Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 noon.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:
Our thought for today is from 1 John 3:7: "Dear children, do not let anyone lead you astray."
Let us pray. Almighty God, creator of diversity, we gather to discuss and make decisions and cause change. Guide us in our means and talents this day to do what is right and good. Be present with each of these Representatives and staff this day and week. Open our hearts to service and love for others. Bless our Nation, President, State, Governor and leaders. Protect our defenders of freedom as they protect us. We ask in the name of our Lord. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.
Rep. FUNDERBURK moved that when the House adjourns, it adjourn in memory of Lawrence Graham, Sr., of Camden, which was agreed to.
The following was received:
Memorandum To: Clerk of the House
Clerk of the Senate
Re: Committee Hearings, March 8, 2006
The Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities finds the following candidates for Boards of Trustees qualified. Background reports from the State Law Enforcement Division show no felony charges against any of the candidates.
Clemson University
at-large Mr. Joseph D. Swann
Francis Marion University
at-large, seat 13 Mr. Robert E. Lee
Coastal Carolina University
3rd District, seat 5 Mr. Jennings G. McAbee
Mr. Bill Biggs
Respectfully submitted,
Rep. Olin Phillips, Chm. Sen. Thomas Alexander
Rep. Becky Martin Sen. Linda Short
Rep. Lanny F. Littlejohn Sen. Jake Knotts
Rep. Jesse E. Hines Sen. Harvey S. Peeler, Jr.
The following candidate screening was conducted on March 9th, 2006, Room 534, Blatt Building, Columbia, South Carolina, before Diane M. Hendricks, Court Reporter and Notary Public in and for the State of South Carolina.
Representative Olin Phillips, Chairman
Representative Lanny F. Littlejohn
Senator Linda Short
Senator Thomas Alexander
Senator Harvey S. Peeler, Jr.
Sophia Floyd, Administrative Assistant
Also Present: Russell Boloyan
CHAIRMAN PHILLIPS: Let's call the meeting to order here to try. The Senate is trying to get back. And, of course, we were already adjourned and we're getting started here. The Joint Screening Committee screens candidates for the Board of Trustees. For Clemson University will be the first one up. I want to introduce the Committee and the court stenographer. Taking part today is Diane M. Hendricks. Ms. Hendricks thanks for coming over and doing -- you're with the Creel Agency?
COURT REPORTER: Yes, sir.
CHAIRMAN PHILLIPS: Okay. Thank you very much. And our Committee members today present from the House is Representative Lanny Littlejohn, Spartanburg; Senator Harvey Peeler from Cherokee, York -- York and Spartanburg and York and Union. And is that it? Four?
REPRESENTATIVE LITTLEJOHN: Yes.
CHAIRMAN PHILLIPS: And Senator Thomas Alexander from Oconee and Senator Linda Short from Fairfield, Chester, York and --
SENATOR SHORT: Union.
CHAIRMAN PHILLIPS: -- Union.
SENATOR SHORT: Right.
CHAIRMAN PHILLIPS: Oh, man. All right. Thank you very much for you all being here. Our first candidate for the day is the incumbent for Clemson University, Joe Swann. He has no opposition. And Joe, would you please raise your right hand. Will the information given here today be the truth, nothing but the truth, so help you God?
MR. SWANN: Yes, sir.
CHAIRMAN PHILLIPS: Thank you, sir. You've already submitted a statement and if you will give us just a short -- we know your hobbies and your business hasn't had interference, so we're gonna skip all that. If you'll just give us a brief statement why you want to go back, you may go ahead at this time.
MR. SWANN: Thank you. I do thank you for letting me have an opportunity to come later than the first two days. I've served Clemson University for 16 years and I think we have a lot of very positive things going on with the improvement and the eight focus areas. And it being my alma mater and something that I'm very passion about, I make sure I find time to be there. I'm the Chairman of the Research Committee and the (inaudible) subcommittee. And what that's gonna do for our state as well as for Clemson University I think is very positive. And I want to see -- I want to be able to see and assist that in being. Thank you for allowing me to --
CHAIRMAN PHILLIPS: Thank you, sir.
MR. SWANN: To make the comments.
CHAIRMAN PHILLIPS: Any questions of Mr. Swann from any Committee members? Representative Littlejohn.
REPRESENTATIVE LITTLEJOHN: Joe, what do you see the future of Clemson's student population growing in the next 20 years, say, which is a long way off, I know. But do you foresee a lot of growth?
MR. SWANN: I think as we stand today, the Board has concluded that we should stay about the same size as we are. We'd like to be about 12,000 to 13,000 undergraduate and 4,000 to 5,000 in graduate.
REPRESENTATIVE LITTLEJOHN: The quality is more important than numbers?
MR. SWANN: We think so. And we're very proud of the students that we're getting. You know, over 98 percent of South Carolina freshmen this year will have a LIFE Scholarship or a Palmetto Scholarship.
REPRESENTATIVE LITTLEJOHN: How about the Greenville University Center? Is that working out real well for the ones that don't get in Clemson?
MR. SWANN: I think it works out very well, it's -- you know, there's -- it's more graduate courses from Clemson.
REPRESENTATIVE LITTLEJOHN: Right.
MR. SWANN: USC Upstate has the undergraduate courses.
REPRESENTATIVE LITTLEJOHN: But do you have some that are turned down that go there on the first year or two?
MR. SWANN: To -- not to that center as much as to Greenville Tech or other tech schools. You know, this year we have the Bridge Program.
REPRESENTATIVE LITTLEJOHN: Right. With Trident Tech, Trident?
SENATOR ALEXANDER: Tri-County.
REPRESENTATIVE LITTLEJOHN: Tri-County, yeah.
MR. SWANN: Tri-County. And I understand we offered almost 1,000 people the opportunity to do that and I believe we've had, the last time I heard, over 300 that have paid tuition or made their deposit to pay on tuition, which we can take only 200 I think is that number.
REPRESENTATIVE LITTLEJOHN: All right, good.
CHAIRMAN PHILLIPS: Any other questions?
SENATOR PEELER: Mr. Chairman --
CHAIRMAN PHILLIPS: Senator Peeler.
SENATOR PEELER: Of the total population how many are in-state?
MR. SWANN: The normal -- the number normally runs about 65 percent. It's 33 to 35 out of state and it's been that way for the last 16 years in my experience.
SENATOR PEELER: You don't foresee that changing, that ratio?
MR. SWANN: I think it would stay about the same.
CHAIRMAN PHILLIPS: Thank you, Senator Peeler. Any other questions?
SENATOR SHORT: Mr. Chairman, I don't have a question. Joe, I just want to thank you for all your hard work and encouragement. Please try to keep tuition down as much as possible.
MR. SWANN: Thank you very much.
CHAIRMAN PHILLIPS: I was gonna inquire of that. I share the same concern. We have a lot of people back home concerned about tuition and I know you're concerned enough and I know you're -- on the whole board, and you have to do what you have to do, but please keep that in mind, because the tuition rates are really getting really, really high for a lot of people to be able send a kid to a four-year institution. Thank you very much for your services.
MR. SWANN: Thank you and thank you for you letting me address you.
CHAIRMAN PHILLIPS: Well, it was pleasure of the Committee.
SENATOR PEELER: Mr. Chairman, I move in favor to move forward on it.
CHAIRMAN PHILLIPS: Senator Peeler, moves in favor.
SENATOR ALEXANDER: Second.
CHAIRMAN PHILLIPS: Second by Senator Alexander. All in favor, signify with saying aye.
COMMITTEE: Aye.
CHAIRMAN PHILLIPS: Aye. Any no's?
COMMITTEE: (No response.)
CHAIRMAN PHILLIPS: No. It's unanimous. Thank you very much and the election will be April the 5th.
MR. SWANN: April the 5th.
CHAIRMAN PHILLIPS: That's next --
SENATOR ALEXANDER: Has that been --
CHAIRMAN PHILLIPS: That's been confirmed.
SENATOR ALEXANDER: It has been confirmed?
CHAIRMAN PHILLIPS: Yeah. We sent a resolution to you all yesterday -- today.
SENATOR ALEXANDER: Well, that doesn't mean it hadn't been --
CHAIRMAN PHILLIPS: Well, I mean, you should read it today.
SENATOR ALEXANDER: That's when it's anticipated.
CHAIRMAN PHILLIPS: No. We sent it to -- the resolution called for April the 5th. We'll let you know definitely.
REPRESENTATIVE LITTLEJOHN: Is that tied in with any other elections or anything?
CHAIRMAN PHILLIPS: No, no. The House felt that we didn't want to drag these people way up in the mud and we'll do it the first week after the budget. So while -- while the budget's being printed. So tentatively April the 5th is what we asked you all to approve the resolution. It should be on your desk today.
SENATOR SHORT: So, Mr. Chairman, if that date is approved then at what point are they released? I know that Joe doesn't have any opposition, so it's not a problem for him, but if one of the others does have opposition, that raises another point of when they will be released.
CHAIRMAN PHILLIPS: Well, the only other -- Robert E. Lee does not have opposition.
SENATOR SHORT: I know. But --
CHAIRMAN PHILLIPS: We're not -- that election will come later on when we do the poker rules.
REPRESENTATIVE LITTLEJOHN: What --
CHAIRMAN PHILLIPS: We got another election following that one, Cathy Harvin. We've got a number of seats vacant. And the Rule says that -- the Rules of the House that we really haven't been following them so close on the -- where people have withdrawn from the race. And the Rules say we're to advertise at least four weeks. We do that up front, but we haven't been doing it. We've been trying to fill the vacancies and getting them in as quick as we could, we've been going like two weeks or 12 days or something like that. All of them have candidacies that we've got contending. Cathy Harvin's seat, there's already two candidates for that already filed.
MS. FLOYD: Filing closed yesterday at five.
CHAIRMAN PHILLIPS: Yeah. Filing closed and they already had two candidates for it, but we're just want to try to get them two together. Again, these -- Mr. Briggs and McAbee, time to solicit. This one's going to your journal until next week anyway, so...
SENATOR SHORT: So the other people are at what point?
CHAIRMAN PHILLIPS: The other people? What other people?
SENATOR SHORT: Like Joe.
CHAIRMAN PHILLIPS: Joe and them -- Joe, yeah. He --
SENATOR SHORT: Can start asking for people today?
