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 16:11: "You have made known to me the path of life."
Let us pray. Gracious God, give us direction and the leading of Your spirit, that these women and men may comprehend the vastness of Your love and caring for them. Lead them in the right paths to do the work of the people in the people's House. Continue Your blessings on our Nation, President, State, Governor and her leaders. Protect our defenders of freedom and keep them safe. Hear our prayer, O Lord. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. FUNDERBURK moved that when the House adjourns, it adjourn in memory of Mrs. Helen Burns of Camden, which was agreed to.
The following was received from the Senate:
Columbia, S.C., February 14, 2006
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H. 3010:
H. 3010 (Word version) -- Reps. W. D. Smith, Wilkins, G. R. Smith, Vaughn, Harrison, Davenport, Sandifer, Coates, Young, Leach, Viers, Littlejohn, Rice, Hinson, Clark, Walker, Mahaffey, Duncan, Hagood and Clemmons: A BILL TO AMEND CHAPTER 40, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARTER SCHOOLS, SO AS TO PROVIDE FOR THE CREATION OF A CAROLINA PUBLIC CHARTER SCHOOL DISTRICT, ITS GOVERNANCE, AND ITS POWERS AND DUTIES; AND TO PROVIDE FOR THE MANNER IN WHICH A CHARTER SCHOOL SPONSORED BY THE CAROLINA PUBLIC CHARTER SCHOOL DISTRICT MUST BE FORMED, FUNDED, REGULATED, AND GOVERNED.
Very respectfully,
President
On motion of Rep. TOWNSEND, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. TOWNSEND, WALKER and MILLER to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:
S. 1061 (Word version) -- Senators Gregory, Grooms, Courson, Drummond, Richardson, Campsen, Ryberg, Land, Hutto, Setzler, Hayes, Sheheen, Lourie and Verdin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY REDESIGNATING SECTIONS 51-17-10 THROUGH 51-17-150 AS ARTICLE 1 OF CHAPTER 17, TITLE 51, ENTITLED "HERITAGE TRUST PROGRAM", AND BY ADDING ARTICLE 3 TO CHAPTER 17, TITLE 51 SO AS TO PROVIDE FOR BONDING AUTHORITY IN THE SOUTH CAROLINA DEPARTMENT OF NATURAL RESOURCES FOR LAND ACQUISITION, RESTORATION, IMPROVEMENT, AND MANAGEMENT OF PROPERTIES FOR INCLUSION IN THE HERITAGE TRUST PROGRAM.
Ordered for consideration tomorrow.
The following was introduced:
H. 4665 (Word version) -- Reps. Duncan, M. A. Pitts and Taylor: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES THE LITTLE RIVER ALONG SOUTH CAROLINA HIGHWAY 72 IN LAURENS COUNTY THE "PATRIOTS OF THE LITTLE RIVER REGIMENT MEMORIAL BRIDGE" IN HONOR OF THE LITTLE RIVER REGIMENT WHICH WAS A GATHERING OF PATRIOTS OF THE OLDE 96 DISTRICT DURING THE AMERICAN REVOLUTIONARY WAR, AND TO ERECT APPROPRIATE SIGNS OR MARKERS AT THIS BRIDGE THAT CONTAIN THE WORDS "PATRIOTS OF THE LITTLE RIVER REGIMENT MEMORIAL BRIDGE".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4666 (Word version) -- Rep. Branham: A BILL TO AMEND ACT 239 OF 1981, AS AMENDED, RELATING TO THE FLORENCE COUNTY SCHOOL DISTRICT NO. 1 BOARD OF TRUSTEES, SO AS TO PROVIDE THAT MEMBERS OF THE BOARD MUST BE ELECTED AT THE GENERAL ELECTION IN NOVEMBER AND PROVIDE THAT THE TERMS OF THE MEMBERS MUST BE FOUR YEARS.
On motion of Rep. BRANHAM, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4671 (Word version) -- Reps. G. M. Smith, Delleney and Harrison: A BILL TO AMEND SECTION 1-23-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEARINGS AND PROCEEDINGS THAT AN ADMINISTRATIVE LAW JUDGE SHALL PRESIDE OVER, SO AS TO DELETE THE PROVISION THAT EXCLUDES CERTAIN MOTOR VEHICLE RELATED HEARINGS AND PROCEEDINGS, TO PROVIDE THAT THE CLERK OF THE ADMINISTRATIVE LAW COURT MUST FILE A CERTIFIED COPY OF A FINAL ORDER WITH A CLERK OF THE CIRCUIT COURT UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE THIS ORDER HAS THE SAME EFFECT AS A JUDGMENT OF THE COURT; TO AMEND SECTION 1-23-660, AS AMENDED, RELATING TO THE ADMINISTRATIVE LAW COURT DIVISION OF MOTOR VEHICLE HEARINGS, SO AS TO GIVE THE CHIEF JUDGE OF THE ADMINISTRATIVE LAW COURT THE AUTHORITY TO PROMULGATE RULES GOVERNING THE PRACTICE AND PROCEDURES BEFORE THE DIVISION WHICH ARE SUBJECT TO REVIEW BY THE SUPREME COURT; TO AMEND SECTION 56-1-10, AS AMENDED, RELATING TO DEFINITIONS OF TERMS CONTAINED IN THE PROVISIONS RELATING TO THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE DEFINITIONS FOR CERTAIN TERMS THAT RELATE TO THE DIVISION OF MOTOR VEHICLE HEARINGS; TO AMEND SECTION 56-1-370, RELATING TO THE REVIEW OF THE CANCELLATION, SUSPENSION, OR REVOCATION OF A DRIVER'S LICENSE, SO AS TO DELETE THE PROVISION THAT ALLOWS THE DEPARTMENT OF MOTOR VEHICLES TO CONDUCT THE REVIEW AND PROVIDE THAT THE DIVISION OF MOTOR VEHICLE HEARINGS SHALL CONDUCT THESE PROCEEDINGS; TO AMEND SECTION 56-1-410, RELATING TO THE JUDICIAL REVIEW OF A DEPARTMENT OF MOTOR VEHICLES ORDER THAT CANCELS, SUSPENDS, OR REVOKES A DRIVER'S LICENSE UNDER CERTAIN CIRCUMSTANCES, SO AS TO DELETE THE PROVISIONS THAT RELATE TO THE REVIEW OF A DECISION OF THE DEPARTMENT OF MOTOR VEHICLES AND TO PROVIDE FOR THE REVIEW OF A DECISION ISSUED BY A HEARING OFFICER OF THE DECISION OF MOTOR VEHICLE HEARINGS; TO AMEND SECTION 56-1-1030, RELATING TO THE REVOCATION OF THE DRIVER'S LICENSE OF A HABITUAL OFFENDER, SO AS TO PROVIDE THAT A REVOCATION PROCEEDING MUST BE CONDUCTED BEFORE THE DIVISION OF MOTOR VEHICLE HEARINGS; TO AMEND SECTION 56-1-1090, RELATING TO THE ISSUANCE OF A LICENSE TO A HABITUAL OFFENDER, SO AS TO DELETE THE TERMS "DEPARTMENT OF MOTOR VEHICLES" AND "MAGISTRATE" AND SUBSTITUTE THEM FOR THE TERMS "HEARING OFFICER" AND "ADMINISTRATIVE LAW JUDGE", AND TO PROVIDE THAT A PETITION TO OBTAIN A DRIVER'S LICENSE PURSUANT TO THIS PROVISION MUST BE FILED WITH THE DIVISION OF MOTOR VEHICLE HEARINGS; TO AMEND SECTION 56-5-2951, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE FOR HIS REFUSAL TO SUBMIT TO TESTING FOR CERTAIN LEVELS OF ALCOHOL CONCENTRATION, SO AS TO PROVIDE THAT ADMINISTRATIVE HEARINGS THAT ARE CONDUCTED PURSUANT TO THIS PROVISION MUST BE CONDUCTED BY A HEARING OFFICER OF THE DIVISION OF MOTOR VEHICLE HEARINGS AND REVIEWED BY THE ADMINISTRATIVE LAW COURT, AND TO PROVIDE THAT THE ARRESTING LAW ENFORCEMENT OFFICER OR DATA MASTER OPERATOR IS A PARTY OF RECORD IN ALL HEARINGS CONDUCTED PURSUANT TO THIS SECTION; TO AMEND SECTION 56-9-363, RELATING TO AN ADMINISTRATIVE HEARING TO CHALLENGE THE SUSPENSION OF A DRIVER'S LICENSE UNDER CERTAIN CIRCUMSTANCES, SO AS TO PROVIDE THAT THE HEARING MUST BE CONDUCTED BEFORE THE DIVISION OF MOTOR VEHICLE HEARINGS WITH APPEALS FILED WITH THE ADMINISTRATIVE LAW COURT; TO AMEND SECTION 56-15-350, RELATING TO THE DENIAL, SUSPENSION, OR REVOCATION OF A DRIVER'S LICENSE BY THE DEPARTMENT OF MOTOR VEHICLES UNDER CERTAIN CIRCUMSTANCES, SO AS TO PROVIDE THAT A LICENSEE MAY HAVE THIS DECISION REVIEWED BY THE DIVISION OF MOTOR VEHICLE HEARINGS; AND TO REPEAL SECTION 56-5-2952, RELATING TO THE FILING FEE FOR AN ADMINISTRATIVE HEARING; AND TO REPEAL SECTION 56-9-320, RELATING TO JUDICIAL REVIEW OF ORDERS OR ACTS OF THE DEPARTMENT OF MOTOR VEHICLES.
