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 Nahum 1:13a: "Look there on the mountains, the feet of the one who brings good news, who proclaims peace."
Let us pray. Gracious Lord, help the work we do here bring joy and blessing to those we serve, and to You. Lord of life, plant a pleasant disposition within us. Fill us with the fire of compassion to do the work set before this body. May we boldly press for doing the right thing for those we serve. Look in favor upon our Nation, President, State and her leaders. Keep our defenders of freedom in Your safe care. In Your Holy Name we pray. 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. HARDWICK moved that when the House adjourns, it adjourn in memory of Legette Eaddy of Georgetown, which was agreed to.
The SPEAKER ordered the following veto printed in the Journal:
February 15, 2005
The Honorable David H. Wilkins
Speaker of the House of Representatives
Post Office Box 11867
Columbia, South Carolina 29211
Mr. Speaker and Members of the House:
I am hereby returning without my approval H. 3356 (Word version), R. 5, an Act:
TO AMEND ACT 587 OF 1994, AS AMENDED, RELATING TO THE CREATION OF THE CHESTERFIELD COUNTY BOARD OF ELECTIONS, SO AS TO INCREASE FROM SEVEN TO NINE THE MEMBERS ON THE BOARD.
This veto is based on my belief that this bill is unconstitutional. H. 3356, R. 5 proposes to change the composition of the Chesterfield County Board of Elections by increasing its membership from seven to nine members. As such, H. 3356, R. 5, affects only Chesterfield County and is, therefore, clearly an act for a specific county. Such acts are in violation of Article VIII, Section 7 of the Constitution of the State of South Carolina, which provides that "[n]o laws for a specific county shall be enacted." Acts similar to H. 3356, R. 5 have been struck down by the South Carolina Supreme Court as violative of Article VIII, Section 7.
For this reason, I am returning H. 3356, R. 5 to you without my signature.
Sincerely,
Mark Sanford
Governor
The Veto on the following Act was taken up:
(R. 5) H. 3356 (Word version) -- Rep. Vick: AN ACT TO AMEND ACT 587 OF 1994, AS AMENDED, RELATING TO THE CREATION OF THE CHESTERFIELD COUNTY BOARD OF ELECTIONS, SO AS TO INCREASE FROM SEVEN TO NINE THE MEMBERS ON THE BOARD.
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Lucas Vick
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The SPEAKER ordered the following veto printed in the Journal:
February 15, 2005
The Honorable David H. Wilkins
Speaker of the House of Representatives
Post Office Box 11867
Columbia, South Carolina 29211
Mr. Speaker and Members of the House:
I am hereby returning without my approval H. 3371 (Word version), R. 7, an Act:
TO AMEND ACT 587 OF 1994, AS AMENDED, RELATING TO THE CREATION OF THE CHESTERFIELD COUNTY BOARD OF ELECTIONS AND REGISTRATION, SO AS TO GIVE THE CHESTERFIELD COUNTY LEGISLATIVE DELEGATION THE SOLE APPOINTIVE POWERS FOR MEMBERS OF THE CHESTERFIELD COUNTY BOARD OF ELECTIONS AND REGISTRATION INSTEAD OF BEING APPOINTED BY THE GOVERNOR UPON RECOMMENDATION OF THE CHESTERFIELD COUNTY LEGISLATIVE DELEGATION.
This veto is based on my belief that this bill is unconstitutional. H. 3371, R. 7 proposes to eliminate the requirement that the Governor appoint the members of the Chesterfield County Board of Elections upon the recommendation of the Chesterfield County Legislative Delegation and instead gives sole appointment powers to the delegation. As such, H. 3371, R. 7, affects only Chesterfield County and is, therefore, clearly an act for a specific county. Such acts are in violation of Article VIII, Section 7 of the South Carolina Constitution, which provides that "[n]o laws for a specific county shall be enacted." Acts similar to H. 3371, R. 7 have been struck down by the South Carolina Supreme Court as violative of Article VIII, Section 7.
For this reason, I am returning H. 3371, R. 7 to you without my signature.
Sincerely,
Mark Sanford
Governor
The Veto on the following Act was taken up:
(R. 7) H. 3371 (Word version) -- Reps. Vick, Neilson and Jennings: AN ACT TO AMEND ACT 587 OF 1994, AS AMENDED, RELATING TO THE CREATION OF THE CHESTERFIELD COUNTY BOARD OF ELECTIONS AND REGISTRATION, SO AS TO GIVE THE CHESTERFIELD COUNTY LEGISLATIVE DELEGATION THE SOLE APPOINTIVE POWERS FOR MEMBERS OF THE CHESTERFIELD COUNTY BOARD OF ELECTIONS AND REGISTRATION INSTEAD OF BEING APPOINTED BY THE GOVERNOR UPON RECOMMENDATION OF THE CHESTERFIELD COUNTY LEGISLATIVE DELEGATION.
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Lucas Vick
Those who voted in the negative are:
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The following was introduced:
H. 3560 (Word version) -- Reps. Harvin, Altman, Chalk, Harrell, Limehouse, Scarborough and Wilkins: A CONCURRENT RESOLUTION TO EXPRESS THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY UPON THE DEATH OF FOUNDING PRESIDENT OF THE BAPTIST COLLEGE, NOW CHARLESTON SOUTHERN UNIVERSITY, AND LONGTIME PASTOR OF FIRST BAPTIST CHURCH OF CHARLESTON, DOCTOR JOHN HAMRICK, ON OCTOBER 24, 2004, AND TO CONVEY THEIR DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3561 (Word version) -- Reps. Wilkins, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION TO COMMEND MRS. JUDY HIX, WHO RETIRED DECEMBER 31, 2004, AS GREENVILLE COUNTY REGISTER OF DEEDS, FOR HER OUTSTANDING THIRTY-SEVEN YEAR CAREER IN COUNTY GOVERNMENT AND FOR HER MANY
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3562 (Word version) -- Reps. Witherspoon, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND PAY TRIBUTE TO THE THOUSANDS OF FUTURE FARMERS OF AMERICA MEMBERS IN SOUTH CAROLINA ON THE OCCASION OF NATIONAL FUTURE FARMERS OF AMERICA WEEK, FEBRUARY 19-26, 2005.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. KIRSH, with unanimous consent, the following was taken up for immediate consideration:
H. 3563 (Word version) -- Reps. Kirsh, Delleney, Emory, McCraw, Moody-Lawrence, Norman and Simrill: A CONCURRENT RESOLUTION
Whereas, the population of York County has grown over twenty-eight percent during the past fifteen years to a current total of 182,193 and is expected to grow by 38,000 by the year 2015; and
Whereas, York County ranked first in the State in the number of jobs announced during 2004, with 2,395 new jobs; and
Whereas, York County's total estimated assessed property valuation for 2004 exceeded 447.7 million dollars; and
Whereas, York County expects to announce over 104 million dollars in existing industry investment in 2004; and
Whereas, retail sales in York County have increased approximately seven percent annually since the late 1990's to an estimated 3.2 billion dollars; and
Whereas, a total of forty-eight companies, some nationally known, announced plans to locate or expand in York County in 2004, providing a capital investment of over 151 million dollars; and
Whereas, the citizens of York County passed a one cent sales tax in 1997 and again in 2003 to collect approximately 99 million dollars and 173 million dollars, respectively, to be used to pay for critical road improvement. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the South Carolina General Assembly, by this resolution, recognize York County for its many accomplishments and declare March 30, 2005, as "York County Day" in South Carolina.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3564 (Word version) -- Rep. Townsend: A CONCURRENT RESOLUTION TO CONGRATULATE THE TWENTY-TWO TECHNICAL COLLEGE STUDENTS NAMED TO SOUTH CAROLINA'S 2005 ALL-STATE ACADEMIC TEAM IN THE ALL-USA TEAM COMPETITION FOR TECHNICAL COLLEGES, COMMUNITY COLLEGES, AND JUNIOR COLLEGES.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. HERBKERSMAN, with unanimous consent, the following was taken up for immediate consideration:
H. 3565 (Word version) -- Reps. Herbkersman and Ceips: A HOUSE RESOLUTION TO ESTABLISH MARCH AS "IRISH HERITAGE MONTH" IN CELEBRATION AND APPRECIATION OF ALL THE CONTRIBUTIONS THAT IRISH IMMIGRANTS AND IRISH-AMERICANS HAVE MADE AND CONTINUE TO MAKE TO THIS NATION AND OUR STATE.
Whereas, throughout our nation's history, the United States has welcomed millions of Irish immigrants who, along with their descendants, have played a vital role in shaping the history and culture of our nation; and
Whereas, South Carolinians of Irish descent have a long and distinguished record of public service to the United States, including President Andrew Jackson, United States Senator John C. Calhoun, and James F. Byrnes, a Supreme Court Justice and Secretary of State in Franklin D. Roosevelt's administration; and
Whereas, South Carolinians of Irish descent have been noted as leaders in the fields of architecture and science; most notable among them are James Hoban an architect who designed the White House, Nobel Prize winning physicist Charles Townes, bio-scientist Robert Dowling, and James M. Baldwin, founder of the American Psychological Association; and
Whereas, in every American war and conflict, Irish immigrants and Irish-Americans have fought and shed blood in defense of the liberty, freedom, and opportunity America afforded them; among those making this most important of sacrifices were twenty generals in George Washington's Army, and Audie Murphy, the most highly decorated soldier in World War II; and
Whereas, Irish immigrants and Irish-Americans have distinguished themselves in the fields of commerce, entertainment, and the arts; through the ingenuity and spirit of innovation exemplified by Henry Ford, the award-winning talents of Bing Crosby, and the thought provoking works produced by South Carolina natives Kathy Conner and Frank Conroy. Now, therefore,
Be it resolved by the House of Representatives:
That the House of Representatives of the State of South Carolina recognize the month of March as "Irish Heritage Month" in celebration and appreciation of all of the contributions that Irish immigrants and Irish-Americans have made and continue to make to this nation and our State.
