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 Jeremiah 31:10: "Hear the word of the Lord, O nations; proclaim it in the distant coastlands."
Let us pray. O Lord, as You spoke to the prophets of old, now speak to these Representatives as they take seriously the making of laws and resolutions. Be their guide in the deliberations for the people of this State. Give them courage, wisdom, and integrity and a sense of purpose. Look in favor upon our Nation, our President, our State and her leaders. Keep them faithful to You. Protect our defenders of freedom and keep them safe. Hear our prayer, O Lord. 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. HERBKERSMAN moved that when the House adjourns, it adjourn in memory of John Mew of Bluffton, which was agreed to.
The following was received:
January 23, 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.
STATEWIDE APPOINTMENT
State Ethics Commission
Term Commencing: June 30, 2005
Term Expiring: June 30, 2010
Seat: At-Large
Vice: Flynn Thomas Harrell
Initial Appointment
Ms. Susan McWilliams
Nexsen Pruet
Post Office Drawer 2426
Columbia, South Carolina 29202
803-253-8221
Respectfully,
Mark Sanford
Governor
The appointment was confirmed and a message was ordered sent to the Senate accordingly.
The following were received and referred to the appropriate committees for consideration:
Document No. 2983
Agency: Department of Revenue
Statutory Authority: 1976 Code Section 12-4-320
Wired Music
Received by Speaker of the House of Representatives
January 20, 2006
Referred to Ways and Means Committee
Legislative Review Expiration May 20, 2006
Document No. 3006
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Section 48-39-10 et seq.
Statement of Policy, and Specific Project Standards for Tidelands and Coastal Waters
Received by Speaker of the House of Representatives
January 20, 2006
Referred to Agriculture, Natural Resources and Environmental Affairs Committee
Legislative Review Expiration May 20, 2006
Document No. 3032
Agency: Department of Revenue
Statutory Authority: 1976 Code Section 12-4-320
Sales and Use Tax - Warranty
Received by Speaker of the House of Representatives
January 20, 2006
Referred to Ways and Means Committee
Legislative Review Expiration May 20, 2006
Document No. 3027
Agency: Board of Education
Statutory Authority: 1976 Code Sections 59-1-310 and 59-5-60
Nutrition Standards for Elementary (K-5) School Food Service Meals and Competitive Foods
Received by Speaker of the House of Representatives
January 20, 2006
Referred to Education and Public Works Committee
Legislative Review Expiration May 20, 2006
Document No. 2987
Agency: Department of Revenue
Statutory Authority: 1976 Code Section 12-4-320
Alcoholic Beverage License - Records
Received by Speaker of the House of Representatives
January 20, 2006
Referred to Ways and Means Committee
Legislative Review Expiration May 20, 2006
Document No. 3033
Agency: Department of Revenue
Statutory Authority: 1976 Code Section 12-4-320
Sales and Use Tax - Interstate Commerce
Received by Speaker of the House of Representatives
January 20, 2006
Referred to Ways and Means Committee
Legislative Review Expiration May 20, 2006
Document No. 3028
Agency: Board of Education
Statutory Authority: 1976 Code Sections 59-5-60 and 59-25-110
Types and Levels of Credential Classification (Repeal)
Received by Speaker of the House of Representatives
January 20, 2006
Referred to Education and Public Works Committee
Legislative Review Expiration May 20, 2006
Document No. 3029
Agency: Board of Education
Statutory Authority: 1976 Code Sections 5-5-60 and 59-25-110
Requirements for Credential Advancement (Repeal)
Received by Speaker of the House of Representatives
January 20, 2006
Referred to Education and Public Works Committee
Legislative Review Expiration May 20, 2006
Document No. 2985
Agency: Department of Revenue
Statutory Authority: 1976 Code Section 12-4-320
Sales and Use Tax - Manufactured and Modular Homes
Received by Speaker of the House of Representatives
January 20, 2006
Referred to Ways and Means Committee
Legislative Review Expiration May 20, 2006
Document No. 3000
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Sections 44-61-30 and 44-78-65
Emergency Medical Services
Received by Speaker of the House of Representatives
January 20, 2006
Referred to Medical, Military, Public and Municipal Affairs Committee
Legislative Review Expiration May 20, 2006
Document No. 3002
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Section 44-1-140
Shellfish
Received by Speaker of the House of Representatives
January 20, 2006
Referred to Agriculture, Natural Resources and Environmental Affairs Committee
Legislative Review Expiration May 20, 2006
Document No. 3001
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Section 48-2-10
Environmental Protection Fees
Received by Speaker of the House of Representatives
January 20, 2006
Referred to Agriculture, Natural Resources and Environmental Affairs Committee
Legislative Review Expiration May 20, 2006
Document No. 3004
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Section 44-53-1450
Prevention and Control of Lead Poisoning in Children
Received by Speaker of the House of Representatives
January 20, 2006
Referred to Medical, Military, Public and Municipal Affairs Committee
Legislative Review Expiration May 20, 2006
Document No. 3005
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Section 49-5-10 et seq.
(Repeal) Capacity Use Declaration, Waccamaw Area; (Repeal) Capacity Use Declaration, Low Country Area; (New) Groundwater Use and Reporting
Received by Speaker of the House of Representatives
January 20, 2006
Referred to Agriculture, Natural Resources and Environmental Affairs Committee
Legislative Review Expiration May 20, 2006
Document No. 3003
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Section 44-56-30
Hazardous Waste Management Regulations
Received by Speaker of the House of Representatives
January 20, 2006
Referred to Agriculture, Natural Resources and Environmental Affairs Committee
Legislative Review Expiration May 20, 2006
On motion of Rep. HOSEY, with unanimous consent, the following was taken up for immediate consideration:
H. 4482 (Word version) -- Rep. Hosey: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR TO THE PLAYERS, COACHES, AND SCHOOL OFFICIALS OF THE JEFFERSON DAVIS ACADEMY FOOTBALL TEAM OF BARNWELL COUNTY ON JANUARY 25, 2006, AT A TIME TO BE DETERMINED BY THE SPEAKER TO COMMEND AND RECOGNIZE THEM FOR CAPTURING OF THE SOUTH CAROLINA INDEPENDENT SCHOOLS ASSOCIATION CLASS A STATE CHAMPIONSHIP AND TO WISH THEM ALL THE BEST IN UPCOMING SEASONS.