On motion of Rep. G. M. SMITH, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4672 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO PREVENTION AND CONTROL OF LEAD POISONING IN CHILDREN, DESIGNATED AS REGULATION DOCUMENT NUMBER 3004,
PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
H. 4673 (Word version) -- Reps. Loftis, Cato, Davenport, Hamilton, Haskins, Hinson, Kirsh, Leach, Merrill, Perry, M. A. Pitts, Scarborough, Witherspoon and Young: A BILL TO AMEND SECTIONS 11-27-40 AND 11-27-50, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EFFECT OF ARTICLE X OF THE CONSTITUTION OF THIS STATE ON POLITICAL SUBDIVISIONS AND SCHOOL DISTRICTS, SO AS TO REQUIRE THE MEMBERS OF THE GOVERNING BODY OF A SUCCESSOR-IN-INTEREST, TRANSFEREE, OR ASSOCIATE OF THESE ENTITIES TO BE BONDED IN AN AMOUNT THAT WHEN AGGREGATED EQUALS THE THEN OUTSTANDING BALANCE OF THE DEBT INCURRED WHEN THE SUCCESSOR-IN-INTEREST, TRANSFEREE, OR ASSOCIATE UNDERTAKES A DUTY OF THOSE ENTITIES AND IN SO DOING INCURS DEBT SERVICED BY GENERAL OBLIGATION BORROWING OF THOSE ENTITIES AND TO PROHIBIT FUNDS DERIVED FROM THE POLITICAL SUBDIVISION OR SCHOOL DISTRICT TO BE USED TO PAY FOR THE BOND.
Referred to Committee on Ways and Means
H. 4674 (Word version) -- Reps. Allen, Weeks, R. Brown, Breeland, Hodges and J. H. Neal: A BILL TO AMEND SECTION 38-53-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RELIEVING A SURETY ON A BOND FOR "GOOD CAUSE", SO AS TO AUTHORIZE THE COURT TO ORDER THAT THE SURETY REFUND ANY PORTION OF THE FEE PAID TO THE SURETY IF THE COURT BELIEVES THE REFUND IS WARRANTED BY THE COURT.
Referred to Committee on Judiciary
H. 4675 (Word version) -- Reps. Allen, Weeks, R. Brown, Breeland, Hodges and J. H. Neal: A BILL TO AMEND SECTION 44-53-375, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POSSESSION, MANUFACTURE, AND TRAFFICKING IN METHAMPHETAMINE AND COCAINE BASE, SO AS TO DELETE THE PROHIBITION ON SUSPENDING SENTENCES AND GRANTING PROBATION FOR SECOND AND SUBSEQUENT OFFENSES.
Referred to Committee on Judiciary
The following was introduced:
H. 4667 (Word version) -- Rep. Allen: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND REVEREND JAMES W. NESBITT, PASTOR OF SHADY GROVE BAPTIST CHURCH IN PELZER, FOR HIS COMMITMENT TO THE CHURCH AND HIS DEDICATION TO ITS MINISTRY.
The Resolution was adopted.
The following was introduced:
H. 4668 (Word version) -- Rep. Bingham: A HOUSE RESOLUTION TO HONOR JERRY S. CHITTY OF LEXINGTON COUNTY UPON THE OCCASION OF HIS INDUCTION INTO THE BROOKLAND-CAYCE EDUCATIONAL FOUNDATION'S "HALL OF FAME" ON FEBRUARY 23, 2006, AND RECOGNIZE HIS VALUABLE CONTRIBUTIONS TO THE LEXINGTON SCHOOL DISTRICT II AND THE FIELD OF EDUCATION.
The Resolution was adopted.
The following was introduced:
H. 4669 (Word version) -- Reps. Scott, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE DR. NOBLE P. COOPER, JR., OF RICHLAND COUNTY, FOR HIS OUTSTANDING CONTRIBUTIONS TO HIS COMMUNITY, AND TO CONGRATULATE HIM FOR BEING RECOGNIZED AS THE MARGIE HERRON OUTSTANDING LIBRARY TRUSTEE AWARD WINNER FROM THE SOUTH CAROLINA ASSOCIATION OF PUBLIC LIBRARY ADMINISTRATORS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4670 (Word version) -- Reps. Scott, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION TO COMMEND ONE OF SOUTH CAROLINA'S MOST ACCOMPLISHED JAZZ MUSICIANS, TENOR SAXOPHONIST SKIPP PEARSON, FOR MORE THAN FORTY YEARS OF ENTERTAINING THOUSANDS OF JAZZ LOVERS THROUGHOUT THE UNITED STATES AND HELPING TO PRESERVE THE ART OF JAZZ MUSIC FOR FUTURE GENERATIONS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows:
Agnew 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 Cooper Dantzler Davenport Delleney Duncan Edge Emory Funderburk Govan Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hiott Hodges Hosey Howard Huggins Jefferson Kirsh Leach Limehouse Littlejohn Loftis Lucas Mack Mahaffey Martin McCraw McGee McLeod Merrill Miller Mitchell J. H. Neal J. M. Neal Neilson Norman Ott Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Rhoad Rice Sandifer Scarborough Scott 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 Tripp Umphlett Vaughn Vick Viers Walker Weeks Whipper White Whitmire Witherspoon Young
I came in after the roll call and was present for the Session on Thursday, February 16.
Bill Cotty Bessie Moody-Lawrence Gary Simrill Kenneth Kennedy Todd Rutherford
The SPEAKER granted Rep. FRYE a leave of absence due to illness.
Announcement was made that Dr. Krishna K. Pudi of Simpsonville is the Doctor of the Day for the General Assembly.
Reps. MILLER and ANDERSON presented to the House the Waccamaw High School "Lady Warriors" Golf Team, the 2005 Class AAA Champions, their coach and other school officials.