Be it further resolved that a copy of this resolution be forwarded to the President of the Ancient Order of Hibernians.
The Resolution was adopted.
The following was taken up for immediate consideration:
S. 408 (Word version) -- Senator Alexander: A CONCURRENT RESOLUTION TO DECLARE THE WEEK OF FEBRUARY 6-12, 2005, AS BURN AWARENESS WEEK IN SOUTH CAROLINA AND TO COMMEND THE SHRINERS OF NORTH AMERICA FOR PROMOTING BURN SAFETY AND AWARENESS.
Whereas, severe burn injuries are a leading cause of deaths and injuries in North America, especially among young children; and
Whereas, every year more than two million people suffer burn injuries of some kind, and more than one of every three burn victims are children; and
Whereas, the Shriners of North America operates four Shriners Hospitals that provide medical care totally free of charge to severely burned children; and
Whereas, the Shriners of North America and Shriners Hospitals join with other burn facilities across the nation in recognizing the seriousness of this hazard and the urgent need to educate the public about burn prevention and fire safety; and
Whereas, it is fitting and appropriate to acknowledge the contributions of the Shriners of North America and to commend the Shriners for their continued support and care for young burn victims. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly, by this resolution, declare the week of February 6-12, 2005, as Burn Awareness Week in South Carolina and commend the Shriners of North America for promoting burn safety and awareness.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 487 (Word version) -- Senators Setzler and Knotts: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE MARC H. WESTBROOK, CIRCUIT JUDGE OF THE ELEVENTH CIRCUIT, SEAT 2, FOR HIS TRULY DISTINGUISHED CAREER AS A MEMBER OF OUR STATE'S JUDICIARY AND TO CONGRATULATE AND EXTEND BEST WISHES TO JUDGE WESTBROOK AND LEXINGTON COUNTY ON THE OCCASION OF THE NAMING OF THE MAIN COURTROOM IN THE NEW LEXINGTON COUNTY JUDICIAL CENTER IN HIS HONOR.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 496 (Word version) -- Senators Patterson, Courson, Lourie and Jackson: A CONCURRENT RESOLUTION TO RECOGNIZE BISHOP EDWARD SMITH, PASTOR OF THE PROGRESSIVE CHURCH OF OUR LORD JESUS CHRIST, INC., FOR HIS OUTSTANDING LEADERSHIP IN THE CHURCH AND COMMUNITY ON PASTOR APPRECIATION DAY, AND DECLARE FEBRUARY 27, 2005, AS BISHOP EDWARD SMITH DAY.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3566 (Word version) -- Rep. Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-25 SO AS TO REQUIRE A HOSPITAL TO GIVE PATIENTS BEING DISCHARGED FROM THE EMERGENCY ROOM, THE OPTION OF RECEIVING A SEVENTY-TWO HOUR SUPPLY OF ANY MEDICATIONS BEING PRESCRIBED.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 3567 (Word version) -- Reps. Barfield, Altman, Bales, Clemmons, Martin, Sinclair, G. R. Smith, J. R. Smith and Witherspoon: A BILL TO AMEND SECTION 1-11-730, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS ELIGIBLE TO PARTICIPATE IN THE STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO ALLOW A MEMBER OF THE GOVERNING BOARD OF A PUBLIC INSTITUTION OF HIGHER LEARNING TO PARTICIPATE IN THE PLAN BY PAYING THE FULL PREMIUM COSTS AS DETERMINED BY THE STATE BUDGET AND CONTROL BOARD.
Referred to Committee on Ways and Means
H. 3568 (Word version) -- Rep. Rice: A BILL TO AMEND CHAPTER 25, TITLE 43, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA COMMISSION FOR THE BLIND, SO AS TO ESTABLISH THE DIVISION OF SERVICES FOR THE BLIND WITHIN THE SOUTH CAROLINA STATE AGENCY FOR VOCATIONAL REHABILITATION, TO ABOLISH THE COMMISSION AND TRANSFER ITS POWERS, DUTIES, AND RESPONSIBILITIES TO THE SOUTH CAROLINA STATE AGENCY FOR VOCATIONAL REHABILITATION, RETAINING CERTAIN PROGRAM RESPONSIBILITIES FOR THE DIVISION AND MERGING OTHER RESPONSIBILITIES, INCLUDING ADMINISTRATIVE FUNCTIONS OF THE FORMER COMMISSION WITH THE STATE AGENCY FOR VOCATIONAL REHABILITATION; TO AMEND CHAPTER 31, TITLE 43, RELATING TO VOCATIONAL REHABILITATION, SO AS TO PROVIDE THAT THE GOVERNOR, RATHER THAN THE
H. 3569 (Word version) -- Rep. Bailey: A BILL TO AMEND ACT 536 OF 1986, AS AMENDED, RELATING TO THE ELECTION OF THE BOARD OF TRUSTEES FOR SUMMERVILLE SCHOOL DISTRICT NO. 2 IN DORCHESTER COUNTY, SO AS TO CHANGE THE BOUNDARY THAT SEPARATES SUMMERVILLE SCHOOL DISTRICT NO. 2 IN DORCHESTER COUNTY AND SCHOOL DISTRICT NO. 4 IN DORCHESTER COUNTY; AND TO DESIGNATE A MAP NUMBER FOR THE MAP ON WHICH THESE LINES OF THE ELECTION DISTRICTS FOR TRUSTEES ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
Referred to Dorchester Delegation
H. 3570 (Word version) -- Reps. Simrill, Norman, Moody-Lawrence and Kirsh: A BILL TO AMEND SECTION 30-4-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHT TO INSPECT OR COPY PUBLIC RECORDS, SO AS TO DELETE THE PROVISION WHICH AUTHORIZES A REQUESTOR TO MAKE A REQUEST WITHOUT MAKING IT IN WRITING; AND TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO MATTERS EXEMPT FROM DISCLOSURE FOR PURPOSES OF THE FREEDOM OF INFORMATION ACT, SO AS TO EXEMPT DOCUMENTS AND OTHER INFORMATION CONTAINING DISCIPLINARY ACTIONS TAKEN AGAINST AN EMPLOYEE OF A PUBLIC BODY.
Referred to Committee on Judiciary
S. 135 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 42-7-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976,
The roll call of the House of Representatives was taken resulting as follows:
Agnew Allen Altman Anderson Anthony Bailey Bales Ballentine Barfield Battle Bingham Bowers Brady Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Coates Cobb-Hunter Cooper Dantzler Delleney Duncan Edge Emory Frye Funderburk Govan Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hiott Hosey Huggins Jefferson Jennings Kennedy Kirsh Leach Lee Limehouse Littlejohn Loftis Lucas Mack Mahaffey Martin McCraw McGee McLeod Merrill Miller Moody-Lawrence J. M. Neal Norman Ott Owens Parks
Perry Phillips Pinson E. H. Pitts M. A. Pitts Rhoad Rice 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 Walker Weeks White Whitmire Wilkins Witherspoon Young
I came in after the roll call and was present for the Session on Wednesday, February 16.
G. Murrell Smith Ralph Davenport Thad Viers Jackson "Seth" Whipper Creighton Coleman Denny Neilson Joseph Neal Leon Howard Alex Harvin
Rep. WALKER signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, January 19.
Announcement was made that Dr. Jennifer Root of Columbia is the Doctor of the Day for the General Assembly.
Reps. TALLEY and SINCLAIR presented to the House the Dorman High School "Cavaliers" Girls Volleyball Team and the Girls Varsity Cross Country Team, the 2004 Class AAAA 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. 3110 (Word version)
Date: ADD:
02/16/05 BOWERS
Bill Number: H. 3110 (Word version)
Date: ADD:
02/16/05 OTT
Bill Number: H. 3110 (Word version)
Date: ADD:
02/16/05 DELLENEY
Bill Number: H. 3110 (Word version)
Date: ADD:
02/16/05 TALLEY
Bill Number: H. 3110 (Word version)
Date: ADD:
02/16/05 SCARBOROUGH
Bill Number: H. 3110 (Word version)
Date: ADD:
02/16/05 HIOTT
Bill Number: H. 3110 (Word version)
Date: ADD:
02/16/05 MCGEE
Bill Number: H. 3110 (Word version)
Date: ADD:
02/16/05 J. R. SMITH
Bill Number: H. 3110 (Word version)
Date: ADD:
02/16/05 ALTMAN
Bill Number: H. 3110 (Word version)
Date: ADD:
02/16/05 ANTHONY
Bill Number: H. 3213 (Word version)
Date: ADD:
02/16/05 HASKINS
Bill Number: H. 3213 (Word version)
Date: ADD:
02/16/05 HUGGINS
Bill Number: H. 3235 (Word version)
Date: ADD:
02/16/05 R. BROWN
Bill Number: H. 3272 (Word version)
Date: ADD:
02/16/05 HAGOOD
Bill Number: H. 3272 (Word version)
Date: ADD:
02/16/05 SCARBOROUGH
Bill Number: H. 3272 (Word version)
Date: ADD:
02/16/05 LIMEHOUSE
Bill Number: H. 3338 (Word version)
Date: ADD:
02/16/05 HASKINS
Bill Number: H. 3384 (Word version)
Date: ADD:
02/16/05 MAHAFFEY
Bill Number: H. 3431 (Word version)
Date: ADD:
02/16/05 R. BROWN
Bill Number: H. 3436 (Word version)
Date: ADD:
02/16/05 BARFIELD
Bill Number: H. 3436 (Word version)
Date: ADD:
02/16/05 VIERS
Bill Number: H. 3436 (Word version)
Date: ADD:
02/16/05 G. BROWN
Bill Number: H. 3436 (Word version)
Date: ADD:
02/16/05 BINGHAM
Bill Number: H. 3488 (Word version)
Date: ADD:
02/16/05 RHOAD
Bill Number: H. 3488 (Word version)
Date: ADD:
02/16/05 JENNINGS
Bill Number: H. 3453 (Word version)
Date: ADD:
02/16/05 BARFIELD
Bill Number: H. 3539 (Word version)
Date: ADD:
02/16/05 AGNEW
Bill Number: H. 3530 (Word version)
Date: ADD:
02/16/05 J.R. SMITH
Bill Number: H. 3296 (Word version)
Date: REMOVE:
02/16/05 R. BROWN
Rep. WHITMIRE moved to adjourn debate upon the following Bill until Tuesday, February 22, which was adopted:
S. 223 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 5-31-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MUNICIPALITIES WITH NO BOARD OF COMMISSIONERS OF PUBLIC WORKS, SO AS TO PROVIDE THAT FOR THE CITY OF WESTMINSTER, THE DUTIES OF THE BOARD OF COMMISSIONERS OF PUBLIC WORKS SHALL DEVOLVE UPON THE CITY COUNCIL ON JULY 1, 2005.