Be it resolved by the House of Representatives:
That the members of the South Carolina House of Representatives, by this resolution, extend the privilege of the floor to the players, coaches, and school officials of the Jefferson Davis Academy Football Team of Barnwell County on January 25, 2006, at a time to be determined by the Speaker to commend and recognize them for capturing the South Carolina Independent Schools Association Class A State Championship and to wish them all the best in upcoming seasons.
The Resolution was adopted.
The following was introduced:
H. 4483 (Word version) -- Rep. Hosey: A HOUSE RESOLUTION TO COMMEND AND RECOGNIZE THE JEFFERSON DAVIS ACADEMY VARSITY FOOTBALL TEAM FROM BARNWELL COUNTY FOR CAPTURING THE SOUTH CAROLINA INDEPENDENT SCHOOLS ASSOCIATION CLASS A STATE CHAMPIONSHIP AND TO WISH THE TEAM AND ITS COACHES ALL THE BEST IN UPCOMING SEASONS.
The Resolution was adopted.
The following was introduced:
H. 4484 (Word version) -- Reps. Harrell, Umphlett, Leach, Rice, Brady, Vaughn, Coates, Hagood, Sinclair, Haley, Talley, Stewart, Toole, Duncan, Clark, Bailey, Hinson, Mahaffey, Merrill, G. R. Smith, J. R. Smith, Walker and Witherspoon: A CONCURRENT RESOLUTION TO REQUEST THE EDUCATION OVERSIGHT COMMITTEE TO INVENTORY AND STUDY ALL FOUR-YEAR-OLD KINDERGARTEN PROGRAMS IN THIS STATE FUNDED IN WHOLE OR IN PART WITH FEDERAL, STATE, OR LOCAL PUBLIC FUNDS; TO REQUEST THE EDUCATION OVERSIGHT COMMITTEE TO DETERMINE THE NECESSARY REQUIREMENTS TO IMPLEMENT A FULL DAY FOUR-YEAR-OLD KINDERGARTEN PROGRAM IN EACH OF THE EIGHT PLAINTIFF SCHOOL DISTRICTS IN THE CASE OF ABBEVILLE COUNTY SCHOOL DISTRICT, ET AL., V. STATE OF SOUTH CAROLINA, ET AL. FOR ALL CHILDREN WHO QUALIFY FOR FREE OR REDUCED PRICED LUNCH AND IN ADDITION TO IMPLEMENT A STATEWIDE FULL DAY FOUR-YEAR-OLD KINDERGARTEN PROGRAM FOR ALL CHILDREN WHO QUALIFY FOR A FREE OR REDUCED PRICE LUNCH; TO REQUEST THE EDUCATION OVERSIGHT COMMITTEE TO COLLABORATE WITH THE OFFICE OF FIRST STEPS TO SCHOOL READINESS IN PERFORMING THESE STUDIES; AND TO SUBMIT THESE REQUESTED STUDIES TO EACH HOUSE OF THE GENERAL ASSEMBLY BY MARCH 15, 2006.
The Concurrent Resolution was ordered placed on the calendar.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4485 (Word version) -- Rep. Littlejohn: A BILL TO AMEND ACT 898 OF 1966, AS AMENDED, RELATING TO THE PACOLET STATION FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE BORROWING AUTHORITY OF THE BOARD OF FIRE CONTROL FROM TWENTY THOUSAND DOLLARS TO THREE HUNDRED THOUSAND DOLLARS.
On motion of Rep. LITTLEJOHN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4486 (Word version) -- Reps. Harrell, Herbkersman, Chalk and Ceips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-20-22 SO AS TO PROVIDE THAT NOTWITHSTANDING A SCHOOL DISTRICT'S INDEX OF TAXPAYING ABILITY, THE MINIMUM STATE FUNDS A SCHOOL DISTRICT SHALL RECEIVE IN ANY YEAR IS FORTY PERCENT OF THE APPLICABLE YEAR'S BASE STUDENT COST, AND TO PROVIDE THAT THE DIFFERENCE BETWEEN WHAT A DISTRICT WOULD RECEIVE UNDER THIS REQUIREMENT AND UNDER THE EDUCATION FINANCE ACT NORMALLY MUST BE PAID FROM THE GENERAL FUND OF THE STATE.
Referred to Committee on Ways and Means
H. 4487 (Word version) -- Reps. Harrell, Umphlett, Leach, Rice, Brady, Vaughn, Coates, Hagood, Sinclair, Haley, Talley, Stewart, Toole, Duncan, Clark, Bales, Hinson, Mahaffey, G. R. Smith, J. R. Smith, Walker and Witherspoon: A BILL TO ENACT THE "SOUTH CAROLINA EARLY CHILDHOOD OPPORTUNITY AND INTERVENTION ACT OF 2006" BY AMENDING SECTION 59-18-500, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACADEMIC PLANS FOR STUDENTS LACKING SKILLS TO PERFORM AT CURRENT GRADE LEVEL, SO AS TO PROVIDE THAT STUDENTS SCORING BELOW GRADE LEVEL ON THE READING PORTION OF THE ENGLISH LANGUAGE ARTS STATEWIDE ASSESSMENT AT GRADE THREE OR GRADE FOUR IN 2006 AND THEREAFTER MUST BE PROVIDED WITH AN INTENSIVE INSTRUCTIONAL PROGRAM TO ENSURE THAT THE STUDENT IS READING ON GRADE LEVEL AT THE END OF THE SUBSEQUENT SCHOOL YEAR AND TO ELIMINATE RETENTION IN GRADE, AND TO PROVIDE FOR OTHER POLICY AND PRACTICE CHANGES TO REDUCE THE NUMBER OF STUDENTS NOT READING ON GRADE LEVEL OR RETAINED AT GRADE LEVEL.
Referred to Committee on Education and Public Works
H. 4488 (Word version) -- Reps. Harrell, J. E. Smith, Rice, Umphlett, Leach, Brady, Vaughn, Coates, Hagood, Sinclair, Haley, Talley, Stewart, Toole, Duncan, Clemmons, Mahaffey, Clark, Bailey, Hinson, Merrill, G. R. Smith, J. R. Smith, Townsend, Walker and Witherspoon: A BILL TO ENACT THE "SOUTH CAROLINA SCHOOL DISTRICT REORGANIZATION AND REALIGNMENT ACT OF 2006" BY ADDING SECTION 59-6-25 SO AS TO PROVIDE THAT THE EDUCATION OVERSIGHT COMMITTEE SHALL STUDY ALL MATTERS RELATING TO OPTIMUM SCHOOL DISTRICT SIZE, ORGANIZATION, AND OPERATION, AND TO PROVIDE FOR THE REPORTING AND IMPLEMENTATION OF THE COMMITTEE'S RECOMMENDATIONS AND THE MANNER IN WHICH THEY SHALL TAKE EFFECT.
