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 2 Corinthians 3:17: "Where the Spirit of the Lord is, there is freedom."
Let us pray. Dear Heavenly Father, thank You that You are completely trustworthy. Help us to trust You with everything about our life. Help us this day to trust that You will guide and lead these Representatives and staff in the direction You want them to go. Inspire them to greater service to the people of this State. Bless our Nation, President, State, Governor and her leaders. Protect our defenders of freedom. 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. CHELLIS moved that when the House adjourns, it adjourn in memory of Frances Buford Stogner of Summerville, which was agreed to.
The following was received:
February 16, 2006
The Honorable Becky Martin
South Carolina House of Representatives
Post Office Box 11867
Columbia, S.C. 29211
It is with pleasure that I reassign you to serve on the Medical, Military, Public and Municipal Affairs Committee. I know that you will serve this committee with honor and distinction.
I appreciate your willingness to serve in this capacity. Please do not hesitate to contact me if I may be of assistance to you in any way.
Sincerely,
Robert W. Harrell, Jr.
Speaker of the House
Received as information.
The following was received and referred to the appropriate committee for consideration:
Document No. 3043
Agency: Commission for Minority Affairs
Statutory Authority: 1976 Code Section 1-31-40(A)(10)
State Recognition of Native American Indians
Received by Speaker of the House of Representatives
February 22, 2006
Referred to Judiciary Committee
Legislative Review Expiration January 29, 2007
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
H. 4391 (Word version) -- Reps. Taylor, Bingham, Cato and Duncan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-61-60 SO AS TO AUTHORIZE AN INSURANCE COMPANY TO ADVERTISE A POLICY IN A FOREIGN LANGUAGE, BUT ONLY OFFER THE POLICY IN ENGLISH.
Ordered for consideration tomorrow.
H. 4622 (Word version) -- Reps. Walker, Cato, Harrell, Bingham, Leach, Loftis, Tripp, Cooper, White, Townsend, Bales, Battle and Dantzler: A BILL TO AMEND SECTION 38-77-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORM TO BE USED WHEN OPTIONAL AUTOMOBILE INSURANCE COVERAGES ARE OFFERED TO AN INSURED, SO AS TO PROVIDE THAT THE FORM MUST NOT NECESSARILY BE COMPLETED BY THE INSURED, BUT MUST BE SIGNED BY THE INSURED TO BE USED AS EVIDENCE OF INFORMED SELECTION.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
H. 4595 (Word version) -- Reps. Cato, Walker, Jennings, Battle, Cobb-Hunter, Sandifer, Haley, Kennedy, Agnew, Bales, Ballentine, Bowers, Branham, Emory, Hayes, J. Hines, Littlejohn, Mahaffey, Miller, Neilson, Rivers, Sinclair, Umphlett and Vick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-59-35 SO AS TO PROHIBIT A PERSON FROM ENGAGING IN THE BUSINESS OF RESIDENTIAL HEATING AND AIR CONDITIONING CONTRACTING UNLESS LICENSED AS A RESIDENTIAL SPECIALTY CONTRACTOR; TO PROHIBIT PROVIDING A POTENTIAL BUYER A PROPOSAL FOR SALE OR INSTALLATION OF RESIDENTIAL HEATING AND AIR CONDITIONING, OTHER THAN A WRITTEN ESTIMATE, BEFORE THE SPECIFICATIONS FOR THE SYSTEM HAVE BEEN REVIEWED AND APPROVED BY A LICENSED EMPLOYEE OF THE RETAIL SELLER, OR THE RETAIL SELLER; TO FURTHER SPECIFY CONTRACT REQUIREMENTS FOR THE SALE AND INSTALLATION OF A HEATING AND AIR CONDITIONING SYSTEM; AND TO AUTHORIZE THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO PROMULGATE REGULATIONS ESTABLISHING A CIVIL PENALTY FOR VIOLATIONS.
Ordered for consideration tomorrow.
H. 4289 (Word version) -- Reps. McGee, Altman, Battle and Coates: A BILL TO AMEND SECTION 16-7-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SLANDER AND LIBEL, SO AS TO DELETE THE MALICIOUS INTENT STANDARD AND PROVIDE FOR AN ACTUAL MALICE STANDARD REQUIRING KNOWLEDGE THAT A STATEMENT IS FALSE OR MADE WITH RECKLESS DISREGARD FOR WHETHER THE STATEMENT IS FALSE.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
H. 4410 (Word version) -- Reps. Cotty and Brady: A BILL TO AMEND SECTION 8-13-1510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR LATE FILING OF OR FAILURE TO FILE A REPORT OR STATEMENT REQUIRED BY THE ETHICS ACT, SO AS TO CAP THE FINE AT FIVE THOUSAND DOLLARS.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 4356 (Word version) -- Reps. Mack and Cobb-Hunter: A BILL TO AMEND SECTION 7-13-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLL MANAGERS AND ASSISTANTS, SO AS TO ALLOW A SIXTEEN-YEAR-OLD PERSON TO BE IN CHARGE OF A POLLING PLACE WHILE UNDER THE SUPERVISION OF AN ADULT POLL MANAGER, AND TO DELETE THE REQUIREMENT THAT ONE SIXTEEN- OR SEVENTEEN-YEAR-OLD PERSON MAY BE APPOINTED TO A PRECINCT FOR EVERY TWO REGULAR POLL MANAGERS.
Ordered for consideration tomorrow.
The following was introduced:
H. 4694 (Word version) -- Reps. Scott, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR VANDERLYN "VAN" MCCLOUD, COACH OF THE KEENAN HIGH SCHOOL GIRLS BASKETBALL TEAM, FOR HER EXCEPTIONAL CONTRIBUTIONS TO THE LIVES OF THE MANY YOUNG PEOPLE SHE HAS TAUGHT AND COACHED AND TO WISH HER THE BEST IN ALL FUTURE ENDEAVORS UPON HER RETIREMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4695 (Word version) -- Rep. G. Brown: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR MRS. NAOMI HENRIETTA GRIFFIN MCCUTCHEN OF LEE COUNTY FOR HER PATRIOTIC EFFORTS SERVING HER COUNTRY IN WORLD WAR II, CAREER LONG SERVICE TO THE NURSING PROFESSION,
The Resolution was adopted.
On motion of Rep. THOMPSON, with unanimous consent, the following was taken up for immediate consideration:
H. 4696 (Word version) -- Reps. Thompson, Cobb-Hunter, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, 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, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A HOUSE RESOLUTION TO AUTHORIZE THE GREENVILLE YOUNG MEN'S CHRISTIAN ASSOCIATION TO USE THE CHAMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND AVAILABLE COMMITTEE HEARING ROOMS IN THE BLATT BUILDING ON THURSDAY, NOVEMBER 30, 2006, AND FRIDAY, DECEMBER 1, 2006, TO CONDUCT A YOUTH IN GOVERNMENT PROGRAM.
Whereas, forty-five states have successful Youth in Government programs; and
Whereas, the Youth in Government program is designed to provide first-hand experience in the state legislature and government affairs for high school students; and
Whereas, the purpose of the Young Men's Christian Association Youth in Government program is to encourage our youth to develop enthusiasm and appreciation for government and community affairs; and
Whereas, more than one thousand five hundred high school students in the State are expected to participate this year, making the South Carolina Youth in Government program the largest in the nation. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the South Carolina House of Representatives authorize the Greenville Young Men's Christian Association Youth in Government program to use the House Chamber and such hearing rooms as may be available in the Blatt Building on Thursday, November 30, 2006, and Friday, December 1, 2006, to conduct a Youth in Government program; except that if the House of Representatives is meeting in statewide session or its Chamber is otherwise unavailable on those dates, the House Chamber may not be used.
Be it further resolved that the use of the Chamber and the available committee hearing rooms by the Greenville Young Men's Christian Association must be in strict accordance with the policies and rules of the House.
Be it further resolved that the Office of the Sergeant at Arms of the House shall provide assistance and access as necessary for this meeting in accordance with applicable procedures of the Rules of the House of Representatives.
Be it further resolved that a copy of this resolution be forwarded to the Executive Director of the YMCA Youth in Government, and the Sergeant at Arms of the House of Representatives.
The Resolution was adopted.
On motion of Rep. LUCAS, with unanimous consent, the following was taken up for immediate consideration:
H. 4697 (Word version) -- Reps. Lucas and Coates: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR TO THE MEMBERS OF THE 2005 LADY TITANS TENNIS TEAM OF TRINITY COLLEGIATE SCHOOL IN DARLINGTON AND COACH MERI LYN ROGERS AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER TO RECOGNIZE AND CONGRATULATE THEM ON THE TEAM'S THIRD CONSECUTIVE SOUTH CAROLINA INDEPENDENT SCHOOL ATHLETIC ASSOCIATION STATE CHAMPIONSHIP.
