Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr. as follows:
Our thought for today is from Psalm 119:66: "Teach me knowledge and good judgment, for I believe in your commands."
Let us pray. Heavenly Father, we give thanks for good men and women of talent and ability who offer to undertake the rigorous and difficult role of being public servants. Guide each of these servants of the State to make the right decisions and that all in this Assembly work together to solve problems which face our State and her people. Keep our Nation, our President, our Governor, our State and her leaders in Your care. Bless our defenders of freedom and protect them from all harm. Hear us as 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. SCOTT moved that when the House adjourns, it adjourn in memory of Rosa Lee Scipio Henry, which was agreed to.
Document No. 2972
Agency: Department of Public Safety
Statutory Authority: 1976 Code Sections 23-6-20 and 23-6-30
Transportation of Unmanufactured Forest Products
Received by Speaker of the House of Representatives
April 7, 2005
Referred to Education and Public Works Committee
Withdrawn and Resubmitted February 01, 2006
Rep. COOPER, from the Committee on Ways and Means, submitted a favorable report with amendments on:
S. 1026 (Word version) -- Senators Leatherman, Leventis, Setzler, Rankin, McGill, Short, Martin, Sheheen, Alexander, Anderson, Bryant, Campsen, Cleary, Courson, Cromer, Drummond, Elliott, Fair, Ford, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Land, Lourie, Malloy, Matthews, McConnell, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Reese, Richardson, Ritchie, Ryberg, Scott, J. V. Smith, Thomas, Verdin and Williams: A JOINT RESOLUTION TO APPROPRIATE FROM THE GENERAL FUND OF THE STATE TO THE STATE'S GENERAL DEPOSIT ACCOUNT FISCAL YEAR 2004-2005 SURPLUS REVENUES IN THE AMOUNT OF $104,934,400 FOR THE PURPOSE OF PREVENTING AN ACCUMULATED GENERALLY ACCEPTED ACCOUNTING PRINCIPLES (GAAP) GENERAL FUND DEFICIT.
Ordered for consideration tomorrow.
Rep. COOPER, from the Committee on Ways and Means, submitted a favorable report on:
H. 4450 (Word version) -- Reps. Cotty, Harrell, Merrill, Walker, Ballentine, Haley, Chellis, E. H. Pitts, Townsend, Clark, Altman, Bailey, Bales, Bingham, Bowers, Brady, Cato, Ceips, Clyburn, Coleman, Cooper, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Hagood, Harrison, Haskins, Herbkersman, Hinson, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mahaffey, Martin, Phillips, Pinson, M. A. Pitts, Rhoad, Sandifer, Scarborough, G. M. Smith, J. R. Smith, Thompson, Toole, Tripp, Umphlett, Vaughn, White, Whitmire, Young, W. D. Smith, Kirsh, Huggins, Hamilton, McGee and Stewart: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO FINANCE AND TAXATION, BY ADDING A NEW SECTION 1A SO AS TO PROVIDE THAT FAIR MARKET VALUE OF REAL PROPERTY FOR PURPOSES OF PROPERTY TAX MEANS ITS FAIR MARKET VALUE WHEN OWNERSHIP OF THE REAL PROPERTY LAST WAS TRANSFERRED, INCREASED BY THE FAIR MARKET VALUE OF IMPROVEMENTS TO THE REAL PROPERTY SINCE OWNERSHIP OF THE REAL PROPERTY LAST WAS TRANSFERRED, TO PROVIDE THAT THE GENERAL ASSEMBLY BY LAW MAY DEFINE AN OWNERSHIP TRANSFER AND AN IMPROVEMENT TO REAL PROPERTY, AND MAY ESTABLISH A BASE YEAR FOR DETERMINING INITIAL FAIR MARKET VALUE FOR PURPOSES OF THIS NEW SECTION; AND TO AMEND SECTION 3, ARTICLE X, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO PROVIDE AN ADDITIONAL EXEMPTION FROM PROPERTY TAX EQUAL TO ONE HUNDRED PERCENT OF THE FAIR MARKET VALUE OF A HOMESTEAD AS PRESCRIBED BY THE GENERAL ASSEMBLY BY LAW, AND TO PROVIDE THAT THIS ADDITIONAL EXEMPTION DOES NOT APPLY WITH RESPECT TO PROPERTY TAX IMPOSED FOR PAYMENT OF GENERAL OBLIGATION DEBT.
Ordered for consideration tomorrow.
Rep. COOPER for the Committee on Ways and Means, submitted a favorable report with amendments.
Reps. KENNEDY and COBB-HUNTER for the minority, submitted an unfavorable report on:
H. 4449 (Word version) -- Reps. Cotty, Harrell, Merrill, Walker, Ballentine, Limehouse, E. H. Pitts, Haley, Clark, Townsend, Altman, Anthony, Bailey, Bingham, Bowers, Cato, Ceips, Chellis, Clyburn, Coleman, Cooper, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Hagood, Harrison, Haskins, Herbkersman, Hinson, Leach, Littlejohn, Loftis, Mahaffey, Martin, Phillips, Pinson, M. A. Pitts, Rhoad, Sandifer, Scarborough, F. N. Smith, G. M. Smith, J. R. Smith, Thompson, Toole, Tripp, Umphlett, Vaughn, White, Whitmire, Young, Bales, Lucas, Kirsh, Huggins, Brady, Hamilton, McGee and Stewart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 12-36-1110, 12-36-1120, AND 12-36-1130 SO AS TO IMPOSE AN ADDITIONAL TWO PERCENT SALES AND USE TAX; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT THE SALE OF UNPREPARED FOOD; TO ADD SECTION 11-11-155 SO AS TO CREATE THE HOMESTEAD EXEMPTION FUND AND RESERVE FUND; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO PROVIDE AN ADDITIONAL EXEMPTION EQUAL TO ONE HUNDRED PERCENT OF THE FAIR MARKET VALUE OF OWNER-OCCUPIED RESIDENTIAL PROPERTY FROM THE PROPERTY TAX, AND TO PROVIDE THAT THIS EXEMPTION WITH CERTAIN EXCEPTIONS DOES NOT APPLY WITH RESPECT TO PROPERTY TAX IMPOSED FOR PAYMENT OF GENERAL OBLIGATION DEBT; TO ADD SECTION 12-37-932 SO AS TO PROVIDE THAT THE FAIR MARKET VALUE OF REAL PROPERTY FOR PURPOSES OF THE PROPERTY TAX IS ITS FAIR MARKET VALUE AS APPRAISED IN THE MANNER PROVIDED BY LAW WHEN OWNERSHIP OF THE REAL PROPERTY LAST WAS TRANSFERRED, INCREASED BY THE FAIR MARKET VALUE OF IMPROVEMENTS MADE TO THE REAL PROPERTY SINCE OWNERSHIP OF THE REAL PROPERTY LAST WAS TRANSFERRED, TO PROVIDE THAT ON THE FIRST DAY OF JANUARY IMMEDIATELY FOLLOWING THE EFFECTIVE DATE OF THIS PROVISION THE DUTIES, POWERS, AND FUNCTIONS OF LOCAL COUNTY PROPERTY TAX ASSESSORS ARE TRANSFERRED TO AND DEVOLVED UPON THE PROPERTY TAX DIVISION OF THE STATE DEPARTMENT OF REVENUE, TO PROVIDE THAT THE SALES TAX EXEMPTIONS IN SECTION 12-36-2120 SHALL BE REVIEWED BY THE GENERAL ASSEMBLY EVERY TEN YEARS BEGINNING IN 2010; TO AMEND SECTIONS 11-11-150, 12-43-210, AND 12-43-220, ALL AS AMENDED, RELATING TO THE TRUST FUND FOR TAX RELIEF, REASSESSMENT AND THE VALUATION AND CLASSIFICATION OF PROPERTY FOR PURPOSES OF THE PROPERTY TAX, SO AS TO MAKE CONFORMING AMENDMENTS AND OTHER CHANGES TO REFLECT THESE PROVISIONS; TO AMEND ACT 406 OF 2000, RELATING TO, AMONG OTHER THINGS, THE HOMESTEAD EXEMPTION, SO AS TO DELETE AN OBSOLETE PROVISION; TO REPEAL SECTIONS 12-37-223A, 12-37-270, 12-43-217, 12-43-250, 12-43-260, AND 12-43-295, ALL RELATING TO PROPERTY TAX; TO PROVIDE FOR THE MANNER, AMOUNT, AND CONDITIONS UNDER WHICH REVENUES IN THE HOMESTEAD EXEMPTION FUND SHALL BE DISBURSED TO PROPERTY TAXING ENTITIES OF THIS STATE INCLUDING SCHOOL DISTRICTS TO REIMBURSE THEM FOR THE REVENUE LOST AS A RESULT OF THE PROPERTY TAX EXEMPTIONS; TO PROVIDE THAT LOCAL SALES TAX AND LOCAL OPTION SALES TAX REVENUES PROVIDING PROPERTY TAX RELIEF TO OWNER-OCCUPIED RESIDENTIAL PROPERTY SHALL BE APPLIED FOR PROPERTY TAX RELIEF TO OTHER CLASSES OF PROPERTY; TO ADD SECTION 4-9-56 SO AS TO LIMIT THE MILLAGE PROPERTY TAXING ENTITIES OF THIS STATE MAY IMPOSE ON PROPERTY OTHER THAN OWNER-OCCUPIED RESIDENTIAL PROPERTY, AND TO PROVIDE FOR A SUPERMAJORITY VOTE OF THE GOVERNING BODY OF THE ENTITY TO EXCEED THIS LIMITATION; TO PROVIDE THAT ALL OF THE ABOVE PROVISIONS ARE CONTINGENT UPON RATIFICATION OF CERTAIN CONSTITUTIONAL AMENDMENTS TO ARTICLE X OF THE STATE CONSTITUTION PROVIDING FOR AN ADDITIONAL HOMESTEAD PROPERTY TAX EXEMPTION, DETERMINATION OF FAIR MARKET VALUE OF PROPERTY, AND RELATED MATTERS; TO AMEND SECTIONS 11-27-30, 11-27-40, AND 11-27-50, ALL AS AMENDED, RELATING TO THE EFFECT OF ARTICLE X OF THE SOUTH CAROLINA CONSTITUTION ON BONDS OF THE STATE, POLITICAL SUBDIVISIONS OF THE STATE, AND SCHOOL DISTRICTS, RESPECTIVELY, SO AS TO DEEM AFTER JULY 1, 2006, A COMPLETE OR PARTIAL SUCCESSOR-IN-INTEREST TO, OR OTHER TRANSFEREE OF, OR OTHER ASSOCIATE OF THE STATE, A POLITICAL SUBDIVISION, OR A SCHOOL DISTRICT TO BE THE STATE, POLITICAL SUBDIVISION, OR SCHOOL DISTRICT FOR BONDING PURPOSES WHEN THE SUCCESSOR, TRANSFEREE, OR ASSOCIATE UNDERTAKES ALL OR A PORTION OF THE OPERATION OR ASSUMES ALL OR A PORTION OF A DUTY OF THE STATE, POLITICAL SUBDIVISION, OR SCHOOL DISTRICT; TO AMEND SECTION 12-37-670, RELATING TO LISTING AND ASSESSMENT OF NEW STRUCTURES FOR PROPERTY TAX PURPOSES, SO AS TO AUTHORIZE A COUNTY GOVERNING BODY BY ORDINANCE TO REQUIRE THAT A NEW STRUCTURE BE LISTED BY THE FIRST DAY OF THE MONTH AFTER THE CERTIFICATE OF OCCUPANCY IS ISSUED FOR THE STRUCTURE AND TO PROVIDE FOR THE TIMING OF PAYMENT OF TAXES DUE; TO REPEAL SECTION 12-37-680 RELATING TO A LOCAL COUNTY ORDINANCE ADOPTING THE SAME RULE; TO AMEND SECTION 12-43-215, RELATING TO OWNER-OCCUPIED RESIDENTIAL PROPERTY IN CONNECTION WITH AD VALOREM PROPERTY TAXATION, SO AS TO REQUIRE EACH COUNTY TO SUBMIT AN ANNUAL REPORT TO THE DEPARTMENT OF REVENUE LISTING THE NAMES AND ADDRESSES OF ALL PROPERTY CLASSIFIED AS "OWNER-OCCUPIED"; TO ADD SECTION 59-20-21 SO AS TO PROVIDE THAT BEGINNING WITH THE YEAR 2006, THE STATE BOARD OF EDUCATION, IN DETERMINING THE MINIMUM EDUCATION PROGRAM DESIGNED TO MEET STUDENTS' NEEDS, MAY ONLY CONSIDER FACTORS REQUIRED BY STATUTORY LAW OR WHICH DIRECTLY AFFECT CLASSROOM LEARNING, AND THE LOCAL MAINTENANCE OF EFFORT REQUIRED OF A SCHOOL DISTRICT MUST BE BASED ON THESE DETERMINATIONS; TO ADD 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 FOR THE MANNER IN WHICH ALL OF THESE PROVISIONS SHALL TAKE EFFECT OR BE REPEALED.