CHAIRMAN PHILLIPS: Yeah. Oh, yeah. He's eligible today.
SENATOR SHORT: Okay. That's my question. Thank you.
MS. FLOYD: Before it's printed in the House and Senate Journal?
CHAIRMAN PHILLIPS: Huh?
MS. FLOYD: Even before it's typed up?
CHAIRMAN PHILLIPS: Oh, I'm sorry. He does go -- we do have to print it in the Journal, even though he's an incumbent, no opposition, that should be in there.
SENATOR ALEXANDER: That'll be in about a week or so, isn't it?
CHAIRMAN PHILLIPS: It will be next Monday. We're Tuesday. It will be in the Tuesday Journal, so anytime next week, even though you don't have any opposition.
MR. SWANN: Thank you very much.
SENATOR ALEXANDER: Well, wouldn't it be there after that? Isn't there a two day or two and a half day 48-hour period?
CHAIRMAN PHILLIPS: Yeah.
SENATOR PEELER: So it won't be any day next week, it will be --
CHAIRMAN PHILLIPS: It will be next Thursday --
SENATOR SHORT: Next Thursday noon or something like that.
MS. FLOYD: It would be in Tuesday's Journal, which will be up to Diane.
SENATOR ALEXANDER: You hate to ask for a commitment and get caught -- because -- you might want to wait until the first of next week.
MS. FLOYD: Right.
SENATOR ALEXANDER: To make sure, Joe, because we don't want anything happening to you.
CHAIRMAN PHILLIPS: Next Thursday, 12:00, Joe, we hope to have it in there.
MR. SWANN: Thank you.
CHAIRMAN PHILLIPS: Francis Marion University at-large, Seat 13, Mr. Robert E. Lee. Mr. Lee is the incumbent with no opposition. Mr. Lee, please raise your right hand. Will the information given here today be the truth, nothing but the truth, so help you God?
MR. LEE: I swear to God.
CHAIRMAN PHILLIPS: You're already in the office, so we know that you don't have any conflicts, you have no other appointments, no other elected offices at this time, do you sir?
MR. LEE: No, sir.
CHAIRMAN PHILLIPS: Would you go ahead with a short statement.
MR. LEE: I've now been, it's kind of scary. I've now been eight years on the Board, Francis Marion. I served the first four years -- a little more than six months and became Chairman and spent four years as Chairman and now I've gone back and started kind of back through and am currently Chairman of the Finance Committee. And I -- I think the record at Francis Marion now speaks for itself as to where it's been and where it's going. You know, I wish I could take credit for it, but actually most of the credit belongs to Dr. Carter and his staff. But we just try to either make the way, remove obstacles out of the way for them or kind of stay out of their way, but I really think that Francis Marion kind of speaks for itself, where it is, where it's headed. And I appreciate the honor and the privilege of being part of that.
CHAIRMAN PHILLIPS: Any questions for Mr. Lee?
SENATOR SHORT: Mr. Chairman.
CHAIRMAN PHILLIPS: Ms. Short.
SENATOR SHORT: Has the new nursing program started at Francis Marion?
MR. LEE: Yes, ma'am. The new nursing program has started. The building should be completed, summer. There's a full class awaiting them. It's probably the most stringent admission requirements. I think it has 31 seats and they probably have four or five applicants for every seat.
SENATOR SHORT: Well, we need more seats and more slots for nursing students.
CHAIRMAN PHILLIPS: Representative Littlejohn?
REPRESENTATIVE LITTLEJOHN: Robert, you note that Dr. Carter got you all in a harmony down there. Is that correct?
MR. LEE: Well, I mean, I think so. You know, with Dr. Carter you really don't have much choice. He allows you to operate under the assumption that you do have some choice, but, you know, those who he has he cajoles, those who he has he loves and those who he has is scared. But, no. It's a great partnership.
REPRESENTATIVE LITTLEJOHN: What's your biggest problem?
MR. LEE: Biggest problem?
REPRESENTATIVE LITTLEJOHN: Uh-huh.
MR. LEE: Funding.
REPRESENTATIVE LITTLEJOHN: Sir?
MR. LEE: Funding.
REPRESENTATIVE LITTLEJOHN: Funding?
MR. LEE: Sure. That's all of our big problem. You know, if --
REPRESENTATIVE LITTLEJOHN: But do you realize you're over-funded as far as CHE goes?
MR. LEE: Well, I don't put a lot of credit in CHE. I find that they're probably more of a drag on higher education than a benefit. I do know that better than 75 percent of the students that we service come from the Pee Dee region of South Carolina and so to the extent, we are over-funding -- over-funded, according to CHE, I mean, that may be CHE looking at it statewide. But as to our service area, I think we are barely adequately funded, because we, like all institutions, face the same obstacles every year on how do we balance tuition against funding. And I'm happy to say we still remain the lowest four-year institution tuition-wise in the State of South Carolina.
REPRESENTATIVE LITTLEJOHN: Well, you should be. You got about 80-percent funding from CHE while other schools are about 60, so you should have a low tuition.
MR. LEE: Well, that, we do. We have the lowest in the State.
CHAIRMAN PHILLIPS: Any other questions?
SENATOR PEELER: Move in favor for report on Mr. Lee.
CHAIRMAN PHILLIPS: Senator Peeler moves in favor.
SENATOR SHORT: Second.
CHAIRMAN PHILLIPS: Seconded by Senator Short. All in favor of Robert E. Lee say aye.
COMMITTEE: Aye.
CHAIRMAN PHILLIPS: No?
COMMITTEE: (No response.)
CHAIRMAN PHILLIPS: None of them.
MR. LEE: Thank you Mr. Chairman.
CHAIRMAN PHILLIPS: Sir, wait. You'll be able to solicit votes next Thursday at 12:00.
MR. LEE: Thank you very much.
CHAIRMAN PHILLIPS: From Coastal Carolina University, 3rd District, Seat Number Five, Mr. Jennings McAbee. Jennings, please raise your right hand, sir. Will the information given here today be the truth, nothing but the truth, so help you God?
MR. McABEE: So help me God.
CHAIRMAN PHILLIPS: You don't hold any other elected or appointed positions back in your county, do you?
MR. McABEE: I do not.
CHAIRMAN PHILLIPS: You don't have any hobbies that would be a conflict of interest or businesses that would be a conflict of interest serving on the Coastal Carolina Board, do you?
MR. McABEE: I do not.
CHAIRMAN PHILLIPS: Thank you, sir. If you'll give us a brief statement.
MR. McABEE: All right. I'm Jennings McAbee. It's a pleasure to be here today. It's good to see all of you. I decided to run for the Coastal Board. I had thought about my previous years of experience as Chairman of the Subcommittee on Ways and Means and Higher Ed and watched Coastal grow through Charlie Hodges' years of being on the legislature. I've always had a fond place in my heart for the University for that reason. But I also chaired, of course, for the Committee and Tourism and Trade, which is so closely aligned with Coastal and the things that they're doing there at the college. I've served on the (inaudible) Review Committee, which oversaw most of the building growth there, so I'm familiar pretty much with the University through that past experience. And the main reason, my grandfather always taught me that it's not what you do in life that counts, especially if it's for yourself. It's what you do for other people and that's what I want to do serving on the Coastal Board. I'll be happy to respond to any questions that any of you have.
CHAIRMAN PHILLIPS: Any Committee members got any questions for Jennings?
COMMITTEE: (No response.)
CHAIRMAN PHILLIPS: Well, Jennings, glad to see you.
MR. McABEE: Good to see you.
SENATOR ALEXANDER: Good to see you.
CHAIRMAN PHILLIPS: Thank you for offering your services. What is the pleasure of the Committee?
SENATOR PEELER: Move in favor --
CHAIRMAN PHILLIPS: Senator Peeler moves in favor.
SENATOR ALEXANDER: Second.
CHAIRMAN PHILLIPS: Senator Alexander seconds. All in favor of Jennings McAbee, please signify by saying aye.
COMMITTEE: Aye.
CHAIRMAN PHILLIPS: Aye.
MR. McABEE: Thank you very much.
CHAIRMAN PHILLIPS: Any no's?
COMMITTEE: (No response.)
CHAIRMAN PHILLIPS: No no's. You may solicit your support for next Thursday.
SENATOR SHORT: I thought you said they couldn't.
CHAIRMAN PHILLIPS: Huh?
SENATOR SHORT: I thought you said you couldn't. I thought you said the Coastal one was gonna be held up -- oh, that's Cathy Harvin.
CHAIRMAN PHILLIPS: Yeah. That's right. We'll let you know.
MS. FLOYD: The election won't be on the fifth --
CHAIRMAN PHILLIPS: Yeah.
MS. FLOYD: -- but they can solicit.
CHAIRMAN PHILLIPS: Yeah. I forgot. Cathy Harvin. We got another one.
MS. FLOYD: Yeah. The election for him won't be on the fifth. I'll let you know.
CHAIRMAN PHILLIPS: Yeah. We'll let you know. I'm sorry.
MR. McABEE: That's fine.
MS. FLOYD: Yeah. The election for them can't be April 5th, because they need time, but they can probably just --
CHAIRMAN PHILLIPS: Okay.
MS. FLOYD: One more.
CHAIRMAN PHILLIPS: You're seeking the 3rd District, Seat Number Five for Coastal Carolina?
MR. BIGGS: Yes, sir. I am.
CHAIRMAN PHILLIPS: Please raise your right hand, sir. Will the information given here today be the truth, nothing but the truth, so help you God?
MR. BIGGS: Yes, sir.
CHAIRMAN PHILLIPS: Do you hold any other elected positions in your county?
MR. BIGGS: No elected positions.
CHAIRMAN PHILLIPS: Appointed positions or anything?
MR. BIGGS: I'm appointed right now to the Veterans' Trust Fund Board. I submitted a resignation about a year ago, but with changes in the Director of Veterans' Affairs, it did not get processed, but I will follow through on that resignation next week.
CHAIRMAN PHILLIPS: If you're elected you would --
MR. BIGGS: I would give that up. Yes, sir.
CHAIRMAN PHILLIPS: Okay, sir. Do you have any hobbies or anything that would be a conflict of interest or a business or business partners that would cause any kind of conflict of interest?
MR. BIGGS: No, sir. None at all.