Reps. MILLER and ANDERSON presented to the House the Waccamaw High School "Lady Warriors" Tennis Team, the 2005 Class AAA Champions, their coach and other school officials.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name 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. 4502 (Word version)
Date: ADD:
02/16/06 CLEMMONS
Bill Number: H. 4503 (Word version)
Date: ADD:
02/16/06 CLEMMONS
Bill Number: H. 4316 (Word version)
Date: ADD:
02/16/06 SIMRILL
Bill Number: H. 4316 (Word version)
Date: ADD:
02/16/06 NEILSON
Bill Number: H. 4316 (Word version)
Date: ADD:
02/16/06 BALES
Bill Number: H. 4503 (Word version)
Date: ADD:
02/16/06 BALES
Bill Number: H. 4503 (Word version)
Date: ADD:
02/16/06 NEILSON
Bill Number: H. 3922 (Word version)
Date: ADD:
02/16/06 HAGOOD
Bill Number: H. 3922 (Word version)
Date: ADD:
02/16/06 BOWERS
Bill Number: H. 3922 (Word version)
Date: ADD:
02/16/06 HARDWICK
Bill Number: H. 3922 (Word version)
Date: ADD:
02/16/06 NEILSON
Bill Number: H. 4502 (Word version)
Date: ADD:
02/16/06 BALES
Rep. G. BROWN moved to adjourn debate upon the following Bill until Tuesday, February 21, which was adopted:
H. 4657 (Word version) -- Rep. G. Brown: A BILL TO ENACT THE "SCHOOL DISTRICT OF LEE COUNTY SCHOOL BOND PROPERTY TAX RELIEF ACT" WHICH AUTHORIZES THE IMPOSITION OF A ONE PERCENT SALES AND USE TAX WITHIN LEE COUNTY FOR NOT MORE THAN FIVE YEARS, TO DEFINE GENERAL OBLIGATION BOND DEBT SERVICE FOR BONDS ISSUED TO PAY FOR CAPITAL IMPROVEMENTS MADE BY THE SCHOOL DISTRICT OF LEE COUNTY OR BONDS ISSUED TO REFUND SUCH BONDS PREVIOUSLY ISSUED, AND TO AUTHORIZE BUT NOT REQUIRE A REFERENDUM ON THE QUESTION OF IMPOSING THIS TAX.
The following Bill was taken up:
H. 4316 (Word version) -- Reps. Harrell, Clark, Bailey, Hinson, Harrison, Altman, G. R. Smith, Cotty, Whipper, Taylor, Kirsh, M. A. Pitts, Coates, G. M. Smith, Moody-Lawrence, Toole, Brady, Littlejohn, Sandifer, Mahaffey, McLeod, Funderburk, R. Brown, Haley, Owens, Simrill, Neilson and Bales: A BILL TO AMEND SECTION 39-5-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRICE GOUGING DURING A DECLARED STATE OF EMERGENCY OR DISASTER, SO AS TO PROHIBIT THE ACTS ALSO UPON AN OUT-OF-STATE DECLARATION OF A STATE OF EMERGENCY OR DISASTER RESULTING IN ABNORMAL DISRUPTION OF THE MARKET IN CERTAIN COMMODITIES WHEN THIS STATE IS AFFECTED.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\AGM\ 18126MM06), which was adopted:
Amend the bill, as and if amended, by striking Section 1 and inserting:
/ SECTION 1. Section 39-5-145 of the 1976 Code, as added by Act 339 of 2002, is further amended to read:
"Section 39-5-145. (A) As used in this section:
(1) 'Abnormal disruption of the market' means a change in the market for a commodity in a part of South Carolina, whether actual or imminently threatened, resulting from stress of weather, forces of nature, failure or shortage of electric power or other source of energy, strike, civil disorder, or other cause that constitutes the basis for an out-of-state declaration.
(2) 'Commodity' means goods, services, materials, merchandise, supplies, equipment, resources, or other articles of commerce, and includes, without limitation, food, water, ice, chemicals, petroleum products, and lumber essential for consumption or use as a direct result of a declared state of emergency.
(3) 'Notice of an abnormal disruption of the market' means notice given by the South Carolina Attorney General of an abnormal disruption of the market.
(4) 'Out-of-state declaration' means a declaration of a state of emergency, state of disaster, or similar declaration by the President of the United States.
(2)(5)(a) 'Unconscionable price' means an amount charged, which:
(i) represents a gross disparity between the price of the commodity or rental or lease of a dwelling unit, including a motel or hotel unit, or other temporary lodging, or self-storage facility that is the subject of the offer or transaction and the average price at which that commodity or dwelling unit, including a motel or hotel unit, or other temporary lodging, or self-storage facility was rented, leased, sold, or offered for rent or sale in the usual course of business during the thirty days immediately before a declaration of a state of emergency, and the increase in the amount charged is not attributable to additional costs incurred in connection with the rental or sale of the commodity or rental or lease of the dwelling unit, including a motel or hotel unit, or other temporary lodging, or self-storage facility, or local, regional, national, or international market trends; or
(ii) grossly exceeds the average price at which the same or similar commodity, dwelling unit, including a motel or hotel unit, or other temporary lodging, or self-storage facility was readily obtainable in the trade area during the thirty days immediately before a declaration of a state of emergency, and the increase in the amount charged is not attributable to additional costs incurred in connection with the rental or sale of the commodity or rental or lease of the dwelling unit, including a motel or hotel unit, or other temporary lodging, or self-storage facility, or local, regional, national, or international market trends.
(b) It is prima facie evidence that a price is unconscionable if it meets the definition of item (i) or (ii).
(B)(1) Upon a declaration of a state of emergency by the Governor, it is unlawful and a violation of this article for a person or his agent or employee to:
(a) rent or sell or offer to rent or sell a commodity at an unconscionable price within the area for which the state of emergency is declared; or
(b) impose unconscionable prices for the rental or lease of a dwelling unit, including a motel or hotel unit, or other temporary lodging, or self-storage facility within the area for which the state of emergency is declared.
(2) This prohibition remains in effect until the declaration expires or is terminated.
(C)(1) Upon a declaration of a state of disaster by the President, in which the disaster area includes all or a portion of the State of South Carolina, it is unlawful and a violation of this article for a person or his agent or employee in this State to:
(a) rent or sell or offer to rent or sell a commodity at an unconscionable price within the area for which the state of disaster is declared; or
(b) impose unconscionable prices for the rental or lease of a dwelling unit, including a motel or hotel unit, or other temporary lodging, or self-storage facility within the area for which the state of disaster is declared.
(2) This prohibition remains in effect until the declaration expires or is terminated.
(D) When notice of an abnormal disruption of the market is given, it is unlawful and a violation of this article for a person or his agent or employee to:
(1) rent or sell or offer to rent or sell a commodity at an unconscionable price in any area of this State where there is an abnormal disruption in the market; or
(2) impose unconscionable prices for the rental or lease of a dwelling unit, including a motel or hotel unit, or other temporary lodging, or self-storage facility in any area of this State where there is an abnormal disruption in the market.
(3) when notice of an abnormal disruption of the market is given, the prohibitions in this section are in effect for fifteen days unless notice of an abnormal disruption in the market is earlier retracted or renewed. The Attorney General may renew a notice of abnormal disruption of the market for an unlimited number of successive fifteen-day periods.
(4) a trade association, corporation, or partnership may register as an agent for the purpose of being notified when the Attorney General gives, retracts, or renews notice of an abnormal disruption of the market. A trade association may designate up to three persons to be notified on behalf of the organization's members. The trade association, corporation, or partnership is responsible for maintaining current information for the designated agents. The Attorney General's Office shall notify the registered agents simultaneous to giving, retracting, or renewing notice of an abnormal disruption of the market.
(E) A price increase approved by an appropriate government agency is not a violation of this section.
(E)(F) This section does not apply to sales by growers, producers, or processors of raw or processed food products, except for retail sales of those products to the ultimate consumer within the area of the declared state of emergency or disaster.
(F)(G) This section does not preempt the powers of local government, except that the evidentiary standards contained in this section are the sole evidentiary standards to be adopted by ordinance of a local government to restrict price gouging during a declared state of emergency or disaster. In the event a local government declares a state of emergency or disaster or experiences an abnormal disruption of the market in which the disaster area includes all or a portion of the area under the local government's jurisdiction, and restricts price gouging during that emergency or disaster time, the governmental entity must notify the Governor's Office of such the declaration. The Governor's Office must notify registered agents simultaneously at the time of the declaration and also at the termination of the state of emergency its expiration or termination.
(G)(H) In addition to all other remedies provided in this article, a person who wilfully and knowingly violates this section is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not more than one thousand dollars or imprisoned not more than thirty days, or both.
(H)(I) Any A person who is charged with committing an action in violation of this section may present evidence relating to, but not limited to, his knowledge or intent when committing such the action in order to rebut any presumption or evidence of violation of this section."/
Renumber sections to conform.
Amend title to conform.
Rep. CHELLIS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. CHELLIS, with unanimous consent, it was ordered that H. 4316 (Word version) be read the third time tomorrow.