Be it resolved by the House of Representatives:
That the members of the House of Representatives of the State of South Carolina, by this resolution, extend the privilege of the floor to the members of the 2005 Lady Titans Tennis Team of Trinity Collegiate School in Darlington and Coach Meri Lyn Rogers at a date and time to be determined by the Speaker to recognize and congratulate them on the team's third consecutive South Carolina Independent School Athletic Association State Championship.
The Resolution was adopted.
The following was introduced:
H. 4698 (Word version) -- Reps. Lucas and Coates: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE MEMBERS OF THE 2005 LADY TITANS TENNIS TEAM OF TRINITY COLLEGIATE SCHOOL IN DARLINGTON AND COACH MERI LYN ROGERS ON THE TEAM'S THIRD CONSECUTIVE SOUTH CAROLINA INDEPENDENT SCHOOL ATHLETIC ASSOCIATION STATE CHAMPIONSHIP.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. JENNINGS, with unanimous consent, the following was taken up for immediate consideration:
H. 4699 (Word version) -- Reps. Jennings, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, 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 INVITING THE WINNERS OF THE 2006 JEAN LANEY HARRIS FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 2006 JEAN LANEY HARRIS FOLK HERITAGE AWARDS ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, APRIL 26, 2006, AT 12:00 NOON OR A TIME TO BE DETERMINED BY THE SPEAKER OF THE HOUSE AND THE PRESIDENT PRO TEMPORE OF THE SENATE, AND TO RECOGNIZE AND COMMEND THE 2006 JEAN LANEY HARRIS FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.
Whereas, in 1987, the General Assembly created the South Carolina Folk Heritage Awards, recently renamed the Jean Laney Harris Folk Heritage Awards, to be presented each year by the General Assembly to South Carolina folk artists who have used their lives to create beauty and meaning for their communities and for their State in ways that are
Whereas, the winners of the 2006 Jean Laney Harris Folk Heritage Awards are citizens who have maintained and enriched the lives of all persons of their communities and of the State through their unique talents and through their substantial contributions to the traditional heritage of South Carolina; and
Whereas, the 2006 Jean Laney Harris Folk Heritage Awards Advisory Committee has performed its duties admirably. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly invite the winners of the 2006 Jean Laney Harris Folk Heritage Awards and the members of the 2006 Jean Laney Harris Folk Heritage Awards Advisory Committee to attend a joint session of the House of Representatives and the Senate in the Hall of the House of Representatives at 12:00 noon on Wednesday, April 26, 2006, or a time mutually convenient for both bodies, as determined by the Speaker of the House and the President Pro Tempore of the Senate, and that the members of the General Assembly recognize and commend the 2006 Jean Laney Harris Folk Heritage Awards winners for their outstanding contributions to folk art in South Carolina.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4700 (Word version) -- Rep. Clemmons: A HOUSE RESOLUTION TO HONOR AND RECOGNIZE LEIGH AMMONS MEESE OF MYRTLE BEACH FOR HER OUTSTANDING CONTRIBUTIONS TO HER CAREER AND COMMUNITY AND CONGRATULATE HER FOR
The Resolution was adopted.
The following was introduced:
H. 4701 (Word version) -- Rep. Clemmons: A HOUSE RESOLUTION TO HONOR AND RECOGNIZE DEBORAH B. HARWELL OF MYRTLE BEACH FOR HER OUTSTANDING CONTRIBUTIONS TO HER CAREER AND COMMUNITY AND CONGRATULATE HER FOR RECEIVING A MARY DEAN BREWER WOMAN OF ACHIEVEMENT AWARD ON MARCH 9, 2006.
The Resolution was adopted.
The following Bill was introduced, read the first time, and referred to appropriate committee:
H. 4702 (Word version) -- Rep. Simrill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 8 TO CHAPTER 11, TITLE 1 SO AS TO PROVIDE THAT THE STATE BUDGET AND CONTROL BOARD SHALL ESTABLISH A STATEWIDE PLANNING AND MAPPING SYSTEM FOR THE PUBLIC BUILDINGS IN THE STATE FOR USE BY RESPONSE AGENCIES THAT ARE CALLED UPON TO RESPOND TO AN ACT OF TERRORISM OR A RELATED EMERGENCY.
Referred to Committee on Judiciary
The roll call of the House of Representatives was taken resulting as follows:
Agnew Altman Anthony Bailey Bales Ballentine Bannister Barfield Battle Bingham Branham G. Brown J. Brown R. Brown Cato Ceips Chalk Chellis Clemmons Clyburn Coates
Cobb-Hunter Coleman Cooper Delleney Duncan Edge Emory Frye Funderburk Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Herbkersman J. Hines Hinson Hiott Hodges Hosey Howard Huggins Jefferson Jennings Kirsh Leach Limehouse Littlejohn Loftis Lucas Mack Mahaffey Martin McCraw McGee McLeod Merrill Miller Mitchell Moody-Lawrence J. H. Neal J. M. Neal Neilson Norman Ott Owens Parks Perry Phillips Pinson M. A. Pitts Rhoad Rice Rivers Sandifer Scarborough Scott Simrill Skelton D. C. Smith F. N. Smith G. R. Smith J. E. Smith W. D. Smith Talley Taylor Thompson Toole Townsend Umphlett Vaughn Vick Viers Walker Weeks White Witherspoon Young
I came in after the roll call and was present for the Session on Wednesday, February 22.
William Bowers Carl Anderson Bill Cotty Kenneth Kennedy Ralph Davenport Edward H. "Ted" Pitts Jackie Hayes Joan Brady Todd Rutherford G. Murrell Smith Jerry Govan Jackson "Seth" Whipper Kenneth G. Clark Karl Allen
The SPEAKER granted Rep. SINCLAIR a leave of absence for the day due to personal reasons.
The SPEAKER granted Rep. BREELAND a leave of absence for today and tomorrow.
The SPEAKER granted Rep. J. R. SMITH a leave of absence for the day due to personal reasons.
Rep. SIMRILL signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, February 21.
Announcement was made that Dr. Andrew Pate of Mount Pleasant is the Doctor of the Day for the General Assembly.
Reps. LITTLEJOHN and TALLEY presented to the House students and school officials of the South Carolina School for the Deaf and the Blind recognizing them for their unique accomplishments.
Reps. HOSEY and RHOAD presented to the House the Blackville-Hilda High School Football Team, the 2005 Class A Champions, their coach 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
Bill Number: H. 4502 (Word version)
Date: ADD:
02/22/06 SIMRILL
Bill Number: H. 4502 (Word version)
Date: ADD:
02/22/06 VIERS
Bill Number: H. 4503 (Word version)
Date: ADD:
02/22/06 SIMRILL
Bill Number: H. 4503 (Word version)
Date: ADD:
02/22/06 VIERS
The following Bills and Joint Resolution were taken up, read the third time, and ordered sent to the Senate:
H. 4666 (Word version) -- Rep. Branham: A BILL TO AMEND ACT 239 OF 1981, AS AMENDED, RELATING TO THE FLORENCE COUNTY SCHOOL DISTRICT NO. 1 BOARD OF TRUSTEES, SO AS TO PROVIDE THAT MEMBERS OF THE BOARD MUST BE ELECTED AT THE GENERAL ELECTION IN NOVEMBER AND PROVIDE THAT THE TERMS OF THE MEMBERS MUST BE FOUR YEARS.
H. 4348 (Word version) -- Reps. Walker, Hinson, McLeod, Limehouse, Bailey and Cobb-Hunter: A BILL TO AMEND CHAPTER 43, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING, AMONG OTHER THINGS, TO THE DISPOSITION OF HUMAN BODIES, THE UNIFORM ANATOMICAL GIFT ACT, AND POSTMORTEM EXAMINATIONS, SO AS TO PROVIDE THAT AN EMBLEM MUST BE EMBEDDED ON A DRIVER'S LICENSE TO DESIGNATE THE LICENSEE AS AN ORGAN OR TISSUE DONOR; TO DELETE PROVISIONS SPECIFICALLY ADDRESSING EYE DONATION, WHICH IS INCLUDED IN PROVISIONS RELATING TO TISSUE DONATION AND PROCUREMENT; TO FURTHER SPECIFY THE CLASSES
H. 4672 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO PREVENTION AND CONTROL OF LEAD POISONING IN CHILDREN, DESIGNATED AS REGULATION DOCUMENT NUMBER 3004, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. BRANHAM moved to adjourn debate upon the following Bill until Thursday, February 23, which was adopted:
H. 3740 (Word version) -- Reps. McGee, Coates, M. Hines, Branham and J. Hines: A BILL TO AMEND ACT 239 OF 1981, AS AMENDED, RELATING TO THE ELECTION OF THE BOARD OF TRUSTEES FOR SCHOOL DISTRICT NO. 1 IN FLORENCE COUNTY, SO AS TO REAPPORTION THE ELECTION DISTRICTS FROM WHICH TRUSTEES ARE ELECTED; 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.