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3881 (Word version) -- Reps. Hagood, Brady, Altman, Limehouse, Scarborough, Taylor, R. Brown, Mack, Miller, Whipper and Bailey: A BILL TO ENACT THE "SOUTH CAROLINA PRIORITY INVESTMENT ACT" BY AMENDING SECTION 6-29-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPREHENSIVE PLANS OF LOCAL PLANNING COMMISSIONS, SO AS TO AMEND THE HOUSING ELEMENT AND TO PROVIDE FOR TRANSPORTATION, INTERGOVERNMENTAL COORDINA-TION, AND PRIORITY INVESTMENT ELEMENTS OF COMPREHENSIVE PLANS; TO AMEND SECTION 6-29-720, RELATING TO THE REGULATION OF ZONING DISTRICTS, SO AS TO ALLOW LOCAL GOVERNMENTS TO DEVELOP MARKET-BASED INCENTIVES AND ELIMINATION OF UNNECESSARY HOUSING REGULATORY REQUIREMENTS TO ENCOURAGE PRIVATE DEVELOPMENT, TRADITIONAL NEIGHBORHOOD DESIGN, AND AFFORDABLE HOUSING IN PRIORITY INVESTMENT AREAS; TO AMEND SECTION 6-29-1110, RELATING TO DEFINITIONS, SO AS TO DEFINE "AFFORDABLE HOUSING", "MARKET-BASED INCENTIVES", "TRADITIONAL NEIGHBORHOOD DESIGN", AND "UNNECESSARY HOUSING REGULATORY REQUIREMENTS"; TO AMEND SECTION 6-29-1130, RELATING TO REGULATIONS OF A LOCAL GOVERNING BODY GOVERNING THE DEVELOPMENT OF LAND UPON THE RECOMMENDATION OF THE LOCAL PLANNING COMMISSION, SO AS TO FURTHER PROVIDE FOR THE CONTENT OF THESE REGULATIONS RELATING TO LAND DEVELOPMENT; AND TO PROVIDE THAT LOCAL GOVERNMENTS AMEND THEIR COMPREHENSIVE PLANS TO COMPLY WITH THESE PROVISIONS WITHIN TWENTY-FOUR MONTHS OF ENACTMENT.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
H. 4239 (Word version) -- Reps. Umphlett, Dantzler, Hinson and Jefferson: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 24 OF ARTICLE III, SECTION 3 OF ARTICLE VI, AND SECTION 1A OF ARTICLE XVII, TO THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO DUAL OFFICEHOLDING AND QUALIFICATION FOR OFFICE, SO AS TO PROVIDE THAT THE PROHIBITION AGAINST HOLDING TWO OFFICES DOES NOT APPLY TO COMMISSIONED LAW ENFORCEMENT OFFICERS EMPLOYED BY A COUNTY AND MUNICIPAL POLICE OFFICERS EMPLOYED IN A COUNTY IN WHICH THEY DO NOT RESIDE WHO HOLD ANOTHER OFFICE.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
H. 4301 (Word version) -- Reps. G. M. Smith, Bailey, Harrison, Altman, Vaughn, G. R. Smith, Battle, Kirsh, M. A. Pitts, Coates, Moody-Lawrence, Toole, Vick, Littlejohn, Sandifer, Owens and Ceips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 6, CHAPTER 11, TITLE 16 SO AS TO ENACT THE "PROTECTION OF PERSONS AND PROPERTY ACT", TO DEFINE THE TERMS "DWELLING", "GREAT BODILY INJURY", "RESIDENCE", AND "VEHICLE", TO AUTHORIZE THE LAWFUL USE OF DEADLY FORCE AGAINST AN INTRUDER OR ATTACKER IN A PERSON'S DWELLING, RESIDENCE, OR OCCUPIED VEHICLE UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE EXCEPTIONS, TO PROVIDE THAT THERE IS NO DUTY TO RETREAT IF THE PERSON IS IN A PLACE WHERE HE HAS A RIGHT TO BE, INCLUDING THE PERSON'S PLACE OF BUSINESS, AND THE USE OF DEADLY FORCE IS NECESSARY TO PREVENT DEATH, GREAT BODILY INJURY, OR THE COMMISSION OF A VIOLENT CRIME, AND TO PROVIDE THAT A PERSON WHO LAWFULLY USES DEADLY FORCE IS IMMUNE FROM CRIMINAL PROSECUTION AND CIVIL ACTION AND MAY NOT BE ARRESTED UNLESS PROBABLE CAUSE EXISTS THAT THE DEADLY FORCE USED WAS UNLAWFUL.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 4319 (Word version) -- Reps. Harrell, Clark, Bailey, Hinson, Altman, Vaughn, Battle, Cotty, Whipper, Taylor, Kirsh, Coates, Toole, Ballentine, Vick, Littlejohn, Sandifer, Mahaffey, Hardwick, Walker, R. Brown, Haley, McLeod and Ceips: A BILL TO AMEND SECTION 10-1-161, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FLAGS FLOWN AT HALF-STAFF ON THE STATE CAPITOL BUILDING, SO AS TO PROVIDE THAT THE GOVERNOR MAY ORDER FLAGS FLOWN AT HALF-STAFF WHEN AN ACT OF CONGRESS OR A PRESIDENTIAL ORDER IS ISSUED ORDERING FLAGS ON FEDERAL BUILDINGS BE FLOWN AT HALF-STAFF.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
S. 141 (Word version) -- Senators Hayes, Knotts, Reese and Elliott: A BILL TO AMEND SECTION 15-49-20 OF THE 1976 CODE, RELATING TO THE REQUIREMENTS OF A PETITIONER SEEKING A NAME CHANGE, TO PROVIDE THAT A PETITIONER REQUESTING A NAME CHANGE MUST SIGN AN AFFIDAVIT STATING HE HAS NEVER BEEN CONVICTED OF A CRIME UNDER A DIFFERENT NAME OTHER THAN THE NAME IN WHICH HE IS MAKING THE REQUEST AND TO PROVIDE A PENALTY FOR A VIOLATION OF THE SECTION.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
S. 293 (Word version) -- Senators Hayes and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-13-47 SO AS TO ALLOW A LAW ENFORCEMENT OFFICER EMPLOYED BY A NEIGHBORING STATE TO ENTER SOUTH CAROLINA IN FRESH PURSUIT OF A PERSON WHO IS IN FLIGHT FROM THE COMMISSION OF A CRIMINAL OFFENSE IN THE NEIGHBORING STATE AND TO ARREST THE PERSON, TO PROVIDE FOR A PROCEDURE TO DETERMINE THE LAWFULNESS OF THE ARREST, THE RELEASE OF THE PERSON ARRESTED, AND THE EXTRADITION OF THE ARRESTED PERSON, AND TO PROVIDE THAT THIS SECTION APPLIES ONLY TO LAW ENFORCEMENT OFFICERS EMPLOYED BY A NEIGHBORING STATE WHEN HIS STATE HAS ENACTED A PROVISION SIMILAR TO THIS SECTION RELATING TO THE ARREST AND CUSTODY OF A PERSON PURSUED INTO A NEIGHBORING STATE.
Ordered for consideration tomorrow.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report on:
H. 3993 (Word version) -- Rep. Edge: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-31-170 SO AS TO PROVIDE TRAINING AND EXPERIENCE REQUIREMENTS THAT A COUNSELOR FOR THE STATE AGENCY OF VOCATIONAL REHABILITATION SHALL MEET.
Ordered for consideration tomorrow.
The following was introduced:
H. 4558 (Word version) -- Reps. Rutherford, J. Brown, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. 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, 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 HOUSE RESOLUTION TO RECOGNIZE AND HONOR DEACON ROLAND L. THOMAS FOR HIS OUTSTANDING CONTRIBUTIONS TO HIS CHURCH, CAREER, AND COMMUNITY, AND TO WISH HIM ALL THE BEST UPON HIS RETIREMENT.
The Resolution was adopted.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4559 (Word version) -- Reps. G. R. Smith, Allen, Ballentine, Bannister, Dantzler, Haley, Hamilton, Hardwick, Haskins, Hinson, Leach, Loftis, Merrill, F. N. Smith, J. R. Smith, Umphlett and Vaughn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-200 SO AS TO PROVIDE A UNIFORM METHOD OF FILLING VACANCIES IN AN ELECTED OR APPOINTED OFFICE WHEN A PERSON MOVES HIS RESIDENCE OUTSIDE OF THE AREA FROM WHICH HE WAS ELECTED OR APPOINTED.
Referred to Committee on Judiciary
H. 4560 (Word version) -- Reps. Bales and Neilson: A BILL TO AMEND SECTION 40-13-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANNUAL RENEWAL OF COSMETOLOGISTS LICENSES AND THE REQUIREMENT THAT APPLICANTS COMPLETE CERTAIN CONTINUING EDUCATION, SO AS TO EXEMPT A PERSON WHO HAS HELD A LICENSE FOR AT LEAST FIFTEEN CONSECUTIVE YEARS AND IS SEVENTY-FIVE YEARS OF AGE OR OLDER OR HAS HELD CONTINUOUS LICENSURE FOR AT LEAST THIRTY YEARS, IS FIFTY YEARS OLD, AND WHO HAS NOT BEEN DISCIPLINED BY THE BOARD OF COSMETOLOGY FROM TAKING THE CONTINUING EDUCATION COURSES; AND TO PROVIDE THAT, UPON APPROVAL BY THE BOARD, AN ATTENDANCE FORM MAY BE OBTAINED GIVING CONTINUING EDUCATION CREDIT FOR ATTENDANCE AT TRADE SHOW COSMETOLOGY-RELATED INSTRUCTIONAL PROGRAMS.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 4567 (Word version) -- Reps. Umphlett, Merrill, Bailey, J. Brown, Clyburn, Dantzler, Duncan, Herbkersman, Hinson, Hodges, Hosey, Jefferson, Leach, Limehouse and M. A. Pitts: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONS AND OCCUPATIONS BY ADDING CHAPTER 42 SO AS TO PROVIDE FOR THE LICENSURE OF LOCKSMITH AGENCIES, TO REQUIRE EMPLOYEE REGISTRATION, TO REQUIRE SIGNED WORK ORDER FORMS WHEN OPENING RESIDENCES, COMMERCIAL ESTABLISHMENTS, AND MOTOR VEHICLES, AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS.
