Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 noon.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr. as follows:
Our thought for today is from Luke 1:38: "Here am I, the servant of the Lord; let it be with me according to your word."
Let us pray. Lord, empower us to respond gladly to Your calling. Give us patience in our relationships. Grant wisdom, courage and integrity as these Representatives wrestle with the agenda and challenges before them. Give them the ability to make the decision which will best serve the people. Bestow Your blessings on 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 Friday, the SPEAKER ordered it confirmed.
Rep. KIRSH moved that when the House adjourns, it adjourn in memory of Asbury Hoke of York, which was agreed to.
On motion of Rep. MCCRAW, with unanimous consent, the following was taken up for immediate consideration:
H. 4057 (Word version) -- Reps. McCraw, Phillips and Littlejohn: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE GAFFNEY HIGH SCHOOL BASKETBALL TEAM, COACH MARK HUFF, AND OTHER SCHOOL OFFICIALS AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF CONGRATULATING AND HONORING THE TEAM ON THEIR 2005 STATE CLASS AAAA BASKETBALL CHAMPIONSHIP.
Be it resolved by the House of Representatives:
That the privilege of the floor of the South Carolina House of Representatives is extended to the Gaffney High School Basketball Team of Spartanburg County, Head Coach Mark Huff, and other school officials at a time to be determined by the Speaker, for the purpose of congratulating and honoring the team for their 2005 State Class AAAA championship.
The Resolution was adopted.
The following was introduced:
H. 4058 (Word version) -- Reps. McCraw, Phillips and Littlejohn: A CONCURRENT RESOLUTION CONGRATULATING THE GAFFNEY HIGH SCHOOL "INDIANS" BASKETBALL TEAM OF SPARTANBURG COUNTY ON THEIR 2005 SOUTH CAROLINA CLASS AAAA STATE TITLE, AND HONORING THE PLAYERS AND COACH MARK HUFF ON THEIR IMPRESSIVE SEASON.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4059 (Word version) -- Rep. Talley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-175 SO AS TO PROVIDE THAT ANY PERSON WHO MAKES A COMPLAINT TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL CONCERNING AN ALLEGED HEALTH CODE VIOLATION BY A RESTAURANT MUST PROVIDE HIS NAME AND CONTACT INFORMATION TO THE DEPARTMENT, AND IF A SUBSEQUENT INSPECTION IS CONDUCTED AND THE HEALTH CODE VIOLATION IS NOT FOUND, THE DEPARTMENT SHALL PROVIDE THE RESTAURANT, UPON REQUEST, WITH THE COMPLAINANT'S NAME AND CONTACT INFORMATION.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 4064 (Word version) -- Rep. McGee: A BILL TO AMEND SECTION 6-29-760, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR ENACTMENT OR AMENDMENT OF A ZONING REGULATION OR MAP, SO AS TO PROVIDE FOR NOTICE OF A PUBLIC HEARING BY CERTIFIED MAIL TO AN AFFECTED LANDOWNER WHOSE PROPERTY IS LOCATED WITHIN A FIVE HUNDRED FOOT RADIUS OF THE PROPERTY SUBJECT TO BEING REZONED AND TO REQUIRE THE COST OF MAILING THE NOTICE AND ADMINISTRATIVE COST BE BORNE BY THE PROPERTY OWNER IF HE IS REQUESTING THE PROPERTY BE REZONED.
Referred to Committee on Judiciary
H. 4065 (Word version) -- Reps. Townsend, Cobb-Hunter and M. A. Pitts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-111-80 SO AS TO AUTHORIZE THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION IN CONSULTATION WITH THE SOUTH CAROLINA STUDENT LOAN CORPORATION TO DEVELOP A LOAN REPAYMENT PROGRAM WHEREBY TALENTED AND QUALIFIED STATE RESIDENTS MAY ATTEND STATE PUBLIC OR PRIVATE COLLEGES AND UNIVERSITIES FOR THE PURPOSE OF PROVIDING INCENTIVES FOR WORKING IN THE FIELD OF LAW ENFORCEMENT IN AREAS OF CRITICAL NEED, AND TO PROVIDE FOR THE PROCEDURES, CONDITIONS, AND REQUIREMENTS OF THE PROGRAM.