CHAIRMAN PHILLIPS: None at all? No health problems that would cause you not to be able to attend the Board meetings?
MR. BIGGS: No, sir.
CHAIRMAN PHILLIPS: None? Well, go ahead and give us a short statement if you will, sir.
MR. BIGGS: Okay, sir. I look forward to the -- this opportunity to run for the Board. To me, our higher education is so important to all of our industry and the future growth of this state. I operate a business that runs nursing homes in five states. The majority of them are here in South Carolina and we're headquartered in South Carolina. We are constantly looking for professionals to move into administrative positions and social work positions, dieticians. So many of our positions that are available come from the higher education of this state. And I see the need and the importance of continuing the growth that we've seen in South Carolina to make higher education more available and better for our young, you know, future leaders of this state. And I would consider it an opportunity to and a privilege to serve in this capacity.
CHAIRMAN PHILLIPS: Any questions from any Committee of Mr. Briggs?
SENATOR SHORT: Mr. Chairman.
CHAIRMAN PHILLIPS: Senator Short.
SENATOR SHORT: Is the South Carolina Health Care Association, you're currently President of that association. Is that correct?
MR. BIGGS: I'm the Chairman of that association. It's elected by my peers of all the nursing homes and then we hire a president.
SENATOR SHORT: Is that a lobbying organization?
MR. BIGGS: We have a lobbyist that works for the organization.
SENATOR SHORT: But you do not personally lobby?
MR. BIGGS: I do not.
SENATOR SHORT: Okay.
CHAIRMAN PHILLIPS: Any others?
REPRESENTATIVE LITTLEJOHN: Mr. Chairman.
CHAIRMAN PHILLIPS: Yes.
REPRESENTATIVE LITTLEJOHN: Mr. Biggs, this SLED report, is that just water over the dam now or what?
MR. BIGGS: I would guess so.
REPRESENTATIVE LITTLEJOHN: The SLED report was from '94?
MR. BIGGS: That was supposed to be completely removed.
REPRESENTATIVE LITTLEJOHN: It's still on there. You might want to --
MR. BIGGS: It was supposed to completely have been purged.
REPRESENTATIVE LITTLEJOHN: You've done nothing since then?
MR. BIGGS: No, sir.
REPRESENTATIVE LITTLEJOHN: Twelve years.
SENATOR PEELER: Mr. Chairman. The Veterans' Trust Fund Board, what is that?
MR. BIGGS: The Veteran's Trust Fund Board was passed when Governor Campbell I believe or Governor Beasley was in office. And it was -- where most every other state in South Carolina -- or besides South Carolina had a Veterans' Trust Fund to work with. Donations could be made to assist and benefit veterans in the state. During that period of time the House and Senate voted and passed the Trust Fund Board. It is now a checkoff on the South Carolina tax forms. And we're able to -- to make donations.
SENATOR PEELER: You're currently of the Board?
MR. BIGGS: Yes, sir. There's several hundred thousand dollars in it. It's been used to, you know, help many different veterans. It goes through -- by law, the money has to be passed through a veterans' organization to help. So if the American Legion or VFW or DAV comes to this Board with a legitimate request, then funds can be given to them to help out a little bit.
SENATOR PEELER: What are some of the requirements for a veteran to ask for that?
MR. BIGGS: There's really no requirements. The -- when the trust fund was set up it basically said to serve and help any veteran's needs or issues. But the way the law is written, the committee cannot, say if a veteran comes in with a specific health problem, and because of funding, you know, they don't have the money to pay a bill. The committee cannot say, "Well, we'll approve that and write you a check." It would have to go through a veterans' organization such as the American Legion and then the committee could look at that and then make the donation to that organization and they could help them. There's been talk about trying to change that where it, you know, it wouldn't be going through so many channels, because it makes it very difficult for veterans to be able to get a --
CHAIRMAN PHILLIPS: So, you're saying a little red tape there to get through to it?
MR. BIGGS: I little bit, but this was very new for us when it went in. And it's been a great organization and we're receiving probably $60,000 to $70,000 a year from the tax checkoff forms. But it's, you know, a great thing for our state.
CHAIRMAN PHILLIPS: I was just wondering. Any other question from any Committee members?
SENATOR SHORT: Mr. Chairman.
CHAIRMAN PHILLIPS: Senator Short.
SENATOR SHORT: I don't really have a question. I just want to encourage you while you're running to look carefully at tuition cost. Coastal as well as the other schools have gone up dramatically and it's just a serious concern for all of us and I would hope that if you are fortunate enough to be elected that that would be an issue that you would take to heart and carefully considered before you voted to increase tuition at the kind of rates that it has been of late.
MR. BIGGS: I have a 13 year-old, so that is something I'm gonna be facing in the near future.
CHAIRMAN PHILLIPS: Any other questions from any Committee members?
SENATOR PEELER: Mr. Chairman, I move in favor for the reports.
SENATOR SHORT: Second.
CHAIRMAN PHILLIPS: Senator Peeler moves in favor of reports.
SENATOR SHORT: Second.
CHAIRMAN PHILLIPS: Second by Senator Short. All in favor signify by saying aye.
COMMITTEE: Aye.
CHAIRMAN PHILLIPS: Any no's?
COMMITTEE: (No response.)
CHAIRMAN PHILLIPS: No. Thank you, sir. We'll let you know when the elections will be held and when you can start asking for solicitations of votes, sir. She'll send that by mail or telephone.
MR. BIGGS: Okay. Thank you very much. Have a great day.
(The candidate screening concluded at 1:59 p.m.)
Document No. 3056
Agency: Department of Education
Statutory Authority: 1976 Code Sections 59-5-60, 59-18-310 - 59-18-340, 59-20-60, 59-30-10
End-of-course tests
Received by Speaker of the House of Representatives
March 10, 2006
Referred to Education and Public Works Committee
Legislative Review Expiration February 14, 2007
Document No. 3057
Agency: Department of Revenue
Statutory Authority: 1976 Code Section 12-4-320
Retail Licenses and Partnerships
Received by Speaker of the House of Representatives
March 10, 2006
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration February 14, 2007
Document No. 3045
Agency: Office of the Attorney General
Statutory Authority: 1976 Code Section 35-1-101 et seq.
Securities
Received by Speaker of the House of Representatives
March 9, 2006
Referred to Judiciary Committee
Legislative Review Expiration February 13, 2007
Document No. 3027
Agency: Board of Education
Statutory Authority: 1976 Code Sections 59-1-310 and 59-5-60
Nutrition Standards for Elementary (K-5) School Food Service Meals and Competitive Foods
Received by Speaker of the House of Representatives
January 20, 2006
Referred to Education and Public Works Committee
Legislative Review Expiration May 20, 2006
Withdrawn and Resubmitted March 10, 2006
Columbia, S.C., March 14, 2006
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 12:45 p.m. today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. SKELTON the invitation was accepted.
The following was introduced:
H. 4795 (Word version) -- Reps. Harrison, 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, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, 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 HOUSE RESOLUTION TO EXPRESS SINCERE GRATITUDE AND FRIENDSHIP TO MRS. RUTH W. TIDWELL OF LEXINGTON COUNTY FOR HER SERVICE TO THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AS ADMINISTRATIVE ASSISTANT TO THE HOUSE JUDICIARY COMMITTEE, AND WISH HER MUCH DESERVED HAPPINESS AND GOOD HEALTH IN THE FUTURE.
Whereas, it is appropriate to recognize long-term employees of the State of South Carolina who dedicated their skills and expertise to the State for many years; and
Whereas, Ruth W. Tidwell of Lexington County is certainly a state employee worthy of such recognition having worked in many capacities in state government through the years including working with the Department of Education, Legislative Audit Council, the Joint Legislative Committee on Energy, and the State Ethics Commission before retiring from her service with the South Carolina House of Representatives in 2005; and
Whereas, Mrs. Tidwell was hired as the Administrative Assistant to the House Judiciary Committee in 1993. This lovely lady quickly became known not only for her superior organizational skills, which made her such an asset to a committee responsible for a wide range of subject matter, but also for her kind and generous nature; and
Whereas, she was the constant of the House Judiciary Committee for over twelve years through two committee chairmen, nine attorneys, and countless law clerks and pages; and
Whereas, Mrs. Tidwell served as the first contact for members of the public and lobbyists alike, and she made it a point to treat everyone with dignity and respect, regardless of their status or position; and
Whereas, among her many responsibilities with the committee, Mrs. Tidwell was in charge of the considerable page staff. She was tough but fair and treated the college students who worked for the committee as if they were her own children even keeping pictures of former pages on her Judiciary Committee desk; and
Whereas, Chairman Jim Harrison, members of the committee, and former and current staff of the committee will never forget the time and effort she put into her job and the countless kindnesses she extended each of them along the way; and
Whereas, adored by members and staff alike, her dedication, skills, warmth, respect, friendliness, and her vast institutional knowledge of the committee and state government in general will be greatly missed; and
Whereas, Mrs. Tidwell did not just take great pride in her work, she also is the wife of her beloved David, a talented artist, and together they have two beautiful daughters: Lisa Kraus and Tracy Folks. She and David are proud to boast four adorable grandchildren: Caitlin, Bailey, and Rylee Kraus, and Caleb Folks; and
Whereas, the South Carolina House of Representatives is pleased to extend its profound appreciation to this truly wonderful lady for her outstanding service to the South Carolina House of Representatives and South Carolina state government on the occasion of her retirement. Now, therefore,
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, express their sincere gratitude and friendship to Mrs. Ruth W. Tidwell of Lexington County for her service to the South Carolina House of Representatives as Administrative Assistant to the House Judiciary Committee, and wish her much deserved happiness and good health in the future.
Be it further resolved that a copy of this resolution be forwarded to Mrs. Ruth W. Tidwell of Lexington County.
The Resolution was adopted.