Referred to Committee on Labor, Commerce and Industry
H. 4571 (Word version) -- Reps. Barfield, E. H. Pitts, Bailey, J. Brown, Hosey, Leach, Littlejohn, Loftis, Rhoad and Young: A BILL TO AMEND SECTION 50-5-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF CERTAIN FISHING DEVICES IN THE SALT WATERS OF THIS STATE FOR RECREATIONAL PURPOSES BY PERSONS NOT COMMERCIALLY LICENSED, SO AS TO INCLUDE "GIGS" AND CERTAIN "GILL NETS" IN THE LIST OF PERMITTED DEVICES; TO AMEND SECTION 50-5-345, RELATING TO THE REQUIREMENT THAT A PERSON BE A COMMERCIALLY LICENSED SALTWATER FISHERMAN IN ORDER TO OBTAIN CERTAIN MARINE RESOURCE PERMITS, SO AS TO PROVIDE EXCEPTIONS; TO AMEND SECTION 50-5-1500, RELATING TO PERMITS FOR SHAD, HERRING, AND STURGEON, SO AS TO FURTHER PROVIDE FOR THE CONDITIONS OF THE PERMIT AS IT RELATES TO COMMERCIAL AND RECREATIONAL FISHERMEN; TO AMEND SECTION 50-5-1510, AS AMENDED, RELATING TO SPECIAL PROVISIONS FOR SHAD AND HERRING, SO AS TO ALLOW RECREATIONAL FISHERMAN TO USE A CERTAIN GILL NET TO TAKE SHAD OR HERRING.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
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, SO AS TO REVISE THESE PROVISIONS, MAKE THEM APPLICABLE TO ALL GAME ZONES, AND PROVIDE PENALTIES FOR VIOLATIONS; AND TO REPEAL SECTIONS 50-11-90, 50-11-555, 50-11-560, 50-11-700, 50-11-703, 50-11-704, 50-11-705, 50-11-706, AND 50-13-360 ALL RELATING TO VARIOUS WILDLIFE AND FISH AND GAME PROVISIONS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 4574 (Word version) -- Reps. Sinclair, Mitchell, Anthony, Duncan, Littlejohn, Mahaffey, Talley and Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-96-324 SO AS TO PROVIDE THAT A LANDFILL IN EXISTENCE IN SPARTANBURG COUNTY AS OF JULY 1, 2006, MAY NOT EXPAND THE VOLUME OF AN EXISTING LANDFILL OR CONSTRUCT A NEW LANDFILL UNLESS IT MEETS DEMONSTRATION OF NEED REQUIREMENTS PROMULGATED IN REGULATION AND TO PROHIBIT GRANTING A VARIANCE FOR SUCH EXPANSION OR NEW CONSTRUCTION.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
On motion of Rep. BANNISTER, with unanimous consent, the following was taken up for immediate consideration:
H. 4561 (Word version) -- Rep. Bannister: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR TO THE ATHLETES, COACHES, AND SCHOOL OFFICIALS OF THE MAULDIN HIGH SCHOOL CROSS COUNTRY TEAM AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER TO COMMEND AND RECOGNIZE THEM FOR THEIR IMPRESSIVE WIN OF THE 2005 AAAA STATE CROSS COUNTRY CHAMPIONSHIP AND TO HONOR THE RUNNERS AND THEIR COACH, DELMER HOWELL, ON AN IMPRESSIVE SEASON.
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 athletes, coaches, and school officials of the Mauldin High School Cross Country Team at a date and time to be determined by the Speaker to commend and recognize them for their impressive win of the 2005 AAAA State Cross Country Championship and to honor the runners and their coach, Delmer Howell, on an impressive season.
The Resolution was adopted.
The following was introduced:
H. 4562 (Word version) -- Rep. Bannister: A CONCURRENT RESOLUTION TO COMMEND AND RECOGNIZE THE MAULDIN HIGH SCHOOL CROSS COUNTRY TEAM ON ITS IMPRESSIVE WIN OF THE 2005 AAAA STATE CROSS COUNTRY CHAMPIONSHIP AND TO HONOR THE RUNNERS AND THEIR COACH, DELMER HOWELL, ON AN EXCEPTIONAL SEASON.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4563 (Word version) -- Rep. Bannister: A CONCURRENT RESOLUTION TO COMMEND AND RECOGNIZE THE J. L. MANN HIGH SCHOOL BOYS SWIM TEAM FOR ITS IMPRESSIVE 2005 AAA STATE SWIMMING CHAMPIONSHIP AND TO HONOR THE SWIMMERS AND THEIR COACH, KATIE COBB, ON AN EXCEPTIONAL SEASON.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. BANNISTER, with unanimous consent, the following was taken up for immediate consideration:
H. 4564 (Word version) -- Rep. Bannister: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR TO THE ATHLETES, COACHES, AND SCHOOL OFFICIALS OF THE J. L. MANN HIGH SCHOOL BOYS SWIM TEAM AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER TO COMMEND AND RECOGNIZE THEM FOR THEIR IMPRESSIVE 2005 STATE AAA SWIMMING CHAMPIONSHIP AND TO HONOR THE SWIMMERS AND THEIR COACH, KATIE COBB, 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 athletes, coaches, and school officials of the J. L. Mann High School Boys Swim Team at a date and time to be determined by the Speaker to commend and recognize them for their impressive 2005 State AAA Swimming Championship and to honor the swimmers and their coach, Katie Cobb, on an exceptional season.
The Resolution was adopted.
On motion of Rep. BANNISTER, with unanimous consent, the following was taken up for immediate consideration:
H. 4565 (Word version) -- Rep. Bannister: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR TO THE CHEERLEADERS, COACHES, AND SCHOOL OFFICIALS OF THE MAULDIN HIGH SCHOOL CHEERLEADING TEAM ON A DATE AND AT A TIME TO BE DETERMINED BY THE SPEAKER TO CONGRATULATE THEM ON THEIR 2005 STATE CLASS AAAA 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 cheerleaders, coaches, and school officials of the Mauldin High School Cheerleading Team on a date and at a time to be determined by the Speaker to congratulate them on their 2005 State Class AAAA Championship Title.
The Resolution was adopted.
The following was introduced:
H. 4566 (Word version) -- Rep. Bannister: A CONCURRENT RESOLUTION TO CONGRATULATE THE MAULDIN HIGH SCHOOL CHEERLEADING TEAM OF GREENVILLE COUNTY ON ITS IMPRESSIVE 2005 STATE CLASS AAAA CHAMPIONSHIP TITLE AND TO HONOR THE CHEERLEADERS AND THEIR COACHES BETTY MITCHELL, BETH WARD, AND SCOTT FOSTER ON AN EXCEPTIONAL SEASON.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4568 (Word version) -- Rep. Clemmons: A HOUSE RESOLUTION RECOGNIZING MICHAEL BLEWITT, A HORSETRAINER FROM HARTSVILLE BY WAY OF AUSTRALIA, AND HIS PARTNER, FRECKLED FOUR BITS, AN ELEVEN-YEAR-OLD HERETOFORE UNHERALDED MARE, ON THEIR STARTLING CAPTURE OF THE 2005 WORLD CHAMPIONSHIP IN THE SENIOR CUTTING CLASS AT THE AMERICAN PAINT HORSE ASSOCIATION SHOW IN FORT WORTH, TEXAS.
The Resolution was adopted.
On motion of Rep. W. D. SMITH, with unanimous consent, the following was taken up for immediate consideration:
H. 4569 (Word version) -- Rep. W. D. Smith: A HOUSE RESOLUTION TO PROVIDE THAT THE STAFF SERVING THE MEMBERS OF THE HOUSE OF REPRESENTATIVES IS NOT REQUIRED TO WORK ON GOOD FRIDAY, APRIL 14, 2006.
Be it resolved by the House of Representatives:
That the staff serving the members of the House of Representatives is not required to work on Good Friday, April 14, 2006.
The Resolution was adopted.
The following was introduced:
H. 4570 (Word version) -- Rep. Hayes: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME HARDY STREET IN DILLON AS "LILIA MCRAE ROAD" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS STREET THAT CONTAIN THE WORDS "LILIA MCRAE ROAD".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
On motion of Rep. J. H. NEAL, with unanimous consent, the following was taken up for immediate consideration:
H. 4573 (Word version) -- Reps. Harrell, 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, 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, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION TO DIRECT THAT THE FLAGS OVER THE STATEHOUSE DOME BE FLOWN AT HALF-STAFF IN HONOR OF AND IN DEEPEST RESPECT FOR CORETTA SCOTT KING, BELOVED WIDOW OF MARTIN LUTHER KING, JR., ON THE DAY OF HER FUNERAL.
Whereas, it is with great sadness that the members of the South Carolina General Assembly acknowledge the death of civil rights activist Coretta Scott King on January 31, 2006; and
Whereas, the widow of civil rights leader Martin Luther King, Jr. made his life's work her own as she carried on his civil rights work throughout her lifetime; and
Whereas, after her husband's assassination in 1968, Mrs. King established the King Center for Nonviolent Social Change in Atlanta, and she fought for the establishment of a national holiday in honor of her husband which became law in 1986; and
Whereas, she was not only a loyal wife and civil rights activist in her own right but she was also the dear and devoted mother of four children: Yolanda Denise King, Martin Luther King III, Dexter Scott King, and Bernice Albertine King; and
Whereas, her grace and determination as she carried on her husband's legacy earned the respect of a nation and perhaps the world. Her life will not be forgotten and her spirit and that of her cherished husband will be passed on to a new generation to keep the dream alive. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, direct that the flags over the State House dome be flown at half-staff in honor of and in deepest respect for Coretta Scott King, beloved widow of Martin Luther King, Jr., on the day of her funeral.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was taken up for immediate consideration:
S. 1091 (Word version) -- Senators Martin and Alexander: A CONCURRENT RESOLUTION TO DECLARE WEDNESDAY, FEBRUARY 22, 2006, AS "SOUTH CAROLINA HOMETOWN DAY" IN ORDER TO RECOGNIZE AND HONOR THE MANY OUTSTANDING MUNICIPAL OFFICIALS IN OUR STATE.
Whereas, municipalities derive their power from the state constitution and laws adopted by the General Assembly; and
Whereas, there are 268 duly incorporated municipalities within the State, with 1.4 million or thirty five percent of the state's population residing within municipalities; and
Whereas, it is estimated that over one million people reside in urbanized areas surrounding the incorporated municipalities; and
Whereas, all municipalities large and small are considered hometown for its residents, providing a sense of place and spirit of community to all within and around its municipal boundaries; and
Whereas, municipalities provide essential services such as law enforcement, fire protection, health and sanitation, recreation, and growth and development controls to protect and enhance the quality of life for all of the citizens of the state; and
Whereas, there are 1,584 mayors and councilmembers that have been duly elected by the residents of their hometowns to implement policies and procedures to carry out the responsibility for providing these essential services; and
Whereas, there are over 17,000 hardworking, dedicated employees of the 268 municipalities that are charged with carrying out the policies and procedures enacted by the municipal councils to provide the essential services to its citizens; and
Whereas, municipalities are economic engines of the State, which drive the economy of the immediate region; and
Whereas, healthy, financially sound, and economically strong municipalities are essential to the health and welfare of the State. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly, by this resolution, declare Wednesday, February 22, 2006, as "South Carolina Hometown Day" in order to recognize and honor the many outstanding municipal officials in our State.
Be it further resolved that a copy of this resolution be forwarded to Elouise James, Council Member of the City of Clemson and 2006 President of the Municipal Association of South Carolina.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1092 (Word version) -- Senators Lourie, Alexander, Anderson, Bryant, Campsen, Cleary, Courson, Cromer, Drummond, Elliott, Fair, Ford, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Land, Leatherman, Leventis, Malloy, Martin, Matthews, 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 EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF SERGEANT ANDREW JOSEPH DERRICK OF COLUMBIA, WHILE SERVING HIS COUNTRY IN IRAQ, AND TO EXTEND THE DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The roll call of the House of Representatives was taken resulting as follows:
Agnew Allen Altman Anderson Anthony Bailey Bales Ballentine Bannister Barfield Bingham Bowers Brady Branham Breeland G. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Cobb-Hunter Coleman Cooper Cotty Dantzler Delleney Duncan Edge Emory Frye Funderburk Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Hayes Herbkersman M. Hines Hinson Hiott Hodges Hosey Howard Jefferson Jennings Kennedy Kirsh Leach Limehouse Littlejohn Loftis Lucas Mack Mahaffey Martin McCraw McGee McLeod Merrill Miller Mitchell 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. R. Smith J. E. Smith J. R. Smith W. D. Smith Stewart Talley Taylor Thompson Toole Townsend Umphlett Vaughn Vick Viers Walker Weeks Whipper White Witherspoon Young
I came in after the roll call and was present for the Session on Wednesday, February 1.