Referred to Committee on Ways and Means
The following was introduced:
H. 4060 (Word version) -- Reps. Scott, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE BLUECROSS BLUESHIELD OF SOUTH CAROLINA ON BEING NAMED 2005 CORPORATE CITIZEN OF THE YEAR BY CENTRAL SOUTH CAROLINA HABITAT FOR HUMANITY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4061 (Word version) -- Reps. Vick, Coates and McGee: A HOUSE RESOLUTION TO RECOGNIZE AND CONGRATULATE THE CAROLINAS INDEPENDENT AUTOMOBILE DEALERS ASSOCIATION ON THE OCCASION OF ITS FIFTIETH ANNIVERSARY OF UPHOLDING HIGH STANDARDS IN ETHICS AND FAIR DEALING IN THE INDEPENDENT AUTOMOBILE MARKET AND TO EXTEND BEST WISHES TO THE ASSOCIATION FOR CONTINUED SUCCESS IN THE FUTURE.
The Resolution was adopted.
On motion of Rep. BAILEY, with unanimous consent, the following was taken up for immediate consideration:
H. 4062 (Word version) -- Reps. Bailey, Chellis, Young and Harrell: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE PINEWOOD PREPARATORY SCHOOL PANTHERS OF SUMMERVILLE, COACH MARK ENSLEY, AND ASSISTANT TRAVIS MAYS FOR THE PURPOSE OF RECOGNIZING AND HONORING THE TEAM ON THEIR SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION (SCISA) SPEED AND STRENGTH STATE CHAMPIONSHIP.
Be it resolved by the House of Representatives:
That the privilege of the floor of the South Carolina House of Representatives is extended to the Pinewood Preparatory School Panthers of Summerville, Coach Mark Ensley, and Assistant Travis Mays at a date and time to be determined by the Speaker, for the purpose of congratulating and honoring the team on their South Carolina Independent School Association (SCISA) Speed and Strength State Championship.
The Resolution was adopted.
The following was introduced:
H. 4063 (Word version) -- Reps. Bailey, Chellis, Young and Harrell: A HOUSE RESOLUTION RECOGNIZING THE PINEWOOD PREPARATORY SCHOOL PANTHERS OF SUMMERVILLE AND COACH MARK ENSLEY ON THEIR SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION (SCISA) SPEED AND STRENGTH STATE CHAMPIONSHIP.
The Resolution was adopted.
The roll call of the House of Representatives was taken resulting as follows:
Agnew Allen Altman 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 Haskins Hayes Herbkersman J. Hines Hinson Hiott Hosey Howard Huggins Jefferson Jennings Kennedy Kirsh Leach Limehouse Littlejohn Loftis Mahaffey Martin McCraw McGee McLeod Merrill Miller Moody-Lawrence J. H. Neal J. M. Neal Norman Ott Owens Perry Phillips Pinson E. H. Pitts M. A. Pitts Rhoad Rice Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. Smith F. N. Smith G. M. Smith G. R. Smith J. E. Smith J. R. Smith W. D. Smith Stewart Talley Taylor Thompson Toole Townsend Tripp Umphlett Vaughn Vick Viers Weeks White Whitmire Wilkins Witherspoon Young
I came in after the roll call and was present for the Session on Tuesday, May 10.
David Mack Mack Hines James Lucas Carl Anderson Denny Neilson Brenda Lee Jackson "Seth" Whipper
The SPEAKER granted Rep. WALKER a leave of absence for the week.
The SPEAKER granted Rep. HARVIN a leave of absence for the week due to illness.
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. 4053 (Word version)
Date: ADD:
05/10/05 HARRELL
Bill Number: H. 4053 (Word version)
Date: ADD:
05/10/05 LEACH
Bill Number: H. 4068 (Word version)
Date: ADD:
05/10/05 LIMEHOUSE
On Wednesday, May 4, 2005, I was in attendance in the House Chamber until 2:00 p.m., but because of a funeral that afternoon, I was forced to miss the vote on H. 3652, known as the "Put Parents in Charge" Bill. If I had been present for the vote, I would have voted against the Bill.
Rep. Creighton B. Coleman
The following Bill was taken up:
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.
Rep. TALLEY moved to commit the Bill to the Spartanburg Delegation, which was agreed to.
The following Bill was taken up:
H. 3796 (Word version) -- Reps. Cato, Huggins and Ballentine: A BILL TO AMEND CHAPTER 60, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF REAL ESTATE APPRAISERS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS IN CHAPTER 1, TITLE 40 UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF REAL ESTATE APPRAISERS, INCLUDING AMONG OTHER THINGS, REVISIONS OF THE CLASSROOM OR COURSE HOURS REQUIRED TO QUALIFY FOR THE DESIGNATED LEVELS OF APPRAISAL PERMITS, LICENSURE, AND CERTIFICATION.
