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 Proverbs 16:16: "How much better to get wisdom than gold, to choose understanding rather than silver."
Let us pray. Lord God, You have called Your servants in this House to ventures of which we cannot see the ending, by paths as yet untrodden, through perils unknown. Give each one faith to go on with good courage, knowing Your hand is leading and Your love is supporting us. Grant each Your grace to persevere in this great task. Bless our Nation, President, State, Governor, Speaker and all leaders. Protect our defenders of freedom as they protect us. In Your name we pray. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.
Rep. E. H. PITTS moved that when the House adjourns, it adjourn in memory of Mrs. Vance Myers of Lexington, which was agreed to.
The following was received:
Columbia, S.C., April 12, 2006
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1264:
S. 1264 (Word version) -- Senator Leventis: A BILL TO AMEND ACT 470 OF 1971, AS AMENDED, RELATING TO THE VOCATIONAL EDUCATION SCHOOL FOR SUMTER COUNTY AND THE BOARD OF TRUSTEES OF THE CAREER CENTER BOARD, SO AS TO PROVIDE THAT EFFECTIVE JULY 1, 2006, THE BOARD OF TRUSTEES OF THE CAREER CENTER SHALL BECOME AN ADVISORY BOARD TO THE BOARDS OF TRUSTEES OF SUMTER SCHOOL DISTRICTS 2 AND 17 AND THE DUTIES, POWERS, AND FUNCTIONS OF THE BOARD OF TRUSTEES OF THE CAREER CENTER ARE DEVOLVED JOINTLY UPON THE BOARD OF TRUSTEES OF SUMTER SCHOOL DISTRICTS 2 AND 17 ON JULY 1, 2006, AND TO PROVIDE THAT BEGINNING JULY 1, 2006, THE SUPERINTENDENTS OF SUMTER SCHOOL DISTRICTS 2 AND 17 SHALL TOGETHER EMPLOY A DIRECTOR OF THE CENTER WHO SHALL SERVE AS SUPERVISOR AND FISCAL AGENT OF THE SCHOOL UNDER THE DIRECTION OF THE SUPERINTENDENTS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., April 12, 2006
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators O'Dell, Hutto and Verdin of the Committee of Conference on the part of the Senate on H. 3841:
H. 3841 (Word version) -- Reps. Talley, Bowers, Cotty, Clark, Chellis, Martin, Skelton, Davenport, McGee, Altman, Bailey, Brady, Harrison, J. Hines, Leach, Miller, Moody-Lawrence, Phillips, Rice, Scarborough, Scott, W. D. Smith, Young, Jennings, Coleman, Hagood, Pinson and Loftis: A BILL TO AMEND TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL GOVERNMENTS, BY ADDING CHAPTER 34 SO AS TO ENACT THE "SOUTH CAROLINA RETAIL FACILITIES REVITALIZATION ACT" INCLUDING PROVISIONS TO PROVIDE PROPERTY TAX CREDITS OR INCOME TAX CREDITS FOR REHABILITATION EXPENSES MADE TO ELIGIBLE SITES WHICH HAVE BEEN USED AS RETAIL SALES OR SERVICE FACILITIES.
Very respectfully,
President
Received as information.
On motion of Rep. HAMILTON, with unanimous consent, the following were taken up for immediate consideration and accepted:
January 20, 2006
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the State Farm Insurance Companies of South Carolina, the Members and staff of the South Carolina House of Representatives are invited to a "State Farm Day at the Capitol" luncheon. This event will be held on Tuesday, May 2, 2006, from 12:30 p.m. until 2:00 p.m. on the State House Grounds.
Sincerely,
Adam Taylor
State Farm Insurance Companies
January 20, 2006
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the YMCA's of SC, the Members of the South Carolina House of Representatives are invited to a breakfast. This event will be held on Wednesday, May 3, 2006, from 8:00 a.m. until 10:00 a.m. in Room 221 of the Blatt Building.