Referred to Committee on Education and Public Works
H. 4489 (Word version) -- Reps. Townsend, Walker, Harrell, Umphlett, Coates, Hagood, Sinclair, Haley, Talley, Stewart, Toole, Clark, Bailey, Hinson, Mahaffey, Merrill, G. R. Smith, J. R. Smith and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 62 TO TITLE 59 SO AS TO PROVIDE FOR THE PUBLIC SCHOOL ENROLLMENT CHOICE PROGRAM IN THE PUBLIC SCHOOL SYSTEM OF THIS STATE, TO DEFINE CERTAIN TERMS, TO PROVIDE FOR AN APPLICATION PROCESS FOR STUDENTS WISHING TO TRANSFER, TO PROVIDE RESPONSIBILITIES OF RECEIVING SCHOOL DISTRICTS, TO PROVIDE STANDARDS OF APPROVAL, PRIORITIES OF ACCEPTING STUDENTS, AND CRITERIA FOR DENYING STUDENTS, TO PROVIDE THAT THE PARENT IS RESPONSIBLE FOR TRANSPORTING THE STUDENT TO SCHOOL, TO PROVIDE FOR THE FUNDING OF THE ENROLLMENT CHOICE PROGRAM, TO PROVIDE THAT A STUDENT MAY NOT PARTICIPATE IN INTERSCHOLASTIC ATHLETIC CONTESTS DURING THE FIRST YEAR OF ENROLLMENT, TO PROVIDE THAT A RECEIVING DISTRICT SHALL ACCEPT CERTAIN CREDITS TOWARD A STUDENT'S REQUIREMENTS FOR GRADUATION, TO PROVIDE THAT A SCHOOL DISTRICT MAY CONTRACT WITH CERTAIN ENTITIES FOR THE PROVISION OF SERVICES, AND TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL CONDUCT AN ANNUAL SURVEY AND REPORT THE RESULTS TO THE GENERAL ASSEMBLY.
Referred to Committee on Education and Public Works
H. 4490 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 2-19-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JUDICIAL MERIT SELECTION COMMISSION AND THE PROCESS BY WHICH JUDGES ARE ELECTED, SO AS TO CHANGE THE TIME FRAME FOR THE FORMAL RELEASE OF THE JUDICIAL MERIT SELECTION COMMISSION'S NOMINEES FROM FORTY-EIGHT HOURS AFTER THE NOMINEES HAVE BEEN INITIALLY RELEASED TO THE MEMBERS OF THE GENERAL ASSEMBLY TO THE NEXT LEGISLATIVE DAY THAT FALLS ON A TUESDAY.
Referred to Committee on Judiciary
H. 4491 (Word version) -- Rep. Herbkersman: A BILL TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO REVISE THE DEFINITION OF "QUALIFYING SERVICE-RELATED FACILITY" WITH RESPECT TO COMPENSATION REQUIREMENTS.
Referred to Committee on Ways and Means
H. 4494 (Word version) -- Reps. Hosey and Rhoad: A BILL 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.
On motion of Rep. HOSEY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 1036 (Word version) -- Senators Hayes, Peeler, Short and Gregory: A BILL TO DESIGNATE SECTIONS 1, 2, 3, AND 4 OF ACT 967 OF 1962, AS AMENDED, RELATING TO YORK COUNTY COMMISSION FOR TECHNICAL EDUCATION AS SECTIONS 59-53-1310, 59-53-1320, 59-53-1330, AND 59-53-1340 OF THE 1976 CODE TO BE CONTAINED IN ARTICLE 16, CHAPTER 53, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, ENTITLED "YORK COMMISSION FOR TECHNICAL EDUCATION"; AND TO AMEND ARTICLE 16, CHAPTER 53 OF TITLE 59, RELATING TO THE YORK COMMISSION FOR TECHNICAL EDUCATION, SO AS TO ADD A MEMBER TO THE COMMISSION FROM CHESTER COUNTY AND A MEMBER FROM LANCASTER COUNTY, TO PROVIDE FOR THEIR APPOINTMENTS AND TERMS OF OFFICE; AND TO FURTHER PROVIDE FOR THE POWERS AND DUTIES OF THE COMMISSION.
Referred to Committee on Education and Public Works
The following was introduced:
H. 4492 (Word version) -- Rep. Perry: A HOUSE RESOLUTION TO COMMEND AND RECOGNIZE THE UNIVERSITY OF SOUTH CAROLINA AIKEN PACERS GOLF TEAM FOR ITS IMPRESSIVE WIN OF THE 2005 NCAA DIVISION II MEN'S GOLF CHAMPIONSHIP AND TO HONOR THE PLAYERS AND THEIR COACH, MICHAEL CARLISLE, ON AN EXCEPTIONAL SEASON.
The Resolution was adopted.
On motion of Rep. PERRY, with unanimous consent, the following was taken up for immediate consideration:
H. 4493 (Word version) -- Rep. Perry: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR TO THE PLAYERS, COACHES, AND SCHOOL OFFICIALS OF THE UNIVERSITY OF SOUTH CAROLINA AIKEN PACERS GOLF TEAM AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER TO COMMEND AND RECOGNIZE THEM FOR THEIR IMPRESSIVE WIN OF THE 2005 NCAA DIVISION II MEN'S GOLF 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 players, coaches, and school officials of the University of South Carolina Aiken Pacers Golf Team at a date and time to be determined by the Speaker to commend and recognize them for their impressive win of the 2005 NCAA Division II Men's Golf Championship.
The Resolution was adopted.
The following was introduced:
H. 4495 (Word version) -- Reps. M. A. Pitts, Parks, Pinson and Taylor: A CONCURRENT RESOLUTION TO COMMEND THE STUDENT COUNCIL OF WARE SHOALS HIGH SCHOOL FOR THE OUTSTANDING GENEROSITY THE STUDENTS EXHIBITED IN SUPPORTING SEVERAL CHARITABLE CAUSES AND TO RECOGNIZE THEM AS A STELLAR EXAMPLE OF PHILANTHROPY.