Rep. HUGGINS explained the Bill.
Reps. MCGEE, SIMRILL and COATES proposed the following Amendment No. 1 (Doc Name COUNCIL\PT\2637SJ05), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Section 40-60-250 of the 1976 Code, as added by Act 335 of 2000, is amended by adding at the end:
"(C)(1) All registered appraisers who were reclassified as apprentice appraisers pursuant to subsection (B) automatically must be reclassified as certified general appraisers if the individual:
(a) completed one hundred eighty classroom hours (L1, L2, L3, CR, C1, C2, C3);
(b) passed the Certified General Exam;
(c) graduated from an accredited college or university with a four year bachelor degree and provided a copy of the diploma to the board; and
(d) has held a license as a South Carolina real estate broker for ten years prior to the date of reclassification.
(2) A person who does not satisfy the requirements of subsection (C)(1) shall remain apprentice appraisers; however, if there is a conflict between this section and any other provision of law, the provisions of this section control." /
Renumber sections to conform.
Amend title to conform.
Rep. MCGEE explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Joint Resolution was taken up:
S. 427 (Word version) -- Senators Campsen, Leatherman, Cleary, Fair, Malloy, Cromer, McGill, Mescher, Rankin, Ritchie, Lourie, McConnell, Martin, Ryberg, Bryant, Peeler, Grooms, Verdin, Sheheen, Short, Gregory, J. V. Smith, Courson, Elliott, Alexander, Moore, Drummond, Hayes, Scott, Land, Williams, Thomas, Hutto and Matthews: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 9 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT, AFTER THE GENERAL ASSEMBLY CONVENES ON THE SECOND TUESDAY IN JANUARY OF EACH YEAR, THE SENATE AND THE HOUSE OF REPRESENTATIVES MAY RECEDE FOR A TIME PERIOD NOT TO EXCEED THIRTY CALENDAR DAYS, UNLESS EXTENDED BY A TWO-THIRDS VOTE, AND TO PROVIDE THAT EACH BODY MAY BY APPROPRIATE RULE PROVIDE FOR MEETINGS DURING THE LEGISLATIVE SESSION AS IT SHALL CONSIDER EXPEDIENT; AND TO AMEND ARTICLE III BY DELETING SECTION 21, WHICH PROVIDES THAT NEITHER HOUSE, DURING THE SESSION OF THE GENERAL ASSEMBLY, SHALL WITHOUT THE CONSENT OF THE OTHER ADJOURN FOR MORE THAN THREE DAYS, NOR TO ANY OTHER PLACE THAN THAT IN WHICH IT SHALL BE AT THE TIME SITTING.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Article III, Section 9 of the Constitution of this State be amended to read:
"Section 9. The annual session of the General Assembly heretofore elected, fixed by the Constitution of the year Eighteen hundred and Sixty-eight to convene on the fourth Tuesday of November, in the year Eighteen hundred and Ninety-five, is hereby postponed, and the same shall be convened and held in the city of Columbia on the second Tuesday of January, in the year Eighteen hundred and Ninety-six. The first session of the General Assembly elected under this Constitution shall convene in Columbia on the second Tuesday in January, in the year Eighteen hundred and Ninety-seven, and thereafter annually at the same time and place shall convene at the State Capitol Building in the City of Columbia on the second Tuesday of January of each year. After the convening of the General Assembly, nothing in this section shall prohibit the Senate or the House of Representatives, or both, from receding for a time period not to exceed thirty consecutive calendar days at a time by a majority vote of the members of the body of the General Assembly seeking to recede for a time period not to exceed thirty consecutive calendar days, or from receding for a time period of more than thirty consecutive calendar days at a time by a two-thirds vote of the members of the body of the General Assembly seeking to recede for more than thirty consecutive calendar days at a time. Each body shall sit in session at the State Capitol Building in the City of Columbia and may provide for meetings during the legislative session as it shall consider appropriate. Provided, That the Furthermore, the Senate or the House of Representatives, or both, shall may meet on the first Tuesday following the certification of the election of its members for not more than three days following the general election in even-numbered years for the purpose of organizing. Should If the casualties of war or contagious disease render it unsafe to meet at the seat of government, then the Governor may, by proclamation, may appoint a more secure and convenient place of meeting. Members of the General Assembly shall not receive any compensation for more than forty days of any one session. Provided, That this limitation shall not affect the first four sessions of the General Assembly under this Constitution."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:
"Shall Article III, Section 9 of the Constitution of this State be amended so as to provide that the annual session of the General Assembly shall commence on the second Tuesday in January at the State Capitol Building in the City of Columbia, but that each body shall be authorized by majority vote to recede for a period of time not to exceed thirty consecutive calendar days at a time, or by two-thirds vote to recede for a time period of more than thirty consecutive calendar days at a time, and to sit in session at the State Capitol Building in the City of Columbia, and to provide for meetings as each body shall consider appropriate, and to provide for an organizational session for the Senate in those years in which the membership of the Senate is elected and to delete obsolete language relating to earlier sessions of the General Assembly?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word `Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
SECTION 3. It is proposed that Article III of the Constitution of this State be amended by deleting Section 21, which reads:
"Section 21. Neither house, during the session of the General Assembly, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which it shall be at the time sitting."