The following Bills were taken up, read the second time, and ordered to a third reading:
S. 353 (Word version) -- Senator McConnell: A BILL TO AMEND CHAPTER 15, TITLE 54, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PILOTS AND PILOTAGE, SO AS TO REVISE THE JURISDICTION OF THE COMMISSIONERS OF PILOTAGE FOR CHARLESTON AND GEORGETOWN AND PROVIDE THAT THESE ARE THE ONLY COMMISSIONERS OF PILOTAGE IN THIS STATE, AND TO FURTHER PROVIDE FOR THE MANNER IN WHICH COMMISSIONERS ARE SELECTED AND OPERATE AND PILOTS ARE LICENSED, TRAINED, AND REGULATED.
Rep. CHELLIS explained the Bill.
H. 4092 (Word version) -- Rep. White: A BILL TO AMEND SECTION 40-35-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION AND AUTHORITY OF THE SOUTH CAROLINA BOARD OF LONG TERM HEALTH CARE ADMINISTRATORS, SO AS TO PROVIDE THAT THE COMMISSIONER OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, WHO SERVES EX OFFICIO ON THIS BOARD, SERVES AS A VOTING, RATHER THAN A NONVOTING MEMBER OF THE BOARD.
Rep. MAHAFFEY explained the Bill.
H. 3833 (Word version) -- Rep. White: A BILL TO AMEND SECTION 13-7-10 AND SECTIONS 13-7-40 AND 13-7-45, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF IONIZING AND NONIONIZING RADIATION AND THE LICENSURE AND REGULATION OF USERS OF SUCH RADIATION, SO AS TO DELETE REFERENCES TO NONIONIZING RADIATION.
Rep. BRANHAM explained the Bill.
On motion of Rep. CHELLIS, with unanimous consent, it was ordered that S. 353 (Word version) be read the third time tomorrow.
On motion of Rep. MAHAFFEY, with unanimous consent, it was ordered that H. 4092 (Word version) be read the third time tomorrow.
On motion of Rep. WHITE, with unanimous consent, it was ordered that H. 3833 (Word version) be read the third time tomorrow.
The following Bill was taken up:
H. 3879 (Word version) -- Reps. M. A. Pitts, Hardwick, Witherspoon, E. H. Pitts, Agnew, J. Brown, Hagood, Jefferson, Leach, Littlejohn, Sandifer, Sinclair, G. R. Smith, W. D. Smith, Umphlett, Duncan and Toole: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-95 SO AS TO MAKE IT UNLAWFUL TO ENGAGE IN COMPUTER ASSISTED REMOTE HUNTING, TO DEFINE COMPUTER ASSISTED REMOTE HUNTING FOR THIS PURPOSE, TO PROVIDE EXCEPTIONS, AND TO PROVIDE PENALTIES FOR VIOLATION.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20851SD06), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Chapter 11, Title 50 of the 1976 Code is amended by adding:
"Section 50-11-95. (A) As used in this section, 'computer-assisted remote hunting' means the use of a computer or any other device, equipment, or software, to remotely control the aiming and discharge of a firearm to hunt an animal, including a bird.
(B) A person may not engage in computer-assisted remote hunting or provide or operate facilities for computer-assisted remote hunting if the animal being hunted is located in this State.
(C) For purposes of this section, facilities for computer-assisted remote hunting include real property and improvements on the property associated with hunting, including hunting blinds, offices, and rooms equipped to facilitate computer-assisted remote hunting.
(D) A person who violates this section is guilty of a misdemeanor and, upon conviction for a first offense must be fined not less than five thousand dollars or imprisoned for not more than one year, or both and for a subsequent offense must be fined not less than ten thousand dollars or imprisoned for not more than five years, or both.
(E) It is an exception to the application of this section that a person provides only:
(1) general-purpose equipment, including a computer, camera, fencing, and building materials;
(2) general-purpose computer software including an operating system and communications programs; or
(3) general telecommunications hardware or networking services for computers, including adapters, modems, servers, routers, and other facilities associated with Internet access.
(F) The provisions of this section do not apply to a disabled hunter using medical equipment or devices designed to assist with his disability while engaged in the act of hunting."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. M. A. PITTS explained the amendment.
The amendment was then adopted.
Rep. M. A. PITTS explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. WITHERSPOON, with unanimous consent, it was ordered that H. 3879 (Word version) be read the third time tomorrow.
The following Bill was taken up:
H. 3922 (Word version) -- Reps. Witherspoon, Ott, Umphlett, Barfield, Cato, Bailey, Hagood, Bowers, Hardwick and Neilson: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 18 SO AS TO ENACT THE "MERCURY SWITCH REMOVAL ACT OF 2005" IN ORDER TO ACHIEVE REDUCTIONS OF MERCURY IN THE ENVIRONMENT THROUGH REMOVAL AND COLLECTION OF MERCURY SWITCHES FROM MOTOR VEHICLES WEIGHING LESS THAN TWELVE THOUSAND POUNDS; TO PROVIDE THAT EVERY MANUFACTURER OF MOTOR VEHICLES SOLD IN THIS STATE TO WHICH THIS CHAPTER APPLIES SHALL DEVELOP A MERCURY MINIMIZATION PLAN TO BE FILED WITH THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; TO PROVIDE FOR CERTAIN COSTS WITH REGARD TO THE COLLECTION AND RECOVERY OF MERCURY SWITCHES TO BE PAID BY THE VEHICLE MANUFACTURER; TO PROVIDE FOR OTHER RELATED PROVISIONS PERTAINING TO THE RECYCLING, STORAGE, AND DISPOSAL OF MERCURY SWITCHES, INCLUDING DESIGNATING MERCURY SWITCHES AS UNIVERSAL WASTE AND REQUIRING THE DEPARTMENT TO PROMULGATE REGULATIONS FOR THE MANAGEMENT OF THESE SWITCHES; AND TO PROVIDE PENALTIES FOR VIOLATIONS.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\12148AC06), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/Section 1. Chapter 96, Title 44 of the 1976 Code is amended by adding:
"Section 44-96-185. (A) For purposes of this section:
(1) 'Automobile manufacturer' means a person, firm, association, partnership, corporation, governmental entity, organization, combination, or joint venture that is the last person in the production or assembly process of a new vehicle that has utilized mercury switches at any time since 1996.
(2) 'End-of-life vehicle' means a vehicle that is sold, given, or otherwise conveyed to a vehicle recycler or scrap recycling facility for the purpose of recycling.
(3) 'Mercury switch' means a mercury-containing capsule, commonly known as a 'bullet', that is part of a convenience light switch assembly.
(4) 'Scrap recycling facility' means a fixed location where machinery and equipment are utilized for processing and manufacturing scrap metal into prepared grades and whose principal product is scrap iron, scrap steel, or nonferrous metallic scrap for sale for remelting purposes.
(5) 'Vehicle' means a passenger automobile or passenger car, station wagon, truck, van, or sport utility vehicle with a gross vehicle weight rating of less than twelve thousand pounds.
(6) 'Vehicle recycler' means an individual or entity engaged in the business of acquiring, dismantling, or destroying six or more end-of-life vehicles in a calendar year for the primary purpose of resale of their parts.
(B) No person shall knowingly place an end of life vehicle into the production stream for a steel recycling facility in South Carolina containing a mercury switch, as defined in this section.
(C) Automobile manufacturers shall develop and bear the costs of operating in cooperation with the Department of Health and Environmental Control and within one hundred eighty days of the effective date of this section, an 'end of life vehicle solutions' (ELVS) program. This program must advance environmental efforts in the areas of vehicle recyclability, education and outreach, and the proper collection and disposal of mercury switches from end-of-life vehicles. At a minimum, the ELVS program must:
(1) provide a program contact to establish, implement, and oversee this program on behalf of ELVS while this section is in effect;
(2) provide guidance to the Department of Health and Environmental Control as to which vehicles may contain mercury switch assemblies, where they are located, and recommended procedures for removing these assemblies;
(3) provide educational and outreach materials to encourage the participation of vehicle recyclers in this program. This outreach program may include participation by ELVS in direct mailings, department workshops, and department site visits;
(4) provide collection containers to participating vehicle recyclers for mercury switches and switch assemblies to be collected pursuant to this program;
(5) provide a collection/transportation system to periodically collect and replace filled containers from vehicle recyclers when notified that the container is full or on a predetermined schedule established according to the Universal Waste Rules in South Carolina;
(6) engage a qualified universal waste management contractor to carry out ELVS activities consistent with this section;
(7) provide the department with an annual report identifying the vehicle recyclers that have a collection container at their facility;
(8) provide the department with an annual report of the quantity of mercury recycled pursuant to this program;
(9) participate in a joint evaluation of the program, including data considered necessary by the parties for program evaluation; and
(10) ensure that all records generated and maintained meet the requirements of the Universal Waste Rules in South Carolina.