The following Joint Resolution was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification:
S. 1097 (Word version) -- Senator McConnell: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUMES 11 AND 18 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF THEIR CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 2006.
The following Bill was taken up:
S. 1061 (Word version) -- Senators Gregory, Grooms, Courson, Drummond, Richardson, Campsen, Ryberg, Land, Hutto, Setzler, Hayes, Sheheen, Lourie and Verdin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY REDESIGNATING SECTIONS 51-17-10 THROUGH 51-17-150 AS ARTICLE 1 OF CHAPTER 17, TITLE 51, ENTITLED "HERITAGE TRUST PROGRAM", AND BY ADDING ARTICLE 3 TO CHAPTER 17, TITLE 51 SO AS TO PROVIDE FOR BONDING AUTHORITY IN THE SOUTH CAROLINA DEPARTMENT OF NATURAL RESOURCES FOR LAND ACQUISITION, RESTORATION, IMPROVEMENT, AND MANAGEMENT OF PROPERTIES FOR INCLUSION IN THE HERITAGE TRUST PROGRAM.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1(Doc Name COUNCIL\GJK\20865SD06), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Sections 51-17-10 through 51-17-150 of the 1976 Code are redesignated as:
SECTION 2. A. (A) The General Assembly finds that it is desirable to provide continuing and general statutory authority for the South Carolina Department of Natural Resources to incur debt for the purpose of acquiring, restoring, improving, and managing certain Heritage Preserves as a part of The Heritage Trust Program, which debt is
(B) The General Assembly further finds that it is in the best interests of the people of this State to authorize the Department of Natural Resources, in its role as the trustee of the South Carolina Heritage Trust, acting through and in accordance with the terms of the Heritage Trust Program, to acquire, restore, improve, and manage additional properties suitable for inclusion in the Heritage Trust Program and to incur indebtedness for these purposes which is payable from the revenues derived from that portion of the state deed recording fee dedicated to the Heritage Land Trust Fund pursuant to Article 24 of Title 12 of the 1976 Code as provided in Article 3.
B. Chapter 17 of Title 51 of the 1976 Code is amended by adding:
Section 51-17-310. As used in this article:
(1) 'Board' means the governing board of the Department of Natural Resources which serves as the trustee of the South Carolina Heritage Trust.
(2) 'Bond' or 'bonds' means a note, bond, installment contract, or other evidence of indebtedness issued pursuant to this article.
(3) 'Bond Reserve Fund' means the special fund that may be established by the board pursuant to this article, which must be in the custody of the State Treasurer or a corporate trust department of a financial institution selected by the State Treasurer and which is established primarily for the purpose of providing a reserve with which to meet the payment of the principal of and interest on bonds if payments otherwise required from the debt service fund are insufficient to meet the payment of the principal and interest as and when they are due and payable.
(4) 'Department' means the South Carolina Department of Natural Resources.
(5) 'Heritage Land Trust Fund' means the fund established and administered pursuant to Section 51-17-115 of the 1976 Code.
(6) 'Heritage Land Trust portion of the state deed recording fee' means that portion of the state deed recording fee credited to the Heritage Land Trust Fund pursuant to Section 12-24-90(B)(1) of the 1976 Code.
(7) 'Heritage Preserve' has the meaning provided in Section 51-17-10(7) of the 1976 Code.
(8) 'The Heritage Trust Program' has the meaning provided in Section 51-17-10(12) of the 1976 Code.
(9) 'State' or 'this State' means the State of South Carolina.
(10) 'State deed recording fee' means that portion of the deed recording fee imposed by Chapter 24 of Title 12 of the 1976 Code designated as the 'state fee' in Section 12-24-90 of the 1976 Code.
(11) 'State Treasurer' means the State Treasurer of South Carolina.
(12) 'Trustee' means the trustee of the South Carolina Heritage Trust which is the Board of the Department of Natural Resources.
Section 51-17-320. (A) The board may issue bonds in the name of the trustees for the purposes and in the manner provided in this section. The title of the bonds shall be designated by the board acting as the trustees.
(B) All bonds must be secured by and payable from only the Heritage Land Trust portion of the state deed recording fee, or that portion as the board determines to pledge for payment.
(C) The trustees or a person executing the bonds or notes are not liable personally on the bonds or notes and are not subject to personal liability or accountability by reason of the issuance of the bonds.
(D) The board acting as the trustees may not pledge the faith, credit, or taxing power of this State or its political subdivisions in connection with the issuance of the bonds, and each bond must recite on its face that it is a special source bond of the department issued pursuant to and in accordance with this article and Article X, Section 13(9) of the Constitution of this State, that it is secured by and payable from only the Heritage Land Trust portion of the state deed recording fee, that it is neither a general, legal, nor moral obligation of the State or its political subdivisions, and that it is not backed by the full faith, credit, or taxing power of this State or any of its political subdivisions. Failure to include this language on the face of a bond does not cause the bond to become a general, legal, or moral obligation of the State or
(E) A pledge of the Heritage Land Trust portion of the state deed recording fee made by the board acting as the trustees is valid and binding from the time the pledge is made. The trust portion of the state deed recording fee received by the department is immediately subject to the lien of the pledge without physical delivery of the receipt or further act. The lien of the pledge is valid and binding against all parties having claims of any kind in tort, contract, or otherwise against the department, whether or not the parties have notice of them. The resolution of the board or other instrument by which a pledge is created must not be recorded or filed to perfect the pledge. In the resolution of the board authorizing the issuance of a bond pursuant to this article, the board shall provide for the priority of payment of the bond from all monies received by the Heritage Land Trust Fund as its portion of the state deed recording fee.
(F) The trustees may not issue a bond with a scheduled maturity later than thirty years after the date of issuance.
(G) When issuing bonds for the purpose described in this article, the trustees may sell bonds either in a negotiated transaction with one or more lead underwriters selected by the board acting as the trustees on the basis of criteria established by the board acting as the trustees, or through a competitive bidding process in accordance with procedures established by the board. The determination of whether to sell bonds through negotiation or through competitive bidding must be made by the board.
(H) The trustees may not issue a bond unless the board has first adopted its resolution authorizing the issuance, finding that the issuance and the proposed use of the bond proceeds is in accordance with this chapter, and setting out the terms and conditions of the bond and the covenants of the department with respect to the bond. These terms must include the issuance date or dates, the maturity date or dates, the principal amount, the interest rate or the means of determining it, whether fixed or variable, the time, manner, and currency for paying interest and principal, the negotiability of the bond, and restrictions relating to the registration of the bond. The covenants may include, without limitation, the establishment and maintenance of dedicated reserve funds for the payment of debt service on a bond if the Heritage Land Trust portion of the state deed recording fee is inadequate in any year, restrictions on the later issuance of additional bonds or making the later issuance subject to certain conditions relating
(I) The board may not authorize or cause the department to enter into a covenant that purports to create a general, legal, or moral obligation of this State or its political subdivisions or to pledge the full faith, credit, or taxing power of the State or its political subdivisions. A covenant in violation of this subsection is void and of no effect.
(J) Subject to the requirements of this section, the board acting as the trustees may authorize the issuance of bonds of the department for the purpose of:
(1) refunding, on a current or advance-refunding basis, outstanding bonds of the department; or
(2) obtaining funds for delivery to the Heritage Land Trust Fund. Proceeds of bonds issued for this purpose must be delivered promptly to the Heritage Land Trust Fund and used only for the purposes provided in Section 51-17-115 of the 1976 Code, except as needed to defray the costs of issuance of the bonds or to establish a reserve fund for the bonds.
(K) The bonds and the issuance of the bonds pursuant to this article are subject to the provisions of Sections 11-15-20 and 11-15-30 of the 1976 Code and any successor provisions.
Section 51-17-330. (A) A bond provided for in this article and the income from a bond is exempt from all taxation in the State except for inheritance, estate, or transfer taxes, regardless of the federal income tax treatment of the interest from the bond.
(B) The exercise of the powers granted by this chapter is in all respects for the benefit of the citizens of the State and for the promotion of their welfare, convenience, and prosperity. Property, whether real or personal, tangible or intangible, of the department and the income and operations of the department are exempt from taxation or assessment by the State or its political subdivisions.