William R. "Bill" Whitmire Thayer Rivers Joe Brown Ralph Davenport Daniel Tripp G. Murrell Smith Jerry Govan Chip Huggins Denny Neilson Todd Rutherford Fletcher Smith Bessie Moody-Lawrence Marty Coates Jesse Hines
The SPEAKER granted Rep. BATTLE a leave of absence for the day due to illness.
Rep. HOWARD 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, January 31.
Announcement was made that Dr. Marshall L. Meadors III of Anderson 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. 3720 (Word version)
Date: ADD:
02/01/06 CLARK
Bill Number: H. 4317 (Word version)
Date: ADD:
02/01/06 MITCHELL
Bill Number: H. 4317 (Word version)
Date: ADD:
02/01/06 BOWERS
Bill Number: H. 4346 (Word version)
Date: ADD:
02/01/06 SIMRILL
Bill Number: H. 4346 (Word version)
Date: ADD:
02/01/06 MCGEE
Bill Number: H. 4351 (Word version)
Date: ADD:
02/01/06 MAHAFFEY
Bill Number: H. 4351 (Word version)
Date: ADD:
02/01/06 BALES
Bill Number: H. 4353 (Word version)
Date: ADD:
02/01/06 MAHAFFEY
Bill Number: H. 4144 (Word version)
Date: ADD:
02/01/06 J. R. SMITH
Bill Number: H. 4430 (Word version)
Date: ADD:
02/01/06 BRADY
Bill Number: H. 4465 (Word version)
Date: ADD:
02/01/06 BRADY
Bill Number: H. 4488 (Word version)
Date: ADD:
02/01/06 HARDWICK
Bill Number: H. 4502 (Word version)
Date: ADD:
02/01/06 VICK
Bill Number: H. 4503 (Word version)
Date: ADD:
02/01/06 VICK
Bill Number: H. 4503 (Word version)
Date: ADD:
02/01/06 HARDWICK
Bill Number: H. 4510 (Word version)
Date: ADD:
02/01/06 HARDWICK
Bill Number: H. 4510 (Word version)
Date: ADD:
02/01/06 WITHERSPOON
Bill Number: H. 4510 (Word version)
Date: ADD:
02/01/06 ANDERSON
Bill Number: H. 4510 (Word version)
Date: ADD:
02/01/06 R. BROWN
Bill Number: H. 4510 (Word version)
Date: ADD:
02/01/06 MCLEOD
Bill Number: H. 4516 (Word version)
Date: ADD:
02/01/06 BRADY
Bill Number: H. 4518 (Word version)
Date: ADD:
02/01/06 BRADY
Bill Number: H. 4449 (Word version)
Date: REMOVE:
02/01/06 W. D. SMITH
The following Joint Resolutions were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification:
S. 1024 (Word version) -- Senator Thomas: A JOINT RESOLUTION TO POSTPONE UNTIL 2007 THE IMPLEMENTATION OF THE VALUES DETERMINED IN GREENVILLE COUNTY'S MOST RECENTLY COMPLETED COUNTYWIDE APPRAISAL AND EQUALIZATION PLAN.
S. 947 (Word version) -- Senators Courson, Hayes, Matthews, Setzler, Lourie, Short, Fair, Leventis, Land, Alexander, Ford, Gregory, O'Dell, Malloy, Moore, McConnell, J. V. Smith, Sheheen, McGill, Knotts, Cleary, Richardson, Jackson, Patterson and Hutto: A JOINT RESOLUTION TO PROVIDE THAT ACT 99 OF 1999, THE SOUTH CAROLINA FIRST STEPS TO SCHOOL READINESS ACT, IS REAUTHORIZED UNTIL JULY 1, 2013.
The following Bills and Joint Resolution were taken up, read the third time, and ordered sent to the Senate:
H. 4446 (Word version) -- Reps. Kennedy, Jennings, Lucas, Hayes, Rhoad, Hodges, Miller and Bales: 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.
H. 4406 (Word version) -- Reps. Townsend, Anthony, Breeland, J. Brown, Whipper, Walker, Scott, Littlejohn, Cobb-Hunter, Bales, Cotty, Anderson, McLeod, R. Brown, Frye, Harrell, Huggins, Battle, Rivers, Miller, Lucas, Clark, Altman, Agnew, Ballentine, Bowers, Brady, Branham, Ceips, Chellis, Clyburn, Coleman, Emory, Funderburk, Haley, Harrison, Hayes, J. Hines, Hiott, Hosey, Howard, Jefferson, Jennings, Kennedy, Kirsh, Mack, Martin, McCraw, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Phillips, E. H. Pitts, Rhoad, Rice, Rutherford, Scarborough, F. N. Smith, G. R. Smith, J. E. Smith, Vick, Weeks, Whitmire, Hodges, Mitchell, Hagood, Taylor, Skelton, Hinson, Young, Cooper, Bailey, Loftis, Govan and Mahaffey: A JOINT RESOLUTION TO PROVIDE THAT ACT 99 OF 1999, THE SOUTH CAROLINA FIRST STEPS TO SCHOOL READINESS ACT, IS REAUTHORIZED UNTIL JULY 1, 2013.
H. 3414 (Word version) -- Rep. Talley: A BILL TO AMEND SECTIONS 7-15-220, 7-15-380, AS AMENDED, 7-15-385, AS AMENDED, AND 7-15-420, AS AMENDED, RELATING TO CASTING A BALLOT BY MEANS OF AN ABSENTEE BALLOT, SO AS TO DELETE THE REQUIREMENT THAT THE SIGNATURE OR MARK OF AN ABSENTEE APPLICANT BE WITNESSED.
H. 4522 (Word version) -- Reps. Hardwick, Miller, Anderson, Barfield, Clemmons, Edge, Hayes, Viers and Witherspoon: A BILL TO AMEND JOINT RESOLUTION 272 OF 1985, RELATING TO THE MURRELL'S INLET-GARDEN CITY FIRE DISTRICT IN GEORGETOWN AND HORRY COUNTIES, SO AS TO AUTHORIZE THE BOARD OF FIRE CONTROL FOR THE DISTRICT TO USE A PORTION OF THE IMPACT FEES TO CONSTRUCT A FACILITY OR BUILDING IN WHICH TO HOUSE OR STORE FIRE FIGHTING EQUIPMENT.
H. 4526 (Word version) -- Reps. J. R. Smith, Clyburn, Perry, D. C. Smith, Stewart and Clark: A BILL TO AMEND SECTION 7-7-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN AIKEN COUNTY, SO AS TO REVISE AND RENAME CERTAIN PRECINCTS AND REDESIGNATE A MAP NUMBER ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
H. 4533 (Word version) -- Reps. Talley, R. Brown, Martin and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-780 SO AS TO AUTHORIZE A STATE EMPLOYEE TO TRANSFER LEAVE TO A SPECIFIC EMPLOYEE OF THE SAME AGENCY TO BE USED BY THAT EMPLOYEE FOR EXTENDED MATERNITY LEAVE.
The following Bill was taken up:
H. 4046 (Word version) -- Reps. Townsend, Clark and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-67-580 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL IMPLEMENT A SCHOOL BUS REPLACEMENT CYCLE TO REPLACE APPROXIMATELY ONE-TWELFTH OF THE FLEET EACH YEAR, RESULTING IN A COMPLETE REPLACEMENT OF THE FLEET EVERY TWELVE YEARS.
Rep. RICE proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\22394SJ06), which was adopted:
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. Article 1, Chapter 67, Title 59 of the 1976 Code is amended by adding:
"Section 59-67-580. (A) With funds appropriated by the General Assembly, the State Board of Education shall implement a school bus replacement cycle to replace approximately one-twelfth of the fleet each year, resulting in a complete replacement of the fleet every twelve years.
(B) With funds appropriated by the General Assembly, the department shall establish a grant program to fund transportation of students to alternate public schools including but not limited to charter schools, vocational second and third choice schools, magnet schools, montessori schools, international baccalaureate schools, and English as a second language schools. Those districts having alternate public schools may apply to the department for grants funds to pay for the additional cost of transporting students to these schools."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. RICE explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Joint Resolution was taken up:
S. 617 (Word version) -- Senators Alexander, Setzler, Short, Verdin, Ryberg, Knotts, Campsen and Ritchie: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 16, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO BENEFITS AND FUNDING OF PUBLIC EMPLOYEE PENSION PLANS IN THIS STATE. INVESTMENTS ALLOWED FOR FUNDS OF THE VARIOUS STATE-OPERATED RETIREMENT SYSTEMS, AND THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL, SO AS TO DELETE THE RESTRICTIONS LIMITING SUCH INVESTMENTS TO AMERICAN-BASED CORPORATIONS REGISTERED ON AN AMERICAN NATIONAL EXCHANGE AS PROVIDED IN THE SECURITIES EXCHANGE ACT OF 1934 OR QUOTED THROUGH THE NATIONAL ASSOCIATION OF SECURITIES DEALERS AUTOMATIC QUOTATION SYSTEM; AND TO PROPOSE A FURTHER AMENDMENT TO SECTION 16, ARTICLE X, SO AS TO ELIMINATE THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that the first sentence of the fourth paragraph, Section 16, Article X of the Constitution of this State be amended to read:
"Notwithstanding the provisions of Section 11 of this article, the funds of the various state-operated retirement systems may be invested and reinvested in equity securities of any corporation within the United States that is registered on a national securities exchange as provided in the Securities Exchange Act of 1934 or any successor act or quoted through the National Association of Securities Dealers Automatic Quotations System or similar service."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must the first sentence of the fourth paragraph of Section 16, Article X of the Constitution of this State relating to the equity securities investments allowed for funds of the various state-operated retirement systems be amended so as to delete the restrictions limiting investments in equity securities to those of American-based corporations registered on an American national exchange as provided in the Securities Exchange Act of 1934 or any successor act, or quoted through the National Association of Securities Dealers Automatic Quotations System or similar service?
No []
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
SECTION 3. It is proposed that Section 16, Article X of the Constitution of this State be amended by deleting the second through the seventh sentence of the fourth paragraph which reads:
"Upon the enactment of the implementing legislation required by this paragraph, there is established the State Retirement Systems Investment Panel. The panel shall consist of five members, one each appointed by the Governor, the State Treasurer, the Comptroller General, and the chairmen of the respective committees of the Senate and House of Representatives having subject matter jurisdiction over appropriations. The appointee of the Governor shall serve as chairman. All persons appointed must possess substantial financial investment experience and no person may be appointed or continue to serve who is an elected or appointed officer or employee of the State or any of its political subdivisions, including school districts. The General Assembly shall implement this paragraph by enacting legislation establishing the panel and providing for the terms, duties, and compensation of its members, and which specifically authorizes the investments allowed by this paragraph, and may provide limitations on investments in equity securities as it considers prudent. The panel established by this paragraph shall not exist until it is established in the implementing legislation required pursuant to this paragraph."
SECTION 4. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must the second through the seventh sentences of the fourth paragraph of Section 16, Article X of the Constitution of this State relating to the establishment and membership of the State Retirement Systems Investment Panel be amended by deleting these sentences thereby abolishing this constitutionally established panel?
No []
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
Rep. KIRSH explained the Joint Resolution.
Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:
Those who voted in the affirmative are:
Agnew Allen Anderson Anthony Bailey Bales Ballentine Bannister Barfield Bingham Bowers Brady Branham G. Brown J. Brown R. Brown Cato Ceips Clark Clemmons Clyburn Coates Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Duncan Edge Emory Frye Funderburk Govan Haley Hamilton Hardwick Harrell Harrison Haskins Hayes J. Hines M. Hines Hinson Hiott Hosey Huggins Jefferson Jennings Kirsh Leach Limehouse Littlejohn Lucas Mahaffey Martin McCraw Merrill Miller Mitchell Moody-Lawrence J. M. Neal Norman Ott Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Rhoad Rice Rivers Rutherford 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 Viers Weeks Whitmire Witherspoon Young
Those who voted in the negative are:
Hodges Kennedy
So, the Joint Resolution, having received the necessary two-thirds vote, was passed and ordered to third reading.