(D) A person violating the provisions of subsection (B) is subject to a fine not to exceed two hundred dollars. This provision may be enforced by a state, county, or municipal law enforcement official or by the department.
(E) No person may recover any costs of response actions resulting from a release of hazardous substances from mercury switches from the owner or operator of an entity removing and properly disposing of mercury switches as authorized by this section, unless the owner or operator is grossly negligent in the removal, collection, or storage of the hazardous substance. Nothing in this section affects or modifies in any way the obligations or liability of a person under any other provision of state or federal law, including common law, for injury or damage resulting from the release of hazardous substances.
(F) The department may utilize funds from the Solid Waste Trust Fund, established pursuant to Section 44-96-120, for the administration of this program."
SECTION 2. Article 25, Chapter 6, Title 12 of the 1976 Code is amended by adding:
"Section 12-6-3525. A vehicle recycler or scrap recycling facility, as defined in Section 44-96-185, participating in the End-of-Life Vehicle Solutions (ELVS) Program, authorized pursuant to Section 44-96-185, is entitled to a credit in the amount of $2.50 for each mercury switch collected and submitted for disposal in accordance with the ELVS program. These credits may be used to reduce the taxpayer's corporate income tax liability imposed pursuant to Section 12-6-530, sales or use tax imposed by the State or any political subdivision of the State, corporate license fees imposed pursuant to Section 12-20-50, or any tax similar to these taxes. Any unused credits may be carried forward to subsequent taxable years until these credits are exhausted."
SECTION 3. Unless reinstated by the General Assembly, the provisions of Sections 44-96-185 and 12-6-3525 terminate on June 30, 2013, and these sections and all other laws and regulations governing, authorizing, or otherwise dealing with the removal of mercury switches from vehicles are deemed repealed on that date.
SECTION 4. This act takes effect upon approval by the Governor and applies to mercury switches removed from vehicles after December 31, 2005, and the credits authorized pursuant to Section 12-6-3525 apply to taxable periods beginning after December 31, 2005./
Renumber sections to conform.
Amend title to conform.
Rep. DUNCAN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. WITHERSPOON, with unanimous consent, it was ordered that H. 3922 (Word version) be read the third time tomorrow.
The following Bill was taken up:
H. 4165 (Word version) -- Reps. M. A. Pitts, Rhoad, Umphlett, E. H. Pitts, Loftis, Whipper, Witherspoon, Haley, Hardwick, Agnew, Anderson, Vaughn, Mahaffey, Leach, Bales, Clemmons, Cooper, Littlejohn, Owens, Taylor, Weeks, Whitmire, Duncan and Toole: A BILL TO AMEND SECTION 50-3-316, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRITERIA FOR HIRING NATURAL RESOURCES ENFORCEMENT OFFICERS, SO AS TO REVISE THE RESIDENCY REQUIREMENTS FOR THESE ENFORCEMENT OFFICERS.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\6724SJ06), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 50-3-316 of the 1976 Code, as last amended by Act 458 of 1996, is further amended to read:
"Section 50-3-316. In employing enforcement officers, the department shall use the criteria as required by the Office of Human Resources and the department. The criteria must include, but are not limited to, a written examination, physical examination, and interview. Each applicant is required to perform at minimal levels as required by the Office of Human Resources and the department. The department shall employ the most qualified applicants. An enforcement officer must reside within the county in which he is assigned, provided that the director, in his discretion, may allow an officer to reside outside the county under special hardship circumstances. If an enforcement officer does not reside in the county for which he is employed, he shall move to the county at his expense within three months of employment. Enforcement officers must be compensated from funds provided to the department in the annual general appropriation act."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. M. A. PITTS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. M. A. PITTS, with unanimous consent, it was ordered that H. 4165 (Word version) be read the third time tomorrow.
The following Joint Resolution was taken up:
H. 4502 (Word version) -- Reps. Edge, Harrison, Harrell, Merrill, Young, Bingham, Bailey, Loftis, Perry, Haskins, Witherspoon, Cato, Vaughn, Altman, Sandifer, G. R. Smith, Walker, Jefferson, Ott, Mack, Vick, Clemmons and Bales: A JOINT RESOLUTION PROPOSING AMENDMENTS TO ARTICLE I, SECTIONS 13 AND 17, AND ARTICLE XIV, SECTION 5 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, TO CONSOLIDATE IN ARTICLE I, SECTION 13 PROVISIONS FOR THE EXERCISE OF THE POWER OF EMINENT DOMAIN BY PUBLIC BODIES OF THIS STATE BY AMENDING ARTICLE I, SECTION 17, RELATING TO TREASON AND THE EXERCISE OF THE POWERS OF EMINENT DOMAIN BY OR WITHIN SUMTER AND CHEROKEE COUNTIES, BY DELETING THE SECOND AND THIRD UNDESIGNATED PARAGRAPHS RELATING TO THE EXERCISE OF THE POWERS OF EMINENT DOMAIN BY OR WITHIN SUMTER AND CHEROKEE COUNTIES, AND BY AMENDING ARTICLE XIV TO DELETE SECTION 5 OF THAT ARTICLE, RELATING TO THE EXERCISE OF THE POWER OF EMINENT DOMAIN BY OR WITHIN SPARTANBURG, YORK, FLORENCE, GREENVILLE, CHARLESTON, RICHLAND, AND LAURENS COUNTIES; TO PROVIDE FURTHER THAT PRIVATE PROPERTY MUST NOT BE TAKEN IF AT THE TIME OF THE CONDEMNATION THE PUBLIC BODY CONDEMNING THE PROPERTY INTENDS TO CONVEY ANY INTEREST IN THE REAL PROPERTY TO ANOTHER PRIVATE PARTY WITH SPECIFIED EXCEPTIONS, AND TO PROVIDE FOR JUST COMPENSATION FOR THE OWNER OF REAL PROPERTY IF A LAND USE LAW REDUCES ITS FAIR MARKET VALUE.
