Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 noon.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:
Our thought for today is from Psalm 138:8: "The Lord will fulfill his purpose for me."
Let us pray. We give thanks to You Lord, for leading us through difficult and rough times. Continue to guide these Representatives and staff through days of rough seas and difficulties. Only by Your hand are we led through the maze of challenges and frustrations. Look in favor upon our Nation, President, State, Governor and leaders. Protect and keep safe our defenders of freedom as they protect us. In the name of our Lord, 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 Friday, the SPEAKER ordered it confirmed.
Rep. FUNDERBURK moved that when the House adjourns, it adjourn in memory of Lieutenant Colonel Thomas Alexander, Jr., of Camden, which was agreed to.
The House stood in silent prayer for the family of James Murray, father of House employee Juanita Levy.
The SPEAKER ordered the following veto printed in the Journal:
March 20, 2006
The Honorable Robert Harrell, Jr.
Speaker of the House of Representatives
Dear Mr. Speaker and Members of the House:
I am hereby vetoing and returning without my approval H. 4294, R. 249.
H. 4294 (Word version) would direct the Budget and Control Board to transfer ownership of a National Guard armory in Bamberg and one in Lake City to their respective city governments.
I am vetoing H. 4294, R. 249 because it allows the State to give away surplus property, depriving state taxpayers of both the benefit of that property and the clarity of the budget process that they are entitled to. This has been a long-standing concern of mine. In 1999, I offered an amendment to the National Defense Authorization Act that would have stopped the Defense Department practice of giving away surplus equipment to local government. I refused to sign similar bills that came to my desk in 2003, and subsequently announced at a meeting of the Budget and Control Board that I would veto future such conveyances. In 2005, I vetoed conveyances of National Guard armories in Inman, Jonesville and Lockhart.
I sincerely believe that if we are to make good decisions in government, they need to reflect reality. Conveyances like the ones in this joint resolution frustrate attempts to create clear budgets that reflect economic reality. When the State gives away "free stuff" to local government, or vice versa, it makes it more difficult for regular taxpayers to get an accurate picture of the basket of goods each portion of their tax burden - local, state and federal - is actually purchasing. In this particular case, the cost of state government will appear higher than it really is; the cost of local government will appear lower than it really is. The fundamental principles of prudent property management and of transparency in government each require that the State receive fair consideration for the transfer of surplus state property. This joint resolution fails to do that.
Therefore, I am returning H. 4294, R. 249 to you without my signature.
Sincerely,
Mark Sanford
Governor
The Veto on the following Act was taken up:
(R249) 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 AND OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY IN LAKE CITY, SOUTH CAROLINA, TO THE CITY OF LAKE CITY.
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:
Branham 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.
The following was received:
March 15, 2006
Mr. Speaker and Members of the House of Representatives:
I am transmitting herewith an interim appointment for confirmation. This appointment is made with advice and consent of the General Assembly and is therefore, submitted for your consideration.
State Ethics Commission
Term Commencing: June 30, 2003
Term Expiring: June 30, 2008
Seat: 5th Congressional District
Vice: Duane Hanson (Resigned)
Initial Appointment
Mr. Robert A. Bruce
Kanawha Insurance Company
210 South White Street
Lancaster, South Carolina 29720
800-635-4252 Ext. 5388
Respectfully,
Mark Sanford
Governor
The appointment was confirmed and a message was ordered sent to the Senate accordingly.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4810 (Word version) -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 2006; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; AND TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THE FISCAL YEAR AND FOR OTHER PURPOSES.