The following Bill was taken up:
H. 3882 (Word version) -- Reps. Harrell and Clark: 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.
Reps. TOWNSEND, OWENS and CLARK proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\6676CM06), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-1450. (A) An owner of a motor vehicle that is thirty years old or older, may apply to the department to use a license plate issued by this State in the year corresponding to the model year of the vehicle, if the license plate is legible and serviceable, as determined by the department. The department shall promulgate regulations establishing the criteria it will use to determine whether a year of manufacture plate is legible and serviceable. If the department determines that the plate is legible and serviceable, the applicant must submit the regular vehicle registration fee contained in Article 5, Chapter 3 of this title, and the special license plate fee required by Section 56-3-2020. The biannual renewal fee for these plates shall be the regular vehicle registration fee contained in Article 5, Chapter 3 of this title, and the special license plate fee required by Section 56-3-2020.
(B) Once the department approves use of the plate and the applicant submits the required fees, the department shall register the plate to the applicant. The department may not register any duplicate plates. The applicant may only use the special license plate on the vehicle with which the license plate registration corresponds.
(C) License plates registered pursuant to this section may only be transferred to vehicles of the same model year as the year the license plate was originally issued."
SECTION 2. This act takes effect six months after the approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. OWENS explained the amendment.
The amendment was then adopted.
Reps. TOWNSEND and OWENS proposed the following Amendment No. 2 (Doc Name COUNCIL\SWB\6682CM06), which was adopted:
Amend the report of the Committee on Education and Public Works, as and if amended, by deleting / biannual / on line 39, SECTION 1, page 3882-1 and inserting /biennial /.
Renumber sections to conform.
Amend title to conform.
Rep. OWENS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following was introduced:
H. 4575 (Word version) -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H. 4450, RELATING TO AN AMENDMENT TO THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO PROPERTY TAX REFORM, FOR SECOND READING OR OTHER CONSIDERATION ON WEDNESDAY, FEBRUARY 8, 2006, IMMEDIATELY FOLLOWING THE CALL OF THE UNCONTESTED CALENDAR AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H. 4450 UNTIL SECOND READING OR OTHER DISPOSITION; AND TO SET BY SPECIAL ORDER H. 4449, RELATING TO STATUTORY PROPERTY TAX REFORM, FOR SECOND READING OR OTHER CONSIDERATION IMMEDIATELY AFTER SECOND READING SPECIAL ORDER CONSIDERATION OF H. 4450 AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H. 4449 UNTIL SECOND READING OR OTHER DISPOSITION; TO SET BY SPECIAL ORDER H. 4449 FOR THIRD READING OR OTHER CONSIDERATION ON THE NEXT LEGISLATIVE DAY IMMEDIATELY AFTER SECOND READING SPECIAL ORDER CONSIDERATION OF H. 4449 AND PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H. 4449 UNTIL THIRD READING OR OTHER DISPOSITION; AND TO SET BY SPECIAL ORDER H. 4450 FOR THIRD READING OR OTHER CONSIDERATION IMMEDIATELY AFTER THIRD READING SPECIAL ORDER CONSIDERATION OF H. 4449 AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H. 4450 UNTIL THIRD READING OR OTHER DISPOSITION.
Be it resolved by the House of Representatives:
That H. 4450, relating to an amendment to the Constitution of South Carolina, 1895, relating to property tax reform, is set by special order for second reading or other consideration on Wednesday, February 8, 2006, immediately following the call of the uncontested calendar and continuing on each legislative day after Wednesday, February 8, 2006, immediately following the call of the uncontested calendar until H. 4450 is given second reading or other disposition.
Be it further resolved that H. 4449, relating to statutory property tax reform, is set by special order for second reading or other consideration immediately following second reading or other consideration of H. 4450 and continuing on each legislative day thereafter immediately following the call of the uncontested calendar until H. 4449 is given second reading or other disposition.
Be it further resolved that H. 4449, relating to statutory property tax reform, is set by special order for third reading or other consideration on the next legislative day immediately following second reading of H. 4449 and continuing on each legislative day thereafter immediately following the call of the uncontested calendar until H. 4449 is given third reading or other disposition.
Be it further resolved that H. 4450, relating to an amendment to the Constitution of South Carolina, 1895, relating to property tax reform, is set by special order for third reading or other consideration immediately following third reading of H. 4449 and continuing on each legislative day thereafter immediately following the call of the uncontested calendar until H. 4450 is given third reading or other disposition.
Rep. CHELLIS explained the Resolution.
The Resolution was adopted.
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
H. 3720 (Word version) -- Reps. Talley, Harrison and Clark: A BILL TO AMEND SECTION 7-15-460, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ABSENTEE VOTING BY ARMED SERVICES PERSONNEL DURING A MILITARY EMERGENCY, SO AS TO EXPAND THE APPLICATION OF THE PROVISIONS OF THE SECTION AND DIRECT THE STATE ELECTION COMMISSION TO TAKE ALL STEPS NECESSARY INCLUDING, BUT NOT LIMITED TO, ELECTRONIC TRANSMISSIONS, TO ENSURE THAT ANY OUT-OF-STATE RESIDENT HAS THE OPPORTUNITY TO RECEIVE AND CAST ANY BALLOT HE WOULD HAVE BEEN ELIGIBLE TO CAST IF HE HAD RESIDED AND REMAINED IN SOUTH CAROLINA.
Rep. TALLEY explained the Bill.
H. 3721 (Word version) -- Reps. Talley and Harrison: A BILL TO AMEND SECTION 7-11-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUBSTITUTION OF A CANDIDATE WHERE THE PARTY NOMINEE DIES, BECOMES DISQUALIFIED, OR RESIGNS, SO AS TO PROVIDE THAT THE STATE ELECTION COMMISSION REVIEWS THE WITHDRAWAL OF A CANDIDATE IN A MULTI-COUNTY ELECTION OR AN ELECTION FOR A MEMBER OF THE GENERAL ASSEMBLY.
Rep. TALLEY explained the Bill.
H. 4536 (Word version) -- Rep. Harrell: 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.
H. 4537 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO GRADUATION REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2942, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. WHITMIRE explained the Joint Resolution.
The following Joint Resolution was taken up:
H. 4538 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ASSESSMENT PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2971, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. WHITMIRE explained the Joint Resolution.
Rep. M. A. PITTS made the Point of Order that the Joint Resolution 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 Joint Resolution was taken up:
H. 4539 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO SOUTH CAROLINA HOPE SCHOLARSHIP, DESIGNATED AS REGULATION DOCUMENT NUMBER 3014, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. WHITMIRE explained the Joint Resolution.
Rep. LOFTIS made the Point of Order that the Joint Resolution 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 Senate amendments to the following Bill were taken up for consideration:
H. 3381 (Word version) -- Reps. Cato, Skelton, Jennings, W. D. Smith, Townsend, Merrill, Ott, Rice, Mack, Viers and Walker: A BILL 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 CERTAIN TERMS FOR THE PURPOSES OF THE ACT, TO EMPOWER LOCAL GOVERNMENTS TO REQUIRE THE REMOVAL OF NONCONFORMING OFF-PREMISES OUTDOOR ADVERTISING SIGNS AND TO REGULATE THE USE OF THEM, TO AUTHORIZE 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 ARBITRATION BETWEEN THE PARTIES WHEN THEY FAIL TO REACH AN AGREEMENT.
Rep. CATO proposed the following Amendment No. 1A (Doc Name COUNCIL\MS\7098AHB06), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. The General Assembly finds that it is the policy of this State to protect the rights of private property owners and to encourage local governing bodies, off-premises outdoor advertising sign owners, and landowners with signs on their property to enter into relocation and reconstruction agreements that allow governmental entities to undertake public projects and accomplish public goals while allowing the continued maintenance of private investment in signage as a medium of commercial and noncommercial communication. The General Assembly further finds that it is the policy of this State to promote arbitration as a means of settling disputes regarding the valuation of off-premises outdoor advertising signs instead of litigation.
SECTION 2. Title 39 of the 1976 Code is amended by adding:
Section 39-14-10. This chapter may be cited as the 'South Carolina Landowner and Advertising Protection and Property Valuation Act'.
Section 39-14-20. As used in this chapter:
(1) 'Local governing body' means a municipality, county, local zoning authority, or political subdivision.
(2) 'Off-premises outdoor advertising sign' means a lawfully erected, permanent sign which relates in its subject matter to products, accommodations, services, or activities sold or offered elsewhere other than upon the premises on which the sign is located. For the purposes of this chapter, the related leasehold or other property interests together with the lawfully issued permit is considered to be part of the off-premises outdoor advertising sign.
(3) 'Just compensation' means the cash payment of the fair market value of the off-premises outdoor advertising sign in place immediately before its removal and without consideration of the effect of the ordinance or a diminution in value caused by the ordinance requiring its removal. The Uniform Standards of Professional Appraisal Practices (USPAP) must be used in determining the fair market value for just compensation and includes the following factors:
(a) the sale price of similar off-premises outdoor advertising signs;
(b) the physical condition of the off-premises outdoor advertising sign;
(c) the productivity of the off-premises outdoor advertising sign;
(d) the economic utility of the property on which the off-premises outdoor advertising sign is located, or the usability and adaptability for industrial, commercial, or other purpose;
(e) the value of the off-premises outdoor advertising sign permit issued by an appropriate governing body;
(f) replacement cost of the off-premises outdoor advertising sign;
(g) the age of the off-premises outdoor advertising sign;
(h) the remaining life of the off-premises outdoor advertising sign;
(i) the effect of obsolescence on the off-premises outdoor advertising sign;
(j) the listed property tax value of the off-premises outdoor advertising sign; and
(k) any other factor that may affect the value of the property on which the off-premises outdoor advertising sign is located.
(4) 'Sign owner' means the owner of an off-premises outdoor advertising sign.
Section 39-14-30. (A) A local governing body may require the removal of an off-premises outdoor advertising sign that is nonconforming under a local ordinance and may regulate the use of off-premises outdoor advertising signs within the jurisdiction of the local governing body in accordance with the applicable provisions of this chapter.
(B) A local governing body may enact or amend an ordinance of general applicability to require the removal of any nonconforming, lawfully erected off-premises outdoor advertising sign only if the ordinance requires the payment of just compensation to the sign owners, except as provided in this subsection. The payment of just compensation is not required if the:
(1) local governing body and the owner of the nonconforming off-premises outdoor advertising sign enter into a relocation agreement pursuant to subsections (D) and (F);
(2) local governing body and the owner of the nonconforming off-premises outdoor advertising sign enter into an agreement pursuant to subsection (I);
(3) off-premises outdoor advertising sign is adjudicated to be a public nuisance or detrimental to the health or safety of the populace; or
(4) removal is required for opening, widening, extending or improving streets or sidewalks, or for establishing, extending, enlarging, or improving a public enterprise, and the local governing body allows the off-premises outdoor advertising sign to be relocated to a comparable or better location as determined by the criteria as provided in Section 39-14-30(D)(1)(a) through (c) and the local governing body pays the costs of the relocation of the sign as provided in Section 39-14-30(D)(2)(a) through (d).
(C) A local governing body shall give written notice of its intent to require removal of an off-premises outdoor advertising sign by sending a letter by certified mail to the last known address of the sign owner and the owner of the property on which the off-premises outdoor advertising sign is located.
(D) If a local governing body requires removal of an off-premises outdoor advertising sign, the local governing body may enter into an agreement with the owner of a nonconforming off-premises outdoor advertising sign to relocate and reconstruct the sign. The relocated sign must comply with the provisions of Title 57. The agreement must include provisions for:
(1) relocation of the sign to a site reasonably comparable to or better than the existing location. In determining whether a location is comparable or better, the following factors must be taken into consideration, the:
(a) size and format of the sign;
(b) characteristics of the proposed relocation site, including visibility, traffic count, area demographics, zoning, and any uncompensated differential in the sign owner's cost to lease the replacement site; and
(c) timing of the relocation.
(2) payment by the local governing body of the reasonable costs of relocating and reconstructing the sign including:
(a) the actual cost of removing the sign;
(b) the actual cost of necessary repairs to the real property for damages caused in the removal of the sign;
(c) the actual cost of installing the sign at the new location; and
(d) an amount of money equivalent to the income received from the lease of the sign for a period of up to thirty days if income is lost during the relocation of the sign.