Rep. J. E. SMITH 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:
H. 4503 (Word version) -- Reps. Edge, Harrison, Harrell, Merrill, Bingham, Young, Loftis, Perry, Haskins, Witherspoon, Bailey, Cato, Vaughn, Altman, Sandifer, G. R. Smith, Walker, Jefferson, Mack, Vick, Hardwick, Clemmons, Bales and Neilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO REFORM CERTAIN EMINENT DOMAIN PROCEDURES BY ADDING SECTION 4-9-32 SO AS TO PROVIDE FOR PROCEDURES REQUIRED OF A COUNTY BEFORE IT MAY EXERCISE EMINENT DOMAIN; BY ADDING SECTIONS 28-2-65 AND 28-2-67 SO AS TO PROVIDE THAT THE OWNER OF CONDEMNED PROPERTY HAS THE RIGHT OF FIRST REFUSAL TO REDEEM HIS PROPERTY IF THE CONDEMNING ENTITY DOES NOT USE THE PROPERTY FOR THE INTENDED PUBLIC USE OR IT CONTEMPLATES A SALE TO ANOTHER PARTY; BY ADDING SECTION 28-3-25 SO AS TO REQUIRE WRITTEN APPROVAL BEFORE CERTAIN PUBLIC BODIES MAY EXERCISE EMINENT DOMAIN; BY ADDING CHAPTER 4 TO TITLE 28 SO AS TO ENACT THE "JUST COMPENSATION FOR LAND USE RESTRICTIONS ACT" PROVIDING A PROCESS FOR CALCULATING AND OBTAINING JUST COMPENSATION WHEN A LAND USE REGULATION AFFECTS A LAND'S VALUE; BY ADDING SECTION 31-7-26 SO AS TO PROVIDE THAT THE TAX INCREMENT FINANCING ACT (TIF) FOR COUNTIES DOES NOT APPLY TO AGRICULTURAL REAL PROPERTY; TO AMEND SECTION 4-9-30, RELATING TO A COUNTY'S AUTHORITY TO EXERCISE EMINENT DOMAIN, SO AS TO LIMIT THE EXERCISE OF EMINENT DOMAIN FOR SLUM CLEARANCE AND REDEVELOPMENT OF A BLIGHTED AREA BY A COUNTY; TO AMEND SECTION 5-7-50, RELATING TO A MUNICIPALITY'S AUTHORITY TO EXERCISE EMINENT DOMAIN, SO AS TO LIMIT THE EXERCISE OF EMINENT DOMAIN FOR SLUM CLEARANCE AND REDEVELOPMENT OF A BLIGHTED AREA AND TO PROVIDE REQUIRED PROCEDURES BEFORE THE EXERCISE; TO AMEND SECTION 28-2-30, RELATING TO DEFINITIONS FOR PURPOSES OF EXERCISING EMINENT DOMAIN, SO AS TO DEFINE "BLIGHTED", "JUST COMPENSATION", AND "PUBLIC USE"; TO AMEND SECTIONS 28-3-20 AND 28-3-30, BOTH RELATING TO STATE AUTHORITIES WITH EMINENT DOMAIN POWER, SO AS TO SPECIFY PUBLIC ENTITIES OTHER THAN COUNTIES AND MUNICIPALITIES INCLUDING CERTAIN INSTITUTIONS OF HIGHER LEARNING, THE STATE PORTS AUTHORITY, AND THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION; TO AMEND SECTION 31-7-30, AS AMENDED, RELATING TO TIF FOR COUNTIES, SO AS TO DEFINE "AGRICULTURAL REAL PROPERTY" AND "BLIGHTED"; BY ADDING SECTION 6-33-25, RELATING TO TIF FOR MUNICIPALITIES, SO AS TO EXCLUDE AGRICULTURAL PROPERTY FROM ITS PROVISIONS; TO AMEND SECTION 6-33-30, RELATING TO TIF FOR MUNICIPALITIES, SO AS TO DEFINE "AGRICULTURAL REAL PROPERTY" AND "BLIGHTED"; BY ADDING SECTION 31-6-25, RELATING TO TIF FOR REDEVELOPMENT PROJECTS, SO AS TO EXCLUDE AGRICULTURAL PROPERTY FROM ITS PROVISIONS; AND TO AMEND SECTION 31-6-30, AS AMENDED, RELATING TO TIF FOR REDEVELOPMENT PROJECTS, SO AS TO REDEFINE "AGRICULTURAL REAL PROPERTY" AND "BLIGHTED" AREAS.
Rep. J. E. SMITH made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 4313 (Word version) -- Reps. J. Brown, Clark, Altman, G. R. Smith, Loftis, Moody-Lawrence, Toole, Vick and R. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-185 SO AS TO PROVIDE THAT THE FIRST FRIDAY IN MAY OF EACH YEAR IS DECLARED TO BE "VIETNAM VETERANS SURVIVORS' DAY" IN SOUTH CAROLINA.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7124AHB06), which was adopted:
Amend the bill, as and if amended, by striking in its entirety Section 53-3-185, as contained in SECTION 2, page 2, and inserting:
/ "Section 53-3-185. The first Friday in May of each year is declared to be 'Vietnam Veterans Survivors' and Remembrance Day' in South Carolina." /
Renumber sections to conform.
Amend title to conform.
Rep. BREELAND explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. BREELAND, with unanimous consent, it was ordered that H. 4313 (Word version) be read the third time tomorrow.
The following Bill was taken up:
H. 4015 (Word version) -- Rep. White: A BILL TO AMEND SECTIONS 40-47-940, 40-47-945, 40-47-950, 40-47-955, 40-47-965, 40-47-970, 40-47-1015, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE SOUTH CAROLINA PHYSICIAN ASSISTANTS PRACTICE ACT, SO AS TO UPDATE AND CLARIFY THE PROCEDURE FOR ISSUANCE OF AUTHORIZATION TO PRACTICE AND FOR CHANGE IN SUPERVISING PHYSICIAN; TO CLARIFY THE PERMANENT LICENSURE FOR PHYSICIAN ASSISTANTS AND CLARIFY APPEARANCES IN THE APPLICATION PROCESS; TO CLARIFY THE LIMITED LICENSURE FOR PHYSICIAN ASSISTANTS AND CLARIFY APPEARANCES IN THE APPLICATION PROCESS; TO CLARIFY SUPERVISION RESPONSIBILITIES WHEN A PHYSICIAN ASSISTANT AND A PHYSICIAN PRACTICE AT THE SAME LOCATION; TO CLARIFY THE REQUIREMENTS FOR OFF-SITE PRACTICE; TO PROVIDE THAT PATIENT CHARTS FOR PATIENTS SEEN BY A PHYSICIAN ASSISTANT IN A SUPERVISOR'S ABSENCE MUST BE REVIEWED BY THE SUPERVISING PHYSICIAN OR ALTERNATE WITHIN FIVE WORKING DAYS AND TO PROVIDE AN EXCEPTION; TO PROVIDE LIMITED CONTROLLED SUBSTANCE PRESCRIPTIVE AUTHORITY; TO CLARIFY THAT THE PHYSICIAN ASSISTANT PRACTICE IS LIMITED TO THE SUPERVISING PHYSICIAN'S SCOPE OF PRACTICE; TO PROVIDE REFERENCES; TO CHANGE CERTAIN REFERENCES FROM BOARD TO COMMITTEE; AND TO PROVIDE THAT MONETARY FEES MAY BE DECREASED OR INCREASED BIENNIALLY FOR PHYSICIAN ASSISTANTS.
Rep. G. M. SMITH made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 4348 (Word version) -- Reps. Walker, Hinson, McLeod, Limehouse, Bailey and Cobb-Hunter: A BILL TO AMEND CHAPTER 43, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING, AMONG OTHER THINGS, TO THE DISPOSITION OF HUMAN BODIES, THE UNIFORM ANATOMICAL GIFT ACT, AND POSTMORTEM EXAMINATIONS, SO AS TO PROVIDE THAT AN EMBLEM MUST BE EMBEDDED ON A DRIVER'S LICENSE TO DESIGNATE THE LICENSEE AS AN ORGAN OR TISSUE DONOR; TO DELETE PROVISIONS SPECIFICALLY ADDRESSING EYE DONATION, WHICH IS INCLUDED IN PROVISIONS RELATING TO TISSUE DONATION AND PROCUREMENT; TO FURTHER SPECIFY THE CLASSES HAVING AUTHORITY TO CONSENT TO ORGAN AND TISSUE DONATION FOR A DECEDENT; TO CONFORM REFERENCES TO CURRENT FEDERAL LAW REGARDING ORGAN PROCUREMENT AGENCIES; TO PROVIDE THAT WHEN DEATH IS IMMINENT, OR HAS OCCURRED, NOTIFICATION OF THE ORGAN PROCUREMENT ORGANIZATION MUST BE MADE IN ACCORDANCE WITH FEDERAL AND STATE LAW; TO DELETE PROVISIONS REGARDING CERTAIN AGENCIES HAVING AUTHORITY TO RECEIVE CERTAIN ORGAN AND TISSUE DONATIONS; TO REVISE PROCEDURES FOR DEATH RECORD REVIEWERS; AND TO MAKE TECHNICAL CORRECTIONS.