Sincerely,
Robert A. Knight
January 20, 2006
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the SC Governor's School for Science and Mathematics Foundation, the Members of the South Carolina House of Representatives are invited to the 14th Annual Townes Award Dinner. This event will be held on Wednesday, May 3, 2006, beginning at 6:00 p.m. at the Columbia Metropolitan Convention Center.
Sincerely,
Kim Bowman Ashley Newton
Executive Director Director of Development
January 20, 2006
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the SC Chapter of the American Planning Association, the Members of the South Carolina House of Representatives are invited to a breakfast. This event will be held on Wednesday, May 4, 2006, from 8:00 a.m. until 10:00 a.m. in Room 221 of the Blatt Building.
Sincerely,
Tripp Muldrow
President
January 20, 2006
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the SC Speech Language and Hearing Association, the Members and staff of the South Carolina House of Representatives are invited to a breakfast. This event will be held on Thursday, May 11, 2006, from 8:00 a.m. until 10:00 a.m. in Room 221 of the Blatt Building. We will also be conducting free hearing screenings from 8:00 a.m. until 10:30 a.m. in Room 215 of the Blatt Building.
Sincerely,
M. Anita Parker
VP for Governmental Affairs
January 20, 2006
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the South Carolina Manufacturers Alliance the Members of the South Carolina House of Representatives are invited to a luncheon. This event will be held on Wednesday, May 17, 2006, at 12:30 p.m. at the Summit Club.
Sincerely,
Lewis F. Gossett
President
January 20, 2006
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the SC Association of Certified Public Accountants, the Members of the South Carolina House of Representatives are invited to a reception. This event will be held on Wednesday, May 17, 2006, from 6:00 p.m. until 7:00 p.m. at the Clarion Town House Hotel.
Sincerely,
Erin P. Hardwick
Executive Director
January 20, 2006
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the Mechanical Contractors Association of SC, the Members and staff of the South Carolina House of Representatives are invited to a "Year-End Statewide Rally and Barbeque." This event will be held on Wednesday, May 17, 2006, from 7:00 p.m. until 9:00 p.m. at The Coop, located at 1100 Key Road.
Sincerely,
Mona Lisa Flowers
Managing Director
January 20, 2006
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the SC Chapters of Alpha Kappa Alpha Sorority, the Members of the South Carolina House of Representatives are invited to a breakfast. This event will be held on Wednesday, May 17, 2006, from 8:00 a.m. until 10:00 a.m. in Room 221 of the Blatt Building.
Sincerely,
Sheila McMillan
SC AKA Connection Co-Chair
January 20, 2006
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of BlueCross BlueShield of SC, the Members, staff and family of the South Carolina House of Representatives are invited to the "13th Annual Legislative Softball Game and Picnic." This event will be held on Tuesday, May 16, 2006, beginning at 6:00 p.m. at Capital City Stadium.
Sincerely,
M. Edward Sellers
Chairman, President & CEO
January 20, 2006
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of Piedmont Natural Gas and Duke Power, the Members and staff of the South Carolina House of Representatives are invited to a hot dog cookout and ice cream social. This event will be held on Wednesday, May 3, 2006, from 12:00 noon until 2:00 p.m. on the State House grounds.
Sincerely,
Mike Forrester
VP, SC Operations
January 20, 2006
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the Conservation Community, the Members of the South Carolina House of Representatives are invited to the "Conservation Lobby Day" oyster roast. This event will be held on Tuesday, May 2, 2006, from 6:00 p.m. until 9:00 p.m. at the Seibels House.