(E) For the purposes of relocating and reconstructing a nonconforming off-premises outdoor advertising sign pursuant to subsection (D), a local governing body, consistent with the welfare and safety of the community as a whole, may adopt a resolution or adopt or modify its ordinances to provide for the issuance of a permit or other approval, including conditions as appropriate, or to provide for dimensional, spacing, setback, or use variances as it considers appropriate as long as it does not affect the provisions of Section 57-25-190(E).
(F) If a local governing body has offered to enter into an agreement to relocate a nonconforming off-premises outdoor advertising sign pursuant to subsection (D), and within one hundred twenty days after the initial notice by the local governing body the parties have not been able to agree that the site or sites offered by the local governing body for relocation of the sign are reasonably comparable to or better than the existing site, the parties, by mutual agreement, may enter into binding arbitration to determine the comparability of the site offered for relocation. Unless a different method of arbitration is agreed upon by the parties, the arbitration must be conducted by a panel of three arbitrators. Each party shall select one arbitrator and the two arbitrators chosen by the parties shall select the third member of the panel. The American Arbitration Association rules apply to the arbitration unless the parties agree otherwise. Unless the parties agree otherwise, each party shall pay his respective share of the costs for the arbitration, including the costs of the services of his attorneys and witnesses, plus his proportionate share of the costs associated with the arbitration.
(G) If the arbitration proceeding pursuant to the provision of subsection (F) results in a determination that the site or sites offered by the local governing body for relocation of the nonconforming sign are not comparable to or better than the existing site, and the local governing body elects to proceed with the removal of the sign, the parties shall determine just compensation pursuant to Section 39-14-20(3) to be paid to the sign owner. If the parties are unable to reach an agreement regarding just compensation within thirty days of the receipt of the arbitrators' determination regarding relocation, and the local governing body elects to proceed with the removal of the sign, the parties, by mutual agreement, may enter into binding arbitration to determine the amount of just compensation to be paid pursuant to the factors provided in Section 39-14-20(3). Unless a different method of arbitration is agreed upon by the parties, the arbitration must be conducted by a panel of three arbitrators. Each party shall select one arbitrator, and the two arbitrators chosen by the parties shall select the third member of the panel. The American Arbitration Association rules apply to the arbitration unless the parties agree otherwise. Unless the parties agree otherwise, each party shall pay his respective share of the costs for the arbitration, including the costs of the services of his attorneys and witnesses, plus his proportionate share of the costs associated with the arbitration.
(H) If the parties choose not to enter into binding arbitration for the purposes of either relocation or just compensation and the local governing body elects to proceed with the removal of the sign, the local governing body shall bring an action in circuit court for a determination of the just compensation to be paid by the local governing body to the sign owner for the removal of the sign. In determining just compensation, the court shall consider the factors as provided in Section 39-14-20(3). The court also shall determine and award reasonable attorneys' fees and expert witness fees incurred by the sign owner in the proceedings to determine the amount of just compensation.
(I) Notwithstanding the provisions of this section, a local governing body and sign owner may enter into a voluntary agreement allowing for the removal of the sign after a set period of time instead of just compensation.
(J) A local governing body shall not prevent the repositioning of a nonconforming sign on the same parcel of land to facilitate the development of the parcel so long as the repositioning of the sign does not increase the degree of the sign's nonconformity.
(K) The requirement by a local governing body that a lawfully erected sign be removed or altered as a condition precedent to the issuance or continued effectiveness of a zoning ordinance or issuance of a license or permit constitutes a compelled removal that is prohibited without prior payment of just compensation.
(L) An off-premises outdoor advertising sign may not be removed until the owner of the property on which it is located has been compensated fully by the local governing body requiring the sign's removal for a loss which may be suffered as a result of the removal of the off-premises outdoor advertising sign through the termination of a lease or other financial arrangement with the sign owner. The compensation must include damage to the landowner's property occasioned by removal of the off-premises outdoor advertising sign.
(M) The provisions of this section may not be used to interpret, construe, alter, or otherwise modify the exercise of the power of eminent domain by an entity pursuant to Article 3, Chapter 25, Title 57 or the manner in which outdoor advertising is valued by the South Carolina Department of Transportation.
(N) Nothing in this section limits a local governing body's authority to use amortization as a means of phasing out nonconforming uses other than off-premises outdoor advertising.
Section 39-14-40. If a local governing body requires the removal of an off-premises outdoor advertising sign pursuant to the provisions of this chapter and through a voluntary agreement, arbitration, or a court proceeding is required to pay just compensation to a sign owner, the local governing body is authorized to elect to pay the amount due to the sign owner in regular mutually agreed upon installments over three years before the final removal of the sign."
SECTION 3. A. Chapter 25, Title 57, of the 1976 Code is amended by adding:
"Section 57-25-145. (A) Notwithstanding the provisions of Section 57-25-140 or another provision of law, an off-premises, outdoor advertising sign for an adult or sexually-oriented business may not be located within one mile of a public highway.
(B) Outdoor advertising signs in existence at the time of the effective date of this section, which do not conform to the requirements of this section, may continue as a nonconforming use, but must conform within three years of the effective date of this section.
(C) An owner of an adult or sexually-oriented business who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be imprisoned for not more than one year. Each week a violation of this section continues constitutes a separate offense."
B. Section 57-25-120 of the 1976 Code is amended by inserting appropriately designated new subsections to read:
"( ) 'Adult business' means a nightclub, bar, restaurant, or another similar establishment in which a person appears in a state of sexually explicit nudity, as defined in Section 16-15-375, or semi-nudity, in the performance of their duties.
( ) 'Semi-nudity' means a state of dress in which opaque clothing fails to cover the genitals, anus, anal cleft or cleavage, pubic area, vulva, nipple and areola of the female breast below a horizontal line across the top of the areola at its highest point. Semi-nudity includes the entire lower portion of the female breast, but does not include any portion of the cleavage of the human female breast exhibited by wearing clothing provided the areola is not exposed in whole or in part.
( ) 'Sexually-oriented business' means a business offering its patrons goods of which a substantial portion are sexually-oriented materials. A business in which more than ten percent of the display space is used for sexually-oriented materials is presumed to be a sexually-oriented business.
( ) 'Sexually-oriented materials' means textual, pictorial, or three-dimensional material that depicts nudity, sexual conduct, sexual enticement, or sadomasochistic abuse in a way that is patently offensive to the average person applying contemporary adult community standards with respect to what is suitable for minors. Sexually-oriented materials include obscene materials as defined in Section 16-15-305(B)."
C. Section 57-25-130 of the 1976 Code is amended to read:
"Section 57-25-130. The General Assembly finds that outdoor advertising is a legitimate form of commercial use of the private property adjacent to the public highways. The General Assembly also finds that outdoor advertising is an integral part of the business and marketing function and is an established segment of the national economy which serves to promote and protect investments in commerce and industry and is, therefore, a business which must be allowed to exist and operate where other business and commercial activities are conducted and that a reasonable use of property for outdoor advertising to the traveling public is desirable. In order, however, to prevent unreasonable distraction of operators of motor vehicles, prevent confusion with regard to traffic lights, signs, or signals, prevent interference with the effectiveness of traffic regulations, promote the prosperity, economic well-being, and general welfare of the State, mitigate the adverse secondary effects of sexually-oriented businesses and limit harm to minors, promote the safety, convenience, and enjoyment of travel on and protection of the public investment in highways within this State, and preserve and enhance the natural scenic beauty or aesthetic features of the highways and adjacent areas, the General Assembly declares it to be the policy of this State that the erection and maintenance of outdoor advertising signs, displays, and devices in areas adjacent to the rights-of-way of the interstate and federal-aid primary systems within this State must be regulated in accordance with the terms of this article which provide for standards consistent with customary use in this State and finds that all outdoor advertising devices which do not conform to the requirements of this article are illegal. It is the intention of the General Assembly in this article to provide a statutory basis for regulation of outdoor advertising consistent with the public policy relating to areas adjacent to interstate and federal-aid primary systems declared by Congress in Title 23, United States Code, 'Highways'."
SECTION 4. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this Act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 5. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 6. This act takes effect upon approval by the Governor. Nothing in this act preempts or otherwise alters, modifies, applies to, or effects relocation or removal of any off-premises outdoor advertising signs pursuant to an ordinance or regulation enacted by a local governing body prior to April 14, 2005. It is the intent of the General Assembly that nothing in this act may be construed to require the payment of monetary compensation for any off-premises outdoor advertising signs relocated or removed pursuant to an ordinance enacted before the effective date of this act unless the ordinance otherwise requires the payment of monetary compensation. /
Renumber sections to conform.
Amend title to conform.
Rep. CATO 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 Senate amendments to the following Bill were taken up for consideration:
S. 384 (Word version) -- Senators Lourie, Thomas, Reese, Bryant, Knotts, Sheheen, Hutto, McGill, Jackson, Ford, Scott, Malloy, Land, Gregory, Drummond, Pinckney, Cromer, Short, Matthews, Campsen, Anderson and Hawkins: A BILL TO AMEND SECTION 16-17-500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUPPLYING MINORS WITH TOBACCO OR CIGARETTES, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO THE SALE, FURNISHING, GIVING, DISTRIBUTION, AND PROVISION TO A MINOR OF CIGARETTES, TOBACCO, CIGARETTE PAPER, OR A TOBACCO PRODUCT; TO PROVIDE THAT CERTAIN INDIVIDUALS LESS THAN EIGHTEEN YEARS OF AGE MAY NOT PURCHASE, ACCEPT RECEIPT OF, POSSESS, ATTEMPT TO PURCHASE, ATTEMPT TO ACCEPT RECEIPT OF, OR ATTEMPT TO POSSESS A TOBACCO PRODUCT OR TO OFFER FRAUDULENT PROOF OF AGE FOR THE PURPOSE OF PURCHASING OR POSSESSING A TOBACCO PRODUCT; TO REVISE THE DISBURSEMENT OF FINES COLLECTED, SO AS TO DISTRIBUTE ONE-HALF OF THESE FINES TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FOR ITS YOUTH SMOKING PREVENTION PLAN; TO AUTHORIZE COMMUNITY SERVICE IN LIEU OF FINING A MINOR; AND TO REVISE THE PENALTIES FOR VIOLATIONS OF THIS SECTION.
Rep. TALLEY 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.
Rep. CLEMMONS moved to reconsider the vote whereby the following Bill was given a second reading, which was agreed to:
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.
The following Concurrent Resolution was taken up:
H. 4437 (Word version) -- Rep. Leach: A CONCURRENT RESOLUTION TO INVITE THE NATIONAL COMMANDER OF THE AMERICAN LEGION, THE HONORABLE THOMAS L. BOCK, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:30 P.M. ON TUESDAY, MARCH 7, 2006.
Whereas, the Honorable Thomas L. Bock is a Vietnam era United States Air Force veteran; and
Whereas, the Honorable Thomas L. Bock has been a member of American Legion Post 23 since 1970; and
Whereas, the Honorable Thomas L. Bock has held numerous offices in the American Legion Department of Colorado, including Commander and Finance Chairman for more than ten years; and on the national level, he has served as National Executive Committeeman, chairman of the organization's National Foreign Relations Commission, and in many other leadership areas; and
Whereas, the 2.7 million-member American Legion selected the Honorable Thomas L. Bock as national commander in August of 2005; and
Whereas, speaking before a Joint Session of the General Assembly is an honor reserved for leaders of national prominence. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the National Commander of the American Legion, the Honorable Thomas L. Bock, is invited to address the General Assembly in Joint Session in the Hall of the House of Representatives at 12:30 p.m. on Tuesday, March 7, 2006.
Be it further resolved that a copy of this resolution be forwarded to the Honorable Thomas L. Bock.
Rep. RICE demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Allen Altman Bailey Bales Ballentine Bannister Barfield 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 Hinson Hiott Hodges Hosey Howard Huggins Jefferson Jennings Kirsh Leach Limehouse Littlejohn Lucas Mack Mahaffey Martin McCraw McGee McLeod Merrill Miller Mitchell Moody-Lawrence 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 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 Tripp Umphlett Vaughn Vick Walker Weeks White Whitmire Witherspoon Young
Those who voted in the negative are:
The Concurrent Resolution was adopted and sent to the Senate.