(C) It is lawful for executors, administrators, guardians, committees, and other fiduciaries to invest monies in their hands in a bond provided for in this article. This section does not relieve a person from the duty of exercising reasonable care in selecting investments.
Section 51-17-340. The State pledges and agrees with the trustees, and the holders of the bonds in which the trustees have included the pledge and agreement, that the State may not limit or alter the rights of
Section 51-17-350. In each year that bonds issued pursuant to this article are outstanding, the trustees, not later than December 1 of such year, shall submit a written report to the State Budget and Control Board as to whether, based on revenues of the Heritage Land Trust portion of the state deed recording fee received by the Heritage Land Trust Fund as of July 1 of that year, the revenues are projected to be sufficient to discharge all covenants, agreements, and obligations of the department and the trustees with respect to all outstanding bonds in the calendar year immediately following. If the revenues are not projected to be sufficient for that purpose, the department shall include recommendations as to action necessary by the State to make the revenues sufficient for that purpose including first the undertaking by the department to fund the anticipated shortfall through the department's allocation in the annual general appropriations bill."
SECTION 3. Chapter 17, Title 51 of the 1976 Code is amended by adding:
"Section 51-17-85. Notwithstanding any other provision of law, the board may not dispose of any Heritage Trust property if otherwise permitted to do so unless there are restrictions sufficient to protect all of the natural and cultural characteristics of the property."
SECTION 4. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. FRYE explained the amendment.
The amendment was then adopted.
Reps. FRYE, WITHERSPOON, CLARK, HIOTT, UMPHLETT and HARDWICK proposed the following Amendment No. 2 (Doc Name COUNCIL\GJK\20872SD06), which was adopted:
Rep. FRYE explained the amendment.
The amendment was then adopted.
Rep. Limehouse proposed the following Amendment No. 4 (Doc Name COUNCIL\GJK\20877SD06), which was adopted:
Amend the bill, as and if amended, in SECTION 2(B) by inserting before /Department/ on line 5, page 1061-2, /board of the /;
Amend further, as and if amended, in Section 51-17-310(1) by striking /trustee/ on line 21, page 1061-2 and inserting /trustees/;
Amend further, in Section 51-17-310(12) by striking /Trustee/ on line 9, page 1061-3, and inserting /Trustees/;
Amend the bill further, as and if amended, in Section 51-17-320(E) by striking /department/ on line 40, page 1061-3, and inserting /Heritage Land Trust Fund/;
Amend further, as and if amended, by striking /department/ on line 1 page 1061-4, line 23 page 1061-4, line 37 page 1061-4, line 41 page 1061-4, line 25 page 1061-5, and on line 15 page 1061-6 and inserting /trustees/ in all places;
Renumber sections to conform.
Amend title to conform.
Rep. LIMEHOUSE explained the amendment.
The amendment was then adopted.
Rep. CLEMMONS proposed the following Amendment No. 5 (Doc Name COUNCIL\GJK\20883SD06), which was tabled:
Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:
"Section 51-17-75. In acquiring easements or rights-of-way from state agencies or institutions including state-supported colleges and universities needed for ingress, egress, or access to Heritage Preserve, the Department of Natural Resources is not required to compensate the state agency or institution for the acquisition."/
Renumber sections to conform.
Amend title to conform.
Rep. CLEMMONS explained the amendment.
Rep. CLEMMONS moved to table the amendment, which was agreed to.
Rep. LOFTIS proposed the following Amendment No. 7 (Doc Name COUNCIL\GJK\20876SD06), which was adopted:
Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:
/SECTION ____. Chapter 17, Title 51 of the 1976 Code is amended by adding:
"Section 51-17-45. The Department of Natural Resources in regard to its duties and responsibilities under this chapter shall submit to the General Assembly by January 1, 2007, a management plan for properties or easements in the Heritage Preserve which were acquired in whole or in part with public funds which plan would require as a component that these properties be open to the general public for recreational activities including hunting, fishing, horseback riding, camping, hiking, and bird watching at least six months a year. The management plan shall also include funding recommendations to implement the public access proposals contained in the management plan. The department shall implement the plan except for those parts requiring changes in statutory law ninety days after approval of the management plan by the General Assembly by concurrent resolution./
Renumber sections to conform.
Amend title to conform.
Rep. LOFTIS explained the amendment.
The amendment was then adopted.
The SPEAKER ordered the following veto printed in the Journal:
February 21, 2006
The Honorable Robert Harrell, Jr.
Speaker of the House of Representatives
Post Office Box 11867
Columbia, South Carolina 29211
Dear Mr. Speaker and Members of the House:
I am hereby returning without my approval H.4494 (Word version), R. 236, an Act: TO CREATE THE BARNWELL COUNTY BOARD OF ELECTION AND REGISTRATION AND TO ABOLISH THE BARNWELL COUNTY BOARD OF VOTER REGISTRATION AND THE BARNWELL COUNTY ELECTION COMMISSION.
This veto is based on my belief that this bill is unconstitutional. H.4494, R. 236 proposes to abolish the Barnwell County Board of Voter Registration and the Barnwell County Election Commission and create the Barnwell County Board of Elections and Registration. As such, this legislation affects only Barnwell 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.4494, R. 236 have been struck down by the South Carolina Supreme Court as violative of Article VIII, Section 7.
For this reason, I am vetoing and returning H.4494, R. 236 to you without my signature.
Sincerely,
Mark Sanford
Governor
The Veto on the following Act was taken up:
(R236) H. 4494 (Word version) -- Reps. Hosey and Rhoad: AN ACT TO CREATE THE BARNWELL COUNTY BOARD OF ELECTIONS AND REGISTRATION AND TO ABOLISH THE BARNWELL COUNTY
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:
Hosey Rhoad
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. G. M. SMITH moved to adjourn debate upon the following Bill until Thursday, February 23, which was adopted:
H. 4671 (Word version) -- Reps. G. M. Smith, Delleney and Harrison: A BILL TO AMEND SECTION 1-23-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEARINGS AND PROCEEDINGS THAT AN ADMINISTRATIVE LAW JUDGE SHALL PRESIDE OVER, SO AS TO DELETE THE PROVISION THAT EXCLUDES CERTAIN MOTOR VEHICLE RELATED HEARINGS AND PROCEEDINGS, TO PROVIDE THAT THE CLERK OF THE ADMINISTRATIVE LAW COURT MUST FILE A CERTIFIED COPY OF A FINAL ORDER WITH A CLERK OF THE CIRCUIT COURT UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE THIS ORDER HAS THE SAME EFFECT AS A JUDGMENT OF THE COURT; TO AMEND SECTION 1-23-660, AS AMENDED, RELATING TO THE ADMINISTRATIVE LAW COURT DIVISION OF MOTOR VEHICLE HEARINGS, SO AS TO GIVE THE CHIEF JUDGE OF THE ADMINISTRATIVE LAW COURT THE AUTHORITY TO PROMULGATE RULES GOVERNING THE PRACTICE AND PROCEDURES BEFORE THE
The following Bill was taken up:
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 SCHOOL DISTRICTS TO ADOPT A POLICY PROHIBITING HARASSMENT, INTIMIDATION, OR BULLYING THAT INCLUDES CERTAIN THINGS, TO DEVELOP A TRAINING PROCESS, AND TO DEFINE CERTAIN TERMS.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\9274SJ06):
(1) A safe and civil environment in school is necessary for students to learn and achieve high academic standards.
(2) Harassment, intimidation, and bullying, like other disruptive or violent behaviors, are conducts that disrupt both a student's ability to learn and a school's ability to educate its students in a safe environment.
(3) Since students learn by example, school administrators, faculty, staff, and volunteers should be commended for demonstrating appropriate behavior, treating others with civility and respect, and refusing to tolerate harassment, intimidation, or bullying.
(B) The purpose of this act is to protect the health and welfare of, and improve the learning environment for South Carolina school children.
SECTION 2. Chapter 63, Title 59 of the 1976 Code is amended by adding:
Section 59-63-110. This article may be cited as the 'Safe School Climate Act'.
Section 59-63-120. As used in this article:
(1) 'Harassment, intimidation, or bullying' means a gesture, an electronic communication, or a written, verbal, physical, or sexual act that is reasonably perceived to have the effect of:
(a) harming a student physically or emotionally or damaging a student's property, or placing a student in reasonable fear of personal harm or property damage; or
(b) insulting or demeaning a student or group of students causing substantial disruption in, or substantial interference with, the orderly operation of the school.