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 Altman Anderson Anthony Bailey Bales Ballentine Bannister Barfield Battle Bingham Bowers Brady Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chellis Clark Clemmons Clyburn Coates Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Edge Emory Frye Funderburk Govan Hagood Haley Hamilton Hardwick Harrell Harrison 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 Norman Ott Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Rhoad Rice Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. Smith G. M. Smith G. R. Smith J. E. Smith J. R. Smith W. D. Smith Stewart Talley Taylor Thompson Toole Townsend Umphlett Vaughn Vick Walker Weeks White Whitmire Witherspoon Young
I came in after the roll call and was present for the Session on Tuesday, January 24.
Denny Neilson Richard Chalk Thayer Rivers Thad Viers Karl Allen Gloria Haskins Fletcher Smith Seth Whipper
The SPEAKER granted Rep. DUNCAN a leave of absence today and tomorrow due to business reasons.
Announcement was made that Dr. Gerry Harmon of Pawley's Island 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. 3160 (Word version)
Date: ADD:
01/24/06 UMPHLETT
Bill Number: H. 4046 (Word version)
Date: ADD:
01/24/06 CLARK
Bill Number: H. 4144 (Word version)
Date: ADD:
01/24/06 SIMRILL
Bill Number: H. 4298 (Word version)
Date: ADD:
01/24/06 BRADY
Bill Number: H. 4300 (Word version)
Date: ADD:
01/24/06 BRADY
Bill Number: H. 4311 (Word version)
Date: ADD:
01/24/06 BRADY
Bill Number: H. 4318 (Word version)
Date: ADD:
01/24/06 BRADY
Bill Number: H. 4319 (Word version)
Date: ADD:
01/24/06 MCLEOD
Bill Number: H. 4347 (Word version)
Date: ADD:
01/24/06 SIMRILL
Bill Number: H. 4351 (Word version)
Date: ADD:
01/24/06 LOFTIS
Bill Number: H. 4353 (Word version)
Date: ADD:
01/24/06 J. BROWN
Bill Number: H. 4353 (Word version)
Date: ADD:
01/24/06 SIMRILL
Bill Number: H. 4366 (Word version)
Date: ADD:
01/24/06 BRADY
Bill Number: H. 4410 (Word version)
Date: ADD:
01/24/06 BRADY
Bill Number: H. 4431 (Word version)
Date: ADD:
01/24/06 BRADY
Bill Number: H. 4445 (Word version)
Date: ADD:
01/24/06 J. BROWN
Bill Number: H. 4446 (Word version)
Date: ADD:
01/24/06 RHOAD
Bill Number: H. 4446 (Word version)
Date: ADD:
01/24/06 HODGES
Bill Number: H. 4449 (Word version)
Date: ADD:
01/24/06 MCGEE
Bill Number: H. 4449 (Word version)
Date: ADD:
01/24/06 STEWART
Bill Number: H. 4450 (Word version)
Date: ADD:
01/24/06 MCGEE
Bill Number: H. 4450 (Word version)
Date: ADD:
01/24/06 STEWART
Bill Number: H. 4452 (Word version)
Date: ADD:
01/24/06 J. BROWN
Bill Number: H. 4446 (Word version)
Date: ADD:
01/24/06 MILLER
The following Bill was taken up:
H. 4464 (Word version) -- Reps. Hinson, Merrill, Dantzler and Limehouse: A BILL TO AMEND ACT 518 OF 1982, AS AMENDED, RELATING TO THE SCHOOL DISTRICT OF BERKELEY COUNTY, THE ELECTION OF ITS MEMBERS, AND THE AUTHORITY OF THE COUNTY BOARD OF EDUCATION TO PREPARE AN OPERATIONAL BUDGET AND SET THE NECESSARY TAX MILLAGE TO SUPPORT THE MILLAGE, SO AS TO PROVIDE THAT THE GOVERNING BODY OF BERKELEY COUNTY SHALL APPROVE BOTH THE BUDGET AND THE TAX MILLAGE NECESSARY TO FUND THE BUDGET.
Rep. JEFFERSON demanded the yeas and nays, which were not ordered.
The Bill was read second time and ordered to third reading by a division vote of 4 to 1.
The following Bill was taken up:
H. 4328 (Word version) -- Reps. Walker, Townsend, Anthony, Clark, J. Hines, J. H. Neal, Owens, E. H. Pitts, D. C. Smith, M. A. Pitts, Bailey, Littlejohn, Clyburn and Toole: 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 PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL ADOPT A DEVELOPMENTALLY APPROPRIATE FORMATIVE READING ASSESSMENT FOR FIRST AND SECOND GRADES, TO PROVIDE FOR PROFESSIONAL DEVELOPMENT FOR ASSESSMENTS, TO PROVIDE FOR CERTAIN ANNUAL SCIENCE AND SOCIAL STUDIES ASSESSMENTS, TO PROVIDE FOR A TASK FORCE TO RECOMMEND ALTERNATIVE EVIDENCE AND PROCEDURES FOR GRADUATION REQUIREMENTS PURSUANT TO CERTAIN CIRCUMSTANCES, TO PROVIDE FOR CONTINUING TEACHER TRAINING TO ENSURE THE VALID AND RELIABLE USE OF ASSESSMENTS, TO PROVIDE THAT THE READINESS ASSESSMENT MUST BE MODIFIED TO PROVIDE INFORMATION ON STUDENT LITERACY DEVELOPMENT, TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL ADMINISTER ANNUALLY THE NATIONAL ASSESSMENT OF EDUCATION PROGRESS TO OBTAIN AN INDICATION OF STUDENT PERFORMANCE RELATIVE TO NATIONAL PERFORMANCE, AND TO PROVIDE THAT THE DEPARTMENT OF EDUCATION SHALL CONVENE ANNUALLY ITS TEAM OF CURRICULUM EXPERTS TO ANALYZE THE RESULTS OF THE ASSESSMENTS; TO AMEND SECTION 59-18-1595, RELATING TO REALLOCATION OF TECHNICAL ASSISTANCE FUNDING, SO AS TO CHANGE A REFERENCE FROM THE PALMETTO ACHIEVEMENT CHALLENGE TEST TO END-OF-YEAR ASSESSMENT; TO AMEND SECTION 59-28-200, RELATING TO THE DEVELOPMENT OF INFORMATIONAL MATERIALS, SO AS TO CHANGE A REFERENCE FROM THE PALMETTO ACHIEVEMENT CHALLENGE TESTS TO STATEWIDE ASSESSMENTS; AND TO REPEAL CHAPTER 30 OF TITLE 59 RELATING TO THE BASIC SKILLS ASSESSMENT PROGRAM.