Without Reference
H. 4811 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE SURPLUS FISCAL YEAR 2005-2006 GENERAL FUND REVENUE.
Without Reference
H. 4855 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO HUNTING IN WILDLIFE MANAGEMENT AREAS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3040, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
H. 4856 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO HAZARDOUS WASTE MANAGEMENT REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3003, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
H. 4857 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SHELLFISH, DESIGNATED AS REGULATION DOCUMENT NUMBER 3002, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
H. 4858 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CLASSIFIED WATERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3025, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
S. 616 (Word version) -- Senators Knotts, Grooms, Williams, McConnell, Mescher, Matthews, Scott and Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-3-155 SO AS TO PROVIDE THAT FOR PURPOSES OF PROVISIONS OF LAW REQUIRING THE CESSATION OF ALIMONY AND SPOUSAL SUPPORT UPON THE REMARRIAGE OF THE SUPPORTED SPOUSE, A REMARRIAGE OF THE SUPPORTED SPOUSE WHICH IS LATER ANNULLED BY A COURT OF COMPETENT JURISDICTION EITHER BEFORE OR AFTER A NINETY-DAY PERIOD OF CONTINUED COHABITATION SHALL CAUSE THE CESSATION OF ALIMONY OR SPOUSAL SUPPORT.
Referred to Committee on Judiciary
S. 1004 (Word version) -- Senator Short: A BILL TO PROVIDE FOR THE BUDGET AND CONTROL BOARD TO ISSUE A REQUEST FOR PROPOSALS FOR THE PURPOSE OF CONDUCTING A STUDY TO DETERMINE THE FEASIBILITY AND COST OF CONVERTING THE STATE ASSESSMENT PROGRAM TO A COMPUTER-BASED OR COMPUTER-ADAPTIVE FORMAT; TO AMEND SECTIONS 59-18-120, 59-18-310, AS AMENDED, 59-18-320, 59-18-330, 59-18-340, AND 59-18-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE EDUCATION ACCOUNTABILITY ACT AND THE ADOPTION OF EDUCATIONAL STANDARDS AND ASSESSMENT PROGRAMS, SO AS TO FURTHER DEFINE CERTAIN TERMS, TO PROVIDE FOR THE CREATION OF A STATEWIDE ADOPTION LIST OF FORMATIVE ASSESSMENTS THAT PROVIDE DIAGNOSTIC INFORMATION TO SCHOOL DISTRICTS, TO REVISE CERTAIN EXIT EXAMINATION REQUIREMENTS, TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL ADOPT A
S. 1033 (Word version) -- Senator J. V. Smith: A BILL TO AMEND SECTION 40-11-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTRACTOR LICENSE CLASSIFICATIONS AND SUBCLASSIFICATIONS, INCLUDING THE SWIMMING POOL, SUBCLASSIFICATION UNDER THE GENERAL CONTRACTOR SPECIALTY CLASSIFICATION, SO AS TO PROVIDE THAT WORK UNDER THIS SUBCLASSIFICATION DOES NOT REQUIRE AN EXAMINATION FOR PREFABRICATED OR RESIDENTIAL
S. 1233 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO WILDLIFE MANAGEMENT AREAS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2969, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
S. 1234 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO WILDLIFE MANAGEMENT AREAS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2970, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
The following was introduced:
H. 4859 (Word version) -- Reps. Barfield, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, 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, 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,
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1249 (Word version) -- Senators Sheheen, Short and Gregory: A CONCURRENT RESOLUTION URGING DUKE POWER COMPANY TO WORK IN CONJUNCTION AND COORDINATION WITH THE STATE OF SOUTH CAROLINA TO PROTECT AND PRESERVE LANDS SURROUNDING AND IMPACTED BY THE PRODUCTION OF HYDROELECTRIC POWER ON LAKE WATEREE.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 1252 (Word version) -- Senator Elliott: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE SPAN BRIDGE OVER THE INTRACOASTAL WATERWAY THAT CROSSES HIGHWAY 9 IN HORRY COUNTY IN HONOR OF J. BRYAN FLOYD, AND TO INSTALL APPROPRIATE MARKERS OR SIGNS AT THE BRIDGE CONTAINING THE WORDS "J. BRYAN FLOYD BRIDGE".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was taken up for immediate consideration:
S. 1253 (Word version) -- Senator Lourie: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE OUTSTANDING CONTRIBUTIONS OF THE CIVILIAN CONSERVATION CORPS TO THE BEAUTY AND PRESERVATION OF THE SOUTH CAROLINA LANDSCAPE, AND TO DESIGNATE MARCH 31, 2006, AS "CCC RECOGNITION DAY".