The following Concurrent Resolution was taken up:
S. 1067 (Word version) -- Senator Alexander: A CONCURRENT RESOLUTION TO INVITE THE NATIONAL COMMANDER OF THE AMERICAN LEGION, THE HONORABLE THOMAS L. BOCK, TO ADDRESS THE SOUTH CAROLINA GENERAL ASSEMBLY IN JOINT SESSION AT 12:30 P.M. ON TUESDAY, MARCH 7, 2006.
Whereas, the Honorable Thomas L. Bock of Aurora, Colorado, was elected National Commander of the 2.7 million member American Legion on August 25, 2005, in Honolulu, Hawaii, during the 87th National Convention of the nation's largest veterans organization; and
Whereas, the Honorable Thomas L. Bock, after serving in the United States Air Force during Vietnam, joined Aurora, Colorado's Paul C. Beck American Legion Post 23 in 1970; and
Whereas, he has dedicated himself to the service of other veterans and their families in leadership positions at the post, district, department, and national level; and
Whereas, his national level appointments are: Chairman of the Foreign Relations Commission, Alternate National Executive Committeeman, National Executive Committeeman, and liaison to the Veterans Affairs and Rehabilitation Commission. He also served on the Resolutions Sub-Committee, the Legislative Council, the Internal Affairs Commission, and as President of the United Veterans Committee of Colorado; and
Whereas, the Honorable Thomas L. Bock worked for AT&T and most recently as sales manager for The American Legion Observer, a veteran's newspaper distributed widely in Colorado; and
Whereas, he and his wife, Elaine, have four children and three grandchildren and are Blue Star parents of son Adam, currently serving as an Army CH-47 helicopter pilot in Iraq. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the National Commander of the American Legion, the Honorable Thomas L. Bock, is invited to address the South Carolina General Assembly in Joint Session in the Chamber of the House of Representatives at 12:30 p.m. on Tuesday, March 7, 2006.
Be it further resolved that a copy of this resolution be forwarded to the Honorable Thomas L. Bock.
Rep. LEACH explained the Resolution.
Rep. RHOAD spoke in favor of the Resolution.
The Concurrent Resolution was adopted and sent to the Senate.
The motion period was dispensed with on motion of Rep. LEACH.
The following Bill was taken up:
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. CLEMMONS proposed the following Amendment No. 4 (Doc Name COUNCIL\MS\7108AHB06), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION . Section 12-51-40 of the 1976 Code, as last amended by Act 399 of 2000, is further amended to read:
"Section 12-51-40. After the county treasurer issues his execution against a defaulting taxpayer in his jurisdiction, as provided in Section 12-45-180, signed by him or his agent in his official capacity, directed to the officer authorized to collect delinquent taxes, assessments, penalties, and costs, requiring him to levy the execution by distress and sale of the defaulting taxpayer's estate, real or personal, or both, or property transferred by the defaulting taxpayer, the value of which generated all or part of the tax, to satisfy the taxes, assessments, penalties, and costs, the officer to which the execution is directed shall:
(a) On April first or as soon after that as practicable, mail a notice of delinquent property taxes, penalties, assessments, and costs to the defaulting taxpayer and to a any grantee and mortgagee of record of the property, whose value generated all or part of the tax. The notice must be mailed to the best address available, which . In the case of the defaulting taxpayer and grantee of record, the best address available is either the address shown on the deed conveying the property to him, the property address, or other corrected or forwarding address of which the officer authorized to collect delinquent taxes, penalties, and costs has actual knowledge. In case of a mortgagee of record, the best address available is the address provided for these purposes by the mortgagee of record or its servicing agent that is sent by certified mail, return receipt requested, to the officer authorized to collect delinquent taxes, assessments, penalties, and costs, or if no address has been provided, the most recent address on the mortgage, mortgage modification, or mortgage assignment of record. The notice must specify that if the taxes, penalties, assessments, and costs are not paid, the property must be advertised and sold to satisfy the delinquency.
(b) If the taxes remain unpaid after thirty days from the date of mailing of the delinquent notice, or as soon thereafter as practicable, take exclusive possession of the property necessary to satisfy the payment of the taxes, assessments, penalties, and costs. In the case of real property, exclusive possession is taken by mailing a notice of delinquent property taxes, assessments, penalties, and costs to the defaulting taxpayer and any grantee of record of the property and any mortgagee of record at the address shown on the tax receipt or to an address of which the officer has actual knowledge as provided in subsection (a), by 'certified mail, return receipt requested-restricted delivery' pursuant to the United States Postal Service 'Domestic Mail Manual Section S912'. If the addressee is an entity instead of an individual, the notice must be mailed to its last known post office address by certified mail, return receipt requested, as described in Section S912. In the case of personal property, exclusive possession is taken by mailing the notice of delinquent property taxes, assessments, penalties, and costs to the person at the address shown on the tax receipt or to an address of which the officer has actual knowledge. All delinquent notices shall specify that if the taxes, assessments, penalties, and costs are not paid before a subsequent sales date, the property must be duly advertised and sold for delinquent property taxes, assessments, penalties, and costs. The return receipt of the 'certified mail' notice is equivalent to 'levying by distress'.
(c) If the 'certified mail' notice has been returned, take exclusive physical possession of the property against which the taxes, assessments, penalties, and costs were assessed by posting a notice at one or more conspicuous places on the premises, in the case of real estate, reading: 'Seized by person officially charged with the collection of delinquent taxes of (name of political subdivision) to be sold for delinquent taxes', the posting of the notice is equivalent to levying by distress, seizing, and taking exclusive possession of it, or by taking exclusive possession of personalty. In the case of personal property, the person officially charged with the collection of delinquent taxes is not required to move the personal property from where situated at the time of seizure and further, the personal property may not be moved after seized by anyone under penalty of conversion unless delinquent taxes, assessments, penalties, and costs have been paid. Mobile homes are considered to be personal property for the purposes of this section unless the owner gives written notice to the auditor of the mobile home's annexation to the land on which it is situated.
(d) The property must be advertised for sale at public auction. The advertisement must be in a newspaper of general circulation within the county or municipality, if applicable, and must be entitled 'Delinquent Tax Sale'. It must include the delinquent taxpayer's name and the description of the property, a reference to the county auditor's map-block-parcel number being sufficient for a description of realty. The advertising must be published once a week before the legal sales date for three consecutive weeks for the sale of real property, and two consecutive weeks for the sale of personal property. All expenses of the levy, seizure, and sale must be added and collected as additional costs, and must include, but not be limited to, the expenses of taking possession of real or personal property, advertising, storage, identifying the boundaries of the property, and mailing certified notices. When the real property is divisible, the tax assessor, county treasurer, and county auditor may ascertain that portion of the property that is sufficient to realize a sum upon sale sufficient to satisfy the payment of the taxes, assessments, penalties, and costs. In those cases, the officer may partition the property and furnish a legal description of it.
(e) As an alternative, upon approval by the county governing body, a county may use the procedures provided in Chapter 56, Title 12 as the initial step in the collection of delinquent taxes on real and personal property.
(f) For the purpose of enforcing payment and collection of property taxes when the true owner is unknown because of the death of the owner of record and the absence of probate administration of the decedent's estate, the property must be advertised and sold in the name of the deceased owner of record." /
Renumber sections to conform.
Amend title to conform.
Rep. CLEMMONS explained the amendment.
The amendment was then adopted.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Altman Bailey Bales Ballentine Bannister Barfield Bingham Bowers Brady Branham Breeland G. Brown J. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Coates Coleman Cooper Cotty Dantzler Davenport Delleney Edge Emory Frye Govan Hagood Haley Hamilton Hardwick Harrell Haskins Hayes Herbkersman J. Hines Hinson Hiott Hodges Hosey Huggins Jefferson Jennings Kennedy Kirsh Leach Limehouse Littlejohn Loftis Lucas Mahaffey Martin McCraw McGee McLeod Merrill Miller Mitchell J. M. Neal Neilson 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. R. Smith J. E. Smith J. R. Smith W. D. Smith Talley Taylor Thompson Toole Townsend Tripp Umphlett Vaughn Vick Walker White Whitmire Witherspoon Young
Those who voted in the negative are:
Agnew Funderburk Howard J. H. Neal Rutherford G. M. Smith Weeks
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 4429 (Word version) -- Reps. Townsend, Mitchell, Edge, J. E. Smith, Viers, Harrell, Clark, Clyburn, Littlejohn, Walker, Clemmons, Cooper, Barfield, Govan, Frye, Bailey, Huggins, Leach, Witherspoon, Anderson, Hardwick, Hiott, Rhoad, W. D. Smith, Miller, Altman, Anthony, Bales, Ballentine, Battle, Brady, Branham, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Davenport, Duncan, Hagood, Haley, Hamilton, Harrison, Hayes, Herbkersman, J. Hines, Hosey, Howard, Jefferson, Kennedy, Limehouse, Loftis, Mahaffey, Martin, McCraw, McGee, Merrill, J. H. Neal, Ott, Perry, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Simrill, D. C. Smith, F. N. Smith, G. R. Smith, J. R. Smith, Thompson, Vick, White, Young, McLeod, Jennings, Tripp, Haskins and Delleney: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-425 SO AS TO REVISE AND FURTHER PROVIDE FOR THE LENGTH OF THE SCHOOL TERM AND THE BEGINNING OF THE SCHOOL TERM, THE USE OF SCHOOL DAYS, AND PROVISIONS FOR MAKE-UP DAYS; AND TO REPEAL SECTION 59-1-420 RELATING TO THE LENGTH OF THE SCHOOL TERM, SECTION 59-1-430 RELATING TO MAKE-UP DAYS, AND SECTION 59-1-440 RELATING TO THE HOURS AND USE OF A SCHOOL DAY.
The Education and Public Works Committee proposed the following Amendment No. 1(Doc Name COUNCIL\GJK\20756SJ06), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Chapter 1, Title 59 of the 1976 Code is amended by adding:
"Section 59-1-425. (A) Each local school district board of trustees of the State shall have the authority to establish an annual school calendar for teachers, staff, and students. The statutory school term is one hundred ninety days annually and shall consist of a minimum of one hundred eighty days of instruction covering at least nine calendar months. However, beginning with the 2007-2008 school year the opening date for students must not be before the third Monday in August, except for schools operating on a year-round modified school calendar. Three days must be used for collegial professional development based upon the educational standards as required by Section 59-18-300. The professional development shall address, at a minimum, academic achievement standards including strengthening teachers' knowledge in their content area, teaching techniques, and assessment. No more than two days may be used for preparation of opening of schools and the remaining five days may be used for teacher planning, academic plans, and parent conferences. The number of instructional hours in an instructional day may vary according to local board policy and does not have to be uniform among the schools in the district.
(B) Notwithstanding any other provisions of law to the contrary, all school days missed because of snow, extreme weather conditions, or other disruptions requiring schools to close must be made up. All school districts shall designate annually at least three days within their school calendars to be used as make-up days in the event of these occurrences. If those designated days have been used or are no longer available, the local school board of trustees may lengthen the hours of school operation by no less than one hour per day for the total number of hours missed or operate schools on Saturday. Schools operating on a four-by-four block schedule shall make every effort to make up the time during the semester in which the days are missed. A plan to make up days by lengthening the school day must be approved by the Department of Education before implementation. Tutorial instruction for grades 7 through 12 may be taught on Saturday at the direction of the local school board. If a local school board authorizes make-up days on Saturdays, tutorial instruction normally offered on Saturday for seventh through twelfth graders must be scheduled at an alternative time.
(C) The General Assembly by law may waive the requirements of making up missed days or, by law, may authorize the school board of trustees to forgive up to three days missed because of snow, extreme weather conditions, or other disruptions requiring schools to close. A waiver granted by the local board of trustees of the requirement for making up missed days also must be authorized through a majority vote of the local school board.
(D) If a school is closed early due to snow, extreme weather conditions, or other disruptions, the day may count towards the required minimum to the extent allowed by State Board of Education policy.
(E) The instructional day for secondary students must be at a minimum six hours a day, or its equivalent weekly, excluding lunch. The school day for elementary students must be at a minimum six hours a day, or its equivalent weekly, including lunch.