Rep. WALKER 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. 4446 (Word version) -- Reps. Kennedy, Jennings, Lucas, Hayes, Rhoad, Hodges and Miller: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3367 SO AS TO ALLOW A TEN-YEAR MORATORIUM ON STATE CORPORATE INCOME TAXES OR INSURANCE PREMIUM TAXES TO A TAXPAYER THAT MAKES AT LEAST NINETY PERCENT OF THE TAXPAYER'S TOTAL INVESTMENT IN THIS STATE AND CREATES JOBS IN THE MORATORIUM COUNTY OR TO ALLOW THE MORATORIUM WHEN THAT TAXPAYER CREATES AT LEAST ONE HUNDRED NEW JOBS AND INVESTS AT LEAST ONE HUNDRED FIFTY MILLION DOLLARS IN A MANUFACTURING FACILITY IN A SECOND COUNTY DESIGNATED AS DISTRESSED, LEAST DEVELOPED, OR UNDERDEVELOPED WITH THE NINETY PERCENT OVERALL LIMITATION APPLYING TO INVESTMENT IN ONE OR BOTH OF THESE COUNTIES, TO PROVIDE FOR A FIFTEEN-YEAR MORATORIUM, TO PROVIDE THAT A CHANGE IN BUSINESS FORM DURING THE MORATORIUM PERIOD DOES NOT AFFECT THE MORATORIUM, AND TO DEFINE "TAXPAYER" TO INCLUDE A GROUP OF AFFILIATED TAXPAYERS.
Rep. KENNEDY 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 motion of Rep. J. E. SMITH to reconsider the vote whereby the following Bill was given a third reading was taken up:
H. 4404 (Word version) -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 25 TO CHAPTER 31, TITLE 5 SO AS TO PROVIDE FOR SAFETY NET PROGRAMS AND POLICIES FOR CERTAIN ELECTRIC AND NATURAL GAS CUSTOMERS TO ENSURE THAT THEIR UTILITY SERVICES ARE PROTECTED FROM TERMINATION DURING EXTREME WEATHER CONDITIONS AND PROVIDE THAT A PUBLIC UTILITY MAY DISCONNECT A SPECIAL NEEDS CONSUMER WHEN DIRECTED BY FIRE OR LAW ENFORCEMENT PERSONNEL IN AN EMERGENCY; BY ADDING ARTICLE 9 TO CHAPTER 49, TITLE 33 SO AS TO PROVIDE FOR SAFETY NET PROGRAMS AND POLICIES FOR CERTAIN ELECTRIC CUSTOMERS TO ENSURE THAT THEIR UTILITY SERVICES ARE PROTECTED FROM TERMINATION DURING EXTREME WEATHER CONDITIONS AND PROVIDE THAT A PUBLIC UTILITY MAY DISCONNECT A SPECIAL NEEDS CONSUMER WHEN DIRECTED BY FIRE OR LAW ENFORCEMENT PERSONNEL IN AN EMERGENCY; BY ADDING ARTICLE 19 TO CHAPTER 27, TITLE 58 SO AS TO PROVIDE FOR SAFETY NET PROGRAMS AND POLICIES FOR CERTAIN ELECTRIC AND NATURAL GAS CUSTOMERS TO ENSURE THAT THEIR UTILITY SERVICES ARE PROTECTED FROM TERMINATION DURING EXTREME WEATHER CONDITIONS AND PROVIDE THAT A PUBLIC UTILITY MAY DISCONNECT A SPECIAL NEEDS CONSUMER WHEN DIRECTED BY FIRE OR LAW ENFORCEMENT PERSONNEL IN AN EMERGENCY; AND BY ADDING ARTICLE 5 TO CHAPTER 31, TITLE 58 SO AS TO PROVIDE FOR SAFETY NET PROGRAMS AND POLICIES FOR CERTAIN ELECTRIC CUSTOMERS TO ENSURE THAT THEIR UTILITY SERVICES ARE PROTECTED FROM TERMINATION DURING EXTREME WEATHER CONDITIONS AND PROVIDE THAT A PUBLIC UTILITY MAY DISCONNECT A SPECIAL NEEDS CONSUMER WHEN DIRECTED BY FIRE OR LAW ENFORCEMENT PERSONNEL IN AN EMERGENCY.
Rep. CATO spoke in favor of the motion to reconsider.
The motion to reconsider was then agreed to.
The following Bill was taken up:
H. 4404 (Word version) -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 25 TO CHAPTER 31, TITLE 5 SO AS TO PROVIDE FOR SAFETY NET PROGRAMS AND POLICIES FOR CERTAIN ELECTRIC AND NATURAL GAS CUSTOMERS TO ENSURE THAT THEIR UTILITY SERVICES ARE PROTECTED FROM TERMINATION DURING EXTREME WEATHER CONDITIONS AND PROVIDE THAT A PUBLIC UTILITY MAY DISCONNECT A SPECIAL NEEDS CONSUMER WHEN DIRECTED BY FIRE OR LAW ENFORCEMENT PERSONNEL IN AN EMERGENCY; BY ADDING ARTICLE 9 TO CHAPTER 49, TITLE 33 SO AS TO PROVIDE FOR SAFETY NET PROGRAMS AND POLICIES FOR CERTAIN ELECTRIC CUSTOMERS TO ENSURE THAT THEIR UTILITY SERVICES ARE PROTECTED FROM TERMINATION DURING EXTREME WEATHER CONDITIONS AND PROVIDE THAT A PUBLIC UTILITY MAY DISCONNECT A SPECIAL NEEDS CONSUMER WHEN DIRECTED BY FIRE OR LAW ENFORCEMENT PERSONNEL IN AN EMERGENCY; BY ADDING ARTICLE 19 TO CHAPTER 27, TITLE 58 SO AS TO PROVIDE FOR SAFETY NET PROGRAMS AND POLICIES FOR CERTAIN ELECTRIC AND NATURAL GAS CUSTOMERS TO ENSURE THAT THEIR UTILITY SERVICES ARE PROTECTED FROM TERMINATION DURING EXTREME WEATHER CONDITIONS AND PROVIDE THAT A PUBLIC UTILITY MAY DISCONNECT A SPECIAL NEEDS CONSUMER WHEN DIRECTED BY FIRE OR LAW ENFORCEMENT PERSONNEL IN AN EMERGENCY; AND BY ADDING ARTICLE 5 TO CHAPTER 31, TITLE 58 SO AS TO PROVIDE FOR SAFETY NET PROGRAMS AND POLICIES FOR CERTAIN ELECTRIC CUSTOMERS TO ENSURE THAT THEIR UTILITY SERVICES ARE PROTECTED FROM TERMINATION DURING EXTREME WEATHER CONDITIONS AND PROVIDE THAT A PUBLIC UTILITY MAY DISCONNECT A SPECIAL NEEDS CONSUMER WHEN DIRECTED BY FIRE OR LAW ENFORCEMENT PERSONNEL IN AN EMERGENCY.