SECTION 4. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:
"Shall Article III of the Constitution of this State be amended by deleting Section 21 which provides that neither house of the General Assembly shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which it shall be at the time sitting?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word `Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
Rep. DELLENEY explained the Joint Resolution.
Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:
Those who voted in the affirmative are:
Agnew Allen Altman Anthony Bailey Bales Ballentine Barfield Battle Bingham Bowers Brady Branham Breeland R. Brown Ceips Chalk Chellis Clark Clemmons Clyburn Coates Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Duncan Edge Emory Frye Funderburk Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Hayes Herbkersman J. Hines Hinson Hiott Hosey Huggins Jefferson Jennings Kirsh Leach Limehouse Littlejohn Loftis Mack Mahaffey Martin McCraw McGee McLeod Merrill Miller Moody-Lawrence J. H. Neal J. M. Neal Ott Owens Phillips Pinson E. H. Pitts M. A. Pitts Rhoad Rice Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. Smith F. N. Smith G. M. Smith G. R. Smith J. E. Smith J. R. Smith W. D. Smith Stewart Talley Taylor Thompson Toole Umphlett Vaughn Vick Viers Weeks White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Howard Rutherford
So, the Joint Resolution, having received the necessary two-thirds vote, was passed and ordered to third reading.
The following Bill was taken up:
S. 318 (Word version) -- Senators McConnell and Ford: A BILL TO AMEND CHAPTER 1, TITLE 5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MUNICIPAL INCORPORATION, SO AS TO ESTABLISH A JOINT LEGISLATIVE COMMITTEE ON MUNICIPAL INCORPORATION TO REVIEW THE FILING OF AN AREA SEEKING INCORPORATION AND TO RECOMMEND TO THE SECRETARY OF STATE WHETHER THE MINIMUM SERVICE STANDARDS FOR MUNICIPAL INCORPORATION ARE MET AND TO DEFINE CONTIGUITY FOR PURPOSES OF MUNICIPAL INCORPORATION.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\3411DW05), which was tabled:
Amend the bill, as and if amended, Section 5-1-30(A)(6), page 5, by deleting line 14, and inserting:
/ effective date of incorporation. Provided, however, that an area seeking to be incorporated with a population of seven thousand or more shall provide all of the following services: /
When amended item (6) reads:
/ (6) the area seeking to be incorporated has filed a proposal demonstrating that at least three of the following services, either directly or by contract, will be provided to the incorporated area no later than the first day of the third fiscal year following the effective date of incorporation. Provided, however, that an area seeking to be incorporated with a population of seven thousand or more shall provide all of the following services:
(a) fire protection at a minimum service level required in regulations promulgated by the South Carolina Fire Marshal;
(b) solid waste collection and disposal;
(c) water supply, water distribution, or both;
(d) wastewater collection and treatment;
(e) storm water collection and disposal;
(f) enforcement of building, housing, plumbing, and electrical codes;
(g) planning and zoning;
(h) recreational facilities and programs; or
(i) street lighting. /
Renumber sections to conform.
Amend title to conform.
Rep. HARRISON explained the amendment.
Rep. SCARBOROUGH moved to table the amendment, which was agreed to.
Rep. SINCLAIR proposed the following Amendment No. 2 (Doc Name COUNCIL\GJK\20507SD05):
Amend the bill, as and if amended, in Section 5-1-30 of the 1976 Code, as contained in SECTION 1, by striking item (2) of subsection (B) which begins on line 33, page 5, and inserting:
/ (2) For the purposes of item (1) of this subsection, the six-month time period begins with the date the municipality receives the annexation petition from the area seeking incorporation.
(3) The municipal council of the nearest incorporated municipality may by resolution of council waive the five-mile limitation. /
Renumber sections to conform.
Amend title to conform.
Rep. SINCLAIR explained the amendment.