Sincerely,
Christie McGregor
SC Coastal Conservation League
The following were received and referred to the appropriate committees for consideration:
Document No. 3021
Agency: Department of Social Services
Statutory Authority: 2005-2006 Appropriations Act, H. 3716, Part 1B, Provisos Section 13.27
Penalties for Noncompliance in Regulated Child Care Settings
Received by Speaker of the House of Representatives
April 13, 2006
Referred to Medical, Military, Public and Municipal Affairs Committee
Legislative Review Expiration March 20, 2007
Document No. 3022
Agency: Department of Social Services
Statutory Authority: H.3716, 2005-2006 Appropriations Act, Part IB, Section 13.27
Licensing of Residential Group Care Organizations for Children
Received by Speaker of the House of Representatives
April 13, 2006
Referred to Medical, Military, Public and Municipal Affairs Committee
Legislative Review Expiration March 20, 2007
Document No. 3060
Agency: Department of Consumer Affairs
Statutory Authority: 1976 Code Section 40-68-20
Professional Employer Organizations
Received by Speaker of the House of Representatives
April 13, 2006
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration March 20, 2007
The following was introduced:
H. 5002 (Word version) -- Reps. Rhoad and Hosey: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR ESSIE MOORE CARROLL OF BAMBERG COUNTY, FOR HER MANY YEARS OF OUTSTANDING LEADERSHIP AND DEDICATED SERVICE TO DENMARK TECHNICAL COLLEGE AND TO THE EDUCATION OF THE CITIZENS OF SOUTH CAROLINA.
The Resolution was adopted.
The following was introduced:
H. 5003 (Word version) -- Reps. Hosey and Rhoad: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR CLARENCE V. LEBBY, SR., OF BARNWELL COUNTY FOR HIS MANY YEARS OF OUTSTANDING LEADERSHIP AND DEDICATED SERVICE TO DENMARK TECHNICAL COLLEGE AND TO THE EDUCATION OF THE CITIZENS OF SOUTH CAROLINA.
The Resolution was adopted.
On motion of Rep. RUTHERFORD, with unanimous consent, the following was taken up for immediate consideration:
H. 5004 (Word version) -- Reps. Rutherford, J. E. Smith, 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, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. 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 EXTEND THE PRIVILEGE OF THE FLOOR TO THE PLAYERS, COACHES, AND UNIVERSITY OFFICIALS OF THE UNIVERSITY OF SOUTH CAROLINA MEN'S BASKETBALL TEAM TO RECOGNIZE THEM FOR WINNING COLLEGE BASKETBALL'S NATIONAL INVITATIONAL TOURNAMENT, ON A DATE AND AT A TIME TO BE DETERMINED BY THE SPEAKER.
Be it resolved by the House of Representatives:
That the members of the South Carolina House of Representatives, by this resolution, extend the privilege of the floor to the players, coaches, and university officials of the University of South Carolina Men's Basketball Team to recognize them for winning college basketball's National Invitational Tournament, on a date and at a time to be determined by the Speaker.
The Resolution was adopted.
The following was introduced:
H. 5005 (Word version) -- Rep. Altman: A HOUSE RESOLUTION TO CONGRATULATE THE CLASS OF 1956 OF THE UNIVERSITY OF SOUTH CAROLINA AS IT CELEBRATES ITS FIFTIETH ANNIVERSARY AND TO COMMEND THE MEMBERS OF THIS OUTSTANDING CLASS FOR THEIR CONTRIBUTIONS TO THEIR COMMUNITIES, STATE, NATION, AND WORLD.
The Resolution was adopted.
The following was introduced:
H. 5006 (Word version) -- Reps. W. D. 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, J. R. 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 THE PROFOUND SORROW OF THE HOUSE OF REPRESENTATIVES UPON THE DEATH OF MRS. VANCE MYERS OF LEXINGTON COUNTY AND TO CONVEY THE DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.
The Resolution was adopted.
