days, no part of which shall be suspended nor probation granted.
(2) (3) A person convicted for a second offense is guilty of a misdemeanor and must be imprisoned for a mandatory period of one year, no part of which shall be suspended nor probation granted.
(3)(4) A person convicted for a third or subsequent offense is guilty of a felony and must be imprisoned for a mandatory period of five years, three years of which shall not be suspended nor probation granted."
SECTION 7. Article 7, Chapter 3, Title 23 of the 1976 Code is amended by adding:
"Section 23-3-525. (A) If, in connection with the sale, exchange, purchase or rental of real property, a real estate licensee receives a request from a person to whom the licensee is providing brokerage services in connection with the sale, exchange, purchase or rental for information related to whether a particular person is required to register as a sex offender under this chapter or any other information about the sex offender registry under this chapter, the licensee has a duty to disclose such information, if the licensee has actual knowledge of the information.
(B) Notwithstanding subsection (A) above, the broker or affiliated salesperson is immune from liability for any act or omission related to the disclosure of information under subsection (A) above if the broker or salesperson in a timely manner provides to the person requesting the information written notice that the person may obtain information about the sex offender registry and persons registered with the registry by contacting the county sheriff. The notice may be included as part of a listing agreement, buyer representation agreement, or sales agreement."
SECTION 8. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 9. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 10. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. G. M. SMITH 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. BRADY, with unanimous consent, it was ordered that H. 3328 (Word version) be read the third time tomorrow.
The following Bill was taken up:
H. 3227 (Word version) -- Reps. Littlejohn, Mahaffey, Clark, Townsend, Miller, Anthony, Pinson, Umphlett, J. Brown, Bailey, Bowers and Whipper: A BILL TO AMEND CHAPTER 10 OF TITLE 4, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO PROVIDE, SUBJECT TO A COUNTYWIDE REFERENDUM, FOR THE IMPOSITION OF A SPECIAL ONE PERCENT SALES AND USE TAX WITHIN A COUNTY FOR NOT MORE THAN SEVEN YEARS WITH THE REVENUE OF THE TAX USED TO DEFRAY GENERAL OBLIGATION DEBT SERVICE OR OTHERWISE DEFRAY THE COSTS OF CAPITAL IMPROVEMENTS OF THE SCHOOL DISTRICTS WITHIN SUCH COUNTY, TO PROVIDE THAT THE TAX MAY BE IMPOSED ONLY AFTER ITS APPROVAL IN A REFERENDUM HELD IN THE COUNTY, TO PROVIDE FOR THE REFERENDUM, AND TO PROVIDE THAT, IF IMPOSED, THE TAX MUST BE COLLECTED BY THE SOUTH CAROLINA DEPARTMENT OF REVENUE AND REMITTED TO THE SOUTH CAROLINA TREASURER FOR SCHOOL DISTRICTS OF THE COUNTY IN WHICH THE TAX IS IMPOSED, TO PROVIDE THAT THE TAX IS IMPOSED AND IS SUBJECT TO THE SAME EXEMPTIONS AND MAXIMUM TAXES AS PROVIDED IN THE SOUTH CAROLINA SALES TAX ACT EXCEPT FOR AN ADDITIONAL EXEMPTION FOR FOOD ITEMS WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, AND TO PROVIDE FOR THE METHOD OF APPLYING THE REVENUES OF THE TAX TO SCHOOL DISTRICT GENERAL OBLIGATION DEBT SERVICE.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\22110HTC05), which was adopted:
Amend the bill, as and if amended, in Article 7, Chapter 10 of Title 4, as contained in SECTION 1, page 2, by inserting after Section 4-10-730:
/ Section 4-10-733. If a school district receiving proceeds of the tax authorized by this article has no outstanding general obligation debt incurred for capital improvements or immediate needs for capital improvements, the proceeds of the tax must be maintained in a separate reserve fund in the county treasury maintained by the district until such time as the proceeds are used for the purposes authorized pursuant to this article. The revenue in this fund and the earnings on it may not be used or pledged for any purpose not authorized pursuant to this article.
Section 4-10-736. (A) Notwithstanding any other provision of this article, a school district which is acquiring new schools or renovating existing schools, or both, by means of what is commonly called a BEST corporation plan is ineligible to receive any revenue of the sales and use tax authorized by this article and the question provided in Section 4-10-740(d) must reflect this ineligibility.
(B) A school district receiving revenues of the tax authorized by this article may not acquire new schools or renovate existing schools, or both, by means of what is commonly called a BEST corporation plan./
Renumber sections to conform.