The following was introduced:
H. 4796 (Word version) -- Reps. Cobb-Hunter, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, 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 EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE BEAVER CREEK INDIANS ON RECEIVING THE HIGHEST HONOR OF BEING GRANTED RECOGNITION AS A "TRIBE" BY THE BOARD OF THE SOUTH CAROLINA COMMISSION ON MINORITY AFFAIRS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4797 (Word version) -- Reps. Cobb-Hunter, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, 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 EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE SANTEE INDIAN ORGANIZATION ON RECEIVING THE HIGHEST HONOR OF BEING GRANTED RECOGNITION AS A "TRIBE" BY THE BOARD OF THE SOUTH CAROLINA COMMISSION ON MINORITY AFFAIRS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4798 (Word version) -- Reps. R. Brown and Allen: A JOINT RESOLUTION TO CREATE A PUBLIC HIGHWAYS STUDY COMMITTEE TO REVIEW THE STATE AND LOCAL HIGHWAY NEEDS AND RECOMMEND LEGISLATIVE CHANGES THAT WOULD ENSURE THAT ALL LOCAL, REGIONAL, AND STATE AGENCIES INVOLVED IN THE PLANNING, CONSTRUCTION, AND MAINTENANCE OF HIGHWAYS COORDINATE THEIR ACTIVITIES TO ENSURE THAT THEIR EFFORTS ARE NOT DUPLICATIVE.
Referred to Committee on Education and Public Works
H. 4800 (Word version) -- Reps. Bannister, Allen, Cato, Hamilton, Haskins, Leach, Loftis, Rice, F. N. Smith, G. R. Smith, Taylor, Tripp, Vaughn, Skelton, Duncan, Mitchell, Moody-Lawrence, Haley, E. H. Pitts, Martin, Huggins, Anderson, Anthony, Bailey, Ballentine, Battle, Cooper, Hardwick, Harrell, Harrison, Hiott, Limehouse, Mahaffey, Norman, Owens, Perry, Sandifer, Scarborough, Sinclair, W. D. Smith and Stewart: A BILL TO AMEND SECTIONS 12-6-3360, AS AMENDED, 12-6-3410, AS AMENDED, AND 12-6-3420, ALL OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING RESPECTIVELY TO THE TARGETED JOBS TAX CREDIT, THE INCOME TAX CREDIT FOR ESTABLISHING OR ADDING TO A CORPORATE HEADQUARTERS IN THIS STATE, AND THE TAX CREDIT ALLOWED A CORPORATION FOR CONSTRUCTION OR IMPROVEMENT OF AN INFRASTRUCTURE PROJECT, SO AS TO ALLOW THESE CREDITS TO BE CLAIMED AGAINST THE BANK TAX AND TO MAKE CONFORMING AMENDMENTS.
Referred to Committee on Ways and Means
H. 4801 (Word version) -- Rep. Delleney: A BILL TO AMEND SECTION 14-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MASTERS-IN-EQUITY FEES, SO AS TO REVISE THE MAXIMUM COMMISSION ON CERTAIN SALES OF LAND AND THE FEE FOR PREPARATION OF A DEED.
Referred to Committee on Judiciary
H. 4804 (Word version) -- Reps. McGee and Bowers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-1-180 SO AS TO ENACT THE "PROTECTION OF PETS AND COMPANION ANIMALS ACT OF 2006", TO DEFINE THE TERMS "COMPANION ANIMAL" AND "PET", TO CREATE THE OFFENSE OF STEALING A COMPANION ANIMAL OR PET WITH THE INTENT OR PURPOSE OF SELLING THE COMPANION ANIMAL OR PET FOR SCIENTIFIC RESEARCH, AND TO PROVIDE A PENALTY.
Referred to Committee on Judiciary
S. 798 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 41-1-85, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION OF USING TOBACCO PRODUCTS OUTSIDE OF THE WORKPLACE AS THE BASIS FOR TAKING A PERSONNEL ACTION AGAINST AN EMPLOYEE, SO AS TO AUTHORIZE AN EMPLOYER TO ADVERTISE FOR NONSMOKER EMPLOYEES AND DESIGNATE IN HIS ADVERTISEMENT THAT THE WORKPLACE IS A NONSMOKING ENVIRONMENT.
Referred to Committee on Labor, Commerce and Industry
S. 1050 (Word version) -- Senators Ritchie, Ford, Mescher, Knotts, Bryant and Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "FAMILY COURT REFORM ACT OF 2006", BY AMENDING SECTION 15-36-10, AS AMENDED, RELATING TO LIABILITY FOR ATTORNEY'S FEES AND COSTS OF FRIVOLOUS SUITS, SO AS TO CLARIFY THAT AN ACTION IN FAMILY COURT IS SUBJECT TO THE SOUTH CAROLINA FRIVOLOUS CIVIL PROCEEDINGS SANCTIONS ACT AND MANDATE SANCTIONS FOR MULTIPLE FINDINGS OF FRIVOLOUS SUITS; TO AMEND SECTION 20-3-130, RELATING TO THE AWARD OF ALIMONY AND OTHER ALLOWANCES IN DIVORCE CASES, SO AS TO ELIMINATE ADULTERY AS A PROHIBITION TO AN AWARD OF ALIMONY, TO CREATE A CATEGORY OF "LIMITED ALIMONY", TO CREATE A REBUTTABLE PRESUMPTION OF FINITE ALIMONY FOR SHORT-TERM MARRIAGES AND DEFINE SHORT-TERM MARRIAGES, TO MODIFY THE TIME PERIOD FOR MARITAL MISCONDUCT AS AN ALIMONY FACTOR TO THE DATE OF FILING AN ACTION FOR DIVORCE OR SEPARATE SUPPORT AND MAINTENANCE AND RELATING TO THE PAYMENT OF ALIMONY AND SEPARATE MAINTENANCE AND SUPPORT IN DIVORCE PROCEEDINGS, TO REQUIRE THAT ALL PAYMENTS MADE BY THE PAYOR MUST BE MADE THROUGH THE CLERK OF COURT UNLESS THE PAYOR SPOUSE DEMONSTRATES THAT HE WILL NOT DEFAULT ON THE OBLIGATION OR PROVIDE ADEQUATE SECURITY FOR THE PAYMENT OF THE SUPPORT, AND TO REQUIRE THAT IF THE PAYOR SPOUSE IS EVER TEN DAYS OR MORE LATE IN PAYING HIS OBLIGATION, THEN, UPON THE FILING OF AN AFFIDAVIT BY THE PAYEE SPOUSE, ALL FUTURE PAYMENTS, ALONG WITH A SERVICE FEE, MUST BE MADE THROUGH THE CLERK OF COURT; TO AMEND TITLE 20, RELATING TO THE CHILDREN'S CODE, BY ADDING CHAPTER 6 ENTITLED THE "SOUTH CAROLINA FAMILY COURT HEARING OFFICER ACT", SO AS TO ESTABLISH FAMILY COURT HEARING OFFICERS; TO AMEND CHAPTER 7 OF TITLE 20, RELATING TO THE PAYMENT OF CHILD SUPPORT, BY ADDING SECTION 20-7-93, SO AS TO REQUIRE THAT IN CHILD SUPPORT ORDERS, THE PAYMENT MUST BE MADE THROUGH THE CLERK OF COURT UNLESS THE PAYOR SPOUSE DEMONSTRATES THAT HE WILL NOT DEFAULT ON THE OBLIGATION OR PROVIDES ADEQUATE SECURITY FOR THE PAYMENT OF THE SUPPORT; TO AMEND SECTION 20-7-420, RELATING TO THE JURISDICTION OF FAMILY COURT IN DOMESTIC MATTERS, SO AS TO ADD A SUBSECTION CONCERNING FAMILY COURT JURISDICTION IN FRIVOLOUS MATTERS AND TO MANDATE THAT JUDGES SANCTION PARTIES WITH TWO OR MORE PRIOR DETERMINATIONS OF FILING A FRIVOLOUS CLAIM OR MOTION; TO AMEND SECTION 20-7-472, RELATING TO THE EQUITABLE APPORTIONMENT AND CRITERIA OF MARITAL PROPERTY, SO AS TO MODIFY THE TIME PERIOD FOR MARITAL MISCONDUCT AS AN EQUITABLE DISTRIBUTION FACTOR TO THE DATE OF FILING AN ACTION FOR DIVORCE OR SEPARATE SUPPORT AND MAINTENANCE; TO AMEND SECTION 20-7-570, RELATING TO A FALSE REPORT OF SUSPECTED CHILD ABUSE OR NEGLECT MADE MALICIOUSLY OR IN BAD FAITH, SO AS TO MANDATE THAT JUDGES SANCTION THE REPORTING PARTY UPON A SECOND OR SUBSEQUENT DETERMINATION OF MAKING A FALSE REPORT MALICIOUSLY OR IN BAD FAITH; AND TO AMEND TITLE 20, BY ADDING CHAPTER 8 ENTITLED THE "SOUTH CAROLINA FAMILY LAW MEDIATION ACT", SO AS TO MANDATE MEDIATION IN ALL DOMESTIC RELATIONS ACTIONS IN FAMILY COURT, TO PROVIDE FOR EXCEPTIONS WHERE MEDIATION IS NOT REQUIRED AND EXCEPTIONAL CIRCUMSTANCES WHERE MEDIATION MAY BE WAIVED, TO PROVIDE A TIMEFRAME WITHIN WHICH MEDIATION MUST BE ACCOMPLISHED, AND TO PROVIDE THAT NO FINAL HEARING IN A DOMESTIC RELATIONS ACTION SHALL BE SCHEDULED UNTIL MEDIATION IS COMPLETED IN THE MATTER, UNLESS IT IS EXEMPTED OR EXCEPTED FROM MEDIATION.
Referred to Committee on Judiciary
S. 1146 (Word version) -- Senators Campsen and Gregory: A BILL TO AMEND SECTION 50-21-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF NATURAL RESOURCES TO PLACE AIDS TO NAVIGATION AND REGULATORY MARKERS IN THE WATERS OF THIS STATE UNDER CERTAIN CONDITIONS, SO AS TO REVISE THE MANNER IN WHICH THE DEPARTMENT REGULATES THE UNIFORM MARKING OF THE WATERS OF THIS STATE AND THE OPERATION OF WATER DEVICES AND WATERCRAFT THROUGH THE USE OF REGULATORY MARKERS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
S. 1210 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, RELATING TO REPRESENTATION OF PARTIES AND INTERVENORS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2976, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Labor, Commerce and Industry
S. 1211 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, OFFICE OF LABOR SERVICES, RELATING TO CHILD LABOR, DESIGNATED AS REGULATION DOCUMENT NUMBER 2982, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Labor, Commerce and Industry
The following was introduced:
H. 4799 (Word version) -- Reps. Branham, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, 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 EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE CHALOKLOWA CHICKASAW INDIAN PEOPLE ON RECEIVING THE DISTINGUISHED HONOR OF BEING GRANTED RECOGNITION AS A "GROUP" BY THE BOARD OF THE SOUTH CAROLINA COMMISSION ON MINORITY AFFAIRS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4802 (Word version) -- Reps. J. R. Smith, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, 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, 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 HONOR AND RECOGNIZE THE SILVER BLUFF HIGH SCHOOL NAVY JUNIOR RESERVE OFFICER TRAINING CORPS FOR ITS OUTSTANDING WIN OF THE 2006 NJROTC STATE CHAMPIONSHIP AND FOR ITS IMPRESSIVE SECOND AND FIFTH PLACE WINS OF THE EAST COAST REGION AND NAVY NATIONALS, AND TO WISH THE TEAM MEMBERS AND THEIR INSTRUCTORS ALL THE BEST IN FUTURE COMPETITION.