(2) 'School' means in a classroom, on school premises, on a school bus or other school-related vehicle, at an official school bus stop, at a school-sponsored activity or event whether or not it is held on school premises, or at another program or function where the school is responsible for the child.
Section 59-63-130. (A) A person may not engage in:
(1) harassment, intimidation, or bullying; or
(2) reprisal, retaliation, or false accusation against a victim, witness, or one with reliable information about an act of harassment, intimidation, or bullying.
(B) A school employee, student, or volunteer who witnesses, or has reliable information that a student has been subject to harassment, intimidation, or bullying shall report the incident to the appropriate school official.
Section 59-63-140. (A) Before January 1, 2007, each local school district shall adopt a policy prohibiting harassment, intimidation, or bullying at school. The school district shall involve parents and guardians, school employees, volunteers, students, administrators, and community representatives in the process of creating the policy.
(B) The policy must include, but not be limited to, the following components:
(1) a statement prohibiting harassment, intimidation, or bullying of a student;
(2) a definition of harassment, intimidation, or bullying no less inclusive than the definition in Section 59-63-120;
(3) a description of appropriate student behavior;
(4) consequences and appropriate remedial actions for persons committing acts of harassment, intimidation, or bullying, and for persons engaging in reprisal or retaliation;
(5) procedures for reporting acts of harassment, intimidation, or bullying, to include a provision for reporting anonymously. However, formal disciplinary action must not be taken solely on the basis of an anonymous report. The procedures must identify the appropriate school personnel responsible for taking the report and investigating the complaint;
(6) procedures for prompt investigation of reports of serious violations and complaints;
(7) a statement that prohibits reprisal or retaliation against a person who reports an act of harassment, intimidation, or bullying;
(8) consequences and appropriate remedial action for persons found to have falsely accused another;
(9) a process for discussing the district's harassment, intimidation, or bullying policy with students; and
(10) a statement of how the policy is to be publicized, including notice that the policy applies to participation in school-sponsored functions.
(C) To assist local school districts in developing policies for the prevention of harassment, intimidation, or bullying, the State Board of
(D) The local school board shall ensure that the school district's policy developed pursuant to this article is included in the school district's publication of the comprehensive rules, procedures, and standards of conduct for schools and in the student's handbook.
(E) Information regarding a local school district policy against harassment, intimidation, or bullying must be incorporated into a school's employee training program. Training also should be provided to school volunteers who have significant contact with students.
(F) Schools and school districts are encouraged to establish bullying prevention programs and other initiatives involving school staff, students, administrators, volunteers, parents, law enforcement, and community members.
Section 59-63-150. (A) This article must not be interpreted to prevent a victim from seeking redress pursuant to another available civil or criminal law. This section does not create or alter tort liability.
(B) A school employee or volunteer who promptly reports an incident of harassment, intimidation, or bullying to the appropriate school official designated by the local school district's policy, and who makes this report in compliance with the procedures in the district's policy, is immune from a cause of action for damages arising from failure to remedy the reported incident."
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. WALKER explained the amendment.
Rep. E. H. PITTS made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 4350 (Word version) -- Reps. G. R. Smith, Hamilton, Vaughn, Leach and Bannister: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-222 SO AS TO ALLOW CERTAIN PERSONS WHO WEAR BIOPTIC TELESCOPIC LENSES TO OBTAIN A DRIVER'S LICENSE.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\6730CM06):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Article 1, Chapter 1, Title 56 of the 1976 Code is amended by adding:
"Section 56-1-222. (A) Notwithstanding the provisions contained in Section 56-1-220, a person diagnosed with low vision acuity who uses bioptic telescopic lenses for vision assistance may be issued a driver's license by the Department of Motor Vehicles if the person:
(1) submits a vision report form that complies with subsection (B);
(2) submits proof that the applicant has been trained to operate a motor vehicle while wearing bioptic telescopic lenses as evidenced by having successfully completed a driver-training course or program that meets the criteria listed in subsection (C) for such programs; and
(3) meets all other qualifications for obtaining a driver's license, including passing the department administered road test wearing the bioptic telescopic lenses. A person applying for a driver's license pursuant to this section who fails to pass the road test after two attempts, before another test can be administered, must present certification of completion of another driver-training course or program that meets the criteria listed in subsection (C) dated at least thirty days from the date the second road test was administered.
(B) An applicant for a driver's license who will use bioptic telescopic lenses for vision assistance while driving must submit a vision report form supplied by the department. The report must be completed by an optometrist or ophthalmologist qualified in the field of low vision care. The report must include the following information:
(1) the applicant's vital data;
(2) a diagnosis of the applicant's visual condition and the date of the onset of his visual impairment;
(3) the date the bioptic telescopic system was dispensed to the applicant;
(4) certification by the low vision care professional that the applicant:
(a) is not impaired in the movement of his eyes, head, or neck;
(b) has normal color vision;
(c) has visual acuity of at least 20/200 with the best conventional nontelescopic corrective lenses;
(d) does not have central field vision loss that exceeds five degrees;
(e) has visual acuity of at least 20/60 using the bioptic telescopic lenses;
(f) has a horizontal visual field diameter of not less than one hundred fifty degrees without the use of field expanders; and
(5) a statement concerning the stability of the applicant's condition.
An applicant who is issued a driver's license pursuant to this section must have the low vision report updated annually by an optometrist or ophthalmologist and submit it to the department for review. The eye care professional that examines the applicant and completes the annual report must indicate at the top of the report whether the applicant's vision condition has deteriorated in any way so that the applicant no longer meets the requirements of subsection (B)(4).
The department shall review the annual report submitted by the applicant. If the report indicates that the applicant no longer meets the requirements of subsection (B)(4), the department will immediately revoke the license held by the applicant. In order to be issued a new valid license the applicant must retake the department administered road test.
(C) A person applying for a driver's license pursuant to this section must complete successfully a driver-training course or program certified to train individuals to use bioptic telescopic lenses while operating a motor vehicle. To be certified as a bioptic telescopic lens driver-training course or program, the course or program must be administered by a certified driver rehabilitation specialist with a minimum of three years driver-training experience. The course or program must consist of the following minimum training requirements:
(1) operating a motor vehicle under the supervision of a driving instructor for a minimum of thirty hours;
(2) locating stationary objects within the telescopic field of view by aligning the object directly next to the telescopic lenses, and then moving the wearer's head and his eyes simultaneously to see the object with the telescope;
(3) locating a moving object in a large field of vision by anticipating future movement, so that by moving the wearer's head and eyes in a coordinated fashion he can locate the moving object within the telescopic field; and
(4) training in brief visual exposure with the deviation of exposure diminished constantly to simulate short-looking time while driving.
The applicant must apply for a driver's license and take the department road test within six months of having completed the bioptic lens driver-training program.
(D) The following driving restrictions apply to a person who has been issued a driver's license pursuant to this section:
(1) the driver may drive only during daylight hours, defined as after the hour of six o'clock a.m. and no later than six o'clock p.m. However, beginning on the day that daylight saving time goes into effect through the day that daylight saving time ends, the license holder may drive after six o'clock a.m. and no later than eight o'clock p.m.;
(2) the driver is permitted to travel on noninterstate roads and highways only; and
(3) the vehicle being operated by the driver must be equipped with both left and right side mirrors.
(E) Nothing in this section permits an applicant who uses bioptic telescopic lenses for vision assistance to apply for a license to operate a motorcycle or a commercial driver's license."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. OWENS explained the amendment.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1, Rep. OWENS having the floor.
On motion of Rep. HARRISON, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary and was referred to the Committee on Education and Public Works:
S. 1017 (Word version) -- Senator Gregory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ALLOW YEAR OF MANUFACTURE LICENSE PLATES TO SERVE AS THE OFFICIAL LICENSE PLATES FOR CERTAIN MOTOR VEHICLES.
The Senate amendments to the following Joint Resolution were taken up for consideration:
H. 4294 (Word version) -- Reps. Rhoad, Bailey and Moody-Lawrence: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO TRANSFER OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY IN BAMBERG, SOUTH CAROLINA, TO THE CITY OF BAMBERG.
Rep. COOPER explained the Senate Amendments.
The Senate amendments were agreed to, and the Joint Resolution having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration:
H. 3580 (Word version) -- Reps. Scott, Hosey, Vick, Clyburn, J. Hines, Govan, McCraw, Clark, Anthony, Bales, Branham, Breeland, J. Brown, R. Brown, Ceips, Chalk, Cooper, Davenport, Edge, Emory, Frye, Hamilton, Hardwick, Harrison, Herbkersman, M. Hines, Jefferson, Littlejohn, Mack, Martin, Moody-Lawrence, Ott, Owens, Parks,
Rep. COOPER explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The motion period was dispensed with on motion of Rep. CEIPS.