Whereas, on March 9, 1933, President Franklin D. Roosevelt called the 73rd Congress into emergency session to propose a program to address rampant unemployment and the destruction and erosion of our nation's natural resources by recruiting thousands of unemployed young men for a peacetime conservation and natural resources army, which came to be known as "Roosevelt's Tree Army"; and
Whereas, the President's plan was adopted and the Civilian Conservation Corps (CCC) was established upon the signing of the Emergency Conservation Work Act by the President on March 31, 1933; and
Whereas, from President Roosevelt's inauguration on March 4, 1933, to the induction of the first enrollee in the CCC on April 7th, only 37 days had elapsed and Roosevelt was well on his way to fulfilling his promise that he would have 250,000 men in camps by the end of July 1933; and
Whereas, the first CCC Camp opened on April 14, 1933, housing "Roosevelt's Tree Army" and thousands more followed, with more than one hundred camps operating in South Carolina alone; and
Whereas, between 1933 and 1942, more than three million men, including veterans, young adults, and Native Americans, worked on CCC projects in America in forest protection, conservation and natural resource development, and defense work on military reservations; and
Whereas, there was hardly a state that couldn't boast of permanent projects left as markers in the passage of "Roosevelt's Tree Army", and among the many CCC achievements was the planting of over 3 billion trees, development of over 800 state parks, several of which were built
Whereas, more than 100,000 industrious, skilled workers served in CCC camps located in all regions of South Carolina, many settling in the State during and after the Depression; and
Whereas, the product of the proficient labor of the dedicated men of the CCC continues to enrich and fortify the beauty, natural resources, and economic development of communities in South Carolina and across the United States; and
Whereas, the work of the CCC enrollees complemented the establishment of significant South Carolina landmarks and helped to preserve natural resources from erosion, woodland disease, and wildlife damage in state parks, fish hatcheries, and national military parks; and
Whereas, the State of South Carolina and its citizens are indebted to the remarkable efforts and accomplishments of the thousands of workers who served in the CCC program in South Carolina. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly of South Carolina, by this resolution, honor and recognize the outstanding contributions of the Civilian Conservation Corps to the beauty and preservation of the South Carolina landscape and designate March 31, 2006, as "CCC Recognition Day".
Be it further resolved that a copy of this resolution be forwarded to Walter Atwood, President of the National Association of Civilian Conservation Corps.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1257 (Word version) -- Senator Short: A CONCURRENT RESOLUTION TO HONOR GREAT FALLS HIGH SCHOOL BASKETBALL COACH JOHN SMITH FOR HIS OUTSTANDING CONTRIBUTIONS TO THE LIVES OF COUNTLESS STUDENT ATHLETES, AND TO CONGRATULATE HIM ON HIS EXTRAORDINARY RECORD-BREAKING 744 WINS IN HIS THIRTY-SEVEN YEARS AS A COACH.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
On motion of Rep. RHOAD, with unanimous consent, the following was taken up for immediate consideration:
H. 4860 (Word version) -- Reps. Rhoad, Govan, Ott and Cobb-Hunter: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR TO THE PLAYERS, COACHES, AND SCHOOL OFFICIALS OF THE HUNTER-KINARD-TYLER LADY TROJANS GIRLS BASKETBALL TEAM, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF CONGRATULATING THEM ON THEIR OUTSTANDING WIN OF THE CLASS A STATE CHAMPIONSHIP TITLE.
Be it resolved by the House of Representatives:
That the members of the House of Representatives extend the privilege of the floor to the players, coaches, and school officials of the Hunter-Kinard-Tyler Lady Trojans Girls Basketball Team, at a date and time to be determined by the Speaker, for the purpose of congratulating them for their outstanding win of the Class A State Championship Title.
The Resolution was adopted.