The Resolution was adopted.
On motion of Rep. J. R. SMITH, with unanimous consent, the following was taken up for immediate consideration:
H. 4803 (Word version) -- Reps. J. R. Smith, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, 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, 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 EXTEND THE PRIVILEGE OF THE FLOOR TO THE TEAM MEMBERS, INSTRUCTORS, AND SCHOOL OFFICIALS OF THE SILVER BLUFF NAVY JUNIOR RESERVE OFFICER TRAINING CORPS AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER TO HONOR AND RECOGNIZE THEM FOR THEIR OUTSTANDING WIN OF THE 2006 NJROTC STATE CHAMPIONSHIP AND FOR THEIR IMPRESSIVE SECOND AND FIFTH PLACE WINS OF THE EAST COAST REGION AND NAVY NATIONALS, AND TO WISH THE TEAM AND ITS INSTRUCTORS ALL THE BEST IN FUTURE COMPETITION.
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 team members, instructors, and school officials of the Silver Bluff Navy Junior Reserve Officer Training Corps at a date and time to be determined by the Speaker to honor and recognize them for their outstanding win of the 2006 NJROTC State Championship and for their impressive second and fifth place wins of the East Coast Region and Navy Nationals, and to wish the team and its instructors all the best in future competition.
The Resolution was adopted.
The roll call of the House of Representatives was taken resulting as follows:
Allen Anderson Anthony Bailey Bales Ballentine Bannister Barfield Battle Bingham Brady Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chalk Clark Clemmons Clyburn Coates Cobb-Hunter Coleman Cooper Dantzler Davenport Delleney Duncan Edge Emory Frye Funderburk Hagood Haley Hardwick Harrell Harrison Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hiott Hodges Hosey Howard Huggins Jefferson Jennings Kennedy Kirsh Leach Limehouse Littlejohn Lucas Mack Mahaffey Martin McCraw McGee McLeod Merrill Miller Mitchell J. H. Neal J. M. Neal Norman Ott Owens Parks Perry Phillips E. H. Pitts M. A. Pitts Rhoad Rice Rivers Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. Smith G. M. Smith J. E. Smith J. R. Smith W. D. Smith Stewart Talley Taylor Thompson Toole Townsend Tripp Umphlett Vaughn Vick Walker Weeks White Witherspoon Young
I came in after the roll call and was present for the Session on Tuesday, March 14.
G.R.Smith Lewis E. Pinson Paul Agnew Glenn Hamilton Converse Chellis Denny Neilson Bessie Moody-Lawrence Dwight Loftis William Bowers Thad Viers Todd Rutherford Bill Cotty Jerry Govan Fletcher Smith William R. "Bill" Whitmire Jackson "Seth" Whipper
The SPEAKER granted Rep. HARVIN a leave of absence for the day due to follow up treatment at MUSC.
Rep. TRIPP signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Thursday, March 9.
Announcement was made that Dr. William H. Richardson of Columbia 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. 3907 (Word version)
Date: ADD:
03/14/06 DUNCAN
Bill Number: H. 4503 (Word version)
Date: ADD:
03/14/06 HINSON
Bill Number: H. 4503 (Word version)
Date: ADD:
03/14/06 DAVENPORT
Bill Number: H. 4502 (Word version)
Date: ADD:
03/14/06 DAVENPORT
Bill Number: H. 4502 (Word version)
Date: ADD:
03/14/06 HINSON
Bill Number: H. 4595 (Word version)
Date: ADD:
03/14/06 BINGHAM
Bill Number: H. 4794 (Word version)
Date: ADD:
03/14/06 AGNEW
Bill Number: H. 4794 (Word version)
Date: ADD:
03/14/06 J. R. SMITH
Bill Number: H. 4502 (Word version)
Date: ADD:
03/14/06 MAHAFFEY
Bill Number: H. 4681 (Word version)
Date: ADD:
03/14/06 G. R. SMITH
Bill Number: H. 4681 (Word version)
Date: ADD:
03/14/06 E. H. PITTS
Bill Number: H. 4681 (Word version)
Date: ADD:
03/14/06 BALLENTINE
Bill Number: H. 4681 (Word version)
Date: ADD:
03/14/06 HUGGINS
The following Joint Resolutions were taken up, read the second time, and ordered to a third reading:
H. 4783 (Word version) -- Rep. Hayes: A JOINT RESOLUTION TO PROVIDE FOR AN ADVISORY REFERENDUM TO BE HELD AT THE SAME TIME AS THE 2006 GENERAL ELECTION TO DETERMINE WHETHER OR NOT THE QUALIFIED ELECTORS OF DILLON COUNTY FAVOR HAVING THE THREE SCHOOL DISTRICTS OF THE COUNTY GOVERNED BY A SINGLE BOARD OF TRUSTEES, WITH UNLIMITED FISCAL AUTONOMY, COMPOSED OF NINE MEMBERS, SEVEN ELECTED IN NONPARTISAN ELECTIONS FROM THE SAME SINGLE MEMBER ELECTION DISTRICTS AS ARE MEMBERS OF COUNTY COUNCIL AND TWO ELECTED FROM THE COUNTY AT LARGE.
H. 4785 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO DENIAL, REVOCATION AND SUSPENSION OF CREDENTIALS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2984, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. TOWNSEND explained the Joint Resolution.
H. 4787 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ADDITIONAL AREAS OF CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2999, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. TOWNSEND explained the Joint Resolution.
The following Joint Resolution was taken up:
H. 4784 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF PUBLIC SAFETY, RELATING TO TRANSPORTATION OF UNMANUFACTURED FOREST PRODUCTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2972, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. TOWNSEND explained the Joint Resolution.
Rep. DUNCAN 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. 4786 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO DISPLAYING THE FLAG, DESIGNATED AS REGULATION DOCUMENT NUMBER 2996, 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:
H. 4471 (Word version) -- Reps. Clemmons, Barfield, Vick, Martin, Cotty, Witherspoon, Hardwick, Harrison, Altman, Bales, Edge, Hagood, Hayes, Jennings, Leach, Limehouse, Loftis, M. A. Pitts, Rice, Sinclair, J. E. Smith, Viers and White: A BILL TO AMEND SECTIONS 22-3-10 AND 22-3-30, BOTH AS AMENDED AND BOTH RELATING TO JURISDICTION OF THE MAGISTRATE'S COURT, BOTH SO AS TO PROVIDE THAT IN A COMMERCIAL LEASE RELATIONSHIP THE MAGISTRATE SHALL RETAIN JURISDICTION OVER AN EJECTMENT ACTION AND CORRESPONDING COMPULSORY COUNTERCLAIMS, REGARDLESS OF THE AMOUNT OF THE COUNTERCLAIM; TO AMEND SECTION 27-33-40, RELATING TO CONCURRENT JURISDICTION OF CIRCUIT COURT JUDGES AND MAGISTRATES, SO AS TO PROVIDE THAT IN A COMMERCIAL LEASE RELATIONSHIP THE MAGISTRATE SHALL SEVER AND TRANSFER TO CIRCUIT COURT CLAIMS OR PERMISSIVE COUNTERCLAIMS FILED IN MAGISTRATE'S COURT IN CONNECTION WITH AN EJECTMENT ACTION IF THOSE CLAIMS EXCEED THE JURISDICTIONAL AMOUNT, WHILE RETAINING JURISDICTION OVER THE EJECTMENT ACTION AND COMPULSORY COUNTERCLAIMS; AND TO AMEND SECTION 27-37-60, RELATING TO THE TRIAL OF A CONTESTED EJECTMENT ACTION RESULTING FROM A COMMERCIAL LEASE ARRANGEMENT, SO AS TO REQUIRE THAT THE ACTION BE HEARD, WITH PRIORITY, AT THE NEXT TERM OF COURT AND THAT THE TENANT TENDER RENT DUE AND ACCRUING AS OF AND DURING THE PENDENCY OF THE ACTION.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\3652MM06), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 22-3-10(12) of the 1976 Code, as added by Act 48 of 1997, is amended to read:
"(12) in all actions provided for in this section when a filed counterclaim involves a sum not to exceed seven thousand five hundred dollars, except that this limitation does not apply to counterclaims filed in matters between landlord and tenant and the possession of land;. As to an ejectment action pursuant to Section 27-37-10 arising out of a commercial lease relationship:
(a) the magistrate has unlimited jurisdiction over a commercial ejectment action; and
(b) the magistrate shall sever and transfer all claims, compulsory counterclaims, or permissive counterclaims the commercial tenant files which exceed the jurisdictional limit as provided in Section 22-3-30; except that the magistrate shall retain jurisdiction of the commercial ejectment action;"
SECTION 2. Section 22-3-30 of the 1976 Code, as last amended by Act 48 of 1997, is further amended to read:
"Section 22-3-30. (A) When a counterclaim is filed which if successful would exceed the magistrates' civil jurisdictional amount as provided in Section 22-3-10, then the initial claim and counterclaim must be transferred to the docket of the common pleas court for that judicial circuit.
(B) Notwithstanding subsection (A), a counterclaim in an ejectment action filed pursuant to Section 27-37-10 and arising out of a commercial lease agreement must be treated as provided in Section 22-3-10(12)."