(F) Elementary and secondary schools may reduce the length of the instructional day to not less than three hours on not more than three days each school year for staff development, teacher conferences, or for the purpose of administering end-of-semester and end-of-year examinations.
(G) Priority during the instructional day must be given to teaching and learning tasks. Class interruptions must be limited only to emergencies. Volunteer blood drives as determined by the principal may be conducted at times which would not interfere with classroom instruction such as study period, lunch period, and before and after school.
(H) The State Board of Education may waive the school opening date requirement pursuant to subsection (A) of this section on a showing of good cause or for an educational purpose. For the purposes of this section:
(1) 'Good cause' means that schools in a district have been closed eight days per year during any four of the last ten years because of severe weather conditions, energy shortages, power failures, or other emergency situations.
(2) 'Educational purpose' means a district establishes a need to adopt a different calendar for a:
(a) specific school to accommodate a special program offered generally to the student body of that school,
(b) school that primarily serves a special population of students, or
(c) defined program within a school.
The State Board may grant the waiver for an educational purpose for that specific school or defined program to the extent that the State Board finds that the educational purpose is reasonable, the accommodation is necessary to accomplish the educational purpose, and the request is not an attempt to circumvent the opening date set forth in this subsection. Waiver requests for educational purposes may not be used to accommodate system-wide class scheduling preferences. Nothing in this subsection prohibits a district from offering supplemental or additional educational programs or activities outside of the calendar adopted under this section."
SECTION 2. Sections 59-1-420, 59-1-430, and 59-1-440 of the 1976 Code are repealed.
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. TOWNSEND explained the amendment.
The amendment was then adopted.
Rep. SKELTON spoke against the Bill.
Rep. EDGE spoke in favor of the Bill.
Rep. D. C. SMITH spoke in favor of the Bill.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Altman Anderson Bailey Bales Ballentine Bannister Barfield Bingham Bowers Brady Branham G. Brown Cato Ceips Chellis Clemmons Coates Coleman Cooper Cotty Dantzler Davenport Delleney Edge Frye Govan Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Hayes J. Hines Hinson Hiott Hodges Howard Huggins Jefferson Jennings Kennedy Leach Limehouse Littlejohn Loftis Martin McCraw McGee McLeod Merrill Miller Mitchell Neilson Ott Owens Perry Phillips Pinson E. H. Pitts M. A. Pitts Rice Sandifer Scarborough Scott Simrill D. C. Smith G. R. Smith J. E. Smith J. R. Smith W. D. Smith Stewart Thompson Toole Townsend Vick Viers White Whitmire Witherspoon Young
Those who voted in the negative are:
Agnew Allen Breeland Chalk Clark Clyburn Cobb-Hunter Duncan Emory Funderburk Hosey Kirsh Lucas Mack Mahaffey Moody-Lawrence J. H. Neal J. M. Neal Norman Parks Rhoad Rivers Rutherford Sinclair Skelton F. N. Smith G. M. Smith Talley Taylor Umphlett Walker Weeks Whipper
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. TOWNSEND moved that the House recur to the Morning Hour, which was agreed to.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:
H. 3921 (Word version) -- Rep. Clemmons: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-15-172 SO AS TO PROVIDE THAT MOBILE DENTAL FACILITIES OR PORTABLE DENTAL OPERATIONS MUST BE REGISTERED WITH THE STATE BOARD OF DENTISTRY, TO PROVIDE REGISTRATION CRITERIA, AND TO ESTABLISH FACILITY OPERATION REQUIREMENTS.
Ordered for consideration tomorrow.
The following was introduced:
H. 4576 (Word version) -- Rep. Davenport: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR REVEREND JACKIE ERNEST ONEAL, PASTOR OF HOLDEN CHAPEL BAPTIST CHURCH, FOR HIS FAITHFUL SERVICE TO HIS CONGREGATION AND COMMITMENT TO HIS COMMUNITY, AND TO WISH HIM THE BEST IN ALL HIS FUTURE ENDEAVORS.
The Resolution was adopted.
The following was introduced:
H. 4577 (Word version) -- Reps. Hodges, R. Brown and Bowers: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE FUTURE BRIDGE THAT WILL CROSS THE COMBAHEE RIVER ALONG UNITED STATES HIGHWAY 17 IN COLLETON COUNTY "THE HARRIET TUBMAN BRIDGE", AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "THE HARRIET TUBMAN BRIDGE."
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4578 (Word version) -- Reps. Loftis, Witherspoon, Hardwick, Duncan, Merrill, Bingham, Altman, Anderson, Cato, Coates, Davenport, Edge, Frye, Hinson, Hiott, Perry, M. A. Pitts, Rhoad, Sandifer, Scarborough, F. N. Smith, Tripp and Umphlett: A BILL TO AMEND SECTION 48-39-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL HAVING SOLE AUTHORITY TO PERMIT OR DENY ALTERATIONS OR UTILIZATIONS WITHIN THE COASTAL CRITICAL AREAS, SO AS TO PROVIDE THAT THE DEPARTMENT MUST MAKE AVAILABLE A DRAFT PERMIT TO THE APPLICANT PRIOR TO ISSUANCE OF THE PERMIT AND TO FURTHER PROVIDE THAT THE APPLICANT HAS TEN DAYS TO RESPOND TO THE DEPARTMENT REGARDING THE CONDITIONS OF THE DRAFT PERMIT.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 4579 (Word version) -- Reps. Merrill, Bingham, E. H. Pitts, Hardwick, Haley, Bailey, Bales, Cato, Dantzler, Duncan, Hinson, Jefferson, Leach, Loftis, Mahaffey, Moody-Lawrence, Neilson, M. A. Pitts, Umphlett and Young: A BILL TO AMEND SECTION 59-19-315, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A SCHOOL TRUSTEE'S TERM OF OFFICE, SO AS TO PROVIDE THAT IN A SCHOOL DISTRICT WHERE SCHOOL BOARD MEMBERS ARE ELECTED, THE ELECTION MUST BE HELD ON THE SECOND TUESDAY OF NOVEMBER; TO AMEND SECTIONS 59-71-40 AND 59-71-50, BOTH RELATING TO A SCHOOL BOND ELECTION, SO AS TO PROVIDE THAT THE ELECTION MUST BE HELD ON THE SECOND TUESDAY OF NOVEMBER.
Referred to Committee on Judiciary
H. 4580 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION-BOARD OF NURSING, RELATING TO SUPERVISING LICENSEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 3030, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
H. 4581 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION-BOARD OF NURSING, RELATING TO NURSE LICENSURE COMPACT, DESIGNATED AS REGULATION DOCUMENT NUMBER 3035, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
The following Joint Resolution was taken up:
H. 4540 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO LEGISLATIVE INCENTIVES FOR FUTURE EXCELLENCE (LIFE) SCHOLARSHIP PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 3015, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. TOWNSEND made the Point of Order that the Joint Resolution 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 Joint Resolution was taken up:
H. 4541 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO LOTTERY TUITION ASSISTANCE PROGRAM FOR TWO-YEAR PUBLIC AND INDEPENDENT INSTITUTIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3016, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. TOWNSEND made the Point of Order that the Joint Resolution 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 Joint Resolution was taken up:
H. 4542 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO PALMETTO FELLOWS SCHOLARSHIP PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 3017, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. TOWNSEND made the Point of Order that the Joint Resolution 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 Joint Resolution was taken up:
H. 4543 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO LIFE SCHOLARSHIP, SC HOPE SCHOLARSHIP, AND PALMETTO FELLOWS SCHOLARSHIP APPEALS REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3018, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. TOWNSEND made the Point of Order that the Joint Resolution 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:
S. 1078 (Word version) -- Senators Cleary, Rankin and McGill: A BILL TO AMEND JOINT RESOLUTION 272 OF 1985, RELATING TO THE MURRELL'S INLET-GARDEN CITY FIRE DISTRICT IN GEORGETOWN AND HORRY COUNTIES, SO AS TO AUTHORIZE THE BOARD OF FIRE CONTROL FOR THE DISTRICT TO USE A PORTION OF THE IMPACT FEES TO CONSTRUCT A FACILITY OR BUILDING IN WHICH TO HOUSE OR STORE FIRE FIGHTING EQUIPMENT.
Rep. TOWNSEND 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 Bills were taken up, read the second time, and ordered to a third reading:
S. 1074 (Word version) -- Senator O'Dell: A BILL TO AMEND SECTIONS 59-53-210 AND 59-53-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE TRI-COUNTY TECHNICAL COLLEGE DISTRICT AND THE TRI-COUNTY TECHNICAL COLLEGE COMMISSION AND THE EDUCATION INSTITUTION CREATED AND OPERATED BY THE COMMISSION, SO AS TO CHANGE THE NAME OF THE DISTRICT TO THE TRI-COUNTY TECHNICAL AND COMMUNITY COLLEGE DISTRICT, TO CHANGE THE NAME OF THE COMMISSION TO THE TRI-COUNTY TECHNICAL AND COMMUNITY COLLEGE COMMISSION, AND TO AUTHORIZE THE COMMISSION TO NAME THE EDUCATIONAL INSTITUTION CREATED AND OPERATED BY IT AS THE TRI-COUNTY COMMUNITY COLLEGE.
Rep. TOWNSEND explained the Bill.
H. 4513 (Word version) -- Reps. Cobb-Hunter, Ceips, Hinson, Leach and M. A. Pitts: A BILL TO AMEND ACT 166 OF 2005, RELATING TO CRIMINAL DOMESTIC VIOLENCE OFFENSES AND THEIR PENALTIES, SO AS TO EXTEND THE TIME PERIOD THAT THE STUDY COMMITTEE ON CRIMINAL DOMESTIC VIOLENCE ISSUES CREATED BY THIS ACT IS SCHEDULED TO REPORT ITS RECOMMENDATIONS TO THE GENERAL ASSEMBLY FROM FEBRUARY 15, 2006, TO THE APPROPRIATE TIME AFTER THE COMMITTEE HAS DETERMINED ITS RECOMMENDATIONS AND A FINAL REPORT OF THE COMMITTEE IS SUBMITTED TO THE GENERAL ASSEMBLY.
The following Bill was taken up:
H. 4556 (Word version) -- Reps. Sinclair, Anthony, Mitchell, Davenport, Littlejohn, Mahaffey, Talley and Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-96-323 SO AS TO PROVIDE THAT NO MORE THAN FIFTY PERCENT OF THE WASTE RECEIVED BY A REGIONAL SOLID WASTE LANDFILL IN SPARTANBURG COUNTY, INITIALLY PERMITTED AFTER JUNE 30, 2006, MAY BE GENERATED OUTSIDE OF SPARTANBURG COUNTY.
Rep. WITHERSPOON moved to commit the Bill to the Committee on Agriculture, Natural Resources and Environmental Affairs.
Rep. WALKER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Allen Anderson Barfield J. Brown Clemmons Dantzler Edge Frye Funderburk Hardwick Hayes Jefferson Jennings Kennedy Martin Perry Rhoad Scott F. N. Smith Umphlett Vick Witherspoon
Those who voted in the negative are:
Bannister R. Brown Cato Coleman Davenport Duncan Hamilton J. Hines Kirsh Leach Littlejohn Mahaffey McCraw McLeod Moody-Lawrence J. H. Neal Parks Phillips Pinson E. H. Pitts M. A. Pitts Rice Scarborough Sinclair G. R. Smith Stewart Talley Taylor Thompson Townsend Vaughn Viers Walker Weeks Whipper White Young
So, the House refused to commit the Bill.
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.
On motion of Rep. TOWNSEND, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works:
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.
Rep. SCOTT asked unanimous consent to recall H. 3028 (Word version) from the Committee on Education and Public Works.
Rep. VAUGHN objected.
Rep. OTT moved to reconsider the vote whereby H. 4575 (Word version) was adopted and the motion was noted.
Rep. JENNINGS moved that the House do now adjourn, which was agreed to.
At 12:25 p.m. the House, in accordance with the motion of Rep. SCOTT, adjourned in memory of Rosa Lee Scipio Henry, to meet at 10:00 a.m. tomorrow.
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