The following was introduced:
H. 5007 (Word version) -- Rep. Allen: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE REVEREND JAMES E. MASSEY OF ANDERSON COUNTY FOR HIS OUTSTANDING CONTRIBUTIONS TO THE LIVES OF HIS CONGREGANTS AND CHURCH COMMUNITY UPON THE SEVEN YEAR ANNIVERSARY OF HIS LEADERSHIP OF HOLLY SPRINGS BAPTIST CHURCH.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5008 (Word version) -- Rep. Hosey: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR JEAN BELCHER OF BARNWELL COUNTY FOR BEING NAMED 2006 SOUTH CAROLINA MOTHER OF THE YEAR, AND TO CONGRATULATE HER FOR REARING FOUR INTELLIGENT CHILDREN WHO CONTINUE TO SUCCEED PROFESSIONALLY IN THEIR RESPECTIVE FIELDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5009 (Word version) -- Rep. M. A. Pitts: A CONCURRENT RESOLUTION TO HONOR THE MEMORY OF FALLEN LAW ENFORCEMENT OFFICER DEPUTY JOSEPH SCOTT QUARLES OF LAURENS COUNTY FOR HIS DEDICATION TO SERVING AND PROTECTING THE PEOPLE OF SOUTH CAROLINA, AND TO CELEBRATE THE ENTHUSIASM AND PROFESSIONALISM HE BROUGHT TO THE HIGH CALLING OF A CAREER IN LAW ENFORCEMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5010 (Word version) -- Rep. Bowers: A CONCURRENT RESOLUTION TO EXPRESS THE SINCERE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY UPON THE DEATH OF ISHAM NATHANIEL "I.N." RIZER OF COLLETON COUNTY, AND TO CONVEY THE DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5011 (Word version) -- Rep. Altman: A HOUSE RESOLUTION TO EXPRESS THE SENTIMENT OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH CAROLINA THAT THE EVER INCREASING PRICES OF GASOLINE AND OIL PRODUCTS MAY CONSTITUTE UNFAIR OR UNLAWFUL PRICE GOUGING OR PRICE-FIXING AND TO REQUEST THE ATTORNEY GENERAL OF THIS STATE TO INVESTIGATE WHETHER OR NOT VIOLATIONS OF LAW HAVE OCCURRED.
The House Resolution was ordered placed on the calendar.
The following was introduced:
H. 5012 (Word version) -- Rep. M. A. Pitts: A CONCURRENT RESOLUTION TO COMMEND THE NATIONAL WILD TURKEY FEDERATION ON ITS DILIGENT EFFORTS TO THE CONSERVATION OF THE WILD TURKEY AND THE PRESERVATION OF OUR NATION'S HUNTING TRADITION, AND TO RECOGNIZE THE NUMEROUS PROGRAMS THAT SUPPORT THE FEDERATION'S MISSION.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1329 (Word version) -- Senator Matthews: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR REVEREND DR. SAMUEL B. MARSHALL OF DORCHESTER COUNTY FOR HIS DEVOTION TO HIS FAITH, CAREER, AND COMMUNITY AND TO WISH HIM THE BEST IN ALL FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 5013 (Word version) -- Reps. Thompson, G. M. Smith and Viers: A JOINT RESOLUTION TO PROVIDE THAT FOR A PERIOD OF TWO YEARS AFTER THE EFFECTIVE DATE OF THIS JOINT RESOLUTION, A MEMBER OF THE SENATE OR THE HOUSE OF REPRESENTATIVES MAY NOT INTRODUCE LEGISLATION, NOR MAY EITHER BODY OF THE GENERAL ASSEMBLY CONSIDER LEGISLATION THAT ALLOWS THE DEPARTMENT OF MOTOR VEHICLES TO ISSUE A NEW SPECIAL MOTOR VEHICLE LICENSE PLATE.
Rep. THOMPSON asked unanimous consent to have the Joint Resolution placed on the Calendar without reference.
Rep. LIMEHOUSE objected.
Referred to Committee on Education and Public Works
S. 807 (Word version) -- Senator McConnell: A BILL TO AMEND CHAPTER 11, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONS AND OCCUPATIONS, BY ADDING ARTICLE 3 SO AS TO PROVIDE PROCEDURES FOR RIGHT TO CURE NONRESIDENTIAL CONSTRUCTION DEFECTS BEFORE A CIVIL ACTION OR OTHER REMEDY PROVIDED BY LAW OR CONTRACT MAY BE INSTITUTED OR CONTINUED.