Rep. CATO moved to recommit the Bill to the Committee on Labor, Commerce and Industry, which was agreed to.
The following Concurrent Resolution was taken up:
S. 1042 (Word version) -- Senators Hutto, Alexander, Anderson, Bryant, Campsen, Cleary, Courson, Cromer, Drummond, Elliott, Fair, Ford, Gregory, Grooms, Hawkins, Hayes, Jackson, Knotts, Land, Leatherman, Leventis, Lourie, Malloy, Martin, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Reese, Richardson, Ritchie, Ryberg, Scott, Setzler, Sheheen, Short, J. V. Smith, Thomas, Verdin and Williams: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE AT EXIT 159 ALONG INTERSTATE HIGHWAY 26 IN ORANGEBURG COUNTY THE "JOHN W. MATTHEWS, JR. INTERCHANGE", AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERCHANGE THAT CONTAIN THE WORDS "JOHN W. MATTHEWS, JR. INTERCHANGE".
Whereas, the Honorable John Wesley Matthews has led the fight for economic development, job creation, and education in the State of South Carolina and particularly in Orangeburg County; and
Whereas, Senator Matthews has helped secure funding for many initiatives and programs with emphasis on infrastructure in Orangeburg County targeted toward the 301/176, I-95/26, and 301 corridor; and
Whereas, he has proven to be a notable public servant and a dedicated and loving father and grandfather; and
Whereas, Senator Matthews has served the citizens of this State through his career in the public school system, as a small business owner, and through his service to the State as a member of the South Carolina House of Representatives from 1976 through 1984, and a member of the South Carolina Senate from 1985 to the present; and
Whereas, he has been a distinguished and dedicated member of many House of Representatives and Senate Committees where his work to improve education and the economic welfare of every citizen of this State are among the most notable; and
Whereas, Senator Matthews continues to distinguish himself as a member of the Education, Finance, Banking and Insurance, Rules, Ethics, and Invitation's Committees; and
Whereas, he has previously served as a member of the: South Carolina Education Association; Orangeburg County Education Association; Clemson University Board of Visitors; Medical University of South Carolina Board of Trustees; Winthrop College Board of Visitors; Human Affairs Commission; Board of Trustees, Vorhees College; Claflin University Capital Campaign Steering Committee; and Education Oversight Committee; and
Whereas, Senator Matthews serves as Chairman of the Orangeburg County Legislative Delegation, is a former Chairman of the South Carolina Legislative Black Caucus, and is a member of both the Southern Regional Education Board, and the Governor's Middle Grades Task Force; and
Whereas, the Honorable John Wesley Matthews, Jr., is deserving of permanent recognition and honor for his service to this State. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly request that the Department of Transportation name the interchange located at exit 159 along Interstate Highway 26 in Orangeburg County the "John W. Matthews, Jr. Interchange", and erect appropriate signs or markers at this interchange that contain the words "John W. Matthews, Jr. Interchange."
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.
The Concurrent Resolution was adopted and sent to the Senate.
The motion period was dispensed with on motion of Rep. VAUGHN.
Rep. SANDIFER moved to adjourn debate upon the following Bill until Wednesday, January 25, which was adopted:
S. 490 (Word version) -- Senator Land: A BILL TO AMEND SECTION 5-7-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COLLECTION OF DELINQUENT AD VALOREM PROPERTY TAX BY A MUNICIPALITY, SO AS TO MAKE A LIEN FOR MUNICIPAL TAXES WHEN PAYING A LIEN FOR STATE OR COUNTY TAXES, A FIRST LIEN WHEN PAYMENT OF A MUNICIPAL LIEN IS NOT MADE; AND TO AMEND SECTION 12-51-130, AS AMENDED, RELATING TO THE EXECUTION AND DELIVERY OF A TAX TITLE, SO AS TO PROVIDE THAT, IF THE TAX SALE OF AN ITEM PRODUCES MORE CASH THAN THE FULL AMOUNT DUE, THE COVERAGE MUST BE APPLIED TO ANY OUTSTANDING MUNICIPAL TAX LIENS ON THE PROPERTY.
Rep. VICK moved that the House recur to the Morning Hour, which was agreed to.
The following was introduced:
H. 4496 (Word version) -- Reps. Miller and Anderson: A HOUSE RESOLUTION TO COMMEND AND RECOGNIZE THE WACCAMAW HIGH SCHOOL GIRLS TENNIS TEAM ON ITS IMPRESSIVE WIN OF THE SOUTH CAROLINA AA STATE CHAMPIONSHIP TITLE AND TO HONOR THE PLAYERS AND THEIR COACHES, JAMES B. BROWN AND BROWDER MCGILL, ON AN EXCEPTIONAL SEASON.
The Resolution was adopted.
The following was introduced:
H. 4497 (Word version) -- Reps. Miller and Anderson: A HOUSE RESOLUTION TO COMMEND AND RECOGNIZE THE WACCAMAW HIGH SCHOOL GIRLS GOLF TEAM ON ITS IMPRESSIVE WIN OF THE 2005 CLASS AA STATE CHAMPIONSHIP TITLE AND TO HONOR THE PLAYERS AND THEIR COACH, TODD RODENBECK, ON AN EXCEPTIONAL SEASON.
The Resolution was adopted.
On motion of Rep. MILLER, with unanimous consent, the following was taken up for immediate consideration:
H. 4498 (Word version) -- Reps. Miller and Anderson: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR TO THE PLAYERS, COACHES, AND SCHOOL OFFICIALS OF THE WACCAMAW HIGH SCHOOL GIRLS TENNIS TEAM AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, TO COMMEND AND RECOGNIZE THEM FOR THEIR IMPRESSIVE WIN OF THE 2005 AA STATE CHAMPIONSHIP TITLE AND TO HONOR THE PLAYERS AND THEIR COACHES, JAMES B. BROWN AND BROWDER MCGILL, ON AN EXCEPTIONAL SEASON.
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 players, coaches, and school officials of the Waccamaw High School Girls Tennis Team at a date and time to be determined by the Speaker, commend and recognize them for their impressive win of the 2005 AA State Championship Title and honor the players and their coaches, James B. Brown and Browder McGill, on an exceptional season.