The following was introduced:
H. 4861 (Word version) -- Reps. Rhoad, Govan, Ott and Cobb-Hunter: A HOUSE RESOLUTION TO CONGRATULATE THE HUNTER-KINARD-TYLER LADY TROJANS GIRLS BASKETBALL TEAM FOR ITS OUTSTANDING WIN OF THE CLASS A STATE CHAMPIONSHIP TITLE, AND TO HONOR THE PLAYERS AND THEIR COACH, TONIA YOUNG, ON AN EXCEPTIONAL SEASON.
The Resolution was adopted.
On motion of Rep. TOWNSEND, with unanimous consent, the following was taken up for immediate consideration:
H. 4862 (Word version) -- Reps. Townsend and Agnew: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR TO THE STUDENTS, COACHES, AND SCHOOL OFFICIALS OF THE CRESCENT HIGH SCHOOL BOYS WRESTLING TEAM ON A DATE AND AT A TIME TO BE DETERMINED BY THE SPEAKER TO CONGRATULATE THEM ON WINNING THE 2006 CLASS AA-A STATE CHAMPIONSHIP.
Be it resolved by the House of Representatives:
That the members of the House of Representatives extend the privilege of the floor to the students, coaches, and school officials of the Crescent High School Boys Wrestling Team on a date and at a time to be determined by the Speaker to congratulate them on winning the 2006 Class AA-A State Championship.
The Resolution was adopted.
The following was introduced:
H. 4863 (Word version) -- Reps. J. E. Smith, 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,
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4864 (Word version) -- Reps. Townsend and Agnew: A CONCURRENT RESOLUTION TO CONGRATULATE THE CRESCENT HIGH SCHOOL BOYS WRESTLING TEAM FOR WINNING THE 2006 CLASS AA-A STATE CHAMPIONSHIP.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows:
Agnew 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 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 Hodges 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 G. M. Smith G. R. Smith J. E. Smith J. R. Smith Stewart Talley Taylor Thompson Toole Townsend Tripp Umphlett Vaughn Vick Viers Walker Weeks White Whitmire Witherspoon Young
I came in after the roll call and was present for the Session on Tuesday, March 21.
Lonnie Hosey Seth Whipper Karl Allen
Announcement was made that Dr. Conyers O'Bryan of Florence is the Doctor of the Day for the General Assembly.
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. 4488 (Word version)
Date: ADD:
03/21/06 MITCHELL
Bill Number: H. 4381 (Word version)
Date: ADD:
03/21/06 MITCHELL
Bill Number: H. 4660 (Word version)
Date: REMOVE:
03/21/06 CEIPS
I wish to be recorded as voting in favor of H. 4595.
Rep. Ted Vick
The following Bill was taken up:
H. 4572 (Word version) -- Reps. Witherspoon, Frye, Rhoad and Loftis: A BILL TO AMEND SECTION 50-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DIVISION OF THE STATE INTO GAME ZONES, SO AS TO REVISE AND REDUCE THE NUMBER OF THESE GAME ZONES; TO AMEND SECTION 50-11-120, AS AMENDED, RELATING TO HUNTING SEASON FOR SMALL GAME, SO AS TO FURTHER PROVIDE FOR THESE SEASONS BASED ON THE REVISED GAME ZONES AS PROVIDED FOR ABOVE; TO AMEND SECTION 50-11-150, AS AMENDED, RELATING TO BAG LIMITS, SO AS TO FURTHER PROVIDE FOR THESE BAG LIMITS BASED ON THE REVISED GAME ZONES; TO AMEND SECTION 50-11-310, AS AMENDED, RELATING TO OPEN SEASON FOR ANTLERED DEER, SO AS TO FURTHER PROVIDE FOR THESE OPEN SEASONS BASED ON THE REVISED GAME ZONES; TO AMEND SECTION 50-11-335, AS AMENDED, RELATING TO BAG LIMITS ON ANTLERED DEER, SO AS TO FURTHER PROVIDE FOR THESE BAG LIMITS FOR DEER BASED ON THE REVISED GAME ZONES; TO AMEND SECTION 50-11-350, AS AMENDED, RELATING TO PENALTIES FOR ILLEGALLY TAKING, POSSESSING, OR KILLING DEER IN CERTAIN GAME ZONES, SO AS TO REVISE REFERENCES TO PARTICULAR GAME ZONES; TO AMEND SECTION 50-11-520, AS AMENDED, RELATING TO SPECIAL STUDIES OF GAME ZONES STOCKED WITH WILD TURKEY, SO AS TO REVISE REFERENCES TO PARTICULAR GAME ZONES AND FURTHER TO PROVIDE FOR THE SEASON FOR HUNTING AND TAKING MALE WILD TURKEYS; TO AMEND SECTION 50-11-708, RELATING TO THE UNLAWFUL USE OF ARTIFICIAL LIGHTS IN GAME ZONE 6,
Rep. WITHERSPOON explained the Bill.