Referred to Committee on Labor, Commerce and Industry
S. 1200 (Word version) -- Senator J. V. Smith: A JOINT RESOLUTION TO PROVIDE THAT IN 2006 AND 2007, THE ANNUAL FEE FOR THE AUTOMOBILE MANUFACTURER STANDARD LICENSE PLATE FOR VEHICLES IN SUCH MANUFACTURER'S EMPLOYEE BENEFIT PROGRAM AND FOR THE TESTING, DISTRIBUTION, EVALUATION, AND PROMOTION OF ITS VEHICLES IS SEVEN HUNDRED SIXTY-ONE DOLLARS, AND TO PROVIDE THAT TWENTY DOLLARS OF EACH FEE IS CREDITED TO THE GENERAL FUND OF THE STATE AND THE BALANCE TO LOCAL GOVERNMENTS AND TO EXTEND RETROACTIVELY TO 2005 THESE FEES AS ESTABLISHED IN JOINT RESOLUTION 116 OF 2003.
Referred to Committee on Education and Public Works
S. 1209 (Word version) -- Senator Campsen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 64 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE SOUTH CAROLINA AQUARIUM SPECIAL LICENSE PLATES.
Referred to Committee on Education and Public Works
S. 1349 (Word version) -- Senators Richardson and Pinckney: A BILL TO AMEND SECTION 7-7-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN BEAUFORT COUNTY, SO AS TO REVIEW AND RENAME CERTAIN VOTING PRECINCTS OF BEAUFORT COUNTY AND 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 ADD A PROVISION TO AUTHORIZE THE BEAUFORT COUNTY BOARD OF ELECTIONS AND REGISTRATION, WITH THE APPROVAL OF A MAJORITY OF THE BEAUFORT COUNTY LEGISLATIVE DELEGATION, TO DETERMINE THE POLLING PLACES FOR THE PRECINCTS IN BEAUFORT COUNTY.
Referred to Beaufort Delegation
The roll call of the House of Representatives was taken resulting as follows:
Agnew Altman Anderson Anthony Bailey Bales Ballentine Bannister Barfield Battle Bingham Brady Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Coates Cobb-Hunter Coleman Cooper Dantzler Davenport Delleney Emory Frye Funderburk Hagood Haley Hamilton Hardwick Harrell Harrison Harvin Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hodges Howard Huggins Jefferson Kennedy Kirsh Leach Limehouse Littlejohn Loftis Lucas Mahaffey Martin McCraw McGee McLeod Merrill Miller Mitchell Moody-Lawrence J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Phillips Pinson E. H. Pitts Rhoad Rice Rivers Rutherford Sandifer Scarborough Scott Sinclair Skelton D. C. Smith G. R. Smith J. E. Smith J. R. Smith Stewart Talley Taylor Thompson Toole Townsend Tripp Umphlett Vaughn Vick Viers Walker Weeks White Whitmire Witherspoon Young
I came in after the roll call and was present for the Session on Tuesday, April 18.
G. Murrell Smith Fletcher Smith William Bowers Douglas Jennings David Mack Tracy Edge Jerry Govan Jeffrey D. Duncan Lonnie Hosey Karl Allen Bill Cotty Jackson "Seth" Whipper Michael A. Pitts Ralph Norman
The SPEAKER granted Rep. HIOTT a leave of absence for the week due to illness in the family.