SECTION 3. Section 27-33-40 of the 1976 Code is amended to read:
"Section 27-33-40. (A) The judges of the circuit courts and county courts in this State shall have concurrent jurisdiction with and may exercise all of the duties and powers conferred upon magistrates by any the provisions of Chapters 33 through 41 of this Title 27.
(B) Notwithstanding subsection (A), an ejectment action arising out of a commercial lease agreement which is filed in magistrate's court must not be transferred to the circuit court, regardless of the amount of the claim. The magistrate shall sever other claims, compulsory counterclaims, or permissive counterclaims filed by the tenant in a commercial ejectment action and transfer them to the circuit court, while maintaining jurisdiction over the original commercial ejectment action as provided in Section 22-3-10(12)."
SECTION 4. Section 27-37-60 of the 1976 Code is amended to read:
"Section 27-37-60. (A) If the a residential tenant appear appears and contest contests ejectment, the magistrate shall forthwith hear and determine the case as any other civil case, allowing trial by jury if demanded by either party.
(B) If a commercial tenant appears and contests ejectment, the magistrate shall hear and determine the case as any other civil case. Upon motion of either party or upon his own motion, the magistrate may order that the case be heard at the next term of court following the tenant's appearance. The court may order the tenant to tender payment for all rent due and accruing as of and during the pendency of the action. The order may require the payments to be made directly to the commercial landlord or through the magistrate's office. If payments are to be made through the magistrate's office, a fee of three percent of the rental payment must be added to the amount paid through the office. Upon failure of the tenant to tender rent due within five days of the magistrate's order or as it accrues during pendency of the action, the tenant is considered to have waived his right to a jury trial and the action must be placed on the nonjury docket for consideration like any other civil case."
SECTION 5. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. SINCLAIR explained the amendment.
The amendment was then adopted.
Rep. CLEMMONS proposed the following Amendment No. 2 (Doc Name COUNCIL\AGM\18227MM06), which was adopted:
Amend the bill, as and if amended, Section 27-37-60(B) as contained in SECTION 4, by deleting subsection (B) in its entirety and inserting:
/ (B) If a commercial tenant appears and contests ejectment, the magistrate shall hear and determine the case as any other civil case. Upon motion of either party or upon his own motion, the magistrate may order that the case be heard at the next term of court following the tenant's appearance. The court may order the tenant to tender payment for all rent due and accruing as of and during the pendency of the action. The order may require the payments to be made either directly to the commercial landlord or to the clerk of court, to be held until final disposition of the case, or through the magistrate's office. If payments are to be made through the magistrate's office, a fee of three percent of the rental payment must be added to the amount paid through the office. Upon failure of the tenant to tender rent due within five days of the magistrate's order or as it accrues during pendency of the action, the tenant is considered to have waived his right to a jury trial and the action must be placed on the nonjury docket for consideration like any other civil case." /
Renumber sections to conform.
Amend title to conform.
Rep. CLEMMONS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Concurrent Resolution was taken up:
H. 4789 (Word version) -- Reps. Funderburk, Coleman, Delleney, Cotty and Lucas: A CONCURRENT RESOLUTION URGING THE DUKE POWER COMPANY TO DEVELOP AND OPERATE ADEQUATE FLOOD CONTROL MANAGEMENT ON LAKE WATEREE FOR THE HEALTH, SAFETY, AND RECREATIONAL ENJOYMENT OF ALL SOUTH CAROLINIANS AS WELL AS FOR THE PROTECTION OF THIS SCENIC NATURAL RESOURCE AND THE BENEFITS IT PROVIDES.
Whereas, Lake Wateree a scenic and recreational gem in the Midlands and one of South Carolina's premier fishing and boating destinations, is surrounded by Fairfield, Kershaw, and Lancaster Counties and has over 216 miles of shoreline and a 13,700 acre reservoir; it includes a state park, bird refuge, and Shaw Air Force Base Recreation Center; and
Whereas, Lake Wateree was created in 1920 when the Wateree River was dammed. The Duke Power Company owns and manages Lake Wateree and operates dams on Lake Wateree under the authority granted by the Federal Emergency Regulatory Commission. Annually approximately 840 mega watts of electricity are produced from these hydroelectric plants on Lake Wateree; and
Whereas, flooding on Lake Wateree is a recurring problem that not only results in public health and water quality concerns but also creates risks to human life, damage to property, and clean up costs and greatly impairs access to and the ability of lake residents, as well as all South Carolinians, to utilize and enjoy this outstanding recreational resource; and
Whereas, commensurate with the benefits Duke Power receives as generator of hydroelectric power on Lake Wateree are the duties and responsibilities of being a good steward of this natural resource and a protector of the people entitled to the use and enjoyment of this recreational treasure; and
Whereas, the operation and management of proper flood control on Lake Wateree are vital to the residents and economy of Fairfield, Kershaw, and Lancaster Counties, as well as to the State at large, and it is incumbent that this flooding issue be expeditiously addressed. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the South Carolina General Assembly, by this resolution urges Duke Power Company to develop and operate adequate flood control management on Lake Wateree for the health, safety, and the recreational enjoyment of all South Carolinians as well as for the protection of this scenic resource and the benefits it provides.
Be it further resolved that a copy of this resolution be provided to Duke Power Company, the Department of Health and Environmental Control, the Department of Natural Resources, the Department of Parks, Recreation and Tourism, and the Federal Energy Regulatory Commission.
The Concurrent Resolution was adopted and sent to the Senate.
The motion period was dispensed with on motion of Rep. FUNDERBURK.
Rep. HARRISON moved to adjourn debate upon the following Joint Resolution until Wednesday, March 15, which was adopted:
H. 4502 (Word version) -- Reps. Edge, Harrison, Harrell, Merrill, Young, Bingham, Bailey, Loftis, Perry, Haskins, Witherspoon, Cato, Vaughn, Altman, Sandifer, G. R. Smith, Walker, Jefferson, Ott, Mack, Vick, Clemmons, Bales, Clark, Simrill, Viers, Duncan, M. A. Pitts, Rice, Mahaffey, Hinson and Davenport: 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. HARRISON moved to adjourn debate upon the following Bill until Wednesday, March 15, which was adopted:
H. 4503 (Word version) -- Reps. Edge, Harrison, Harrell, Merrill, Bingham, Young, Loftis, Perry, Haskins, Witherspoon, Bailey, Cato, Vaughn, Altman, Sandifer, G. R. Smith, Walker, Jefferson, Mack, Vick, Hardwick, Clemmons, Bales, Neilson, Mahaffey, Clark, Simrill, Viers, Duncan, Thompson, G. M. Smith, Lucas, M. A. Pitts, Rice, Hinson and Davenport: 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. OWENS moved to adjourn debate upon the following Bill until Tuesday, March 21, which was adopted:
H. 4350 (Word version) -- Reps. G. R. Smith, Hamilton, Vaughn, Leach and Bannister: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-222 SO AS TO ALLOW CERTAIN PERSONS WHO WEAR BIOPTIC TELESCOPIC LENSES TO OBTAIN A DRIVER'S LICENSE.
The following Bill was taken up:
H. 4595 (Word version) -- Reps. Cato, Walker, Jennings, Battle, Cobb-Hunter, Sandifer, Haley, Kennedy, Bales, Ballentine, Branham, Emory, Hayes, J. Hines, Littlejohn, Mahaffey, Miller, Neilson, Rivers, Sinclair, Umphlett, Vick and Bingham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-59-35 SO AS TO PROHIBIT A PERSON FROM ENGAGING IN THE BUSINESS OF RESIDENTIAL HEATING AND AIR CONDITIONING CONTRACTING UNLESS LICENSED AS A RESIDENTIAL SPECIALTY CONTRACTOR; TO PROHIBIT PROVIDING A POTENTIAL BUYER A PROPOSAL FOR SALE OR INSTALLATION OF RESIDENTIAL HEATING AND AIR CONDITIONING, OTHER THAN A WRITTEN ESTIMATE, BEFORE THE SPECIFICATIONS FOR THE SYSTEM HAVE BEEN REVIEWED AND APPROVED BY A LICENSED EMPLOYEE OF THE RETAIL SELLER, OR THE RETAIL SELLER; TO FURTHER SPECIFY CONTRACT REQUIREMENTS FOR THE SALE AND INSTALLATION OF A HEATING AND AIR CONDITIONING SYSTEM; AND TO AUTHORIZE THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO PROMULGATE REGULATIONS ESTABLISHING A CIVIL PENALTY FOR VIOLATIONS.
Rep. BALES proposed the following Amendment No. 2 (Doc Name COUNCIL\NBD\12283AC06):
Amend the bill, as and if amended, by deleting Section 40-59-35(I) on page 3 of the bill.
Renumber sections to conform.
Amend title to conform.
Rep. BALES explained the amendment.
Rep. BALES moved to adjourn debate on the Bill until Wednesday, March 15, which was agreed to.
Rep. HARRISON 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:
S. 1179 (Word version) -- Senators Grooms, Campsen, Cleary, Richardson and Alexander: A CONCURRENT RESOLUTION TO URGE THE SOUTH CAROLINA CONGRESSIONAL DELEGATION TO OPPOSE THE SALE OF LAND IN THE FRANCIS MARION AND SUMTER NATIONAL FORESTS.
Ordered for consideration tomorrow.
The following was introduced:
H. 4805 (Word version) -- Reps. Hinson, Dantzler, Jefferson, Merrill and Umphlett: A HOUSE RESOLUTION TO CONGRATULATE THE STRATFORD HIGH SCHOOL BASEBALL TEAM OF BERKELEY COUNTY ON ITS MOST IMPRESSIVE AAAA BASEBALL STATE CHAMPIONSHIP AND TO HONOR THE PLAYERS AND THEIR HEAD COACH, JOHN CHALUS, ON AN INCREDIBLE SEASON.
The Resolution was adopted.
The following was introduced:
H. 4806 (Word version) -- Reps. Bales, Ballentine, Brady, J. Brown, Cotty, Harrison, Howard, J. H. Neal, Rutherford, Scott and J. E. Smith: A HOUSE RESOLUTION TO CONGRATULATE THE LOWER RICHLAND HIGH SCHOOL GIRLS BASKETBALL TEAM OF RICHLAND COUNTY ON ITS MOST IMPRESSIVE STATE AAAA BASKETBALL CHAMPIONSHIP TITLE, AND TO HONOR ITS PLAYERS AND COACH DEBBIE STROMAN ON ANOTHER EXTRAORDINARY SEASON.