Rep. PHILLIPS requested debate on the Bill.
Rep. WITHERSPOON continued speaking.
Reps. COLEMAN, KENNEDY, ANTHONY, MAHAFFEY, MCLEOD, WEEKS, DUNCAN, M. A. PITTS, WALKER, WITHERSPOON, J. H. NEAL, OTT, TOOLE, RHOAD, MACK, OWENS, BREELAND and DAVENPORT requested debate on the Bill.
Rep. WITHERSPOON moved to adjourn debate upon the following Bill until Wednesday, April 5, which was adopted:
H. 4660 (Word version) -- Reps. Witherspoon, Loftis, Frye, Clemmons, Barfield, Clark, Edge, Hardwick, Harrison and Ott: A BILL TO AMEND SECTION 48-39-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO COASTAL TIDELANDS AND WETLANDS, SO AS TO DEFINE THE TERM "POOL".
The following Bill was taken up, read the second time, and ordered to a third reading:
S. 511 (Word version) -- Senator Richardson: A BILL TO AMEND SECTION 27-31-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USE OF INSURANCE PROCEEDS TO RECONSTRUCT DAMAGED PROPERTY GOVERNED BY THE HORIZONTAL PROPERTY ACT, SO AS TO PROVIDE FOR REPAIR OR RECONSTRUCTION UPON A VOTE OF EIGHTY PERCENT OF THE CO-OWNERS, OR MORE, IF REQUIRED BY
Rep. HUGGINS explained the Bill.
The Senate amendments to the following Bill were taken up for consideration:
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 DIVISION WHICH ARE SUBJECT TO REVIEW BY THE SUPREME COURT; TO AMEND SECTION 56-1-10, AS AMENDED, RELATING TO DEFINITIONS OF TERMS CONTAINED IN THE PROVISIONS RELATING TO THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE DEFINITIONS FOR CERTAIN TERMS THAT RELATE TO THE DIVISION OF MOTOR VEHICLE HEARINGS; TO AMEND SECTION 56-1-370, RELATING TO THE REVIEW OF THE CANCELLATION, SUSPENSION, OR REVOCATION OF A DRIVER'S LICENSE, SO AS TO DELETE THE PROVISION THAT ALLOWS THE DEPARTMENT OF MOTOR VEHICLES TO CONDUCT THE REVIEW AND PROVIDE THAT THE DIVISION OF MOTOR VEHICLE HEARINGS SHALL CONDUCT THESE PROCEEDINGS; TO AMEND SECTION 56-1-410, RELATING TO
Rep. HARRISON proposed the following Amendment No. 2 (Doc Name COUNCIL\MS\7192AHB06), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Section 1-23-540 of the 1976 Code is amended to read:
"Section 1-23-540. The chief judge (Seat 1) shall receive as annual salary equal to ninety percent of that paid to the circuit family court judges of this State. The remaining judges shall receive as annual salary equal to eighty ninety-five percent of that paid to the circuit court judges of this State chief judge (Seat 1). They are not allowed any fees or perquisites of office, nor may they hold any other office of honor, trust, or profit. Administrative law judges in the performance of their duties are also entitled to that per diem, mileage, expenses, and subsistence as is authorized by law for circuit court judges. Each administrative law judge shall devote full time to his duties as an administrative law judge, and may not practice law during his term of office, nor may he during this term be a partner or associate with anyone engaged in the practice of law in this State." /
Renumber sections to conform.