The SPEAKER ordered the following veto printed in the Journal:
February 21, 2006
The Honorable Robert W. Harrell, Jr.
Speaker of the House of Representatives
Post Office Box 11867
Columbia, South Carolina 29211
Dear Mr. Speaker and Members of the House:
I believe that we must always stand fast against the government taking or regulating away the use of property. As Thomas Jefferson said, "The true foundation of republican government is the equal right of every citizen in his person and property and in their management." Private property rights are fundamental to a free society, and I appreciate your efforts to address them in H. 3381 (Word version).
The protection of private property rights is also essential to our market-based economy. Recognition of those rights provides the legal certainty necessary for individuals to commit resources to ventures.
For these reasons, I have consistently acted to protect private property rights and fight unnecessary government regulation. For example, as a member of the 106th Congress, I voted for the Private Property Rights Implementation Act to give greater access to federal courts for individuals with property grievances against the government. In March 2004, I vetoed S. 560, the Life Sciences Act, in part because it extended the awesome power of eminent domain to dozens of new entities by including all state institutions of higher learning. In May 2004, I signed into law H. 4130 - commonly referred to as the "Small Business Regulatory Relief Act" - to require state agencies to consider their impact on small business before they issue final regulations. In June 2005, I vetoed S. 97 because it opened the door for more property, including agricultural, to be declared blighted or abandoned and subsequently condemned.
Given the importance of protecting private property rights, I recognize the need for a uniform approach to takings that is consistent with the overall purposes of the just compensation provision of Article 1, Section 13 of the South Carolina Constitution. Unfortunately, for the three specific reasons set forth below, I do not believe H. 3381 represents that uniform approach.
In my judgment, at least part of the reason why H. 3381 is not a consistent approach to the question of takings stems from the fact that the public debate on this particular bill has taken place in the narrow context of special legislation affecting one particular industry - an approach to legislative debate which, in my opinion, does not fit with the spirit of Article III, Section 34, IX of the South Carolina Constitution, which provides that: "In all other cases where general law can be made applicable, no special law shall be enacted ..."
A broader public debate on the issue of just compensation for takings is now taking place in the General Assembly in connection with the eminent domain bills pending in the House and Senate (H. 4502, H. 4505, S. 1029, S. 1030 and S. 1031), and it is my hope and expectation that the three specific concerns I have in regard to H. 3381 will be considered as that broader public debate moves forward. Accordingly, I am hereby returning H. 3381, R. 233 without my approval for the following reasons:
First, the bill would not treat billboard owners and billboard tenants as we treat other property owners and other business tenants. This bill seeks to level the playing field by putting billboards on par with other
As a matter of public policy, I believe billboards should be treated as we treat other property owners, but not put in a position superior to homeowners, farmers and other businesses. Currently, billboard owners pay personal property taxes based on the sign's original cost less depreciation, and accordingly, just compensation is determined in the same way. Likewise, if the government takes a home to build a road, one value system for real property is applied for taxes and compensation. In effect, H. 3381 would give billboard owners the tax benefits of being classified as personal property and the just compensation benefits of being classified as real property which is not something enjoyed by the other asset classes just listed.
Second, I do not think that we should have one standard for state government and another standard for local government. H. 3381 would establish a double standard in that the new compensation requirements for removing billboards would apply only to local governments, not state agencies.
Again, I think we ought to treat government at different levels consistently. Under H. 3381, local governments are held to a higher standard than the State when calculating just compensation, in that local governments are required to utilize the Uniform Standards of Professional Appraisal Practices, including a number of mandatory considerations, when calculating the amount of just compensation due the billboard owner, whereas the State is not. I do not believe it is good public policy to maintain two sets of pricing - one for state government and another for local governments. I think when we look at something as fundamental as private property rights they should be consistently administered.
Third, I think we need to be careful about saying we believe in Home Rule as a governing principle, but then reverse local governments' decisions when they disagree with the State on an issue like this one. With a retroactive effective date of April 14, 2005, the bill would invalidate at least seven billboard ordinances that were passed legally by local governments. I believe that tossing out the ordinances of one group of local governments while respecting the ordinances of others - both of which were passed subject to the laws in place at that time - raises once again the uniformity issue that has caused me to struggle with this bill. Why should two local
Finally, as a matter of consistency, I believe that this bill undermines the very principle it purports to represent. By limiting the use of billboards by owners, certain provisions of this bill essentially constitute a regulatory taking without providing for just compensation - quite the opposite, I believe, of what the bill seeks to achieve. In keeping with the notion of federalism, I believe that all levels of government have to more clearly define their roles and responsibilities, and the way a community looks and feels should fundamentally be a local municipal or county decision. I do not believe it is the role of the state legislature to determine community standards from Columbia by regulating the content of billboards in the many towns and counties across South Carolina.
For these reasons, I am hereby vetoing and returning without my approval H. 3381.
Sincerely,
Mark Sanford
Governor
The Veto on the following Act was taken up:
(R233) H. 3381 (Word version) -- Reps. Cato, Skelton, Jennings, W. D. Smith, Townsend, Merrill, Ott, Rice, Mack, Viers and Walker: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14 TO TITLE 39 SO AS TO ENACT THE "SOUTH CAROLINA LANDOWNER AND ADVERTISING PROTECTION AND PROPERTY VALUATION ACT", TO DEFINE THE TERMS "LOCAL GOVERNING BODY", "OFF-PREMISES OUTDOOR ADVERTISING SIGN", "JUST COMPENSATION", AND "SIGN OWNER", TO AUTHORIZE LOCAL GOVERNMENTS TO REQUIRE THE REMOVAL OF NONCONFORMING OFF-PREMISES OUTDOOR ADVERTISING SIGNS AND TO REGULATE THE USE OF THEM, TO ALLOW LOCAL GOVERNING BODIES TO ENTER INTO AGREEMENTS WITH SIGN OWNERS TO RELOCATE AND RECONSTRUCT SIGNS, TO PROVIDE FOR THE PAYMENT OF JUST COMPENSATION WHEN A SIGN IS REMOVED WITHOUT AN AGREEMENT BETWEEN THE PARTIES, AND TO PROVIDE FOR
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:
Allen Altman Anderson Anthony Bailey Barfield Branham G. Brown J. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Coates Cobb-Hunter Coleman Cooper Davenport Delleney Duncan Edge Frye Govan Haley Hamilton Hardwick Harrell Harrison Haskins Hayes J. Hines Hinson Hiott Hodges Hosey Howard Huggins Jefferson Jennings Kennedy Leach Littlejohn Mack Mahaffey Martin McCraw Merrill Moody-Lawrence
J. H. Neal Neilson Norman Ott Perry Phillips E. H. Pitts M. A. Pitts Rhoad Rice Rutherford Sandifer Simrill Skelton F. N. Smith G. M. Smith G. R. Smith W. D. Smith Talley Taylor Thompson Townsend Tripp Vick White Witherspoon Young
Those who voted in the negative are:
Agnew Ballentine Bannister Battle Bowers Brady R. Brown Cotty Emory Funderburk Hagood Kirsh Limehouse Lucas McLeod Miller J. M. Neal Rivers Scarborough D. C. Smith J. E. Smith Toole Umphlett Weeks Whipper
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
I was temporarily out of the Chamber during the vote, but would have voted to override the Veto on H. 3381, R. 233.
Rep. Jimmy Bales
Rep. J. BROWN moved that the House recur to the Morning Hour, which was agreed to.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4703 (Word version) -- Reps. Hinson, Umphlett, Merrill and Jefferson: A BILL TO AMEND SECTION 56-1-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VISION SCREENINGS THAT ARE REQUIRED BEFORE A PERSON'S DRIVER'S LICENSE MAY BE RENEWED, SO AS TO REQUIRE THAT IN ADDITION TO OTHER REQUIREMENTS A PERSON MUST HAVE ONE HUNDRED DEGREES OR BETTER HORIZONTAL VISION IN AT LEAST ONE EYE BEFORE HIS DRIVER'S LICENSE MAY BE RENEWED.
Referred to Committee on Education and Public Works
H. 4704 (Word version) -- Reps. Toole, Hamilton, Hosey and Leach: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-141 SO AS TO PROVIDE FOR THE ISSUANCE OF DRIVER'S LICENSE DECALS BY THE DEPARTMENT OF MOTOR VEHICLES TO INDIVIDUALS WHO ARE EXEMPTED FROM THE STATE'S MANDATORY USE OF SEAT BELT PROVISIONS.