Amend title to conform.
Rep. LITTLEJOHN explained the amendment.
The amendment was then adopted.
Rep. KIRSH proposed the following Amendment No. 2 (Doc Name COUNCIL\DKA\3389HTC05), which was adopted:
Amend the bill, as and if amended, Section 4-10-730, as contained in SECTION 1, page 2, by adding after line 37 a new paragraph to read:
/ The tax authorized by this article must not be imposed within a county that is already subject to a sales tax authorized by Title 4 or within a school district that is already subject to a sales tax authorized by a local act of the General Assembly. /
Renumber sections to conform.
Amend title to conform.
Rep. KIRSH explained the amendment.
Rep. LITTLEJOHN spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. KIRSH demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Allen Altman Anderson Anthony Ballentine Bingham Cato Chalk Chellis Clark Clemmons Cobb-Hunter Cooper Dantzler Davenport Duncan Edge Haley Hardwick Harrell Haskins J. Hines Hinson Hosey Huggins Jefferson Jennings Kirsh Limehouse Mack Martin McCraw Merrill Miller Moody-Lawrence J. H. Neal Neilson Norman Ott Perry Phillips E. H. Pitts M. A. Pitts Scott Simrill D. C. Smith G. M. Smith J. R. Smith Stewart Thompson Tripp Umphlett Vick Viers Walker Weeks White Wilkins Witherspoon Young
Those who voted in the negative are:
Bowers Brady Breeland J. Brown Coates Cotty Emory Hagood Hiott Leach Littlejohn Loftis Lucas Mahaffey McGee MCLEOD Owens Parks Pinson Rice Skelton Taylor Vaughn Whipper Whitmire
So, the amendment was adopted.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of amendments.
Rep. VAUGHN moved that upon the completion of the Ratification of Acts, the House stand adjourned, which was agreed to.
At 12:30 p.m. the House attended in the Senate Chamber, where the following Acts and Joint Resolution were duly ratified:
(R45, S. 320 (Word version)) -- Senator Leatherman: AN ACT TO AMEND ACT 518 OF 1980, AS AMENDED, RELATING TO THE UNIVERSITY OF SOUTH CAROLINA ATHLETIC FACILITIES REVENUE BONDS, SO AS TO RAISE THE OUTSTANDING DEBT LIMIT FOR THESE BONDS FROM FORTY MILLION TO SIXTY MILLION DOLLARS.
(R46, S. 406 (Word version)) -- Senator Ryberg: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-2005, SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES SHALL ADMINISTER THE SOUTH CAROLINA COMMERCIAL DRIVER'S LICENSE PROGRAM IN ACCORDANCE WITH THE FEDERAL MOTOR CARRIER SAFETY REGULATIONS; BY ADDING SECTION 56-1-2111, SO AS TO PROVIDE CIRCUMSTANCES WHEN THE DEPARTMENT OF MOTOR VEHICLES SHALL NOT ISSUE A COMMERCIAL DRIVER'S LICENSE, OR A COMMERCIAL SPECIAL LICENSE OR PERMIT; BY ADDING SECTION 56-1-2112, SO AS TO PROVIDE THAT A DRIVER WHO IS CONVICTED OF OPERATING A COMMERCIAL VEHICLE IN VIOLATION OF CERTAIN RAILROAD-HIGHWAY GRADE CROSSING PROVISIONS IS DISQUALIFIED FROM OPERATING A COMMERCIAL MOTOR VEHICLE FOR A CERTAIN PERIOD OF TIME; TO AMEND SECTION 56-1-2030, RELATING TO DEFINITIONS OF TERMS CONTAINED IN THE SOUTH CAROLINA COMMERCIAL DRIVER'S LICENSE ACT, SO AS TO REVISE THE DEFINITIONS OF THE TERMS "CONVICTION", "SERIOUS TRAFFIC VIOLATION", AND "TANK VEHICLE", AND TO PROVIDE DEFINITIONS FOR THE TERMS "SCHOOL BUS", AND "TRAFFIC VIOLATION"; TO AMEND SECTION 56-1-2060, AS AMENDED, RELATING TO CERTAIN RESPONSIBILITIES PLACED ON AN EMPLOYER WHO EMPLOYS A PERSON TO DRIVE A COMMERCIAL MOTOR VEHICLE, SO AS TO INCREASE THE PENALTY THAT MAY BE ASSESSED AGAINST AN EMPLOYER WHO KNOWINGLY ALLOWS, PERMITS, OR AUTHORIZES A PERSON TO DRIVE A COMMERCIAL MOTOR VEHICLE DURING A PERIOD IN WHICH THE VEHICLE OR PERSON IS SUBJECT TO AN OUT-OF-SERVICE ORDER, TO PROVIDE THAT AN EMPLOYER MAY NOT KNOWINGLY ALLOW, PERMIT, OR AUTHORIZE A PERSON TO DRIVE A COMMERCIAL MOTOR VEHICLE DURING A PERIOD WHEN THE EMPLOYER IS IN VIOLATION OF A PROVISION PERTAINING TO RAILROAD-HIGHWAY GRADE CROSSINGS, AND TO PROVIDE A CIVIL PENALTY TO BE ASSESSED AGAINST AN EMPLOYER WHO VIOLATES CERTAIN FEDERAL REGULATIONS; TO AMEND SECTION 56-1-2080, AS AMENDED, RELATING TO THE ISSUANCE OF COMMERCIAL DRIVER'S LICENSES, SO AS TO MAKE TECHNICAL CHANGES, TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY AUTHORIZE PRIVATE INSTITUTIONS TO ADMINISTER THE SKILLS PORTION OF THE COMMERCIAL DRIVER'S LICENSE TEST, TO PROVIDE THAT THE FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION MAY RANDOMLY TEST COMMERCIAL DRIVER'S LICENSE APPLICANTS OR HOLDERS, AND PROVIDE THAT A COMMERCIAL DRIVER'S LICENSE APPLICANT OR HOLDER WHO FAILS RETESTING SHALL LOSE HIS COMMERCIAL DRIVER'S LICENSE; TO AMEND SECTION 56-1-2100, AS AMENDED, RELATING TO CONTENTS OF A COMMERCIAL DRIVER'S LICENSE, THE PRIVILEGES AFFORDED TO THE HOLDER OF A COMMERCIAL DRIVER'S LICENSE WITH THE VARIOUS CLASSIFICATIONS, ENDORSEMENTS, AND RESTRICTIONS, AND THE ISSUANCE AND RENEWAL OF A COMMERCIAL DRIVER'S LICENSE, SO AS TO PROVIDE THAT THE "S" ENDORSEMENT AUTHORIZES A PERSON TO DRIVE ANY SCHOOL BUS; TO AMEND SECTION 56-1-2110, AS AMENDED, RELATING TO MOVING VIOLATIONS THAT DISQUALIFY A PERSON FROM DRIVING A COMMERCIAL MOTOR VEHICLE, SO AS TO PROVIDE THAT THESE VIOLATIONS MAY BE COMMITTED IN EITHER A COMMERCIAL OR NONCOMMERCIAL MOTOR VEHICLE, TO MAKE TECHNICAL CHANGES, TO PROVIDE THAT DRIVING A COMMERCIAL MOTOR VEHICLE WHEN A PERSON'S COMMERCIAL DRIVER'S LICENSE IS REVOKED, SUSPENDED, OR CANCELLED DISQUALIFIES THE PERSON FROM DRIVING A COMMERCIAL MOTOR VEHICLE, TO PROVIDE THAT CAUSING A FATALITY THROUGH THE NEGLIGENT OPERATION OF A COMMERCIAL MOTOR VEHICLE DISQUALIFIES A PERSON FROM DRIVING A COMMERCIAL MOTOR VEHICLE, AND TO DEFINE THE TERM "SERIOUS TRAFFIC VIOLATIONS"; AND TO AMEND SECTION 56-5-2735, RELATING TO VEHICLES ENTERING INTO AN INTERSECTION, CROSSWALK, OR RAILROAD CROSSING, SO AS TO PROVIDE THAT A VEHICLE MAY NOT BE DRIVEN OR TOWED THROUGH OR OVER A RAILROAD GRADE CROSSING UNTIL ITS DRIVER HAS DETERMINED THAT THE VEHICLE HAS SUFFICIENT UNDER CARRIAGE CLEARANCE TO NEGOTIATE THE RAILROAD GRADE CROSSING.
(R47, S. 458 (Word version)) -- Senators Thomas and Richardson: AN ACT 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; 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; AND TO REPEAL ARTICLE 5, CHAPTER 77, TITLE 38 EFFECTIVE JANUARY 1, 2010 INSTEAD OF JANUARY 1, 2006.