The Resolution was adopted.
The following was introduced:
H. 4807 (Word version) -- Reps. Ballentine, Leach, Hamilton, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, 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, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, 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 HONOR AND COMMEND MITSY BALLENTINE, THE BELOVED MOTHER OF OUR ESTEEMED COLLEAGUE, REPRESENTATIVE NATHAN BALLENTINE, FOR HER OUTSTANDING SERVICE FOR OVER THIRTY YEARS TO GREENVILLE TECHNICAL COLLEGE UPON HER RETIREMENT AND TO WISH HER THE BEST OF HEALTH AND MUCH HAPPINESS IN HER RETIREMENT AS SHE ENJOYS MORE TIME WITH HER ADORED GRANDCHILDREN SARAH, J. C., AND EMMA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bill was introduced, read the first time, and referred to appropriate committee:
H. 4808 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 44-4-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE "EMERGENCY HEALTH POWERS ACT", SO AS TO REVISE THE DEFINITIONS OF "QUALIFYING HEALTH CONDITION" AND "TRIAL COURT"; TO AMEND SECTION 44-4-530, RELATING TO ISOLATION AND QUARANTINE OF INDIVIDUALS AND PENALTIES FOR NONCOMPLIANCE, SO AS TO ESTABLISH PENALTIES OF A MAXIMUM FINE OF ONE THOUSAND DOLLARS OR THIRTY DAYS IN PRISON, OR BOTH, FOR NONCOMPLIANCE, TO PROVIDE THAT AN EMPLOYER MAY NOT FIRE OR DISCRIMINATE AGAINST AN EMPLOYEE SUBJECT TO ISOLATION OR QUARANTINE ORDERS, AND TO PROVIDE THAT AN EMPLOYER MAY REQUIRE AN EMPLOYEE SUBJECT TO ISOLATION OR QUARANTINE TO USE ANNUAL OR SICK LEAVE TO COMPLY WITH SUCH AN ORDER; TO AMEND SECTION 44-4-540, RELATING TO ISOLATION AND QUARANTINE PROCEDURES, SO AS TO PROVIDE THAT BEFORE THE DECLARATION OF A PUBLIC HEALTH EMERGENCY ISOLATION AND QUARANTINE ORDERS ISSUED MUST BE UNDERTAKEN IN ACCORDANCE WITH THE EMERGENCY HEALTH POWERS ACT; TO AMEND SECTION 44-4-570, RELATING TO APPOINTMENT AND USE OF IN-STATE AND OUT-OF-STATE HEALTH PERSONNEL IN A STATE OF PUBLIC HEALTH EMERGENCY, SO AS TO PROVIDE THAT LAW PERTAINING TO GOVERNMENT VOLUNTEERS AND COVERAGE UNDER THE SOUTH CAROLINA TORT CLAIMS ACT APPLIES TO SUCH PUBLIC HEALTH EMERGENCY VOLUNTEERS, TO PROVIDE EXCEPTIONS, AND TO FURTHER PROVIDE FOR IMMUNITY FROM CIVIL LIABILITY FOR THESE VOLUNTEERS AND TO PROVIDE EXCEPTIONS.
Referred to Committee on Judiciary
On motion of Rep. COOPER, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means and was referred to the Committee on Judiciary:
H. 3804 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-2-136 SO AS TO REQUIRE A CURRENTLY LICENSED BEER AND WINE WHOLESALER OR AN ALCOHOLIC LIQUOR WHOLESALER TO NOTIFY THE DEPARTMENT OF REVENUE IN WRITING WHEN RELOCATING THE BUSINESS TO A NEW LOCATION, TO PRESCRIBE THE DETAILS THAT MUST BE INCLUDED IN THE WRITTEN NOTICE, AND TO DIRECT THE DEPARTMENT OF REVENUE TO TRANSFER THE PERMIT TO THE NEW PREMISES; TO AMEND SECTION 61-2-100, AS AMENDED, RELATING TO LICENSEES AND PERMITTEES UNDER TITLE 61, BY REQUIRING THAT A WHOLESALE LICENSEE OR PERMITTEE BE A LEGAL RESIDENT OF THE UNITED STATES AND LIVING IN THIS STATE FOR THIRTY DAYS AND BY, FURTHER, ALLOWING DENIAL OR REVOCATION OF A LICENSE OR PERMIT RESULTING FROM A MISSTATEMENT OR CONCEALMENT; TO AMEND SECTION 61-2-160, RELATING TO THE PROHIBITION ON ISSUING, RENEWING, OR TRANSFERRING AN ALCOHOL LICENSE OR PERMIT UNTIL IT IS DETERMINED THAT THE APPLICANT DOES NOT OWE THE STATE OR FEDERAL GOVERNMENT DELINQUENT TAXES, SO AS TO DELETE THE REFERENCE TO TAXES OWED TO THE FEDERAL GOVERNMENT SO THAT THE PROHIBITION APPLIES ONLY TO THOSE WHO OWE DELINQUENT STATE TAXES; TO AMEND SECTION 61-4-10, RELATING TO DEFINITION OF NONALCOHOLIC BEVERAGES, SO AS TO RAISE THE MAXIMUM PERCENTAGE FROM FIVE TO FOURTEEN PERCENT; TO AMEND SECTION 61-4-520, RELATING TO CONDITIONS FOR APPLICATIONS, SO AS TO RELATE IT TO RETAIL PERMITS ONLY; TO AMEND SECTION 61-4-525, RELATING TO PROTEST OF DENIAL OF PERMIT, SO AS TO REFER TO A RETAIL BEER AND WINE PERMIT; TO AMEND SECTION 61-6-4310, RELATING TO SALE OF SEIZED ALCOHOLIC LIQUORS, SO AS TO PROVIDE FOR SALE SEIZED ITEMS BY THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION; TO AMEND SECTION 61-6-1540, RELATING TO NONALCOHOLIC MERCHANDISE, SO AS TO PROVIDE THAT WINE WITH A PERCENTAGE OF ALCOHOL IN EXCESS OF SIXTEEN PERCENT MAY BE SOLD ONLY IN A LICENSED LIQUOR STORE OR A SITE PERMITTED FOR ON-PREMISES CONSUMPTION OF ALCOHOLIC LIQUOR; TO AMEND SECTIONS 12-60-510 AND 12-60-1330, BOTH AS AMENDED, AND BOTH RELATING TO CONTESTED CASE HEARINGS AFTER EXHAUSTION OF ADMINISTRATIVE REMEDIES, BOTH SO AS TO PROVIDE FOR A DEFAULT IF THE PROTEST IS NOT TIMELY FILED WITH THE DEPARTMENT; AND TO REPEAL SECTION 61-6-1520, RELATING TO PRICE DISPLAYS OF ALCOHOLIC BEVERAGES.
Rep. JENNINGS moved that upon the completion of the Ratification of Acts, the House stand adjourned, which was agreed to.
At 12:45 p.m. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified:
(R237, S. 353 (Word version)) -- Senator McConnell: AN ACT 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 VARIOUS PORTS, PROVIDE FOR COMMISSIONERS OF PILOTAGE FOR THE UPPER COASTAL AREA AND FOR THE LOWER COASTAL AREA, AND TO FURTHER PROVIDE FOR THE MANNER IN WHICH COMMISSIONERS ARE SELECTED AND OPERATE AND PILOTS AND APPRENTICES ARE LICENSED, TRAINED, AND REGULATED.
(R238, S. 490 (Word version)) -- Senator Land: AN ACT 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 THE LIEN FOR MUNICIPAL TAXES IN A MUNICIPALITY WHICH SEPARATELY COLLECTS PROPERTY TAX A FIRST LIEN ON THE PROPERTY CONTINUING UNTIL THE DEBT IS DISCHARGED IN FULL; 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 OVERAGE MUST BE APPLIED TO ANY OUTSTANDING MUNICIPAL TAX LIENS ON THE PROPERTY; TO AMEND SECTION 12-51-90, AS AMENDED, RELATING TO REDEMPTION OF REAL PROPERTY FOLLOWING ITS SALE FOR DELINQUENT TAXES, SO AS TO PROVIDE THAT THE TAX DEED IS INCONTESTABLE TWELVE MONTHS AFTER ISSUE; TO AMEND SECTION 12-51-160, RELATING TO TAX DEEDS, SO AS TO CONFORM THE TIME AFTER WHICH THE DEED IS INCONTESTABLE TO THE TIME PROVIDED IN THE AMENDMENT TO SECTION 12-51-90 CONTAINED IN THIS ACT; AND BY ADDING ARTICLE 9 TO CHAPTER 49 OF TITLE 12 SO AS TO PROVIDE THE RIGHTS OF REAL PROPERTY MORTGAGES IN THE ENFORCED COLLECTION OF PROPERTY TAXES ON THE MORTGAGED REAL PROPERTY.
(R239, S. 961 (Word version)) -- Senators McConnell, Ford, Knotts and Mescher: AN ACT TO AMEND SECTION 5-1-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREREQUISITES TO ISSUANCE OF A CORPORATE CERTIFICATE TO A PROPOSED MUNICIPALITY, SO AS TO REQUIRE THAT THE AREA SEEKING TO BE INCORPORATED FILE A PROPOSAL FOR PROVIDING EITHER DIRECTLY OR INDIRECTLY A SUBSTANTIALLY SIMILAR LEVEL OF LAW ENFORCEMENT SERVICES TO THE AREA'S EXISTING LAW ENFORCEMENT COVERAGE PRIOR TO SEEKING INCORPORATION.
(R240, 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 AND TO APPROPRIATE FROM THE SAME SOURCE $13,094,604 TO THE STATE DEPARTMENT OF EDUCATION FOR PARTS AND FUEL FOR THE SCHOOL BUS FLEET.
(R241, 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.
