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

Printed Page 3380 . . . . . Friday, May 13, 2005

Friday, May 13, 2005
(Local Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr. as follows:

Our thought for today is from Psalm 118:27: "The Lord is God, and he has made his light shine upon us."
Let us pray. Dear Lord, thank You for all You have done for us. Help us to keep things that are important in our thoughts and actions. Provide us with Your continued care that what we do may be pleasing in Your sight. Bestow Your care on our Nation, President, State and her leaders. Keep our defenders of freedom in Your safe care. O Lord, hear our prayer. Amen.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

SENT TO THE SENATE

The following Bills and Joint Resolution were taken up, read the third time, and ordered sent to the Senate:

H. 4077 (Word version) -- Rep. Hayes: A JOINT RESOLUTION TO PROVIDE FOR A SIX AND ONE-QUARTER MILL INCREASE IN THE LEVY OF TAXES FOR THE FISCAL YEAR BEGINNING JULY 1, 2005, AND ENDING JUNE 30, 2006, AND TO ALLOCATE THE INCREASED REVENUES FOR SCHOOL PURPOSES IN DILLON COUNTY.

H. 3198 (Word version) -- Reps. Harrison, Wilkins, Scarborough and Umphlett: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9, CHAPTER 21, TITLE 5 SO AS TO ENACT THE "MUNICIPAL FINANCE OVERSIGHT ACT OF 2005" TO CREATE THE MUNICIPAL FINANCE OVERSIGHT COMMISSION AND AN EXECUTIVE COMMITTEE OF THE COMMISSION, PROVIDE FOR THEIR COMPOSITION, POWERS, DUTIES, AND RESPONSIBILITIES, REQUIRE MUNICIPALITIES TO SUBMIT ANNUAL FINANCIAL REPORTS AND ANNUAL AUDITS, PROVIDE FOR SANCTIONS AGAINST

Printed Page 3381 . . . . . Friday, May 13, 2005
MUNICIPALITIES THAT FAIL TO COMPLY WITH THE COMMISSION'S PLAN FOR REFINANCING, ADJUSTING, OR COMPROMISING A DEBT, PROVIDE PENALTIES FOR AN OFFICER OR EMPLOYEE OF A MUNICIPALITY WHO FAILS TO COMPLY WITH THE PROVISIONS OF ARTICLE 9 OF CHAPTER 21; AND TO AMEND SECTION 6-1-50, RELATING TO THE REQUIREMENT OF A FINANCIAL REPORT SUBMITTED BY COUNTIES AND MUNICIPALITIES TO THE COMPTROLLER GENERAL, SO AS TO REQUIRE THE REPORT BE SUBMITTED INSTEAD TO THE MUNICIPAL FINANCE COMMISSION AND DELETE A REFERENCE TO THE ADVISORY COMMISSION ON INTERGOVERNMENTAL RELATIONS.

H. 4035 (Word version) -- Reps. Harrell, Wilkins, Chellis, Thompson, Cotty, Huggins, Clark, Bales, Neilson, Hosey, J. E. Smith, Frye, Altman, Anthony, Bailey, Battle, Bowers, Branham, Cato, Cobb-Hunter, Cooper, Davenport, Delleney, Hagood, Hardwick, Haskins, J. Hines, Hinson, Kirsh, Leach, Mahaffey, McLeod, Miller, J. H. Neal, Norman, Ott, Owens, Rhoad, Rice, Scarborough, Scott, D. C. Smith, G. R. Smith, Talley, Taylor, Vaughn, Walker, White, Witherspoon and Young: A BILL TO AMEND CHAPTER 45, TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VENTURE CAPITAL INVESTMENT ACT, SO AS TO ESTABLISH A VENTURE CAPITAL AUTHORITY WITHIN THE DEPARTMENT OF COMMERCE TO SOLICIT INVESTMENT PLANS FOR RAISING AND INVESTING VENTURE CAPITAL PURSUANT TO THE VENTURE CAPITAL INVESTMENT ACT AND TO REVISE AND FURTHER PROVIDE FOR THE PROCEDURES, CONDITIONS, AND REQUIREMENTS UNDER WHICH VENTURE CAPITAL IS RAISED AND INVESTORS RECEIVE STATE TAX CREDITS FOR THEIR INVESTMENT; TO AMEND SECTION 11-35-710, AS AMENDED, RELATING TO EXEMPTIONS FROM THE CONSOLIDATED PROCUREMENT CODE, SO AS TO EXEMPT THE VENTURE CAPITAL AUTHORITY, AND TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO EXEMPT PRIVATE INVESTMENT AND OTHER PROPRIETARY FINANCIAL DATA PROVIDED TO THE VENTURE CAPITAL AUTHORITY BY A DESIGNATED INVESTOR GROUP OR AN INVESTOR.