(R48, S. 483 (Word version)) -- Senators Matthews, Knotts, J. V. Smith, Sheheen, Land, Patterson, Scott, Hutto, Williams, Anderson and Ford: AN ACT 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 AND TO DEFINE CERTAIN TERMS.
(R49, S. 509 (Word version)) -- Senator Elliott: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-7-255 SO AS TO PROVIDE FOR THE REGISTRATION AND REGULATION OF PERSONS WHO PRACTICE HAIR BRAIDING, INCLUDING REQUIRING A REGISTRATION FEE, A SIX HOUR BOARD-APPROVED HAIR BRAIDING COURSE, AND AN EXAMINATION; AND TO AMEND SECTION 40-7-20, RELATING TO DEFINITIONS OF TERMS USED IN CONNECTION WITH THE LICENSURE AND REGULATION OF BARBERS, SO AS TO DEFINE "HAIR BRAIDING".
(R50, S. 655 (Word version)) -- Senators McConnell and Campsen: AN ACT TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CREATION OF THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO PROVIDE THAT THE CHARLESTON COUNTY SCHOOL DISTRICT MAY NOT DENY A CHARTER SCHOOL, CHARTER SCHOOL TEACHER, OR CHARTER SCHOOL STUDENT ANYTHING THAT IS OTHERWISE AVAILABLE TO A PUBLIC SCHOOL, PUBLIC SCHOOL TEACHER, OR PUBLIC SCHOOL STUDENT; TO PROVIDE THAT THE LOCAL SCHOOL DISTRICT OF A CHARTER SCHOOL IN CHARLESTON COUNTY MAY NOT CHARGE RENT TO A CHARTER SCHOOL THAT WAS CONVERTED FROM AN EXISTING PUBLIC SCHOOL; TO PROVIDE THAT A CHARTER SCHOOL IN CHARLESTON COUNTY MAY APPLY FOR GRANTS ON ITS OWN; TO PROVIDE THAT A TEACHER IN A CHARTER SCHOOL IN CHARLESTON COUNTY MAY BE NOMINATED AND CONSIDERED AS A CANDIDATE FOR TEACHER OF THE YEAR; AND TO PROVIDE THAT A STUDENT AT A CHARTER SCHOOL IN CHARLESTON COUNTY MAY RECEIVE A LAURA BROWN FUND GRANT.
(R51, H. 3133 (Word version)) -- Reps. Delleney, Harrison, Altman, Simrill, Taylor, Vaughn, Davenport, Sandifer, Barfield, Owens, E.H. Pitts, Rice, Clark, Walker, Toole, Viers, M.A. Pitts, Vick, Littlejohn, Coates, Wilkins and Mahaffey: A JOINT RESOLUTION TO PROPOSE AN AMENDMENT TO ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO MISCELLANEOUS MATTERS, BY ADDING SECTION 15, SO AS TO PROVIDE THAT MARRIAGE BETWEEN ONE MAN AND ONE WOMAN IS THE ONLY LAWFUL DOMESTIC UNION THAT IS VALID OR RECOGNIZED IN THIS STATE AND TO PROVIDE THAT THE STATE OR ITS POLITICAL SUBDIVISIONS MAY NOT CREATE ANY OTHER DOMESTIC UNION AND MAY NOT RECOGNIZE A DOMESTIC UNION CREATED BY ANOTHER JURISDICTION.
(R52, H. 3257 (Word version)) -- Rep. Kirsh: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 30-15-15 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.
(R53, H. 3299 (Word version)) -- Rep. Ceips: AN ACT TO AMEND CHAPTER 23, TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 SO AS TO ESTABLISH THE "OLD SHELDON CHURCH ROAD SCENIC BYWAY".
(R54, H. 3392 (Word version)) -- Reps. Toole, Clyburn, Jefferson, Limehouse, Vaughn, Pinson and Vick: AN ACT 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.
(R55, H. 3413 (Word version)) -- Rep. Talley: AN ACT 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.