Reps. LOFTIS, SANDIFER, CHELLIS, UMPHLETT, WHITE, WHITMIRE, DAVENPORT, HAMILTON, TALLEY, PHILLIPS, SKELTON, SCARBOROUGH, MERRILL, TOOLE, CLEMMONS and HOSEY requested debate on the Bill.
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
H. 4044 (Word version) -- Rep. Ott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-32 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO HUNT WATERFOWL IN CALHOUN COUNTY ON CERTAIN PORTIONS OF LAKE MARION WITHIN TWO HUNDRED YARDS OF A RESIDENCE WITHOUT WRITTEN PERMISSION OF THE OWNER AND OCCUPANT AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Rep. OTT explained the Bill.
S. 506 (Word version) -- Senator Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-11-65 SO AS TO AUTHORIZE THE GOVERNING BODY OF A COUNTY TO PURCHASE A FIDELITY BOND ON ALL COUNTY OFFICIALS OR A PORTION OF THEM INSTEAD OF THE AMOUNT REQUIRED BY LAW AND REQUIRE A RESOLUTION TO BE ADOPTED BY THE COUNTY GOVERNING BODY WHEN A FIDELITY BOND IS USED TO REPLACE THE EXISTING BOND REQUIRED BY LAW, WHICH MUST MEET OR EXCEED THAT REQUIREMENT.
Rep. G. R. SMITH explained the Bill.
H. 3923 (Word version) -- Reps. Limehouse, Altman, Harrell, Merrill, Scarborough, Hinson, Dantzler, Chellis, Hagood and Ceips: A BILL TO AMEND CHAPTER 3, TITLE 54, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE PORTS AUTHORITY, BY ADDING ARTICLE 12 SO AS TO REQUIRE A FINGERPRINT-BASED CRIMINAL HISTORY CHECK OF EMPLOYEES OF THE PORTS AUTHORITY AND OTHER PERSONS ON TERMINALS ENGAGED IN ACTIVITIES RELATING TO CARGO MOVEMENT AT PORTS AUTHORITY FACILITIES, TO PROHIBIT THE EMPLOYMENT OF CERTAIN PERSONS AT PORTS AUTHORITY FACILITIES, AND TO PROVIDE FOR THE PROCEDURES NECESSARY TO IMPLEMENT THE ABOVE PROVISIONS.
Rep. MERRILL explained the Bill.
H. 4053 (Word version) -- Reps. Govan, Wilkins, Scott, Bingham, Rivers, Rutherford, J. E. Smith, Whipper, Miller, Clyburn, McLeod, Haskins, R. Brown, Kirsh, Moody-Lawrence, Merrill, Vick, Rhoad, Ott, Anthony, Agnew, Altman, Bailey, Bales, Battle, Branham, Breeland, J. Brown, Chellis, Emory, Funderburk, Hayes, J. Hines, Hinson, Hosey, Jefferson, Lee, McGee, J. M. Neal, Neilson, Pinson, Simrill, G. M. Smith, G. R. Smith, Taylor, Umphlett, Vaughn, Harrell and Leach: A JOINT RESOLUTION TO CREATE THE ERNEST F. "FRITZ" HOLLINGS MONUMENT COMMISSION AND PROVIDE FOR THE COMMISSION'S MEMBERSHIP, DUTIES, AND RELATED MATTERS.
On motion of Rep. G. M. SMITH, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means:
S. 814 (Word version) -- Senators Land and Hutto: A BILL TO AMEND SECTION 12-6-3365, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TEN-YEAR CORPORATE INCOME TAX MORATORIUM ALLOWED FOR CREATING AND MAINTAINING AT LEAST ONE HUNDRED FULL-TIME NEW JOBS IN COUNTIES THAT MEET CERTAIN UNEMPLOYMENT OR PER CAPITA INCOME REQUIREMENTS, SO AS TO EXTEND THE MORATORIUM TO A TAXPAYER OTHERWISE ELIGIBLE FOR THE MORATORIUM BUT FOR THE REQUIREMENT THAT AT LEAST NINETY PERCENT OF THE TAXPAYER'S TOTAL INVESTMENT IN THIS STATE MUST BE IN THE MORATORIUM COUNTY AND ALLOW THE MORATORIUM WHEN THAT TAXPAYER CREATES AT LEAST ONE HUNDRED NEW JOBS AND INVESTS AT LEAST ONE HUNDRED FIFTY MILLION DOLLARS IN A MANUFACTURING FACILITY IN A SECOND COUNTY DESIGNATED AS DISTRESSED, LEAST DEVELOPED, OR UNDERDEVELOPED WITH THE NINETY PERCENT OVERALL LIMITATION APPLYING TO INVESTMENT IN ONE OR BOTH OF THESE COUNTIES, TO EXTEND THE MORATORIUM SIMILARLY WHEN THE NUMBER OF JOBS CREATED WOULD ALLOW THE TAXPAYER A FIFTEEN-YEAR MORATORIUM, TO PROVIDE THAT A CHANGE IN BUSINESS FORM DURING THE MORATORIUM PERIOD DOES NOT AFFECT THE MORATORIUM, TO DEFINE "TAXPAYER" TO INCLUDE A GROUP OF AFFILIATED TAXPAYERS, AND TO MAKE CONFORMING AMENDMENTS.