Rep. LITTLEJOHN made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 4296 (Word version) -- Reps. Altman, Mahaffey, Toole and Perry: A BILL TO AMEND SECTION 50-5-2300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS TO HARVEST AND MARKET DIAMOND-BACKED TERRAPIN AND PENALTIES FOR VIOLATIONS, SO AS TO DELETE THE AUTHORITY OF THE DEPARTMENT OF NATURAL RESOURCES TO GRANT PERMITS TO HARVEST AND MARKET DIAMOND-BACKED TERRAPIN AND PROVIDE THAT IT IS UNLAWFUL TO TAKE OR POSSESS DIAMOND-BACKED TERRAPIN FOR A COMMERCIAL PURPOSE, AND TO REVISE PENALTIES FOR VIOLATIONS.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20864SD06), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 50-5-2300 of the 1976 Code, as added by Act 245 of 2000, is amended to read:
"Section 50-5-2300. (A) The department may grant permits for the harvest and marketing of diamond-back terrapin and condition the permits to set seasons, size limits, bag limits, areas, fishing times, and equipment restrictions regarding the harvest of diamond-backed terrapin. It is unlawful to take or possess diamond-backed terrapin except in accordance with the permits granted by the department for a commercial purpose. A person may possess no more than two diamond-backed terrapin for a noncommercial purpose. Nothing in this section will prohibit prohibits the incidental take catch of terrapin by persons engaged in another a lawful fishery during the closed season when the terrapin are returned immediately to the water.
(B) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five one hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days. Each terrapin taken or possessed in violation of this section constitutes a separate offense."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. RHOAD explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. ALTMAN, with unanimous consent, it was ordered that H. 4296 (Word version) be read the third time tomorrow.
On motion of Rep. TOWNSEND, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works and was referred to the Committee on Medical, Military, Public and Municipal Affairs:
H. 3109 (Word version) -- Reps. M. A. Pitts, E. H. Pitts, Taylor, Mahaffey and Umphlett: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-67-160 SO AS TO PROVIDE THAT A SCHOOL BUS DRIVER SHALL HAVE A PHYSICAL PERFORMED BY A PHYSICIAN OR NURSE PRACTITIONER BEFORE THE TESTING REQUIRED TO OPERATE A SCHOOL BUS AND PROVIDE FOR THE REPORTING OF THE RESULTS OF THE EXAMINATION.
On motion of Rep. COATES, with unanimous consent, the following Bill was ordered recalled from the Florence Delegation:
H. 3740 (Word version) -- Reps. McGee, Coates, M. Hines, Branham and J. Hines: A BILL TO AMEND ACT 239 OF 1981, AS AMENDED, RELATING TO THE ELECTION OF THE BOARD OF TRUSTEES FOR SCHOOL DISTRICT NO. 1 IN FLORENCE COUNTY, SO AS TO REAPPORTION THE ELECTION DISTRICTS FROM WHICH TRUSTEES ARE ELECTED; AND TO DESIGNATE A MAP NUMBER FOR THE MAP ON WHICH THESE LINES OF THE ELECTION DISTRICTS FOR TRUSTEES ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
On motion of Rep. CEIPS, with unanimous consent, the following Bill was ordered recalled from the Committee on Agriculture, Natural Resources and Environmental Affairs and was referred to the Committee on Invitations and Memorial Resolutions:
H. 3772 (Word version) -- Reps. Ceips, Limehouse, Whipper, Rivers, Altman, Bales, Battle, Bowers, Breeland, R. Brown, Chalk, Clemmons, Coates, Dantzler, Herbkersman, Jefferson, McGee, Miller, Perry, Scarborough, Umphlett, Viers and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-710 SO AS TO DESIGNATE THE MARSH TACKY AS THE OFFICIAL STATE HORSE OF SOUTH CAROLINA.
On motion of Rep. TOWNSEND, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works and was referred to the Committee on Judiciary:
H. 4629 (Word version) -- Reps. Simrill, Altman, Harrison, Kirsh and G. M. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-25-70 SO AS TO PROVIDE THAT IF A TEACHER IS ARRESTED, THE ARRESTING LAW ENFORCEMENT AGENCY SHALL NOTIFY THE PRINCIPAL OF THE SCHOOL IN WHICH THE TEACHER IS EMPLOYED, PROVIDE THAT THE PRINCIPAL SHALL NOTIFY THE STATE BOARD OF EDUCATION OF THE ARREST, AND PROVIDE THAT THE STATE BOARD OF EDUCATION MAY REVOKE OR SUSPEND THE TEACHER'S CERTIFICATE.
On motion of Rep. HARRISON, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Judiciary:
S. 1097 (Word version) -- Senator McConnell: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUMES 11 AND 18 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF THEIR CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 2006.
The Senate amendments to the following Bill were taken up for consideration:
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.
Rep. COBB-HUNTER explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The following Bills were taken up, read the third time, and ordered sent to the Senate:
H. 3881 (Word version) -- Reps. Hagood, Brady, Altman, Limehouse, Scarborough, Taylor, R. Brown, Mack, Miller, Whipper, Bailey, Weeks and Funderburk: 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 COORDINATION, 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.
H. 4428 (Word version) -- Reps. Cato, Harrell, Sandifer, Altman, Bales, Bingham, Breeland, R. Brown, G. Brown, Ceips, Chellis, Clemmons, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Edge, Haley, Hamilton, Harrison, Hayes, Herbkersman, Hiott, Howard, Huggins, Jefferson, Jennings, Kirsh, Leach, Limehouse, Mack, Merrill, McGee, J. H. Neal, Owens, Perry, Rice, Scarborough, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. R. Smith, G. M. Smith, J. R. Smith, Talley, Taylor, Thompson, Townsend, Vaughn, White, Witherspoon, Young, Anderson, Anthony, Battle, Funderburk, Govan, Martin, Miller, Walker, J. Brown, Clark, Branham, Bailey, Mahaffey, Scott, J. E. Smith and Viers: A BILL TO ENACT THE "SOUTH CAROLINA COMPETITIVE CABLE SERVICES ACT" INCLUDING PROVISIONS TO ADD SECTION 58-12-5 TO THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE FOR A LEGISLATIVE PURPOSE, FINDINGS, PREEMPTION IN REGARD TO CABLE SERVICE AND DESIGNATE IT AS ARTICLE 1, CHAPTER 12 OF TITLE 58, TO DESIGNATE SECTIONS 58-12-10 THROUGH 58-12-130 AS ARTICLE 2 OF CHAPTER 12 OF TITLE 58; AND TO AMEND CHAPTER 12 OF TITLE 58 BY ADDING ARTICLE 3 SO AS TO PROVIDE FOR STATE-ISSUED CERTIFICATES OF FRANCHISE AUTHORITY AUTHORIZING THE APPLICANT TO OFFER CABLE SERVICE IN THIS STATE UNDER THE PROCEDURES AND REQUIREMENTS CONTAINED IN THIS ARTICLE.
The motion period was dispensed with on motion of Rep. LEACH.
The following Bill was taken up:
S. 138 (Word version) -- Senator Hayes: A BILL TO AMEND CHAPTER 3, TITLE 56 OF THE 1976 CODE, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 10 TO PROVIDE FOR THE REGISTRATION AND LICENSING OF ALL-TERRAIN VEHICLES.
Rep. WITHERSPOON moved to recommit the Bill to the Committee on Agriculture, Natural Resources and Environmental Affairs, which was agreed to.
Rep. HAMILTON moved that the House recur to the Morning Hour, which was agreed to.
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 4644 (Word version) -- Rep. Cooper: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA HIGH SCHOOL LEAGUE TO SCHEDULE THE ANNUAL STATE HIGH SCHOOL FOOTBALL CHAMPIONSHIPS AT A FACILITY ON THE CAMPUS OF OTHER COLLEGES OR UNIVERSITIES WHICH MEET THE SAME SEATING CAPACITY AND OTHER CRITERIA AS THE WILLIAMS-BRICE STADIUM AT THE UNIVERSITY OF SOUTH CAROLINA IN ORDER TO EXPOSE THE PARTICIPANTS IN THE EVENT TO OTHER COLLEGES AND UNIVERSITIES IN WHICH THEY MAY BE INTERESTED IN ATTENDING.
Ordered for consideration tomorrow.
The following was introduced:
H. 4676 (Word version) -- Rep. Bingham: A HOUSE RESOLUTION TO COMMEND ONE OF SOUTH CAROLINA'S MOST RESPECTED AND ADMIRED PASTORS, DR. LONNIE H. SHULL, JR., PASTOR OF FIRST BAPTIST CHURCH OF WEST COLUMBIA, UPON THE OCCASION OF HIS RETIREMENT FROM THE ACTIVE MINISTRY ON FEBRUARY 28, 2006, AFTER FIFTY YEARS OF CONTINUOUS PASTORAL MINISTRY.