The Resolution was adopted.
On motion of Rep. MILLER, with unanimous consent, the following was taken up for immediate consideration:
H. 4499 (Word version) -- Reps. Miller and Anderson: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR TO PLAYERS, COACHES, AND SCHOOL OFFICIALS OF THE WACCAMAW HIGH SCHOOL GIRLS GOLF TEAM, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, TO COMMEND AND RECOGNIZE THEM FOR THEIR IMPRESSIVE WIN OF THE 2005 CLASS AA STATE CHAMPIONSHIP TITLE AND TO HONOR THE PLAYERS AND THEIR COACH, TODD RODENBECK, ON AN EXCEPTIONAL SEASON.
Be it resolved by the House of Representatives:
That the members of the House of Representatives of the State of South Carolina extend the privilege of the floor to the players, coaches, and school officials of the Waccamaw High School Girls Golf Team, at a date and time to be determined by the Speaker, commend and recognize them for their impressive win of the 2005 Class AA State Championship Title and honor the players and their coach, Todd Rodenbeck, on an exceptional season.
The Resolution was adopted.
On motion of Rep. HUGGINS, with unanimous consent, the following was taken up for immediate consideration:
H. 4500 (Word version) -- Reps. Huggins and Hamilton: A CONCURRENT RESOLUTION TO DECLARE WEDNESDAY, JANUARY 25, 2006, AS "SOUTH CAROLINA HOMEOWNERSHIP DAY" IN ORDER TO RECOGNIZE AND HONOR THE SOUTH CAROLINA ASSOCIATION OF REALTORS AND THE MANY OUTSTANDING REALTORS AND REAL ESTATE PROFESSIONALS IN OUR STATE.
Whereas, the South Carolina Association of Realtors has designed a Department of Motor Vehicles "specialty license plate" promoting homeownership; and
Whereas, the South Carolina Association of Realtors will promote the sale of this Homeownership License Plate; and
Whereas, proceeds from the sales of this Homeownership License Plate will be distributed as grants promoting homeownership in South Carolina; and
Whereas, a healthy, happy society must fulfill the desires and aspirations of the majority of its members while protecting the rights of each of its individual entities; and
Whereas, our citizens desire to live in communities where the wonders of the Creator are molded and preserved, and where the prosperity of the members of the society, as well as the animals and plant life indigenous to the environment, is protected and nurtured; and
Whereas, our society has been established, maintained, and prospered based on a recognition of the rights of each individual member; many of the most important of these rights having been codified in our nation's Bill of Rights; and
Whereas, our forefathers found it prudent and wise to ensure the protection of an individual's property rights by establishing these rights in both the Fifth and Fourteenth Amendments to the United States Constitution; and
Whereas, homeownership provides a sense of security for South Carolina families and their children and results in better education, more secure neighborhoods, and a better quality of life for our children; and
Whereas, the purchase of a home for most South Carolinians is the single largest investment they will ever make; and
Whereas, all families in South Carolina regardless of race, color, religion, sex, handicap, familial status, or national origin should have the opportunity to pursue the American dream of homeownership; and
Whereas, housing affordability and choices should be market driven, based on the principles of free enterprise so the American dream of homeownership can be protected and preserved for future generations of South Carolinians; and
Whereas, the South Carolina Association of Realtors services more than seventeen thousand members and has twenty-two local associations throughout this State; and
Whereas, the members of the South Carolina Association of Realtors provide diverse and specialized services in South Carolina in the purchase, sale, leasing, or appraisal of real property including residential, commercial, industrial, and retail development, consulting services, estates, foreclosures, international affairs, investments, luxury homes, property management, and property rehabilitation; and
Whereas, in addition to the unmatched array of member programs, products, and services that the South Carolina Association of Realtors provides to its members, the association also provides critical real estate continuing educational resources to real estate professionals in South Carolina through its Graduate Realtor Institute Program; and
Whereas, the South Carolina Association of Realtors has for many years developed and distributed uniform lease and other common real estate forms that are used and relied on by realtors in South Carolina; and
Whereas, beyond the services it provides to its members and real estate professionals, the South Carolina Association of Realtors has taken public interest positions on local, regional, state, and federal issues relating to the protection of consumers and the real estate industry, including private property rights, seller disclosure initiatives, and against undue taxation; and
Whereas, the South Carolina Association of Realtors and its members are truly the keepers of the American dream of homeownership. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of South Carolina, by this resolution, declare Wednesday, January 25, 2006, as "South Carolina Homeownership Day" in order to recognize and honor the South Carolina Association of Realtors and the many outstanding realtors and real estate professionals in our State.
Be it further resolved that a copy of this resolution be presented to David Burnett, 2006 President of the South Carolina Association of Realtors.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4501 (Word version) -- Reps. G. R. Smith, Witherspoon, Duncan, Leach, Allen, Bailey, Bannister, R. Brown, Cato, Ceips, Cooper, Cotty, Davenport, Edge, Hamilton, Hardwick, Hiott, Huggins, Kirsh, Limehouse, Loftis, Martin, Merrill, Mitchell, Norman, Owens, Perry, Pinson, M. A. Pitts, Rhoad, Rutherford, Sandifer, Scarborough, D. C. Smith, F. N. Smith, G. M. Smith, J. R. Smith, Stewart, Taylor, Tripp, Vaughn, Weeks, White and Young: A BILL TO AMEND SECTION 48-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE SOUTH CAROLINA POLLUTION CONTROL ACT, SO AS TO DEFINE THE TERM "EPHEMERAL STREAM"; AND TO ADD SECTION 48-1-55 SO AS TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL IN ADMINISTERING THE POLLUTION CONTROL ACT HAS JURISDICTION OVER AN EPHEMERAL STREAM AS DEFINED ABOVE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 4502 (Word version) -- Reps. Edge, Harrison, Harrell, Merrill, Young, Bingham, Bailey, Loftis, Perry, Haskins, Haley, Witherspoon, Cato, Vaughn, Altman, Limehouse, Sandifer, G. R. Smith, Umphlett and Walker: 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 PROVIDE FURTHER THAT PRIVATE PROPERTY MUST NOT BE TAKEN IF AT THE TIME OF THE CONDEMNATION THE PUBLIC BODY CONDEMNING THE PROPERTY INTENDS TO CONVEY ANY INTEREST IN THE REAL PROPERTY TO ANOTHER PRIVATE PARTY WITH SPECIFIED EXCEPTIONS, AND TO PROVIDE FOR JUST COMPENSATION FOR THE OWNER OF REAL PROPERTY IF A LAND USE LAW REDUCES ITS FAIR MARKET VALUE.