The following Bills and Joint Resolution were taken up, read the third time, and ordered sent to the Senate:
H. 3126 (Word version) -- Reps. Duncan, Rice and M. A. Pitts: A BILL TO AMEND SECTION 56-3-1250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE, CONTENT, POSSESSION, AND DISPLAY OF A VEHICLE REGISTRATION CARD, AND THE PENALTY FOR THE FAILURE OF THE OWNER OF A VEHICLE TO SIGN THE VEHICLE'S REGISTRATION CARD, SO AS TO DELETE THE PROVISION THAT REQUIRES A VEHICLE OWNER TO SIGN THE VEHICLE'S REGISTRATION CARD AND THE PENALTY FOR THE FAILURE OF THE OWNER OF A VEHICLE TO SIGN THE VEHICLE'S REGISTRATION CARD.
H. 3250 (Word version) -- Reps. White, Weeks, Hamilton, Leach, Walker, Davenport, Mahaffey, Young and Allen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 25 TO TITLE 37 SO AS TO PROVIDE FOR LIMITATIONS ON THE DISPENSING OF OPHTHALMIC LENSES WITHOUT A VALID UNEXPIRED PRESCRIPTION FROM A LICENSED DISPENSER, TO PROVIDE MINIMUM REQUIREMENTS FOR THE ISSUANCE OF A PRESCRIPTION,
H. 3512 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA STATE LIBRARY, RELATING TO CERTIFICATION PROGRAM FOR PUBLIC LIBRARIANS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2899, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bill was taken up:
H. 3372 (Word version) -- Reps. Rhoad, Whipper, Bowers, E. H. Pitts, Vick, Phillips, Witherspoon, Tripp, Anderson, Anthony, Barfield, Branham, Breeland, G. Brown, R. Brown, Dantzler, Frye, Hamilton, Hardwick, Haskins, Kirsh, Leach, McGee, Owens, Perry, Pinson, Rice, Sinclair, D. C. Smith, G. R. Smith, J. R. Smith, Stewart, Toole, Umphlett and Young: A BILL TO AMEND SECTION 50-5-1705, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CATCH LIMITS FOR CERTAIN SALTWATER FISH, SO AS TO CHANGE THE CATCH LIMIT FOR RED DRUM FROM TWO TO FIVE IN ANY ONE DAY.
Rep. RHOAD proposed the following Amendment No. 2 (Doc Name COUNCIL\GJK\20245SD05), which was adopted:
Amend the bill, as and if amended, in Section 50-5-1705(D) of the 1976 Code, as contained in SECTION 1, on line 24, page 1, by striking /five / and inserting / three /
Renumber sections to conform.
Amend title to conform.
Rep. RHOAD explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up, read the second time, and ordered to a third reading:
H. 3193 (Word version) -- Reps. W. D. Smith, Clemmons, Barfield, Viers, Edge, Miller, Anderson and Hardwick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-53-110 SO AS TO PROVIDE THAT A TECHNICAL EDUCATION INSTITUTION UNDER THE CONTROL OF THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION MAY CHANGE ITS NAME PURSUANT TO CERTAIN CIRCUMSTANCES.
Rep. SKELTON explained the Bill.
The motion period was dispensed with on motion of Rep. CATO.
Rep. CATO moved that the House recur to the Morning Hour, which was agreed to.
The following was introduced:
H. 3571 (Word version) -- Reps. Thompson, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Toole, Townsend, Tripp,
The Resolution was adopted.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3572 (Word version) -- Reps. Sandifer and Whitmire: A BILL TO AMEND ARTICLE 5, CHAPTER 9, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING AND FISHING LICENSES, BY ADDING SECTION 50-9-545 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO TAKE STRIPED BASS, HYBRID STRIPED BASS, BROOK TROUT, BROWN TROUT, RAINBOW TROUT, OR SMALL MOUTH BASS IN THE WATERS OF THIS STATE WITHOUT FIRST PROCURING A STATE FISHERIES HATCHERY PERMIT AND HAVING A VALID PERMIT IN THEIR POSSESSION WHILE FISHING OR TRANSPORTING STRIPED BASS, HYBRID STRIPED BASS, BROOK TROUT, BROWN TROUT, RAINBOW TROUT, OR SMALL MOUTH BASS CAUGHT IN THE WATERS OF THIS STATE, TO PROVIDE FOR FURNISHING THE PERMIT AND FOR USE OF THE PROCEEDS FROM THE SALE OF THE PERMIT, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 3573 (Word version) -- Reps. Clark, Haley, Ballentine, Moody-Lawrence, Anthony, R. Brown, Clyburn, Frye, Hosey, Huggins, Mack, Mahaffey, J. H. Neal, J. M. Neal, Rice, D. C. Smith, J. R. Smith, Townsend, Vaughn and Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 63 OF TITLE 59 SO AS TO ENACT THE "SAFE SCHOOLS ACT" TO PREVENT SCHOOL HARASSMENT, INTIMIDATION, OR BULLYING, TO INSTRUCT LOCAL
The motion period was dispensed with on motion of Rep. CHELLIS.
The following Bill was taken up:
H. 3008 (Word version) -- Reps. Cato, Bales, Clark, Barfield, Huggins, Frye, Sandifer, E. H. Pitts, Taylor, Anthony, Bailey, Battle, Bingham, Ceips, Chalk, Chellis, Clemmons, Cooper, Dantzler, Davenport, Duncan, Edge, Hamilton, Hardwick, Harrell, Hinson, Kirsh, Leach, Limehouse, Littlejohn, Loftis, McCraw, Norman, Owens, Perry, Pinson, Rice, Simrill, Skelton, D. C. Smith, G. R. Smith, J. R. Smith, Stewart, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, White, Whitmire, Wilkins, Witherspoon, Coates, Brady, Ballentine, Ott, Mahaffey, Haley, Hagood, Bowers and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 32 TO TITLE 15, SO AS TO ENACT THE "SOUTH CAROLINA ECONOMIC DEVELOPMENT, CITIZENS, AND SMALL BUSINESS PROTECTION ACT OF 2005", PROVIDING FOR DEFINITIONS OF THE TERMS "DAMAGES", "FAULT", AND "PERSON", SEVERAL LIABILITY IN AN ACTION FOR PERSONAL INJURY, PROPERTY DAMAGE, OR WRONGFUL DEATH, A PROCEDURE FOR ASSESSING PERCENTAGES OF FAULT, JOINT LIABILITY ON ALL WHO CONSCIOUSLY AND DELIBERATELY PURSUE A COMMON PLAN TO COMMIT A TORTIOUS ACT, PLACEMENT OF THE BURDEN OF PROVING FAULT ON THE PERSON SEEKING TO ESTABLISH FAULT, AND AN EXCEPTION TO THE PROVISIONS OF THE CHAPTER; TO AMEND SECTION 15-3-640, RELATING TO AN ACTION BASED UPON A DEFECTIVE OR UNSAFE IMPROVEMENT TO REAL PROPERTY, SO AS TO DECREASE THE TIME AN ACTION MAY BE BROUGHT FROM THIRTEEN TO SIX YEARS AFTER THE SUBSTANTIAL COMPLETION OF THE IMPROVEMENT; TO AMEND SECTION 15-7-30, RELATING TO ACTIONS THAT MUST BE TRIED
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7143AHB05), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. This act may be cited as the "South Carolina Economic Development, Citizens, and Small Business Protection Act of 2005".
SECTION 2. The General Assembly finds that the sections presented in this act constitute one subject as required by Article III, Section 17 of the South Carolina Constitution, in particular finding that each change and each topic relates directly to or in conjunction with other sections to the subject of tort and other civil action reform as clearly enumerated in the title.
The General Assembly further finds that a common purpose or relationship exists among the sections, representing a potential plurality but not disunity of topics, notwithstanding that reasonable minds might differ in identifying more than one topic contained in the bill.
SECTION 3. Chapter 38, Title 15 is amended to read:
Section 15-38-10. This chapter may be cited as the Uniform Contribution Among Tortfeasors Act.
Section 15-38-15. (A) In an action to recover damages resulting from personal injury, wrongful death, or damage to property, if the damages are determined to be proximately caused by more than one defendant, each defendant against whom recovery is allowed is liable to the claimant only for the defendant's proportionate share of the recoverable damages except as provided in subsection (D).