Rep. LOFTIS asked unanimous consent to recall H. 3225 (Word version) from the Committee on Education and Public Works.
Rep. TOWNSEND objected.
The Senate amendments to the following Bill were taken up for consideration:
S. 145 (Word version) -- Senator Mescher: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-13-390, TO PROVIDE THAT NO MORE THAN ONE ARKANSAS BLUE CATFISH OVER THIRTY-FOUR INCHES MAY BE TAKEN FROM THE WATERS OF LAKES MARION AND MOULTRIE BY ANY ONE PERSON IN ONE DAY, AND TO PROVIDE THAT THE PROVISIONS OF THIS SECTION APPLY TO COMMERCIAL AS WELL AS RECREATIONAL FISHERMEN.
Rep. WITHERSPOON moved to adjourn debate upon the Senate Amendments until Wednesday, May 18, which was agreed to.
The following Bill was taken up, read the third time, and ordered sent to the Senate:
H. 3405 (Word version) -- Reps. Mahaffey, J. Brown, Howard, Hosey, Kennedy, M. Hines, Townsend, Anthony, Breeland, Cato, Dantzler, Emory, Hardwick, Hayes, Jefferson, Jennings, Leach, J. M. Neal, Owens, M. A. Pitts, Rivers, Sinclair, Toole, Umphlett, Vaughn, Witherspoon, Young and Miller: A BILL TO AMEND SECTION 40-51-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN CONNECTION WITH THE LICENSURE AND REGULATION OF PODIATRISTS, SO AS TO REVISE THE DEFINITION OF "PODIATRY" AND TO DEFINE "PRACTICE OF PODIATRY".
The following Concurrent Resolution was taken up:
H. 4040 (Word version) -- Reps. Cooper, Cato, Haskins, Leach, Loftis, G. R. Smith, Vaughn and Tripp: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 20 FROM ITS INTERSECTION WITH INTERSTATE HIGHWAY 185 (THE SOUTHERN CONNECTOR) IN GREENVILLE COUNTY TO THE BRIDGE THAT CROSSES THE SALUDA RIVER AT THE GREENVILLE-ANDERSON COUNTY LINE THE "SERGEANT JOE R. HOOPER HIGHWAY", AND TO ERECT APPROPRIATE SIGNS OR MARKERS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "SERGEANT JOE R. HOOPER HIGHWAY".
Whereas, Staff Sergeant Joe R. Hooper was born on August 8, 1939, in Piedmont, South Carolina, the son of Mr. and Mrs. John (Maggie) Hooper; and
Whereas, he attended Moses Lake High School in Moses Lake, Washington, and the Air Transportation School at Fort Bragg, North Carolina; and
Whereas, he entered the United States Army on May 31, 1960; and
Whereas, he was stationed in: Korea from June 1961 to October 1963; the Panama Canal Zone from December 1966 to October 1967; and Vietnam from December 1967 to May 1968; and
Whereas, while stationed in Vietnam, he became the United States' most decorated soldier during that war having received the: Medal of Honor, Silver Star, Bronze Star, Army Commendation Medal, Purple Heart, Good Conduct Medal, Combat Infantry Badge, Master Parachutists Badge, Armed Forces Expeditionary Medal, National Defense Service Medal, Vietnam Service Medal, Gallantry Cross with Palm (Vietnamese), Campaign Medal (Vietnamese), and Presidential Unit Citation (Vietnamese); and
Whereas, it is fitting and proper for the members of the General Assembly to recognize this distinguished South Carolinian for his bravery and gallant service in defense of our nation by naming a highway in his honor. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly, by this resolution, request that the Department of Transportation name the portion of South Carolina Highway 20 from its intersection with Interstate Highway 185 (the Southern Connector) in Greenville County to the bridge that crosses the Saluda River at the Greenville-Anderson County line the "Sergeant Joe R. Hooper Highway", and erect appropriate markers or signs along this portion of highway that contain the words "Sergeant Joe R. Hooper Highway".