(R56, H. 3682 (Word version)) -- Labor, Commerce and Industry Committee: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-35-125 SO AS TO ALLOW BENEFITS FOR INDIVIDUALS UNEMPLOYED AS A DIRECT RESULT OF DOMESTIC ABUSE, TO AMEND SECTION 41-31-125, RELATING TO THE ASSIGNMENT OF THE EMPLOYMENT BENEFIT RECORD OF AN EMPLOYMENT UNIT IN A BUSINESS ACQUISITION OR REORGANIZATION WITH CONTINUITY OF CONTROL FOR PURPOSES OF THE SOUTH CAROLINA EMPLOYMENT SECURITY LAW, SO AS TO REQUIRE A VIOLATION TO BE KNOWING RATHER THAN WILFUL AND TO DEFINE "KNOWINGLY" AND "KNOWING" AND TO REQUIRE THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO ESTABLISH PROCEDURES TO IDENTIFY THE TRANSFER OF A BUSINESS, TO AMEND SECTION 41-35-120, RELATING TO DISQUALIFICATION FOR BENEFITS OF AN INSURED WORKER UNDER THE EMPLOYMENT SECURITY LAW, SO AS TO PROVIDE THE WORKER IS INELIGIBLE FOR BENEFITS IF HE REFUSES TO TAKE A DRUG TEST OR TESTS POSITIVE DURING A DRUG TEST FOR CERTAIN SUBSTANCES, TO PROVIDE THE REQUIREMENTS FOR DRUG TESTING AND TO ALLOW INFORMATION RECEIVED BY AN EMPLOYER IN A DRUG-TESTING PROGRAM TO BE RECEIVED IN EVIDENCE IN A PROCEEDING DETERMINING ELIGIBILITY FOR UNEMPLOYMENT COMPENSATION, AND TO AMEND SECTION 41-35-130, RELATING TO UNEMPLOYMENT PAYMENTS NOT CHARGEABLE TO A FORMER EMPLOYER, SO AS TO PROVIDE THAT BENEFITS PAID IN CONNECTION WITH A DOMESTIC ABUSE-RELATED JOB LOSS MUST NOT BE CHARGED TO THE ACCOUNT OF A CONTRIBUTING EMPLOYER.
(R57, H. 3782 (Word version)) -- Rep. Hayes: AN ACT TO AMEND SECTION 49-29-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN SCENIC RIVER DESIGNATIONS, SO AS TO DESIGNATE A PORTION OF THE LITTLE PEE DEE RIVER AS A SCENIC RIVER.
The Senate returned to the House with concurrence the following:
H. 3975 (Word version) -- Rep. Agnew: A CONCURRENT RESOLUTION TO CONGRATULATE THE BOONESBOROUGH TOWNSHIP HISTORICAL SOCIETY UPON THE COMPLETION OF THE RESTORATION OF THE TEMPLETON-DRAKE LOG CABIN IN DONALDS, SOUTH CAROLINA, AND TO COMMEND THE MEMBERS OF THE SOCIETY FOR THEIR IMPORTANT WORK IN PRESERVING THE HERITAGE OF ABBEVILLE AND ANDERSON COUNTIES.
H. 3995 (Word version) -- Reps. J. E. Smith, 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, 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. 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 CONGRATULATE THE JUNIOR LEAGUE OF COLUMBIA ON CELEBRATING ITS EIGHTIETH ANNIVERSARY ON SEPTEMBER 23, 2004, AND TO RECOGNIZE THE JUNIOR LEAGUE OF COLUMBIA FOR ITS CONTRIBUTIONS TO THE COMMUNITY.
H. 4002 (Word version) -- Reps. G. M. Smith, Coates, Weeks, G. Brown, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, 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, 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. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND EXPRESS GRATITUDE TO C. TALMADGE TOBIAS, JR., FOR HIS EXEMPLARY PUBLIC SERVICE TO SUMTER AND THE STATE, AND TO EXTEND BEST WISHES FOR A LONG AND HAPPY RETIREMENT.
H. 4007 (Word version) -- Rep. Anthony: A CONCURRENT RESOLUTION TO RECOGNIZE THE EPISCOPAL CHURCH OF THE NATIVITY OF UNION ON THE OCCASION OF ITS HISTORIC ONE HUNDRED FIFTIETH ANNIVERSARY AND TO COMMEND THE CHURCH FOR ONE HUNDRED AND FIFTY YEARS OF DEDICATED AND FAITHFUL SERVICE TO THE COMMUNITY.
H. 3722 (Word version) -- Reps. Littlejohn and W. D. Smith: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF CANNONS CAMPGROUND ROAD IN SPARTANBURG COUNTY FROM ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 110 TO DRAYTON AVENUE "LANCE CORPORAL TRAVIS FOX MEMORIAL HIGHWAY", AND TO ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "LANCE CORPORAL TRAVIS FOX MEMORIAL HIGHWAY".
At 1:00 p.m. the House, in accordance with the motion of Rep. VICK, adjourned in memory of Michael Plyler of Pageland, to meet at 10:00 a.m. tomorrow.
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