Amend title to conform.
Rep. G. M. SMITH explained the amendment.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.
The following Bill was taken up, read the third time, and ordered sent to the Senate:
H. 4595 (Word version) -- Reps. Cato, Walker, Jennings, Battle, Cobb-Hunter, Sandifer, Haley, Kennedy, Bales, Ballentine, Branham, Emory, Hayes, J. Hines, Littlejohn, Mahaffey, Miller, Neilson, Rivers, Sinclair, Umphlett, Vick and Bingham: 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.
The motion period was dispensed with on motion of Rep. CATO.
Rep. J. BROWN moved to adjourn debate upon the following Bill until Tuesday, April 4, 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
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
(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.
Rep. PERRY moved to recommit the Bill to the Committee on Education and Public Works.
Rep. PERRY demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anthony Bannister Battle Bowers Coleman Davenport Delleney Hagood Hamilton Hayes Herbkersman Hiott Howard Kirsh Leach Limehouse Littlejohn Loftis McCraw McGee McLeod Miller Moody-Lawrence Owens Phillips Rice Rivers Rutherford Simrill G. R. Smith J. R. Smith Taylor Vaughn Walker
Those who voted in the negative are:
Agnew Allen Anderson Bailey Bales Ballentine Barfield Bingham Brady Breeland G. Brown J. Brown Cato Chalk Chellis Clark Clemmons Cobb-Hunter Cooper Cotty Dantzler Duncan Edge Emory Frye Funderburk Haley Hardwick Harrison Harvin Haskins Hinson Hodges Hosey Huggins Jefferson Jennings Mack Mahaffey Martin Merrill Mitchell J. H. Neal J. M. Neal Neilson Norman Ott Parks Perry Pinson E. H. Pitts M. A. Pitts Rhoad Sandifer
Scarborough Scott Sinclair D. C. Smith Stewart Talley Thompson Toole Townsend Umphlett Vick Viers Weeks White Whitmire Witherspoon Young
So, the House refused to table the motion.
The question then recurred to the motion to recommit the Bill, which was agreed to.
Rep. HAYES moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 4665 (Word version) -- Reps. Duncan, M. A. Pitts and Taylor: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES THE LITTLE RIVER ALONG SOUTH CAROLINA HIGHWAY 72 IN LAURENS COUNTY THE "PATRIOTS OF THE LITTLE RIVER REGIMENT MEMORIAL BRIDGE" IN HONOR OF THE LITTLE RIVER REGIMENT WHICH WAS A GATHERING OF PATRIOTS OF THE OLDE 96 DISTRICT DURING THE AMERICAN REVOLUTIONARY WAR, AND TO ERECT APPROPRIATE SIGNS OR MARKERS AT THIS BRIDGE THAT CONTAIN THE WORDS "PATRIOTS OF THE LITTLE RIVER REGIMENT MEMORIAL BRIDGE".
H. 4757 (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, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey,
H. 4789 (Word version) -- Reps. Funderburk, Coleman, Delleney, Cotty and Lucas: A CONCURRENT RESOLUTION URGING THE DUKE POWER COMPANY TO DEVELOP AND OPERATE ADEQUATE FLOOD CONTROL MANAGEMENT ON LAKE WATEREE FOR THE HEALTH, SAFETY, AND RECREATIONAL ENJOYMENT OF ALL SOUTH CAROLINIANS AS WELL AS FOR THE PROTECTION OF THIS SCENIC NATURAL RESOURCE AND THE BENEFITS IT PROVIDES.
At 1:15 p.m. the House, in accordance with the motion of Rep. FUNDERBURK, adjourned in memory of Lieutenant Colonel Thomas Alexander, Jr., of Camden, to meet at 10:00 a.m. tomorrow.
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