(B) The proportionate share of damages for which each defendant is liable is calculated by multiplying the damages by a fraction in which the numerator is the defendant's percentage of liability determined pursuant to subsection (C), and the denominator is the total of the percentages of liability determined pursuant to subsection (C), to be attributable to all defendants whose actions are a proximate cause of the injury, death, or damage to property including settled or released persons pursuant to Section 15-38-50. A percentage of liability attributable to the claimant may not be included in the denominator of the fraction.
(C) The jury or court, if there is no jury, shall specify:
(1) the amount of damages;
(2) findings of fact necessary for the court to specify recoverable damages; and
(3) the percentage of liability that proximately caused the injury, death, or damage to property in relation to one hundred percent, that is attributable to each defendant whose actions are a proximate cause of the injury, death, or damage to property including settled or released persons pursuant to Section 15-38-50.
(D)(1) Upon motion by the claimant to open the judgment filed, after good faith efforts by the claimant to collect from a liable defendant, at least one year but not more than two years after judgment becomes final through lapse of time or through exhaustion of appeal, whichever occurs later, the court shall determine whether all or part of a defendant's proportionate share of the recoverable damages is not collectible from that defendant, and shall reallocate that amount among the other defendants in accordance with the provisions of this section.
(2) The court shall order that the portion of the amount not collectible be reallocated among the other defendants. The court shall reallocate to the other defendants an amount equal to the amount not collectible of recoverable damages multiplied by a fraction in which
(3) The defendant whose liability is reallocated remains subject to contribution pursuant to the provisions of this chapter and to any continuing liability to the claimant on the judgment.
Section 15-38-20. (A) Except as otherwise provided in this chapter, where two or more persons become jointly or severally liable in tort for the same injury to person or property or for the same wrongful death, there is a right of contribution among them even though judgment has not been recovered against all or any of them.
(B) The right of contribution exists only in favor of a tortfeasor who has paid more than his pro rata proportionate share of the common liability as determined by the jury or court at the time of judgment, and his total recovery is limited to the amount paid by him in excess of his pro rata proportionate share as determined by the jury or court at the time of judgment. No tortfeasor is compelled to make contribution beyond his own pro rata proportionate share of the entire liability as determined by the jury or court at the time of judgment.
(C) There is no right of contribution in favor of any tortfeasor who has intentionally caused or contributed to the injury or wrongful death.
(D) A tortfeasor who enters into a settlement with a claimant is not entitled to recover contribution from another tortfeasor whose liability for the injury or wrongful death is not extinguished by the settlement nor in respect to any amount paid in a settlement which is in excess of what was reasonable.
(E) A liability insurer, who by payment has discharged in full or in part the liability of a tortfeasor and has thereby discharged in full its obligation as insurer, is subrogated to the tortfeasor's right of contribution to the extent of the amount it has paid in excess of the tortfeasor's pro rata proportionate share of the common liability as determined by the jury or court at the time of judgment. This provision does not limit or impair any right of subrogation arising from any other relationship.
(F) This chapter does not impair any right of indemnity under existing law. Where one tortfeasor is entitled to indemnity from another, the right of the indemnity obligee is for indemnity and not contribution, and the indemnity obligor is not entitled to contribution from the obligee for any portion of his indemnity obligation.
(G) This chapter does not apply to breaches of trust or of other fiduciary obligation.
Section 15-38-30. In determining the pro rata shares of tortfeasors in the entire liability (1) their relative degrees of fault shall not be considered; (2) if equity requires, the collective liability of some as a group shall constitute a single share; and (3) principles of equity applicable to contribution generally shall apply.
Section 15-38-40. (A) Whether or not judgment has been entered in an action against two or more tortfeasors for the same injury or wrongful death, contribution may be enforced by separate action.
(B) Where a judgment has been entered in an action against two or more tortfeasors for the same injury or wrongful death, contribution may be enforced in that action by judgment in favor of one against other judgment defendants by motion upon notice to all parties to the action. Provided, however, contribution may not be enforced in the action until the issue of liability, and the resulting damages against the defendant or defendants named in the action, and the proportionate fault of the defendant is determined. Once the issue of liability has been resolved, subject to Section 15-38-20(B), a defendant has the right to seek contribution against any judgment defendant and other persons who were not made parties to the action.
(C) If there is a judgment for the injury or wrongful death against the tortfeasor seeking contribution, any separate action by him to enforce contribution must be commenced within one year after the party seeking contribution has made the final payment in excess of that party's share of the judgment after the judgment has become final by lapse of time for appeal or after appellate review.
(D) If there is no judgment for the injury or wrongful death against the tortfeasor seeking contribution, his right of contribution is barred unless he has either (1) discharged by payment the common liability within the statute of limitations period applicable to claimant's right of action against him and has commenced his action for contribution within one year after payment, or (2) agreed while action is pending against him to discharge the common liability and has within one year after the agreement paid the liability and commenced his action for contribution.
(E) The recovery of a judgment for an injury or wrongful death against one tortfeasor does not of itself discharge the other tortfeasors from liability for the injury or wrongful death unless the judgment is satisfied. The satisfaction of the judgment does not impair any right of contribution.
(F) The judgment of the court in determining the liability of the several defendants to the claimant for an injury or wrongful death shall be binding as among such defendants in determining their right to contribution.
Section 15-38-50. When a release or a covenant not to sue or not to enforce judgment is given in good faith to one of two or more persons liable in tort for the same injury or the same wrongful death:
(1) it does not discharge any of the other tortfeasors from liability for the injury or wrongful death unless its terms so provide, but it reduces the claim against the others to the extent of any amount stipulated by the release or the covenant, or in the amount of the consideration paid for it, whichever is the greater; and
(2) it discharges the tortfeasor to whom it is given from all liability for contribution to any other tortfeasor.
Section 15-38-60. This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those that enact it.
Section 15-38-65. No payment shall be made from state appropriated funds or other public funds to satisfy claims or judgments against governmental entities or governmental employees acting within the scope of their official duties arising under the Uniform Contribution Among Tortfeasors Act. The South Carolina Tort Claims Act is the exclusive and sole remedy for any tort committed by an employee of a governmental entity while acting within the scope of his official duty. The Uniform Contribution Among Tortfeasors Act shall not apply to governmental entities.
Section 15-38-70. All acts or parts of acts which are inconsistent with the provisions of this chapter are hereby repealed."
SECTION 4. Section 15-3-640 of the 1976 Code is amended to read:
"Section 15-3-640. (A) No actions An action to recover damages based upon or arising out of the defective or unsafe condition of an improvement to real property may not be brought more than thirteen eight years after substantial completion of such an the improvement. For purposes of this section, an action based upon or arising out of the defective or unsafe condition of an improvement to real property includes an action:
(1) an action to recover damages for breach of a contract to construct or repair an improvement to real property;
(2) an action to recover damages for the negligent construction or repair of an improvement to real property;
(3) an action to recover damages for personal injury, death, or damage to property;
(4) an action to recover damages for economic or monetary loss;
(5) an action in contract or in tort or otherwise;
(6) an action for contribution or indemnification for damages sustained on account of an action described in this subdivision;
(7) an action against a surety or guarantor of a defendant described in this section;
(8) an action brought against any a current or prior owner of the real property or improvement, or against any other another person having a current or prior interest in the real property or improvement;
(9) an action against owners an owner or manufacturers a manufacturer of components, or against any a person furnishing materials, or against any a person who develops real property, or who performs or furnishes the design, plans, specifications, surveying, planning, supervision, testing, or observation of construction, or construction of an improvement to real property, or a repair to an improvement to real property.
(B) This section describes sets forth an outside limitation of thirteen eight years after the substantial completion of the improvement, within which normal statutes of limitations continue to run.
(C) Any A building permit for the construction of an improvement to real property shall must contain in bold type notice to the owner or possessor of the property of his rights under pursuant to the provisions of this section to contract for a guarantee of the structure being free from defective or unsafe conditions beyond thirteen eight years after substantial completion of the improvement. The Department of Consumer Affairs shall publish in conspicuous places the right of any an owner or a possessor to contract for such extended liability under pursuant to the provisions of this section. Nothing in this section shall prohibit any prohibits a person from entering into any a contractual agreement prior to before the substantial completion of the improvement which extends any a guarantee of a structure or component being free from defective or unsafe conditions beyond thirteen eight years after substantial completion of the improvement or component."
SECTION 5. Section 15-7-30 of the 1976 Code is amended to read:
"Section 15-7-30. (A) As used in this section:
( 1) 'Domestic corporation' means a 'domestic corporation' as defined in Section 33-1-400.
( 2) 'Domestic limited partnership' means a 'domestic limited partnership' as defined in Section 33-42-20.
( 3) 'Domestic limited liability company' means a 'domestic limited liability partnership' as defined in Section 33-41-1110 with its principal place of business within this State.
( 4) 'Domestic limited liability partnership' means a 'domestic limited liability partnership' as defined in Section 33-41-1110 with its principal place of business within this State.
( 5) 'Foreign corporation' means a 'foreign corporation' as defined in Section 33-1-400.
( 6) 'Foreign limited partnership' means a 'foreign limited partnership' as defined in Section 33-42-20.
( 7) 'Foreign limited liability company' means a 'foreign limited liability partnership' as defined in Section 33-41-1150 with its principal place of business outside of the State.
( 8) 'Foreign limited liability partnership' means a 'foreign limited liability partnership' as defined in Section 33-41-1150 with its principal place of business outside of the State.
( 9) 'Nonresident individual' means a person who is not domiciled in this State.