Announcement was made that Dr. William Gerard of Chapin 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. 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. 3132 (Word version)
Date: ADD:
04/18/06 HUGGINS
Bill Number: H. 3977 (Word version)
Date: ADD:
04/18/06 COATES
Bill Number: H. 4534 (Word version)
Date: ADD:
04/18/06 PERRY
Bill Number: H. 4840 (Word version)
Date: ADD:
04/18/06 WHITE
Bill Number: H. 4840 (Word version)
Date: ADD:
04/18/06 BRADY
Bill Number: H. 4882 (Word version)
Date: ADD:
04/18/06 CHALK
Bill Number: H. 4882 (Word version)
Date: ADD:
04/18/06 HERBKERSMAN
Bill Number: H. 4938 (Word version)
Date: ADD:
04/18/06 COATES
Bill Number: H. 4965 (Word version)
Date: ADD:
04/18/06 MITCHELL
Bill Number: H. 4981 (Word version)
Date: ADD:
04/18/06 KENNEDY
Bill Number: H. 4970 (Word version)
Date: REMOVE:
04/18/06 TRIPP
Bill Number: H. 4928 (Word version)
Date: REMOVE:
04/18/06 MITCHELL
Bill Number: H. 4928 (Word version)
Date: REMOVE:
04/18/06 CATO
Bill Number: H. 4838 (Word version)
Date: REMOVE:
04/18/06 MCGEE
Bill Number: H. 3795 (Word version)
Date: REMOVE:
04/18/06 LOFTIS
The following Bill was taken up:
H. 4773 (Word version) -- Reps. Sinclair, Rivers, Harrison, G. M. Smith, Davenport, Mitchell, McLeod, Allen, Delleney, Mahaffey, McGee, W. D. Smith, Talley and White: A BILL TO AMEND SECTION 62-5-504, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN CONNECTION WITH A HEALTH CARE POWER OF ATTORNEY, SO AS TO CONFORM THE SOUTH CAROLINA STATUTORY FORM FOR THE HEALTH CARE POWER OF ATTORNEY TO PROVIDE FURTHER FOR A SUCCESSOR AGENT, TO INCLUDE A HIPAA (HEALTH INFORMATION PORTABILITY AND ACCOUNTABILITY ACT OF 1996) AUTHORIZATION, TO CLARIFY DESIGNATION CHOICES IN CONNECTION WITH TUBE FEEDING, AND TO PROVIDE FOR AN OPTIONAL ACKNOWLEDGEMENT BY A NOTARY PUBLIC.
Rep. SINCLAIR proposed the following Amendment No. 1 (Doc Name COUNCIL\AGM\18328MM06), which was adopted:
Amend the bill, as and if amended, Section 62-5-504(D) 8. 6. 7. as found in SECTION 1, page 6, lines 10 and 20, by deleting / 6. 7. STATEMENT OF DESIRES AND SPECIAL PROVISIONS / and inserting:
/ 6. 7. STATEMENT OF DESIRES AND SPECIAL PROVISIONS CONCERNING LIFE-SUSTAINING TREATMENT / .
Amend the bill further, Section 62-5-504(D) 8. 7. 8. as found in SECTION 1, page 7, lines 8-42 and page 8, lines 1-5, by deleting item 7. 8. in its entirety and inserting:
/ 7. 8. STATEMENT OF DESIRES REGARDING TUBE FEEDING
With respect to Nutrition and Hydration provided by means of a nasogastric tube or tube into the stomach, intestines, or veins, I wish to make clear that in situations where life sustaining treatment is being withheld or withdrawn pursuant to Item 7, (INITIAL ONLY ONE) OF THE FOLLOWING FOUR PARAGRAPHS), which was adopted:
I do not want to receive these forms of artificial nutrition and hydration, and they may be withheld or withdrawn under the conditions given above.
OR
I do want to receive these forms of artificial nutrition and hydration.
(a) GRANT OF DISCRETION TO AGENT. I do not want my life to be prolonged by tube feeding if my agent believes the burdens of tube feeding outweigh the expected benefits. I want my agent to consider the relief of suffering, my personal beliefs, the expense involved, and the quality as well as the possible extension of my life in making this decision.
OR
(b) DIRECTIVE TO WITHHOLD OR WITHDRAW TUBE FEEDING. I do not want my life prolonged by tube feeding.
OR
(c) DIRECTIVE FOR PROVISION OF TUBE FEEDING. I want tube feeding to be provided within the standards of accepted medical practice, without regard to my condition, the chances I have for recovery, or the cost of the procedure, and without regard to whether other forms of life-sustaining treatment are being withheld or withdrawn.
OR
(d) DIRECTIVE IN MY OWN WORDS.
IF YOU DO NOT INITIAL EITHER ANY OF THE ABOVE STATEMENTS IN ITEM 8, YOUR AGENT WILL NOT HAVE AUTHORITY TO DIRECT THAT NUTRITION AND HYDRATION NECESSARY FOR COMFORT CARE OR ALLEVIATION OF PAIN BE WITHDRAWN. /
Renumber sections to conform.
Amend title to conform.