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. HAMILTON.
The following Bill was taken up:
H. 3489 (Word version) -- Reps. Bales and Neilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 TO CHAPTER 9, TITLE 4 SO AS TO PROVIDE A PROCEDURE BY WHICH THE GOVERNING BODY OF A COUNTY MAY BE ELECTED IN NONPARTISAN ELECTIONS; AND TO AMEND SECTION 4-9-10, RELATING TO THE AUTHORIZATION TO CONDUCT A REFERENDUM TO DETERMINE A CHANGE IN THE FORM OF COUNTY GOVERNMENT, NUMBER OF COUNTY COUNCIL MEMBERS, OR METHODS OF ELECTION, SO AS TO AUTHORIZE A REFERENDUM TO BE HELD TO CHANGE THE METHODS OF ELECTION OF COUNTY COUNCILS AND PROVIDE FOR AND LIMIT THE ALTERNATE METHODS OF ELECTION WHICH MAY BE ESTABLISHED.
Rep. TALLEY moved to recommit the Bill to the Committee on Judiciary, which was agreed to.
Rep. HARRISON moved to adjourn debate upon the following Bill until Wednesday, May 11, which was adopted:
H. 3344 (Word version) -- Reps. Wilkins and Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-27-55 SO AS TO ALLOW THE FORFEITURE OF PROPERTY, MONIES, NEGOTIABLE INSTRUMENTS, SECURITIES, AND OTHER THINGS OF VALUE WHEN A PERSON VIOLATES A PROVISION OF THE ANIMAL FIGHTING AND BAITING ACT, TO PROVIDE PROCEDURES FOR FORFEITURE, AND TO CREATE AN EXCEPTION FOR THE INNOCENT OWNER OF PROPERTY SUBJECT TO FORFEITURE; TO AMEND SECTION 16-27-60, RELATING TO ACTIVITIES THAT ARE NOT SUBJECT TO THE CRIMINAL PENALTIES OF THE ANIMAL FIGHTING AND BAITING ACT, SO AS TO INCLUDE GAME FOWL UNDER THE PROVISIONS OF THE ACT BY DELETING ITS EXEMPTION; AND TO REPEAL SECTION 16-17-650 RELATING TO THE MISDEMEANOR OFFENSE OF COCKFIGHTING.
The following Bill was taken up:
H. 3773 (Word version) -- Reps. Vick, W. D. Smith, Littlejohn, Agnew, Ballentine, Haley, Lucas, Ott, Hardwick, Witherspoon, Cobb-Hunter and Anderson: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT FROM SALES TAX THE GROSS PROCEEDS OF SALES OR SALES PRICE OF GOLD, SILVER, AND PLATINUM BULLION, COINS, AND CURRENCY AND TO REQUIRE THE RETAILER TO MAINTAIN PROPER DOCUMENTATION AS REQUIRED BY THE SOUTH CAROLINA DEPARTMENT OF REVENUE FOR EACH EXEMPT SALE.
Rep. LITTLEJOHN explained the Bill.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Agnew Allen Altman Anderson Anthony Bailey Bales Ballentine Barfield Battle Bowers Brady Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Coates Cobb-Hunter Coleman Cooper Cotty Dantzler Delleney Duncan Edge Frye Funderburk Govan Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Hayes J. Hines M. Hines Hinson Hiott Hosey Huggins Jefferson Jennings Kennedy Kirsh Leach Limehouse Littlejohn Lucas Mack Mahaffey Martin McCraw McGee McLeod Miller Moody-Lawrence J. H. Neal Norman Ott Perry Phillips E. H. Pitts M. A. Pitts Rhoad Rice Rutherford Sandifer Scarborough Scott Simrill Sinclair F. N. Smith G. M. Smith G. R. Smith J. E. Smith J. R. Smith W. D. Smith Stewart Talley Taylor Thompson Townsend Umphlett Vaughn Vick Viers Weeks White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Bingham Emory Merrill Owens Pinson Skelton Toole
So, the Bill was read the second time and ordered to third reading.
I missed the vote on H. 3773. Had I been present, I would have voted in favor of the Bill.
Rep. William Clyburn
Rep. VIERS moved to adjourn debate upon the following Bill until Wednesday, May 11, which was adopted:
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.
Rep. HARRISON moved that the House recur to the Morning Hour, which was agreed to.