Referred to Committee on Judiciary
H. 4503 (Word version) -- Reps. Edge, Harrison, Harrell, Merrill, Bingham, Young, Loftis, Perry, Haskins, Haley, Witherspoon, Bailey, Cato, Vaughn, Altman, Limehouse, Sandifer, G. R. Smith, Umphlett and Walker: 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 CLEARANCE AND REDEVELOPMENT OF A BLIGHTED AREA BY A COUNTY; TO AMEND SECTION 5-7-50, RELATING TO A MUNICIPALITY'S AUTHORITY TO EXERCISE EMINENT DOMAIN, SO AS TO LIMIT THE EXERCISE OF EMINENT DOMAIN FOR SLUM CLEARANCE AND REDEVELOPMENT OF A BLIGHTED AREA AND TO PROVIDE REQUIRED PROCEDURES BEFORE THE EXERCISE; TO AMEND SECTION 28-2-30, RELATING TO DEFINITIONS FOR PURPOSES OF EXERCISING EMINENT DOMAIN, SO AS TO DEFINE "BLIGHTED", "JUST COMPENSATION", AND "PUBLIC USE"; TO AMEND SECTIONS 28-3-20 AND 28-3-30, BOTH RELATING TO STATE AUTHORITIES WITH EMINENT DOMAIN POWER, SO AS TO SPECIFY PUBLIC ENTITIES OTHER THAN COUNTIES AND MUNICIPALITIES INCLUDING CERTAIN INSTITUTIONS OF HIGHER LEARNING, THE STATE PORTS AUTHORITY, AND THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION; TO AMEND SECTION 31-7-30, AS AMENDED, RELATING TO TIF FOR COUNTIES, SO AS TO DEFINE "AGRICULTURAL REAL PROPERTY" AND "BLIGHTED"; BY ADDING SECTION 6-33-25, RELATING TO TIF FOR MUNICIPALITIES, SO AS TO EXCLUDE AGRICULTURAL PROPERTY FROM ITS PROVISIONS; TO AMEND SECTION 6-33-30, RELATING TO TIF FOR MUNICIPALITIES, SO AS TO DEFINE "AGRICULTURAL REAL PROPERTY" AND "BLIGHTED"; BY ADDING SECTION 31-6-25, RELATING TO TIF FOR REDEVELOPMENT PROJECTS, SO AS TO EXCLUDE AGRICULTURAL PROPERTY FROM ITS PROVISIONS; AND TO AMEND SECTION 31-6-30, AS AMENDED, RELATING TO TIF FOR REDEVELOPMENT PROJECTS, SO AS TO REDEFINE "AGRICULTURAL REAL PROPERTY" AND "BLIGHTED" AREAS.
Referred to Committee on Judiciary
H. 4504 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTIONS 12-2-60, 12-4-520, 12-37-250, AS AMENDED, 12-37-251, 12-37-255, 12-37-266, 12-37-270, 12-37-275, 12-37-280, 12-37-450, 12-39-15, 12-39-150, 12-39-180, 12-39-190, 12-39-200, 12-39-270, 12-39-310, 12-45-15, 12-45-35, 12-45-70, AND 12-49-85, ALL RELATING TO CERTAIN POWERS AND RESPONSIBILITIES OF THE COMPTROLLER GENERAL IN CONNECTION WITH THE OPERATIONS OF A COUNTY TREASURER AND A COUNTY AUDITOR, SO AS TO DEVOLVE THOSE POWERS AND RESPONSIBILITIES ONTO THE DEPARTMENT OF REVENUE, AND TO REPEAL SECTIONS 11-3-60, 11-3-200, 11-3-220, AND 12-39-320 ALL RELATING TO CERTAIN POWERS AND RESPONSIBILITIES OF THE COMPTROLLER GENERAL IN CONNECTION WITH THE OPERATIONS OF A COUNTY TREASURER OR COUNTY AUDITOR.
Referred to Committee on Ways and Means
H. 4505 (Word version) -- Reps. Neilson, G. Brown, Clark, Bales, Martin, Hosey, Allen, Anthony, R. Brown, Clyburn, Duncan, Miller, Phillips, M. A. Pitts and Taylor: A BILL TO AMEND SECTION 8-11-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SICK LEAVE FOR STATE EMPLOYEES, SO AS TO REMOVE THE ONE-HUNDRED-EIGHTY-DAY LIMIT ON SICK LEAVE THAT MAY BE CARRIED OVER INTO SUCCEEDING CALENDAR YEARS.
Referred to Committee on Ways and Means
H. 4506 (Word version) -- Reps. Neilson, Bales, Clark, R. Brown, G. Brown, Clyburn, Mitchell, Bailey, Hosey, Allen, Anthony, Duncan, Frye, Hodges, Jefferson, Martin, Miller, Phillips, M. A. Pitts and Taylor: A JOINT RESOLUTION TO CREATE A COMMITTEE TO STUDY STEPS TO BE TAKEN TO IMPROVE TRANSPORTATION MEANS FOR THE STATE'S SENIOR AND DISABLED PERSONS, TO PROVIDE FOR THE STUDY COMMITTEE MEMBERSHIP, AND TO REQUIRE THAT THE STUDY COMMITTEE REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY BEFORE JANUARY 14, 2007, AT WHICH TIME THE STUDY COMMITTEE IS ABOLISHED.
Referred to Committee on Education and Public Works
Rep. UMPHLETT moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 4468 (Word version) -- Reps. White, Agnew, Cooper, Martin, Thompson and Townsend: A CONCURRENT RESOLUTION RECOGNIZING THE HONORABLE WILLIAM PRESSLEY STEELE, JR. FOR HIS TWENTY YEARS OF DEDICATED SERVICE TO ANDERSON COUNTY FROM THE BENCH OF THE SUMMARY COURT AND HONORING HIM FOR HIS COMMITMENT TO JUSTICE AND HIS COMMUNITY.
H. 4469 (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 HONORING THE MEMORY OF THE LATE MRS. ROSA LEE SCIPIO HENRY OF RICHLAND COUNTY AND CELEBRATING HER DEDICATION TO HER FAMILY AND COMMUNITY.
At 12:50 p.m. the House, in accordance with the motion of Rep. HERBKERSMAN, adjourned in memory of John Mew of Bluffton, to meet at 10:00 a.m. tomorrow.
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