Referred to Committee on Education and Public Works
H. 4705 (Word version) -- Reps. E. H. Pitts, Huggins and Tripp: A BILL TO AMEND SECTION 38-43-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INDIVIDUAL AND AGENCY INSURANCE PRODUCER LICENSING, SO AS TO AUTHORIZE THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO WAIVE EXAMINATIONS FOR A CERTIFIED FINANCIAL PLANNER (CFP) IN PROPERTY AND CASUALTY AND LIFE, ACCIDENT, AND HEALTH LINES OF INSURANCE AND EXAMINATIONS IN PROPERTY AND CASUALTY LINES FOR A CERTIFIED LIFE UNDERWRITER.
Referred to Committee on Labor, Commerce and Industry
H. 4706 (Word version) -- Reps. R. Brown and Vick: A BILL TO AMEND SECTION 56-5-5635, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TOWING AND STORAGE OF VEHICLES THAT ARE TOWED UNDER THE DIRECTION OF A LAW ENFORCEMENT OFFICER, SO AS TO PROVIDE THAT
H. 4707 (Word version) -- Reps. Govan, Scott, Hosey, Moody-Lawrence, Whipper, Clark, Howard, Mack, Vick, Allen, Battle, Bowers, Brady, Branham, Cato, Ceips, Clemmons, Clyburn, Funderburk, Haskins, Hodges, Jefferson, McLeod, Ott, Perry, Rice, Scarborough, Sinclair, G. M. Smith, J. E. Smith and Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 59-29-440 THROUGH 59-29-580 SO AS TO ENACT THE "SOUTH CAROLINA FINANCIAL LITERACY TRUST ACT", WHICH IS AN INITIATIVE FOR IMPROVING FINANCIAL LITERACY BY PROVIDING GRANTS TO SCHOOL DISTRICTS TO PROVIDE FINANCIAL LITERACY INSTRUCTION FOR STUDENTS IN KINDERGARTEN THROUGH TWELFTH GRADE; TO ESTABLISH GOALS FOR THIS INITIATIVE; TO ESTABLISH THE SOUTH CAROLINA FINANCIAL LITERACY BOARD OF TRUSTEES, TO PROVIDE THAT IT SHALL OVERSEE THE FINANCIAL LITERACY TRUST, AND TO ESTABLISH THE PURPOSES OF THE BOARD AND ITS COMPOSITION, FUNCTIONS, AND DUTIES; TO PROVIDE FOR TWO SEPARATE FUNDS TO ACCEPT PUBLIC AND PRIVATE MONIES AND MONIES APPROPRIATED BY THE GENERAL ASSEMBLY; TO PROVIDE FOR THE FUNCTIONS AND DUTIES OF THE OFFICE IMPLEMENTING AND OPERATING THE INITIATIVE; AND TO PROVIDE THE PROCEDURE FOR APPLYING FOR A GRANT, ESTABLISH FISCAL GUIDELINES, AND EVALUATION REQUIREMENTS; TO AMEND SECTION 12-6-5060, AS AMENDED, RELATING TO DESIGNATING CONTRIBUTIONS TO CERTAIN CHARITABLE FUNDS THROUGH INDIVIDUAL INCOME TAX RETURNS, SO AS TO AUTHORIZE CONTRIBUTIONS TO THE FINANCIAL LITERACY TRUST; AND TO REPEAL SECTIONS 59-29-420 AND 59-29-425, BOTH RELATING TO A FINANCIAL LITERACY FUND.
Referred to Committee on Education and Public Works
Rep. WITHERSPOON moved to adjourn debate upon the following Bill, which was adopted:
S. 1061 (Word version) -- Senators Gregory, Grooms, Courson, Drummond, Richardson, Campsen, Ryberg, Land, Hutto, Setzler, Hayes, Sheheen, Lourie and Verdin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY REDESIGNATING SECTIONS 51-17-10 THROUGH 51-17-150 AS ARTICLE 1 OF CHAPTER 17, TITLE 51, ENTITLED "HERITAGE TRUST PROGRAM", AND BY ADDING ARTICLE 3 TO CHAPTER 17, TITLE 51 SO AS TO PROVIDE FOR BONDING AUTHORITY IN THE SOUTH CAROLINA DEPARTMENT OF NATURAL RESOURCES FOR LAND ACQUISITION, RESTORATION, IMPROVEMENT, AND MANAGEMENT OF PROPERTIES FOR INCLUSION IN THE HERITAGE TRUST PROGRAM.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. OWENS having the floor:
H. 4350 (Word version) -- Reps. G. R. Smith, Hamilton, Vaughn, Leach and Bannister: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-222 SO AS TO ALLOW CERTAIN PERSONS WHO WEAR BIOPTIC TELESCOPIC LENSES TO OBTAIN A DRIVER'S LICENSE.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\6730CM06):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Article 1, Chapter 1, Title 56 of the 1976 Code is amended by adding:
"Section 56-1-222. (A) Notwithstanding the provisions contained in Section 56-1-220, a person diagnosed with low vision acuity who uses bioptic telescopic lenses for vision assistance may be issued a driver's license by the Department of Motor Vehicles if the person:
(1) submits a vision report form that complies with subsection (B);
(2) submits proof that the applicant has been trained to operate a motor vehicle while wearing bioptic telescopic lenses as evidenced by having successfully completed a driver-training course or program that meets the criteria listed in subsection (C) for such programs; and
(3) meets all other qualifications for obtaining a driver's license, including passing the department administered road test wearing the bioptic telescopic lenses. A person applying for a driver's license pursuant to this section who fails to pass the road test after two attempts, before another test can be administered, must present certification of completion of another driver-training course or program that meets the criteria listed in subsection (C) dated at least thirty days from the date the second road test was administered.
(B) An applicant for a driver's license who will use bioptic telescopic lenses for vision assistance while driving must submit a vision report form supplied by the department. The report must be completed by an optometrist or ophthalmologist qualified in the field of low vision care. The report must include the following information:
(1) the applicant's vital data;
(2) a diagnosis of the applicant's visual condition and the date of the onset of his visual impairment;
(3) the date the bioptic telescopic system was dispensed to the applicant;
(4) certification by the low vision care professional that the applicant:
(a) is not impaired in the movement of his eyes, head, or neck;
(b) has normal color vision;
(c) has visual acuity of at least 20/200 with the best conventional nontelescopic corrective lenses;
(d) does not have central field vision loss that exceeds five degrees;
(e) has visual acuity of at least 20/60 using the bioptic telescopic lenses;
(f) has a horizontal visual field diameter of not less than one hundred fifty degrees without the use of field expanders; and
(5) a statement concerning the stability of the applicant's condition.
An applicant who is issued a driver's license pursuant to this section must have the low vision report updated annually by an optometrist or ophthalmologist and submit it to the department for review. The eye care professional that examines the applicant and
The department shall review the annual report submitted by the applicant. If the report indicates that the applicant no longer meets the requirements of subsection (B)(4), the department will immediately revoke the license held by the applicant. In order to be issued a new valid license the applicant must retake the department administered road test.
(C) A person applying for a driver's license pursuant to this section must complete successfully a driver-training course or program certified to train individuals to use bioptic telescopic lenses while operating a motor vehicle. To be certified as a bioptic telescopic lens driver-training course or program, the course or program must be administered by a certified driver rehabilitation specialist with a minimum of three years driver-training experience. The course or program must consist of the following minimum training requirements:
(1) operating a motor vehicle under the supervision of a driving instructor for a minimum of thirty hours;
(2) locating stationary objects within the telescopic field of view by aligning the object directly next to the telescopic lenses, and then moving the wearer's head and his eyes simultaneously to see the object with the telescope;
(3) locating a moving object in a large field of vision by anticipating future movement, so that by moving the wearer's head and eyes in a coordinated fashion he can locate the moving object within the telescopic field; and
(4) training in brief visual exposure with the deviation of exposure diminished constantly to simulate short-looking time while driving.
The applicant must apply for a driver's license and take the department road test within six months of having completed the bioptic lens driver-training program.
(D) The following driving restrictions apply to a person who has been issued a driver's license pursuant to this section:
(1) the driver may drive only during daylight hours, defined as after the hour of six o'clock a.m. and no later than six o'clock p.m. However, beginning on the day that daylight saving time goes into effect through the day that daylight saving time ends, the license holder may drive after six o'clock a.m. and no later than eight o'clock p.m.;
(2) the driver is permitted to travel on noninterstate roads and highways only; and
(3) the vehicle being operated by the driver must be equipped with both left and right side mirrors.
(E) Nothing in this section permits an applicant who uses bioptic telescopic lenses for vision assistance to apply for a license to operate a motorcycle or a commercial driver's license."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. OWENS continued speaking.