(10) 'Principal place of business' means:
(a) the corporation's home office location from which the corporation's officers direct, control, or coordinate its activities within the State;
(b) the location of the corporation's manufacturing, sales, or purchasing facility within the State if the corporation does not have a home office within the State; or
(c) the location at which the majority of corporate activity takes place if the corporation has multiple centers of manufacturing, sales, or purchasing located within the State. The following factors may be considered when determining the location at which the majority of corporate activity takes place:
( i) the number of employees located in any one county;
( ii) the authority of the employees located in any one county; and
(iii) the tangible corporate assets that exist in any one county; and
(11) 'Resident individual' means a person who is domiciled in this State.
(B) In all other cases not provided for in Sections 15-7-10, 15-7-20, or 15-78-100, and except as provided in Section 15-7-100, the action shall must be tried in the county in which the defendant resides at the time of the commencement of the action it properly may be brought and tried against the defendant according to the provisions of this section. If there be is more than one defendant, then the action may be tried in any county in which one or more of the defendants to such action resides at the time of the commencement of the an action properly may be maintained against one of the defendants pursuant to this section. If none of the parties shall reside in the State the action may be tried in any county which the plaintiff shall designate in his complaint. This section is subject however to the power of the court to change the place of trial in certain cases as provided by law.
(C) A civil action tried pursuant to this section against a resident individual defendant must be brought and tried in the county in which the:
(1) plaintiff resides at the time the cause of action arose;
(2) defendant resides at the time the cause of action arose; or
(3) cause of action arose.
(D) A civil action tried pursuant to this section against a nonresident individual defendant must be brought and tried in the county in which the:
(1) plaintiff resides at the time the cause of action arose; or
(2) cause of action arose.
(E) A civil action tried pursuant to this section against a domestic corporation, domestic limited partnership, domestic limited liability company, or domestic limited liability partnership must be brought and tried in the county in which the:
(1) plaintiff resides at the time the cause of action arose;
(2) corporation's principal place of business at the time the cause of action arose; or
(3) cause of action arose.
(F) A civil action tried pursuant to this section against a foreign corporation, foreign limited partnership, foreign limited liability company, or foreign limited liability partnership must be brought and tried in the county in which the:
(1) plaintiff resides at the time the cause of action arose;
(2) foreign corporation, foreign limited partnership, foreign limited liability company, or foreign limited liability partnership has its principal place of business in this State at the time the cause of action arose; or
(3) cause of action arose."
SECTION 6. Section 15-36-10 of the 1976 Code, as last amended by Act 432 of 1988, is further amended to read:
"Section 15-36-10. (A)(1) Any person who takes part in the procurement, initiation, continuation, or defense of any civil proceeding is subject to being assessed for payment of all or a portion of the attorney's fees and court costs of the other party if:
(1) he does so primarily for a purpose other than that of securing the proper discovery, joinder of parties, or adjudication of the claim upon which the proceedings are based; and
(2) the proceedings have terminated in favor of the person seeking an assessment of the fees and costs. Each pleading filed in a civil or administrative action on behalf of a party who is represented by an attorney must be signed by at least one attorney of record who is an active member of the South Carolina Bar and must include the address and telephone number of the attorney signing the document.
(2) Each document filed in a civil or administrative action by a party who is not represented by an attorney must be signed by the party and must include the address and telephone number of the party.
(3) The signature of an attorney or a pro se litigant constitutes a certificate to the court that he:
(a) has read the document;
(b) reasonably believes that under the facts his claim may be warranted under the existing law or, if it is not warranted under the existing law, a good faith argument exists for the extension, modification, or reversal of existing law;
(c) believes in good faith that his procurement, initiation, continuation, or defense of a civil cause is not intended to merely harass or injure the other party; and
(d) believes that it is not frivolous, interposed for delay, or brought for a purpose other than securing proper discovery, joinder of parties, or adjudication of the claim upon which the proceedings are based.
(4) An attorney or pro se litigant participating in a civil or administrative action or defense may be sanctioned for filing a frivolous pleading, motion, or document and for making frivolous arguments.
(5) A party may be sanctioned if he fails in good faith to fully disclose facts necessary to put his attorney under notice that the claim or defense he seeks is frivolous.
(B)(1) If a document is not signed or does not comply with this section, it must be stricken unless it is signed promptly after the omission is called to the attention of the attorney or the party.
(2) If a document is signed in violation of this section or a party has violated subsection (A)(4), the court, upon its own motion or the motion of a party or by petition in collateral proceedings, may impose an appropriate sanction upon the person in violation.
(3) Sanctions may include:
(a) an order for the party or pro se litigant to pay the reasonable costs and attorneys fees;
(b) an order for the attorney to pay a reasonable fine to be paid to the court; or
(c) a directive of a nonmonetary nature designed to deter the person from bringing a future frivolous action or an action in bad faith.
(4) In determining whether an attorney, pro se litigant, or party has violated this act, the court shall take into account the:
(a) number of parties;
(b) complexity of the claims and defenses;
(c) length of time available to the attorney or party to investigate and conduct discovery; and
(d) information disclosed or undisclosed to the attorney or pro se litigant through discovery and adequate investigation.
(C) A person is entitled to notice and an opportunity to respond before the imposition of sanctions pursuant to the provisions of this section. A court or party proposing a sanction pursuant to the provisions of this section shall notify the court and all parties of the conduct determined to constitute a violation of the provisions of this section and explain the basis for the potential sanction imposed. Upon notification the attorney or party has thirty days to:
(1) withdraw the document or argument constituting a violation of the provisions of this section;
(2) respond to the allegations of violation of the provisions of this section; or
(3) mitigate the effects of the violation of the provisions of this section in a manner the court deems tantamount to withdrawal pursuant to subsection (C)(1); and
(4) provide all parties and the court with:
(a) written notification of withdrawal as in subsection (C)(1);
(b) a copy of the response indicated in subsection (C)(2); or
(c) an explanation of mitigation indicated in subsection (C)(3).
(D) The provisions of this section apply in addition to all other remedies available at law or in equity."
SECTION 7. Section 36-2-803 of the 1976 Code is amended to read:
"Section 36-2-803. (1) A court may exercise personal jurisdiction over a person who acts directly or by an agent as to a cause of action arising from the person's:
(a) transacting any business in this State;
(b) contracting to supply services or things in the this State;
(c) commission of a tortious act in whole or in part in this State;
(d) causing tortious injury or death in this State by an act or omission outside this State if he regularly does or solicits business, or engages in any other persistent course of conduct, or derives substantial revenue from goods used or consumed or services rendered, in this State; or
(e) having an interest in, using, or possessing real property in this State; or
(f) contracting to insure any person, property or risk located within this State at the time of contracting; or
(g) entry into a contract to be performed in whole or in part by either party in this State; or
(h) production, manufacture, or distribution of goods with the reasonable expectation that those goods are to be used or consumed in this State and are so used or consumed.
(2) When jurisdiction over a person is based solely upon this section, only a cause of action arising from acts enumerated in this section may be asserted against him, and such action, if brought in this State, shall not be subject to the provisions of Section 15-7-100 (3)."
SECTION 8. Sections 15-36-20, 15-36-30, 15-36-40, 15-36-50, and 58-23-90 of the 1976 Code are repealed.
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 this act, 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,
Rep. DELLENEY explained the amendment.
Rep. CATO moved to table the amendment.
Rep. J. E. SMITH demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Anderson Anthony Bailey Bales Ballentine Barfield Battle Bingham Bowers Brady Branham G. Brown Cato Ceips Chalk Chellis Clark Clemmons Coates Cobb-Hunter Cooper Dantzler Davenport Duncan Edge Emory Frye Govan Haley Hamilton Hardwick Harrell Haskins Hayes Herbkersman
J. Hines M. Hines Hinson Hiott Huggins Kennedy Kirsh Leach Lee Limehouse Littlejohn Loftis Mahaffey Martin McCraw Merrill Miller J. M. Neal Norman Ott Owens Perry Phillips E. H. Pitts M. A. Pitts Rhoad Rice Sandifer Scarborough Simrill Skelton D. C. Smith G. R. Smith J. R. Smith W. D. Smith Stewart Taylor Thompson Toole Townsend Tripp Umphlett Vaughn Vick Viers Walker Weeks White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Allen Altman Breeland Clyburn Coleman Delleney Funderburk Hagood Harrison Hosey Jennings Lucas Mack McGee McLeod Moody-Lawrence J. H. Neal Rutherford Scott Sinclair F. N. Smith G. M. Smith J. E. Smith Talley Whipper
So, the amendment was tabled.
Reps. WILKINS, HARRISON and CATO proposed the following Amendment No. 2 (Doc Name COUNCIL\MS\7291AHB05), which was adopted:
The General Assembly further finds that a common purpose or relationship exists among the sections, representing a potential plurality but not disunity of topics, notwithstanding that reasonable minds might differ in identifying more than one topic contained in the bill.
SECTION 3. Title 15 of the 1976 Code is amended by adding:
Section 15-32-10. Unless the context clearly requires otherwise, as used in this section:
(1) 'Damages' means pain, suffering, inconvenience, physical impairment, disfigurement, mental anguish, emotional distress, loss of society and companionship, loss of consortium, injury to reputation, humiliation, another theory of damages, including, but not limited to, fear of loss or illness or injury, loss of earnings and earning capacity, loss of income, medical expenses and medical care, rehabilitation services, custodial care, burial costs, loss of use of property, costs of repair or replacement of property, costs of obtaining substitute domestic services, loss of employment, loss of business or employment opportunities, and other objectively verifiable monetary losses. Damages does not include punitive damages.
(2) 'Fault' means an act or omission of a person which is a proximate cause of injury or death to another person, damages to property, tangible or intangible, or economic injury including, but not limited to, negligence, malpractice, strict liability, absolute liability, or failure to warn. Fault does not include a tort resulting from an act or omission committed with a specific intent to cause injury or damage to another or to property.