Printed Page 3382 . . . . . Friday, May 13, 2005
H. 3803 (Word version) -- Reps. Edge and Wilkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15, CHAPTER 53, TITLE 44 SO AS TO ENACT THE SOUTH CAROLINA PRESCRIPTION MONITORING ACT AUTHORIZING THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, BUREAU OF DRUG CONTROL TO ESTABLISH A PROGRAM TO MONITOR THE PRESCRIBING AND DISPENSING OF SCHEDULE II-V CONTROLLED SUBSTANCES AND TO PROVIDE THE MANNER AND PROCEDURES UNDER WHICH DISPENSERS ARE TO PROVIDE SUCH INFORMATION, TO PROVIDE FOR THE USE AND CONFIDENTIALITY OF THIS INFORMATION, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

ORDERED ENROLLED FOR RATIFICATION

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. 660 (Word version) -- Senator Rankin: A BILL TO AMEND SECTION 40-3-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSURE REQUIREMENTS FOR ARCHITECTS, SO AS TO DELETE PROVISIONS PROVIDING PARTIAL CREDIT TO APPLICANTS FOR THOSE EXAMINATION SUBJECT AREAS PASSED.

S. 580 (Word version) -- Senators Knotts, Grooms, Bryant, Reese, Ford, Verdin, Elliott, Short, Mescher, Patterson, Matthews, Land, Thomas, Rankin and Ryberg: A BILL TO AMEND SECTION 10-5-235, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACCESSIBILITY COMMITTEE FOR THE BUILDING CODES COUNCIL, SO AS TO CLARIFY THAT THE COMMITTEE SHALL ADVISE THE COUNCIL ON MATTERS OF ACCESSIBILITY TO BUILDINGS, STRUCTURES, AND FACILITIES BY PERSONS WITH DISABILITIES.

S. 422 (Word version) -- Senators McConnell, Hayes and Campsen: A BILL TO AMEND ARTICLE 7, TITLE 62 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRUST ADMINISTRATION, SO AS TO ENACT THE UNIFORM TRUST

Printed Page 3383 . . . . . Friday, May 13, 2005
CODE BY PROVIDING A COMPREHENSIVE CODIFICATION OR RECODIFICATION OF MUCH OF EXISTING TRUST LAW AND SUPPLEMENTING EXISTING COMMON LAW UNLESS THE CODE SPECIFICALLY CONTRADICTS IT, AND PROVIDING, AMONG OTHER THINGS, FOR GENERAL PROVISIONS AND DEFINITIONS INCLUDING A DEFINITION FOR "QUALIFIED BENEFICIARY" AND AN APPLICATION OF THE STATE'S WILL CONSTRUCTION RULES TO THE CONSTRUCTION OF TRUSTS WHEN APPROPRIATE; FOR JUDICIAL PROCEEDINGS AND REPRESENTATION BY OTHERS, ESSENTIALLY RECODIFYING EXISTING VENUE, JURISDICTION, AND REPRESENTATION PROVISIONS; FOR THE RULES FOR CREATION OF TRUSTS INCLUDING THAT A SELF-SETTLED TRUST MUST BE IN WRITING, THAT A TRUST PURPOSE BE LAWFUL AND ACHIEVABLE, THAT A VALID NONCHARITABLE TRUST MAY BE CREATED WITHOUT DEFINITE BENEFICIARIES IN ONLY CERTAIN INSTANCES, THAT AN EARLY TERMINATION OR MODIFICATION OF A NONAMENDABLE IRREVOCABLE TRUST REQUIRES COURT APPROVAL, THAT A COURT MAY MODIFY THE ADMINISTRATIVE OR DISPOSITIVE PROVISIONS OF A TRUST, AND THAT A TRUST MAY BE TERMINATED IF IT CANNOT JUSTIFY ITS ADMINISTRATIVE COSTS, MODIFIED TO ACCOMPLISH THE SETTLOR'S TAX OBJECTIVES, OR DIVIDED OR COMBINED WITH OTHERS TO FACILITATE ADMINISTRATION; FOR RETENTION OF THE ABILITY OF THE SETTLOR'S CREDITORS TO REACH THE TRUST PROPERTY IN A TRUST; FOR THE VALIDITY SPENDTHRIFT PROVISION EXCEPT AS TO CHILD SUPPORT AND PROTECTION OF THE SPECIAL NEEDS TRUST; FOR THE PRESUMED REVOCABILITY INSTEAD OF IRREVOCABILITY OF A TRUST, CLARIFICATION OF THE MENTAL CAPACITY FOR CREATING A REVOCABLE TRUST, AND A STATUTE OF LIMITATIONS FOR CONTESTING A REVOCABLE TRUST; AND FOR RULES FOR THE OFFICE OF TRUSTEE, INCLUDING RESIGNATION AND REMOVAL, DUTIES AND POWERS OF TRUSTEES, INCLUDING THE ESSENCE OF SOUTH CAROLINA'S UNIFORM TRUSTEES POWERS ACT AND THE UNIFORM PRUDENT INVESTORS ACT, ADDING A BROADER TRUSTEE POWER AND A STANDARD OF CARE FOR TRUSTEE MATTERS IN ADDITION TO INVESTMENT AND MANAGEMENT, AND THE UNIFORM PRINCIPAL AND
Printed Page 3384 . . . . . Friday, May 13, 2005
INCOME ACT GOVERNING FIDUCIARY ACCOUNTING PRINCIPALS, SUBSTANTIAL RETENTION OF EXISTING LAW CONCERNING LIABILITY OF TRUSTEES AND RIGHTS OF PERSONS DEALING WITH THEM, AND APPLICATION OF THESE PROVISIONS TO EXISTING RELATIONSHIPS; TO AMEND SECTION 27-6-50, RELATING TO EXCEPTIONS TO THE RULE AGAINST PERPETUITIES, SECTION 33-31-152, RELATING TO RIGHTS OF STATES AS TO CORPORATIONS, SECTION 34-15-10, AS AMENDED, RELATING TO A BANK ACTING AS FIDUCIARY, SECTION 62-3-703, RELATING TO GENERAL DUTIES OF A PERSONAL REPRESENTATIVE, SECTION 62-3-913, RELATING TO DISTRIBUTION BY A PERSONAL REPRESENTATIVE TO A TRUSTEE, AND SECTION 62-5-417, RELATING TO THE GENERAL DUTY OF A CONSERVATOR, ALL SO AS TO AMEND CROSS REFERENCES TO CONFORM TO THIS ACT; AND TO REPEAL SECTION 27-5-70.