Rep. ALTMAN made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up, read the second time, and ordered to a third reading:
S. 1098 (Word version) -- Senator McGill: A BILL TO AMEND SECTION 7-7-520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN WILLIAMSBURG COUNTY, SO AS TO ADD THE PERGAMOS VOTING PRECINCT IN WILLIAMSBURG COUNTY, AND TO REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THE AFFECTED PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
The motion period was dispensed with on motion of Rep. HAMILTON.
Rep. WITHERSPOON moved that the House recur to the Morning Hour, which was agreed to.
The following Bill was taken up:
S. 1061 (Word version) -- Senators Gregory, Grooms, Courson, Drummond, Richardson, Campsen, Ryberg, Land, Hutto, Setzler, Hayes, Sheheen, Lourie and Verdin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY REDESIGNATING SECTIONS 51-17-10 THROUGH 51-17-150 AS ARTICLE 1 OF CHAPTER 17, TITLE 51, ENTITLED "HERITAGE TRUST PROGRAM", AND BY ADDING ARTICLE 3 TO CHAPTER 17, TITLE 51 SO AS TO PROVIDE FOR BONDING AUTHORITY IN THE SOUTH CAROLINA DEPARTMENT OF NATURAL RESOURCES FOR LAND ACQUISITION, RESTORATION, IMPROVEMENT, AND MANAGEMENT OF PROPERTIES FOR INCLUSION IN THE HERITAGE TRUST PROGRAM.
Rep. CLEMMONS proposed the following Amendment No. 9 (Doc Name COUNCIL\GJK\20888SD06), which was adopted:
Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:
/SECTION ___. Chapter 17, Title 51 of the 1976 Code is amended by adding:
"Section 51-17-75. If a state agency or department needs for its public purposes to acquire an easement or right-of-way across property of the Heritage Preserve or needs to acquire a fee simple interest in the property, that agency or department shall compensate the Department of Natural Resources as trustee of the Heritage Preserve by providing the department with comparable or similar property or a comparable or similar property interest."/
Renumber sections to conform.
Amend title to conform.
Rep. CLEMMONS explained the amendment.
The amendment was then adopted.
Rep. FRYE explained the Bill.
Rep. WHIPPER moved to adjourn debate upon the following Bill until Tuesday, March 21, which was adopted:
H. 3630 (Word version) -- Reps. Whipper, Martin, J. H. Neal, Govan, Anderson, Bales, Barfield, Breeland, G. Brown, J. Brown, Clyburn, Davenport, Hardwick, M. Hines, Jefferson, Lee, Mack, Moody-Lawrence, Rutherford and Weeks: 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 AT LEAST A TWENTY-FOUR HOUR SUPPLY OF ANY MEDICATIONS BEING PRESCRIBED.
Rep. HARRISON moved to adjourn debate upon the following Joint Resolution until Thursday, February 23, which was adopted:
H. 4502 (Word version) -- Reps. Edge, Harrison, Harrell, Merrill, Young, Bingham, Bailey, Loftis, Perry, Haskins, Witherspoon, Cato, Vaughn, Altman, Sandifer, G. R. Smith, Walker, Jefferson, Ott, Mack, Vick, Clemmons, Bales, Clark, Simrill and Viers: A JOINT RESOLUTION PROPOSING AMENDMENTS TO ARTICLE I, SECTIONS 13 AND 17, AND ARTICLE XIV, SECTION 5 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, TO CONSOLIDATE IN ARTICLE I, SECTION 13 PROVISIONS FOR THE EXERCISE OF THE POWER OF EMINENT DOMAIN BY PUBLIC BODIES OF THIS STATE BY AMENDING ARTICLE I, SECTION 17, RELATING TO TREASON AND THE EXERCISE OF THE POWERS OF EMINENT DOMAIN BY OR WITHIN SUMTER AND CHEROKEE COUNTIES, BY DELETING THE SECOND AND THIRD UNDESIGNATED PARAGRAPHS RELATING TO THE EXERCISE OF THE POWERS OF EMINENT DOMAIN BY OR WITHIN SUMTER AND CHEROKEE COUNTIES, AND BY AMENDING ARTICLE XIV TO DELETE SECTION 5 OF THAT ARTICLE, RELATING TO THE EXERCISE OF THE POWER OF EMINENT DOMAIN BY OR WITHIN SPARTANBURG, YORK, FLORENCE, GREENVILLE, CHARLESTON, RICHLAND, AND LAURENS COUNTIES; TO
Rep. HARRISON moved to adjourn debate upon the following Bill until Thursday, February 23, which was adopted:
H. 4503 (Word version) -- Reps. Edge, Harrison, Harrell, Merrill, Bingham, Young, Loftis, Perry, Haskins, Witherspoon, Bailey, Cato, Vaughn, Altman, Sandifer, G. R. Smith, Walker, Jefferson, Mack, Vick, Hardwick, Clemmons, Bales, Neilson, Mahaffey, Clark, Simrill and Viers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO REFORM CERTAIN EMINENT DOMAIN PROCEDURES BY ADDING SECTION 4-9-32 SO AS TO PROVIDE FOR PROCEDURES REQUIRED OF A COUNTY BEFORE IT MAY EXERCISE EMINENT DOMAIN; BY ADDING SECTIONS 28-2-65 AND 28-2-67 SO AS TO PROVIDE THAT THE OWNER OF CONDEMNED PROPERTY HAS THE RIGHT OF FIRST REFUSAL TO REDEEM HIS PROPERTY IF THE CONDEMNING ENTITY DOES NOT USE THE PROPERTY FOR THE INTENDED PUBLIC USE OR IT CONTEMPLATES A SALE TO ANOTHER PARTY; BY ADDING SECTION 28-3-25 SO AS TO REQUIRE WRITTEN APPROVAL BEFORE CERTAIN PUBLIC BODIES MAY EXERCISE EMINENT DOMAIN; BY ADDING CHAPTER 4 TO TITLE 28 SO AS TO ENACT THE "JUST COMPENSATION FOR LAND USE RESTRICTIONS ACT" PROVIDING A PROCESS FOR CALCULATING AND OBTAINING JUST COMPENSATION WHEN A LAND USE REGULATION AFFECTS A LAND'S VALUE; BY ADDING SECTION 31-7-26 SO AS TO PROVIDE THAT THE TAX INCREMENT FINANCING ACT (TIF) FOR COUNTIES DOES NOT APPLY TO AGRICULTURAL REAL PROPERTY; TO AMEND SECTION 4-9-30, RELATING TO A COUNTY'S AUTHORITY TO EXERCISE EMINENT DOMAIN, SO AS TO LIMIT THE EXERCISE OF EMINENT DOMAIN FOR SLUM
Rep. JENNINGS moved that the House recur to the Morning Hour, which was agreed to.
The following Bill was introduced, read the first time, and referred to appropriate committee:
H. 4708 (Word version) -- Reps. Bowers, Hodges and R. Brown: A BILL TO AMEND SECTION 57-23-810, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ROADSIDE VEGETATION MANAGEMENT ADJACENT TO INTERSTATE HIGHWAY 95 IN COLLETON COUNTY BETWEEN MILE MARKERS 52 AND 54, SO AS TO PROVIDE THAT THE PROVISIONS CONTAINED IN THIS SECTION ALSO APPLY TO ROADSIDE VEGETATION ADJACENT TO THE PORTION OF INTERSTATE HIGHWAY 95 BETWEEN MILE MARKERS 54 AND 58.
On motion of Rep. BOWERS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
Rep. HOWARD moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 4689 (Word version) -- Rep. Allen: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR W. ANDREW "ANDY" ARNOLD OF GREENVILLE COUNTY FOR HIS REMARKABLE ACCOMPLISHMENTS IN ACADEMIA AND THE LEGAL REALM AND TO COMMEND HIM FOR HIS BENEVOLENT CONTRIBUTIONS TO THE COMMUNITY AND STATE OF SOUTH CAROLINA.
H. 4694 (Word version) -- Reps. Scott, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal,
H. 4698 (Word version) -- Reps. Lucas and Coates: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE MEMBERS OF THE 2005 LADY TITANS TENNIS TEAM OF TRINITY COLLEGIATE SCHOOL IN DARLINGTON AND COACH MERI LYN ROGERS ON THE TEAM'S THIRD CONSECUTIVE SOUTH CAROLINA INDEPENDENT SCHOOL ATHLETIC ASSOCIATION STATE CHAMPIONSHIP.
At 12:15 p.m. the House, in accordance with the motion of Rep. CHELLIS, adjourned in memory of Frances Buford Stogner of Summerville, to meet at 10:00 a.m. tomorrow.
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