(3) 'Person' means an individual, corporation, company, association, firm, partnership, society, joint stock company, or other
Section 15-32-20. In an action for personal injury, property damage, or wrongful death, the liability of each defendant for damages is several only and may not be joint. Each defendant is liable only for the amount of damages allocated to that defendant in direct proportion to that defendant's percentage of fault, and a separate judgment must be rendered against the defendant for that amount. To determine the amount of judgment to be entered against each defendant, the court, with regard to each defendant, shall multiply the total amount of damages recoverable by the plaintiff by the percentage of each defendant's fault, and the amount calculated for each defendant is the maximum recoverable against that defendant.
Section 15-32-30. (A) At any time after an action is commenced against one or more defendants for personal injury, property damage, or wrongful death, a defendant may join as a co-defendant to the action any person who may be liable to the plaintiff for the personal injury, property damage, or wrongful death alleged in the plaintiff's complaint. That person must be joined to the action by service of a summons and complaint pursuant to the Rules of Civil Procedure.
(B) A defendant has one hundred twenty days following service of the summons and complaint to join a co-defendant pursuant to this section, during which time all applicable statutes of limitation are tolled.
Section 15-32-40. Joint liability must be imposed on all who consciously and deliberately pursue a common plan or design to commit a tortious act, or actively take part in it or any person or entity vicariously liable for the act of another. A person held jointly liable pursuant to the provisions of this section has a right of contribution from his fellow defendants acting in concert. A defendant must be held responsible only for the portion of fault assessed to those with whom he acted in concert pursuant to the provisions of this section.
Section 15-32-50. The burden of alleging and proving fault is upon the person who seeks to establish fault.
Section 15-32-60. This section may not be construed to create a cause of action or to alter the immunity of a person.
Section 15-32-70. This chapter does not impair any right of indemnity under existing law.
Section 15-32-80. The provisions of this chapter do not apply to a motion or an action brought pursuant to the provisions of the South
Section 15-32-90. The provisions of this chapter do not affect any right, privilege, or provision of the South Carolina Tort Claims Act as contained in Chapter 78, Title 15 or the South Carolina Solicitation of Charitable Funds Act as contained in Chapter 56, Title 33."
SECTION 4. Section 15-3-640 of the 1976 Code is amended to read:
"Section 15-3-640. (A) No actions An action to recover damages based upon or arising out of the defective or unsafe condition of an improvement to real property may not be brought more than thirteen eight years after substantial completion of such an the improvement. For purposes of this section, an action based upon or arising out of the defective or unsafe condition of an improvement to real property includes an action:
(1) an action to recover damages for breach of a contract to construct or repair an improvement to real property;
(2) an action to recover damages for the negligent construction or repair of an improvement to real property;
(3) an action to recover damages for personal injury, death, or damage to property;
(4) an action to recover damages for economic or monetary loss;
(5) an action in contract or in tort or otherwise;
(6) an action for contribution or indemnification for damages sustained on account of an action described in this subdivision;
(7) an action against a surety or guarantor of a defendant described in this section;
(8) an action brought against any a current or prior owner of the real property or improvement, or against any other another person having a current or prior interest in the real property or improvement;
(9) an action against owners an owner or manufacturers a manufacturer of components, or against any a person furnishing materials, or against any a person who develops real property, or who performs or furnishes the design, plans, specifications, surveying, planning, supervision, testing, or observation of construction, or construction of an improvement to real property, or a repair to an improvement to real property.
(B) This section describes sets forth an outside limitation of thirteen eight years after the substantial completion of the improvement, within which normal statutes of limitations continue to run.
(C) Any A building permit for the construction of an improvement to real property shall must contain in bold type notice to the owner or possessor of the property of his rights under pursuant to the provisions of this section to contract for a guarantee of the structure being free from defective or unsafe conditions beyond thirteen eight years after substantial completion of the improvement. The Department of Consumer Affairs shall publish in conspicuous places the right of any an owner or a possessor to contract for such extended liability under pursuant to the provisions of this section. Nothing in this section shall prohibit any prohibits a person from entering into any a contractual agreement prior to before the substantial completion of the improvement which extends any a guarantee of a structure or component being free from defective or unsafe conditions beyond thirteen eight years after substantial completion of the improvement or component."
SECTION 5. Section 15-7-30 of the 1976 Code is amended to read:
"Section 15-7-30 . (A) As used in this section:
(1) 'Domestic corporation' means a 'domestic corporation' as defined in Section 33-1-400.
(2) Domestic limited partnership' means a 'domestic limited partnership' as defined in Section 33-42-20.
(3) 'Domestic limited liability company' means a 'domestic limited liability partnership' as defined in Section 33-41-1110 with its principal place of business within this State.
(4) 'Domestic limited liability partnership' means a 'domestic limited liability partnership' as defined in Section 33-41-1110 with its principal place of business within this State.
(5) 'Foreign corporation' means a 'foreign corporation' as defined in Section 33-1-400.
(6) 'Foreign limited partnership' means a 'foreign limited partnership' as defined in Section 33-42-20.
(7) 'Foreign limited liability company' means a 'foreign limited liability partnership' as defined in Section 33-41-1150 with its principal place of business outside this State.
(8) 'Foreign limited liability partnership' means a 'foreign limited liability partnership' as defined in Section 33-41-1150 with its principal place of business outside this State.
(9) 'Nonresident individual' means a person who is not domiciled in this State.
(10) 'Principal place of business' means:
(a) the corporation's home office location from which the corporation's officers direct, control, or coordinate its activities within the State;
(b) the location of the corporation's manufacturing, sales, or purchasing facility within the State if the corporation does not have a home office within the State; or
(c) the location at which the majority of corporate activity takes place if the corporation has multiple centers of manufacturing, sales, or purchasing located within the State if the corporation does not have a home office within the State and has more than one manufacturing, sales, or purchasing facility within the State. The following factors may be considered when determining the location at which the majority of corporate activity takes place:
(i) the number of employees located in any one county;
(ii) the authority of the employees located in any one county;
(iii) the tangible corporate assets that exist in any one county.
(11) 'Resident individual' means a person who is domiciled in this State.
(B) In all other cases not provided for in Sections 15-7-10, 15-7-20, or 15-78-100, the action shall must be tried in the county in which the defendant resides at the time of the commencement of the action where it properly may be brought and tried against the defendant according to the provisions of this section. If there be is more than one defendant, then the action may be tried in any county in which one or more of the defendants to such action resides at the time of the commencement of the action where the action properly may be maintained against one of the defendants pursuant to this section. If none of the parties shall reside in the State the action may be tried in any county which the plaintiff shall designate in his complaint. This section is subject however to the power of the court in the county where the action properly may be maintained according to this section to change the place of trial as provided in Section 15-7-100 or as otherwise in certain cases as provided by law.
(C) A civil action tried pursuant to this section against a resident individual defendant must be brought and tried in the county in which the:
(1) defendant resides at the time the cause of action arose; or
(2) most substantial part of the alleged act or omission giving rise to the cause of action occurred.
(D) A civil action tried pursuant to this section against a nonresident individual defendant must be brought and tried in the county in which the:
(1) most substantial part of the alleged act or omission giving rise to the cause of action occurred; or
(2) plaintiff resides at the time the cause of action arose, or if the plaintiff is a domestic corporation, domestic limited partnership, domestic limited liability company, domestic limited liability partnership, foreign corporation, foreign limited partnership, foreign limited liability company, or foreign limited liability partnership, at its principal place of business at the time the cause of action arose.
(E) A civil action tried pursuant to this section against a domestic corporation, domestic limited partnership, domestic limited liability company, or domestic limited liability partnership, must be brought and tried in the county in which the:
(1) corporation, limited partnership, limited liability company, or limited liability partnership has its principal place of business at the time the cause of action arose; or
(2) most substantial part of the alleged act or omission giving rise to the cause of action occurred.
(F) A civil action tried pursuant to this section against a foreign corporation required to possess a certificate of authority pursuant to the provisions of Section 33-15-101 et seq., a foreign limited partnership required to possess a certificate of authority pursuant to the provisions of Section 33-15-101 et seq., foreign limited liability company required to possess a certificate of authority pursuant to the provisions of Section 33-15-101 et seq., or foreign limited liability partnership required to possess a certificate of authority pursuant to the provisions of Section 33-15-101 et seq. must be brought and tried in the county in which the:
(1) most substantial part of the alleged act or omission giving rise to the cause of action occurred; or
(2) foreign corporation, foreign limited partnership, foreign limited liability company, or foreign limited liability partnership has its principal place of business at the time the cause of action arose.
(G) A civil action tried pursuant to this section against a foreign corporation not required to possess a certificate of authority pursuant the provisions of Section 33-15-101 et seq., foreign limited partnership not required to possess a certificate of authority pursuant to the provisions of Section 33-15-101 et seq., foreign limited liability company not required to possess a certificate of authority pursuant to
(1) most substantial part of the alleged act or omission giving rise to the cause of action occurred;
(2) plaintiff resides at the time the cause of action arose, or if the plaintiff is a domestic corporation, domestic limited partnership, domestic limited liability company, domestic limited liability partnership, foreign corporation, foreign limited partnership, foreign limited liability company, or foreign limited liability partnership, at its principal place of business at the time the cause of action arose; or
(3) foreign corporation, foreign limited partnership, foreign limited liability company, or foreign limited liability partnership has its principal place of business at the time the cause of action arose.
(H) Owning property and transacting business in a county is insufficient in and of itself to establish the principal place of business for a corporation for purposes of this section."