Rep. MCLEOD, from the Newberry Delegation, submitted a favorable report on:
S. 784 (Word version) -- Senator Cromer: 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.
Ordered for consideration tomorrow.
The following was introduced:
H. 4066 (Word version) -- Rep. Rutherford: A HOUSE RESOLUTION TO RECOGNIZE THE MANY ACCOMPLISHMENTS OF MRS. KATHERYN "MARJORIE" MEANS BELLFIELD AND COMMEND HER FOR A LIFETIME OF SERVICE TO HER COMMUNITY AND STATE.
The Resolution was adopted.
The following was introduced:
H. 4067 (Word version) -- Rep. J. R. Smith: A HOUSE RESOLUTION TO EXPRESS THE APPRECIATION OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES TO MARGARET G. MULLEN FOR HER LASTING COMMITMENT TO EDUCATION UPON HER RETIREMENT AS PRINCIPAL OF MIDLAND VALLEY HIGH SCHOOL ON JUNE 30, 2005, AND EXTEND TO HER BEST WISHES IN ALL OF HER FUTURE ENDEAVORS.
The Resolution was adopted.
The following was introduced:
H. 4068 (Word version) -- Reps. R. Brown, Breeland, Merrill, Altman, Chellis, Dantzler, Hagood, Harrell, Mack, Scarborough, Young and Limehouse: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION OF UNITED STATES HIGHWAY 17 SOUTH, HUGHES ROAD (S-10-738), AND OLD CHARLESTON ROAD (S-10-1024) IN CHARLESTON COUNTY THE "CLIFFORD V. GADSDEN MEMORIAL INTERSECTION" AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERSECTION THAT CONTAIN THE WORDS "CLIFFORD V. GADSDEN MEMORIAL INTERSECTION".
Whereas, on April 29, 2005, Second Lieutenant Clifford V. Gadsden, at the age of twenty-five, made the ultimate sacrifice defending his country, family, and friends while serving in Operation Iraqi Freedom in Taji, Iraq. While bravely serving his country and leading his soldiers, Second Lieutenant Gadsden was a victim of a roadside bombing; and
Whereas, Second Lieutenant Gadsden was born on August 6, 1979, in Charleston, South Carolina, the son of Clifford and Minerva Gadsden. He was raised in Red Top, South Carolina in a Christian atmosphere in a very large and close family and community; and
Whereas, he obtained a Bachelor of Science degree in Mechanical Engineering from South Carolina State University in 2003. In August 2003, he was commissioned as a Second Lieutenant in the Transportation Corps through the Reserve Officer Training Corps at South Carolina State University; and
Whereas, during his military service, Second Lieutenant Gadsden received the following awards: National Defense Service Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, and the Army Service Ribbon. He was posthumously awarded the Bronze Star Medal and the Purple Heart; and
Whereas, in June 2004, Second Lieutenant Gadsden married his true love, Erica, and together they shared a loving home with their two children Kinshaza and Karistopher; and
Whereas, as a tribute to the bravery and heroism exhibited by Second Lieutenant Gadsden, it is fitting and proper for the members of the General Assembly to request that the Department of Transportation name an intersection in his native County of Charleston in his honor. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly, by this resolution, request that the Department of Transportation name the intersection of United States Highway 17 South, Hughes Road (S-10-738), and Old Charleston Road (S-10-1024) in Charleston County the "Clifford V. Gadsden Memorial Intersection", and erect appropriate markers or signs at this intersection that contain the words "Clifford V. Gadsden Memorial Intersection".
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
Rep. E. H. PITTS moved to reconsider the vote whereby H. 3773 (Word version) was given a second reading and the motion was noted.
Rep. J. BROWN moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 4049 (Word version) -- Reps. Sandifer and Skelton: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE THE ACCOMPLISHMENTS OF DOCTOR RICHARD H. KLEIN UPON HIS RETIREMENT AND EXTEND BEST WISHES TO HIM ON HIS FUTURE ENDEAVORS.
H. 4052 (Word version) -- Reps. G. M. Smith, Weeks, Coates, J. H. Neal, 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, 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. 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 CONGRATULATE LANCE CORPORAL SHAYWARD S. MCKENZIE OF THE SOUTH CAROLINA HIGHWAY PATROL ON BEING NAMED THE 2004 SOUTH CAROLINA HIGHWAY PATROL TROOPER OF THE YEAR.
At 12:50 p.m. the House, in accordance with the motion of Rep. KIRSH, adjourned in memory of Asbury Hoke of York, to meet at 10:00 a.m. tomorrow.
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