The Resolution was adopted.
The following was introduced:
H. 4677 (Word version) -- Reps. G. M. Smith, Weeks, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Whipper, White, Whitmire, Witherspoon and Young: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR DR. TED YOUNG OF SUMTER COUNTY FOR HIS EXCEPTIONAL COMMITMENT TO HIS CAREER AND COMMUNITY AND TO CONGRATULATE HIM ON BEING NAMED THE 2005 HUMANITARIAN OF THE YEAR BY THE SUMTER YMCA.
The Resolution was adopted.
The Senate sent to the House the following:
S. 1109 (Word version) -- Senator Cleary: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF UNITED STATES HIGHWAY 701 IN GEORGETOWN COUNTY FROM ITS INTERSECTION WITH NORTH STREET TO ITS INTERSECTION WITH BROWNS FERRY ROAD "AIRMAN FIRST CLASS CARL ANDERSON, JR. MEMORIAL HIGHWAY" AND ERECT APPROPRIATE SIGNS OR MARKERS ALONG THIS HIGHWAY THAT CONTAIN THE WORDS "AIRMAN FIRST CLASS CARL ANDERSON, JR. MEMORIAL HIGHWAY" IN HONOR OF A BRAVE SON OF SOUTH CAROLINA WHO MADE THE ULTIMATE SACRIFICE WHILE DEFENDING HIS COUNTRY IN IRAQ.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4678 (Word version) -- Reps. G. M. Smith and Weeks: A BILL TO AMEND SECTION 20-7-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INFANTS VOLUNTARILY LEFT AT A HOSPITAL BY A PARENT OR AT THE DIRECTION OF A PARENT AND PROVIDING IMMUNITY TO SUCH PACT OR PERSON UNDER CERTAIN CIRCUMSTANCES, SO AS TO PROVIDE THAT AN INFANT MAY ALSO BE LEFT AT A LAW ENFORCEMENT AGENCY OR A CHURCH OR SYNAGOGUE, TO DEFINE HOSPITALS, LAW ENFORCEMENT AGENCIES, AND CHURCHES AND SYNAGOGUES AS "SAFE HAVENS", TO PROVIDE THAT SUCH IMMUNITY ATTACHES WHEN AN INFANT IS LEFT AT A SAFE HAVEN, AND TO PROVIDE THAT A LAW ENFORCEMENT AGENCY, CHURCH, OR SYNAGOGUE MUST TRANSPORT AN INFANT TO A HOSPITAL WHEN THE INFANT IS LEFT AT THE LAW ENFORCEMENT AGENCY, CHURCH, OR SYNAGOGUE.
Referred to Committee on Judiciary
H. 4679 (Word version) -- Reps. Cato, Emory, Kennedy, Bailey, Battle, Bowers, J. Brown, Dantzler, Hardwick, Haskins, Hodges, Jefferson, Leach, Littlejohn, Ott, J. R. Smith, Vaughn and Witherspoon: A BILL TO AMEND SECTION 40-79-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS FOR LICENSURE TO ENGAGE IN AN ALARM SYSTEM BUSINESS, SO AS TO SPECIFY THE NATIONAL TRAINING COURSE REQUIREMENTS TO BE LICENSED TO ENGAGE IN THE BURGLAR ALARM BUSINESS OR THE FIRE ALARM BUSINESS.
Referred to Committee on Labor, Commerce and Industry
H. 4680 (Word version) -- Reps. White, Barfield, Cato, Ceips, Chalk, Chellis, Cooper, Davenport, Hardwick, Herbkersman, Leach, Martin, Moody-Lawrence, Owens, Pinson, Sandifer, Townsend, Umphlett, Viers and Whitmire: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 80, TITLE 15 SO AS TO ENACT THE "ASBESTOS AND SILICA VICTIMS PROTECTION ACT OF 2006" SO AS TO DEFINE KEY TERMS IN THE ACT, TO DEFINE THE ELEMENTS OF A PRIMA FACIE SHOWING REQUIRED TO FILE A CIVIL ACTION BASED ON AN ASBESTOS OR SILICA CLAIM, TO PROVIDE PARAMETERS FOR WHEN AN ASBESTOS OR SILICA CLAIM MAY BE BROUGHT IN THIS STATE AND TO DELINEATE THE INFORMATION THAT MUST BE PROVIDED IN THE CLAIM, TO PROVIDE THAT THE LIMITATIONS PERIOD ON A CLAIM DOES NOT BEGIN TO RUN UNTIL THE EXPOSED PERSON DISCOVERS THAT HE IS PHYSICALLY IMPAIRED BY AN ASBESTOS-RELATED OR SILICA-RELATED CONDITION, TO PROVIDE THAT A PRODUCT SELLER OTHER THAN A MANUFACTURER IS LIABLE TO A PLAINTIFF IN A CIVIL ACTION ONLY IF THE PLAINTIFF ESTABLISHES CERTAIN ELEMENTS RELATED TO REASONABLE CARE AND PROXIMATE CAUSE, AND TO PROVIDE FOR SPECIFIC EXCEPTIONS TO THE LIMITATIONS ON CIVIL ACTIONS FOR ASBESTOS AND SILICA CLAIMS.
Referred to Committee on Judiciary
Rep. VICK moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 4520 (Word version) -- Rep. Witherspoon: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE ALONG HIGHWAY 19 THAT CROSSES SOUTH CAROLINA HIGHWAY 22 IN HORRY COUNTY THE "LEWIS A. SINGLETON BRIDGE" AND TO ERECT APPROPRIATE MARKERS AT THIS BRIDGE THAT CONTAIN THE WORDS "LEWIS A. SINGLETON BRIDGE".
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".
H. 4588 (Word version) -- Rep. Simrill: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION ERECT MARKERS OR SIGNS AT EXIT 82 B ALONG INTERSTATE HIGHWAY 77 IN YORK COUNTY THAT CONTAIN THE WORDS "CHERRY ROAD".
H. 4596 (Word version) -- Reps. G. M. Smith, Weeks, Coates, G. Brown and J. H. Neal: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THAT PORTION OF HIGHWAY 76/378 IN SUMTER (KNOWN AS THE BROAD STREET EXTENSION) FROM LORING MILL ROAD TO SOUTH CAROLINA ROAD 441 IN HONOR OF RAMON W. SCHWARTZ, JR., ONE OF SOUTH CAROLINA'S MOST DISTINGUISHED PUBLIC OFFICIALS AND A FORMER SPEAKER OF THE HOUSE OF REPRESENTATIVES AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS HIGHWAY THAT CONTAIN THE WORDS "RAMON W. SCHWARTZ, JR. HIGHWAY".
H. 4597 (Word version) -- Reps. Miller, Haley, Agnew, Anderson, Ballentine, Bannister, Brady, Chalk, Funderburk, Hardwick, Hiott, Hodges, Jefferson, Mitchell, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Govan, Hagood, Hamilton, Harrell, Harrison, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, 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 REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF UNITED STATES HIGHWAY 701 IN GEORGETOWN COUNTY FROM ITS INTERSECTION WITH NORTH STREET TO ITS INTERSECTION WITH BROWNS FERRY ROAD "AIRMAN FIRST CLASS CARL ANDERSON, JR. MEMORIAL HIGHWAY" AND ERECT APPROPRIATE SIGNS OR MARKERS ALONG THIS HIGHWAY THAT CONTAIN THE WORDS "AIRMAN FIRST CLASS CARL ANDERSON, JR. MEMORIAL HIGHWAY" IN HONOR OF A BRAVE SON OF SOUTH CAROLINA WHO MADE THE ULTIMATE SACRIFICE WHILE DEFENDING HIS COUNTRY IN IRAQ.
At 11:25 a.m. the House, in accordance with the motion of Rep. FUNDERBURK, adjourned in memory of Mrs. Helen Burns of Camden, to meet at 10:00 a.m. tomorrow.
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