SECTION 6. Section 15-36-10 of the 1976 Code, as last amended by Act 432 of 1988, is further amended to read:
"Section 15-36-10. Any person who takes part in the procurement, initiation, continuation, or defense of any civil proceeding is subject to being assessed for payment of all or a portion of the attorney's fees and court costs of the other party if:
(1) he does so primarily for a purpose other than that of securing the proper discovery, joinder of parties, or adjudication of the claim upon which the proceedings are based; and
(2) the proceedings have terminated in favor of the person seeking an assessment of the fees and costs.
As used in this chapter, "person" is defined to mean any individual, corporation, company, association, firm, partnership, society, joint stock company, and any other entity, including any governmental entity or unincorporated association of persons. (A)(1) Each pleading filed in a civil or administrative action on behalf of a party who is represented by an attorney must be signed by at least one attorney of record who is an active member of the South Carolina Bar and must include the address and telephone number of the attorney signing the document.
(2) Each document filed in a civil or administrative action by a party who is not represented by an attorney must be signed by the party and must include the address and telephone number of the party.
(3) The signature of an attorney or a pro se litigant constitutes a certificate to the court that he:
(a) has read the document;
(b) reasonably believes that under the facts his claim may be warranted pursuant to the existing law or, if it is not warranted pursuant to the existing law, a good faith argument exists for the extension, modification, or reversal of existing law;
(c) believes in good faith that his procurement, initiation, continuation, or defense of a civil cause is not intended to merely harass or injure the other party; and
(d) believes that it is not frivolous, interposed for delay, or brought for a purpose other than securing proper discovery, joinder of parties, or adjudication of the claim upon which the proceedings are based.
(4) An attorney or pro se litigant participating in a civil or administrative action or defense may be sanctioned for filing a frivolous pleading, motion, or document and for making frivolous arguments.
(5) A party may be sanctioned if he fails in good faith to fully disclose facts necessary to put his attorney under notice that the claim or defense he seeks is frivolous.
(B)(1) If a document is not signed or does not comply with this section, it must be stricken unless it is signed promptly after the omission is called to the attention of the attorney or the party.
(2) If a document is signed in violation of this section or a party has violated subsection (A)(4), the court, upon its own motion or the motion of a party or by petition in collateral proceedings, may impose an appropriate sanction upon the person in violation.
(3) Sanctions may include:
(a) an order for the party or pro se litigant to pay the reasonable costs and attorneys fees;
(b) an order for the attorney to pay a reasonable fine to be paid to the court; or
(c) a directive of a nonmonetary nature designed to deter the person from bringing a future frivolous action or an action in bad faith.
(4) In determining whether an attorney, pro se litigant, or party has violated this act, the court shall take into account the:
(a) number of parties;
(b) complexity of the claims and defenses;
(c) length of time available to the attorney or party to investigate and conduct discovery; and
(d) information disclosed or undisclosed to the attorney or pro se litigant through discovery and adequate investigation.
(C) A person is entitled to notice and an opportunity to respond before the imposition of sanctions pursuant to the provisions of this section. A court or party proposing a sanction pursuant to the provisions of this section shall notify the court and all parties of the conduct determined to constitute a violation of the provisions of this section and explain the basis for the potential sanction imposed. Upon notification the attorney or party has thirty days to:
(1) withdraw the document or argument constituting a violation of the provisions of this section;
(2) respond to the allegations of violation of the provisions of this section; or
(3) mitigate the effects of the violation of the provisions of this section in a manner the court deems tantamount to withdrawal pursuant to subsection (C)(1); and
(4) provide all parties and the court with:
(a) written notification of withdrawal as provided in subsection (C)(1);
(b) a copy of the response indicated in subsection (C)(2); or
(c) an explanation of mitigation indicated in subsection (C)(3).
(D) The provisions of this section apply in addition to all other remedies available at law or in equity."
SECTION 7. Section 15-38-20(A) of the 1976 Code , as added by Act 432 of 1988, is amended to read:
"(A) Except as otherwise provided in this chapter, where when two or more persons become jointly or severally liable in tort for the same injury to person or property or for the same wrongful death, there is a right of contribution among them even though judgment has not been recovered against all or any of them."
SECTION 8. Section 36-2-803 of the 1976 Code is amended to read:
"Section 36-2-803. (1) A court may exercise personal jurisdiction over a person who acts directly or by an agent as to a cause of action arising from the person's:
(a) transacting any business in this State;
(b) contracting to supply services or things in the this State;
(c) commission of a tortious act in whole or in part in this State;
(d) causing tortious injury or death in this State by an act or omission outside this State if he regularly does or solicits business, or engages in any other persistent course of conduct, or derives substantial revenue from goods used or consumed or services rendered, in this State; or
(e) having an interest in, using, or possessing real property in this State; or
(f) contracting to insure any person, property or risk located within this State at the time of contracting; or
(g) entry into a contract to be performed in whole or in part by either party in this State; or
(h) production, manufacture, or distribution of goods with the reasonable expectation that those goods are to be used or consumed in this State and are so used or consumed.
(2) When jurisdiction over a person is based solely upon this section, only a cause of action arising from acts enumerated in this section may be asserted against him, and such action, if brought in this State, shall not be subject to the provisions of Section 15-7-100 (3)."
SECTION 9. Sections 15-36-20, 15-36-30, 15-36-40, 15-36-50, and 58-23-90 of the 1976 Code are repealed.
SECTION 10. 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 this act, 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 11. 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
Rep. WILKINS explained the amendment.
Rep. JENNINGS spoke in favor of the amendment.
Rep. SCOTT spoke in favor of the amendment.
Rep. J. R. SMITH spoke in favor of the amendment.
The amendment was then adopted.
Rep. ALTMAN spoke against the Bill.
Rep. ALTMAN continued speaking.
Rep. J. E. SMITH spoke against the Bill.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Agnew Anderson Bailey Bales Ballentine Barfield Battle Bingham Bowers
Brady Branham G. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Coates Cobb-Hunter Coleman Cooper Dantzler Davenport Delleney Duncan Edge Emory Frye Funderburk Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hiott Huggins Jefferson Kirsh Leach Lee Limehouse Littlejohn Loftis Lucas Mahaffey Martin McCraw McGee McLeod Merrill Miller J. M. Neal Neilson Norman Ott Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Rice Sandifer Scarborough Scott Simrill Sinclair 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
Those who voted in the negative are:
Allen Altman Breeland R. Brown Harvin Hosey Jennings Kennedy Mack
Moody-Lawrence J. H. Neal Rutherford F. N. Smith J. E. Smith Whipper
So, the Bill, as amended, was read the second time and ordered to third reading.
Although I voted against the Bill, I would like to note my support for specific provisions that include the change in our existing venue provision, the change in our statute of repose, the frivolous lawsuit provisions and the removal of the empty chair defense. I cannot however, support the Bill as a whole when it includes an abolishment of joint and several liability which would only serve to protect the interest of conclusively proven wrongdoers over the interest of an innocent injured party.
Rep. James E. Smith, Jr.
Rep. Douglas Jennings, Jr.
Rep. Todd Rutherford
I was out of the Chamber temporarily when the vote was taken on H. 3008. I would have voted in favor of the Bill.
Rep. Jerry N. Govan
I was over in the Senate Chamber when the vote was taken on H. 3008. I would have voted in favor of the Bill.
Rep. Thomas N. Rhoad
Rep. CATO moved that the House recur to the Morning Hour, which was agreed to.
The following was received:
Columbia, S.C., February 16, 2005
Mr. Speaker and Members of the House:
(R. 3) S. 254 (Word version) -- Senators McGill and Cleary: AN ACT TO AMEND ACT 515 OF 1996, AS AMENDED, RELATING TO THE DEVOLUTION ON THE GOVERNING BODY OF GEORGETOWN COUNTY OF APPOINTMENT AND RECOMMENDATION FOR APPOINTMENT AUTHORITY OF VARIOUS GEORGETOWN COUNTY OFFICES FORMERLY HELD BY THE GEORGETOWN COUNTY LEGISLATIVE DELEGATION, SO AS TO PROVIDE THAT MEMBERS OF THE GEORGETOWN COUNTY BOARD OF ELECTIONS AND REGISTRATION MUST BE APPOINTED BY THE GOVERNOR UPON THE RECOMMENDATION OF THE GEORGETOWN COUNTY LEGISLATIVE DELEGATION.
Very respectfully,
President
The SPEAKER ordered the following veto printed in the Journal:
February 15, 2005
The Honorable André Bauer
President of the Senate
State House, 1st Floor, East Wing
Columbia, South Carolina 29202
Dear Mr. President and Members of the Senate:
I am hereby returning without my approval S. 254 (Word version), R. 3, an Act:
TO AMEND ACT 515 OF 1996, AS AMENDED, RELATING TO THE DEVOLUTION ON THE GOVERNING BODY OF GEORGETOWN COUNTY OF APPOINTMENT AND RECOMMENDATION FOR APPOINTMENT AUTHORITY OF VARIOUS GEORGETOWN COUNTY OFFICES FORMERLY HELD BY THE GEORGETOWN COUNTY LEGISLATIVE DELEGATION, SO AS TO PROVIDE THAT MEMBERS OF THE GEORGETOWN COUNTY BOARD OF ELECTIONS AND REGISTRATION MUST BE APPOINTED BY THE GOVERNOR UPON THE RECOMMENDATION OF THE GEORGETOWN COUNTY LEGISLATIVE DELEGATION.
This veto is based on my belief that this bill is contrary to the principles of home rule and it is also unconstitutional. S. 254, R. 3 proposes to exempt the Board of Elections and Registration from the list of local offices that must be appointed by the local governing body of Georgetown County. This bill would undo a portion of Act 515 of 1996 which upheld the principles of home rule by devolving powers from the state level down to the local level. Furthermore, S. 254, R. 3, affects only Georgetown County and is, therefore, clearly an act for a specific county. Such acts are in violation of Article VIII, Section 7 of the Constitution of the State of South Carolina, which provides that "[n]o laws for a specific county shall be enacted." Acts similar to S. 254, R. 3 have been struck down by the South Carolina Supreme Court as violative of Article VIII, Section 7.