(R242, S. 1098 (Word version)) -- Senator McGill: AN ACT TO AMEND SECTION 7-7-520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN WILLIAMSBURG COUNTY, SO AS TO ADD AND DELETE A VOTING PRECINCT IN WILLIAMSBURG COUNTY, AND TO REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THE AFFECTED PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
(R243, S. 1136 (Word version)) -- Senators Knotts, Cromer, Setzler and Courson: AN ACT TO AMEND ACT 378 OF 2004, THE LEXINGTON COUNTY SCHOOL DISTRICT PROPERTY RELIEF ACT, SO AS TO PROVIDE THAT THE REVENUES ALLOTTED TO A SCHOOL DISTRICT BE USED TO PROVIDE A NONREFUNDABLE CREDIT AGAINST THE SCHOOL PROPERTY TAX LIABILITY ON PROPERTY TAXABLE IN THE DISTRICT AND THAT THE LIABILITY BE DETERMINED BY USING THE APPRAISED VALUE OF THE TAXABLE PROPERTY BEFORE THE HOMESTEAD EXEMPTION IN SECTION 12-37-250.
(R244, H. 3554 (Word version)) -- Rep. Huggins: AN ACT TO AMEND SECTION 56-9-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFYING AS A SELF-INSURER FOR MOTOR VEHICLES, SO AS TO PROVIDE THAT AN IRREVOCABLE LETTER OF CREDIT ISSUED BY A BANK CHARTERED IN THIS STATE OR A MEMBER BANK OF THE FEDERAL RESERVE SYSTEM MAY BE SUBMITTED TO THE DEPARTMENT OF MOTOR VEHICLES IN LIEU OF THE CASH DEPOSIT REQUIRED TO BE SUBMITTED TO DETERMINE FINANCIAL RESPONSIBILITY OF A POTENTIAL SELF-INSURER, AND TO PROVIDE THAT A PERSON OR COMPANY THAT QUALIFIES AS A SELF-INSURER MAY ISSUE CERTIFICATES OF INSURANCE FOR ALL PURPOSES ONLY ON THE VEHICLES REGISTERED IN THE APPLICANT'S NAME; AND TO AMEND SECTION 58-23-1240, RELATING TO THE PUBLIC TAXI PLATE WHICH MUST BE AFFIXED TO A TAXI, SO AS TO PROVIDE THAT THE PLATE MUST BE AFFIXED ONLY TO THE REAR OF A TAXI, TO PROVIDE THAT A STICKER MAY BE AFFIXED TO THE TAXI IN LIEU OF A METAL PLATE, TO PROVIDE THAT THE CITY WHERE THE TAXI PRINCIPALLY OPERATES MUST APPROVE THE DIMENSIONS OF THE STICKER OR PLATE INSTEAD OF THE GOVERNING BODY OF THE COUNTY, TO REMOVE THE TERM "PUBLIC" AND THE TAXI LICENSE NUMBER FROM THE CONTENTS OF THE STICKER OR PLATE, TO DELETE THE REQUIREMENT THAT THE COLOR OF THE PLATE MUST BE CHANGED ANNUALLY, AND TO PROVIDE THAT THE OWNER OF A TAXI THAT QUALIFIES AS A SELF-INSURER MUST ISSUE TO EACH OPERATOR OF THE TAXI A CERTIFICATE OF INSURANCE WHICH MUST BE MAINTAINED IN THE TAXI WHILE IT IS IN OPERATION.
(R245, H. 3580 (Word version)) -- Reps. Scott, Hosey, Vick, Clyburn, J. Hines, Govan, McCraw, Clark, Anthony, Bales, Branham, Breeland, J. Brown, R. Brown, Ceips, Chalk, Cooper, Davenport, Edge, Emory, Frye, Hamilton, Hardwick, Harrison, Herbkersman, M. Hines, Jefferson, Littlejohn, Mack, Martin, Moody-Lawrence, Ott, Owens, Parks, Phillips, Rhoad, Rice, Simrill, D.C. Smith, G.R. Smith, J.E. Smith, Taylor, Townsend, Umphlett, Witherspoon, Talley and McLeod: AN ACT TO AMEND SECTION 12-6-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS ALLOWED FROM SOUTH CAROLINA TAXABLE INCOME OF AN INDIVIDUAL FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO ALLOW A MAXIMUM THREE THOUSAND DOLLARS A YEAR DEDUCTION FOR MEMBERS OF THE STATE GUARD AND TO PROVIDE THE ELIGIBILITY REQUIREMENTS FOR THIS DEDUCTION.
(R246, H. 3993 (Word version)) -- Rep. Edge: AN ACT 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.
(R247, H. 4015 (Word version)) -- Rep. White: AN ACT TO AMEND SECTIONS 40-47-910, 40-47-935, 40-47-940, 40-47-945, 40-47-950, 40-47-955, 40-47-965, 40-47-970, 40-47-980, 40-47-1000, 40-47-1010, AND 40-47-1015, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE SOUTH CAROLINA PHYSICIAN ASSISTANTS PRACTICE ACT, SO AS TO INCLUDE THE DEFINITION OF ALTERNATE SUPERVISING PHYSICIAN AND SUPERVISING PHYSICIAN; TO PROVIDE THAT ONLY PHYSICIANS ASSISTANTS HOLDING A PERMANENT LICENSE MAY PRESCRIBE DRUG THERAPY; TO UPDATE AND CLARIFY THE PROCEDURE FOR ISSUANCE OF AUTHORIZATION TO PRACTICE; TO CLARIFY THE PERMANENT LICENSURE FOR PHYSICIAN ASSISTANTS; TO CLARIFY THE LIMITED LICENSURE FOR PHYSICIAN ASSISTANTS; TO CLARIFY SUPERVISION RESPONSIBILITIES WHEN A PHYSICIAN ASSISTANT AND A PHYSICIAN PRACTICE AT THE SAME LOCATION AND PROVIDE EXCEPTIONS; 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 FOR THE CONDUCT OF INVESTIGATIONS AND DISCIPLINARY PROCEEDINGS; TO PROVIDE THAT A LICENSE MAY BE RENEWED BIENNIALLY; 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.
(R248, H. 4190 (Word version)) -- Rep. Leach: AN ACT TO AMEND SECTION 7-7-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN GREENVILLE COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS OF GREENVILLE COUNTY, TO REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD, AND TO CORRECT ARCHAIC LANGUAGE.
(R249, H. 4294 (Word version)) -- Reps. Rhoad, Bailey and Moody-Lawrence: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO TRANSFER OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY IN BAMBERG, SOUTH CAROLINA, TO THE CITY OF BAMBERG AND OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY IN LAKE CITY, SOUTH CAROLINA, TO THE CITY OF LAKE CITY.
(R250, H. 4296 (Word version)) -- Reps. Altman, Mahaffey, Toole and Perry: AN ACT 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, PROVIDE THAT IT IS UNLAWFUL TO TAKE OR POSSESS DIAMOND-BACKED TERRAPIN FOR A COMMERCIAL PURPOSE, PROVIDE THAT A PERSON MAY POSSESS NO MORE THAN TWO DIAMOND-BACKED TERRAPIN FOR A NONCOMMERCIAL PURPOSE, AND TO REVISE PENALTIES FOR VIOLATIONS.
(R251, H. 4513 (Word version)) -- Reps. Cobb-Hunter, Ceips, Hinson, Leach and M.A. Pitts: AN ACT 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 NO LATER THAN JUNE 1, 2006.
(R252, H. 4526 (Word version)) -- Reps. J.R. Smith, Clyburn, Perry, D.C. Smith, Stewart and Clark: AN ACT 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.
(R253, H. 4594 (Word version)) -- Reps. Vick, Witherspoon, Clemmons and Hardwick: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-5595 SO AS TO PROVIDE THAT FOR PURPOSES OF THE NONRECOGNITION OF GAIN UNDER SECTION 1031 OF THE INTERNAL REVENUE CODE AND COMPARABLE PROVISIONS OF STATE LAW, THE CONVEYANCE BY TIMBER DEED OF THE RIGHT TO CUT STANDING TIMBER FOR A PERIOD OF TIME EXCEEDING THIRTY YEARS IS CONSIDERED A CONVEYANCE OF A REAL PROPERTY INTEREST AND AS SUCH UNDER THE LAWS OF THIS STATE IS A LIKE-KIND EXCHANGE WITH OTHER SIMILAR CONVEYANCES OF A REAL PROPERTY INTEREST OR WITH CONVEYANCES OF SIMILAR INVESTMENT REAL PROPERTY OWNED IN FEE SIMPLE.
(R254, H. 4666 (Word version)) -- Rep. Branham: AN ACT 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; TO PROVIDE THAT THE TERMS OF THE MEMBERS MUST BE FOUR YEARS; TO PROVIDE FOR THE EXPIRATION OF TERMS OF MEMBERS CURRENTLY SERVING; TO PROVIDE FOR FILING DATES; AND TO PROVIDE THAT STATEMENTS OF CANDIDACY CURRENTLY ON FILE WITH THE COUNTY ELECTION COMMISSION FOR THE MAY 2006 ELECTION MUST BE VACATED AND A NEW FILING DATE SET FOR THE NOVEMBER 2006 ELECTION.
(R255, H. 4738 (Word version)) -- Rep. Coleman: AN ACT TO AMEND ACT 1079 OF 1958, RELATING TO THE HISTORICAL COMMISSION FOR FAIRFIELD COUNTY, SO AS TO INCREASE THE SIZE OF THE COMMISSION FROM FIVE MEMBERS TO SEVEN MEMBERS AND TO REVISE THE METHOD OF THEIR APPOINTMENT.
The Senate returned to the House with concurrence the following:
H. 4685 (Word version) -- Reps. Jefferson, Hinson, Limehouse, Merrill and Umphlett: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE IN BERKELEY COUNTY THAT FORMS THE BOUNDARY BETWEEN LAKE MARION AND LAKE MOULTRIE ALONG SOUTH CAROLINA HIGHWAY 45 THE "AMOS NATHANIEL ROGERS BRIDGE", AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "AMOS NATHANIEL ROGERS BRIDGE".
H. 4793 (Word version) -- Reps. Kirsh, Delleney, Emory, McCraw, Moody-Lawrence, Norman and Simrill: A CONCURRENT RESOLUTION RECOGNIZING YORK COUNTY FOR ITS MANY ACCOMPLISHMENTS AND DECLARING MARCH 28, 2006, "YORK COUNTY DAY" IN SOUTH CAROLINA.
At 1:00 p.m. the House, in accordance with the motion of Rep. FUNDERBURK, adjourned in memory of Lawrence Graham, Sr., of Camden, to meet at 10:00 a.m. tomorrow.
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