S. 20 (Word version) -- Senators McConnell, Ritchie, Short, Elliott and Ford: A BILL TO AMEND ARTICLE 9, CHAPTER 11, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-11-911, RELATING TO THE RECORDING OF MOTION PICTURES IN A MOTION PICTURE THEATER, SO AS TO MAKE UNLAWFUL THE RECORDING IN A MOTION PICTURE THEATER OF A MOTION PICTURE WITHOUT CONSENT; AND TO AMEND SECTION 16-11-920, RELATING TO PENALTIES FOR UNLAWFUL RECORDING, SO AS TO CREATE PENALTIES FOR SUCH ACTION.

S. 467 (Word version) -- Senators Hayes and Peeler: A JOINT RESOLUTION TO PROVIDE THAT UPON EXECUTION OF AN APPROPRIATE CONTRACT THE SOUTH CAROLINA DEPARTMENT OF MENTAL HEALTH IS AUTHORIZED TO TRANSFER A CERTAIN SUM OF MONEY FROM AN ACCOUNT DESIGNATED FOR THE PURCHASE OR CONSTRUCTION OF A CHILD AND ADOLESCENT FACILITY AT THE CATAWBA COMMUNITY MENTAL HEALTH CENTER TO THE FRIENDS OF THE FAMILY CENTER, A NONPROFIT ORGANIZATION, FOR THE PURPOSE OF RAISING ADDITIONAL FUNDING TO PURCHASE A SUITABLE BUILDING TO SERVE AS A CHILD AND

Printed Page 3385 . . . . . Friday, May 13, 2005
ADOLESCENT MENTAL HEALTH FACILITY TO BE NAMED THE CATAWBA FAMILY CENTER.

RETURNED TO THE SENATE WITH AMENDMENTS

The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments:

S. 596 (Word version) -- Senator Sheheen: A BILL TO AMEND SECTION 56-7-10, AS AMENDED, RELATING TO THE USE OF THE UNIFORM TRAFFIC TICKET BY ALL LAW ENFORCEMENT OFFICERS, SO AS TO DELETE THE PROVISION THAT ALLOWS A LAW ENFORCEMENT AGENCY TO AUTOMATE THE ISSUANCE OF A UNIFORM TICKET IF APPROVED BY THE DEPARTMENT, AND PROVIDE THAT A LAW ENFORCEMENT AGENCY MAY UTILIZE COMPUTERS AND OTHER ELECTRONIC DEVICES TO ISSUE UNIFORM TRAFFIC CITATIONS AND STORE INFORMATION RESULTING FROM THE ISSUANCE OF A TRAFFIC CITATION IF THIS METHOD OF ISSUING A CITATION HAS BEEN APPROVED BY THE DEPARTMENT OF PUBLIC SAFETY; AND TO AMEND SECTION 56-7-30, AS AMENDED, RELATING TO THE PRINTING, ORDERING, AND PURCHASING OF UNIFORM TRAFFIC TICKETS, AND THE FILING OF THE VARIOUS COPIES OF THE TICKET WITH THE APPROPRIATE AGENCIES, SO AS TO PROVIDE THE PROCEDURE THAT A LAW ENFORCEMENT AGENCY THAT ISSUES UNIFORM TRAFFIC TICKETS IN AN ELECTRONIC FORMAT MUST DISTRIBUTE COPIES OF THE TICKET TO VARIOUS ENTITIES.

ADJOURNMENT

At 10:45 a.m. the House in accordance with the ruling of the SPEAKER adjourned to meet at 12:00 noon, Tuesday, May 17.

***

This web page was last updated on Wednesday, June 24, 2009 at 9:56 A.M.