For this reason, I am returning S. 254, R. 3 to you without my signature.
Sincerely,
Mark Sanford
Governor
The Veto on the following Act was taken up:
(R. 3) S. 254 (Word version) -- Senators McGill and Cleary: AN ACT TO AMEND ACT 515 OF 1996, AS AMENDED, RELATING TO THE DEVOLUTION ON THE GOVERNING BODY OF GEORGETOWN COUNTY OF APPOINTMENT AND RECOMMENDATION FOR APPOINTMENT AUTHORITY OF VARIOUS GEORGETOWN COUNTY OFFICES FORMERLY HELD BY THE GEORGETOWN COUNTY LEGISLATIVE DELEGATION, SO AS TO PROVIDE THAT MEMBERS OF THE GEORGETOWN COUNTY BOARD OF ELECTIONS AND REGISTRATION MUST BE APPOINTED BY THE GOVERNOR UPON THE RECOMMENDATION OF THE GEORGETOWN COUNTY LEGISLATIVE DELEGATION.
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Anderson Miller
Those who voted in the negative are:
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Rep. LEACH, from the Invitations and Memorial Resolutions, submitted a favorable report on:
H. 3498 (Word version) -- Rep. Walker: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 11 IN SPARTANBURG COUNTY FROM ITS INTERSECTION WITH INTERSTATE HIGHWAY 26 TO ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 9 THE "FIRST LIEUTENANT ANDREW C. SHIELDS MEMORIAL HIGHWAY", AND TO ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY CONTAINING THE WORDS "FIRST LIEUTENANT ANDREW C. SHIELDS MEMORIAL HIGHWAY".
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report on:
H. 3320 (Word version) -- Reps. Wilkins, W. D. Smith, Harrison, Townsend, Harrell, Cato, Witherspoon, J. Brown, Chellis, Viers, Merrill, E. H. Pitts, Agnew, Ballentine, Bingham, Cooper, Haley, Hinson, Owens, Rice, Toole, Umphlett, White and Ceips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-3-605 SO AS TO PROVIDE THAT NO STATE ROAD, HIGHWAY, INTERSTATE HIGHWAY, BRIDGE, INTERCHANGE, OR INTERSECTION MAY BE NAMED FOR A PERSON WHO IS LIVING.
Ordered for consideration tomorrow.
The following was introduced:
H. 3574 (Word version) -- Rep. Townsend: A HOUSE RESOLUTION TO COMMEND DR. ELIZABETH GRESSETTE, EXECUTIVE DIRECTOR OF THE PALMETTO STATE TEACHERS ASSOCIATION, FOR HER DISTINGUISHED CAREER AND MANY YEARS OF SERVICE IMPROVING THE QUALITY OF TEACHERS.
The Resolution was adopted.
The following was introduced:
H. 3575 (Word version) -- Reps. Barfield and Miller: A HOUSE RESOLUTION REQUESTING THE UNITED STATES INTERNATIONAL TRADE COMMISSION TO APPROVE THE CONTINUATION OF THE ANTIDUMPING AND COUNTERVAILING ORDERS IMPOSED ON HOT-ROLLED STEEL FROM BRAZIL, JAPAN, AND RUSSIA.
The Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 3576 (Word version) -- Rep. Walker: A CONCURRENT RESOLUTION TO RECOGNIZE AND PAY TRIBUTE TO FRANCES LANDRUM WEATHERS AS SHE HONORS HER FAMILY'S HERITAGE AND CELEBRATES HER 80TH BIRTHDAY ON MARCH 20, 2005.
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. 3577 (Word version) -- Reps. Witherspoon, Frye, Hiott and Ott: A BILL TO AMEND SECTION 46-13-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PESTICIDE REGISTRATION
H. 3578 (Word version) -- Reps. Witherspoon, Frye, Hiott and Ott: A BILL TO AMEND SECTION 46-25-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO FERTILIZER REGULATIONS, SO AS TO REVISE THE DEFINITION OF "SOIL AMENDMENT"; TO AMEND SECTION 46-25-30, AS AMENDED, RELATING TO ANALYSIS OF PLANT NUTRIENTS, SO AS TO PERMIT THE STATE CROP PEST COMMISSION TO REQUIRE PROOF OF CLAIMS MADE FOR FERTILIZER; AND TO AMEND SECTION 46-25-810, AS AMENDED, RELATING TO AN INSPECTION TAX AND TONNAGE REPORTS IN REGARD TO COMMERCIAL FERTILIZER, SO AS TO INCREASE THE INSPECTION TAX AND FURTHER PROVIDE FOR THE TONNAGE REPORT ON FERTILIZER SOLD, AND FOR CERTAIN ACTIONS WHICH WILL BE TAKEN IF THE REQUIRED TAXES AND REPORTS ARE NOT MADE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 3579 (Word version) -- Reps. Witherspoon, Frye, Hiott and Ott: A BILL TO AMEND SECTION 46-9-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATING STATE CROP PEST COMMISSION ENFORCEMENT PROVISIONS, SO AS TO CLARIFY THOSE PERSONS TO WHOM CERTAIN PENALTIES MAY APPLY; AND TO ADD SECTION 46-33-100 SO AS TO PROVIDE THAT ANY PERSON SUBJECT TO TREE AND PLANT SHIPMENT PROVISIONS OF LAW OR OTHER PROVISIONS UNDER THE JURISDICTION OF THE STATE CROP PEST COMMISSION MAY BE A STOP SALE, USE, AND DISTRIBUTION ORDER UNDER CERTAIN CONDITIONS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 3581 (Word version) -- Reps. Scarborough and Altman: A BILL TO ESTABLISH A PROCEDURE FOR DISCIPLINING A STUDENT IN A CHARTER SCHOOL IN A CHARLESTON COUNTY SCHOOL DISTRICT; TO PROVIDE THAT THE BOARD OF DIRECTORS OF A CHARTER SCHOOL MAY REFUSE ADMISSION TO A STUDENT WHO HAS BEEN SUSPENDED OR EXPELLED; TO PROVIDE THAT A CONVERTED CHARTER SCHOOL THAT UTILIZES THE EXISTING BUILDINGS IS NOT REQUIRED TO PAY FOR THE USE OF THE EXISTING BUILDINGS OR PREMISES AND TO PROVIDE FOR AN APPEAL OF A DECISION OR DISPUTE REGARDING THE USE OF THE EXISTING BUILDINGS OR PREMISES.
Referred to Charleston Delegation
H. 3582 (Word version) -- Reps. McLeod, Clark, J. E. Smith, Hosey, Moody-Lawrence, Anderson, Bailey, Bowers, Breeland, J. Brown, R. Brown, Davenport, Haskins, M. Hines and Sinclair: A BILL TO AMEND ARTICLE 13, CHAPTER 53, TITLE 44 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEAD POISONING PREVENTION AND CONTROL SO AS TO RENAME THIS ARTICLE THE "CHILDHOOD LEAD POISONING PREVENTION AND CONTROL ACT", TO CLARIFY THAT THE ARTICLE ADDRESSES CIRCUMSTANCES RELATING TO CHILDREN AND LEAD POISONING, TO FURTHER SPECIFY SURFACES IN
H. 3583 (Word version) -- Reps. Walker, Anthony, Bailey, Ceips, Dantzler, Davenport, Delleney, Harrison, Herbkersman, Hinson, Littlejohn, Mahaffey and Townsend: 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
On motion of Rep. NEILSON, with unanimous consent, the following was taken up for immediate consideration:
H. 3584 (Word version) -- Rep. Neilson: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE DARLINGTON, SOUTH CAROLINA, DIXIE BELLES SOFTBALL TEAM, AND COACHES GARRY FLOWERS, TIM WILEY, AND TIMMY HUNTLEY, AT A TIME AND DATE TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF CONGRATULATING AND HONORING THE TEAM ON WINNING THE 2004 DIXIE BELLES WORLD SERIES AND ON BEING PRESENTED THE CARL O. BOELTE DIXIE BELLES CHAMPIONSHIP AWARD.
Be it resolved by the House of Representatives:
That the privilege of the floor of the South Carolina House of Representatives be extended to the Darlington, South Carolina, Dixie Belles Softball team, and Coaches Garry Flowers, Tim Wiley, and Timmy Huntley, at a time and date to be determined by the Speaker, for the purpose of congratulating and honoring the team on winning the 2004 Dixie Belles World Series and on being presented the Carl O. Boelte Dixie Belles Championship Award.
The Resolution was adopted.
The following was introduced:
H. 3585 (Word version) -- Reps. Neilson, J. Hines and Lucas: A CONCURRENT RESOLUTION TO EXPRESS THE CONGRATULATIONS OF THE
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3586 (Word version) -- Rep. Harvin: A HOUSE RESOLUTION TO EXPRESS THE SINCERE SORROW OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES UPON THE DEATH OF MRS. JESSIE ROSE HARVIN OF HENDERSON, NORTH CAROLINA, AND TO CONVEY THE DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.
The Resolution was adopted.
Rep. UMPHLETT moved that the House do now adjourn, which was agreed to.
Rep. COOPER moved to reconsider the vote whereby H. 3193 (Word version) was given a second reading and the motion was noted.
At 12:30 p.m. the House, in accordance with the motion of Rep. HARDWICK, adjourned in memory of Legette Eaddy of Georgetown, to meet at 10:00 a.m. tomorrow.
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