Rep. SINCLAIR explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3795 (Word version) -- Reps. Rutherford, Scott, Hosey, Govan, Cobb-Hunter, Hamilton, E. H. Pitts, G. R. Smith, Mahaffey, J. Brown and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-95-25 SO AS TO PROHIBIT SMOKING IN A RESTAURANT AND TO PROVIDE A PENALTY FOR VIOLATION.
Reps. VIERS, BATTLE, THOMPSON, J. E. SMITH, OTT, AGNEW, J. H. NEAL, HAYES, J. BROWN, SCOTT, BAILEY, JEFFERSON, J. HINES, HARDWICK, JENNINGS, RHOAD, HAMILTON, LEACH, LOFTIS, MOODY-LAWRENCE, KIRSH, SCARBOROUGH, BANNISTER, DAVENPORT, OWENS, ALTMAN, SANDIFER, TRIPP, WALKER and YOUNG requested debate on the Bill.
Rep. SANDIFER moved to adjourn debate upon the following Bill until Wednesday, April 19, which was adopted:
H. 4240 (Word version) -- Reps. Sandifer, Cato and Vaughn: A BILL TO AMEND SECTION 23-47-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF TERMS REGARDING THE PUBLIC SAFETY COMMUNICATIONS CENTER, SO AS TO REVISE THE DEFINITION OF THE TERM "COMMITTEE"; AND TO AMEND SECTION 23-47-65, AS AMENDED, RELATING TO THE CMRS EMERGENCY TELEPHONE ADVISORY COMMITTEE, SO AS TO REENACT THE SECTION ESTABLISHING THE COMMITTEE AND MAKE IT PERMANENT, TO REVISE THE NAME OF THE COMMITTEE, TO REMOVE THE STATE AUDITOR AND THE DIRECTOR OF THE OFFICE OF INFORMATION RESOURCES AS MEMBERS OF THIS COMMITTEE, TO INCLUDE A DIVISION DIRECTOR OF THE BUDGET AND CONTROL BOARD AS A MEMBER OF THE BOARD, TO ELIMINATE TERM LIMITS APPLICABLE TO COMMITTEE MEMBERS, TO MAKE TECHNICAL CHANGES, AND TO MAKE CONFORMING AMENDMENTS.
The following Bill was taken up:
H. 4879 (Word version) -- Reps. Vaughn, Walker, Pinson, Owens, Townsend, Loftis, Davenport, Bannister, Cato, Cooper, Hamilton, Harrell, Haskins, Leach, Littlejohn, Mahaffey, Merrill, E. H. Pitts, Rice, G. R. Smith, Taylor, Tripp and Mitchell: A BILL TO AMEND SECTION 59-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF THE BOARD BY PROVIDING FOR THE ELECTION OF THE MEMBERS OF THE BOARD BY THE GENERAL ASSEMBLY FROM THE CONGRESSIONAL DISTRICTS OF THE STATE AND FROM THE STATE AT LARGE WITH ONE MEMBER APPOINTED BY THE GOVERNOR AND TO NUMBER THE SEATS, PROVIDE THE TERMS, PROVIDE FOR VACANCIES, PROVIDE FOR REMOVAL OF A MEMBER, AND PROVIDE THAT A PERSON MAY NOT SERVE ON THE BOARD IF A MEMBER OF HIS IMMEDIATE FAMILY IS EMPLOYED BY THE DEPARTMENT OF EDUCATION OR A SCHOOL DISTRICT.
Reps. MCLEOD, FUNDERBURK, OTT, J. E. SMITH, J. H. NEAL, JEFFERSON, SCOTT, J. BROWN, ANTHONY, MILLER, JENNINGS, R. BROWN, MOODY-LAWRENCE, BRANHAM, CLYBURN and BREELAND requested debate on the Bill.
The following Joint Resolution was taken up:
H. 4880 (Word version) -- Reps. Vaughn, Loftis, Walker, Pinson, Owens, E. H. Pitts, Townsend, Leach, Davenport, Bannister, Cato, Cooper, Hamilton, Harrell, Haskins, Littlejohn, Mahaffey, Merrill, Rice, G. R. Smith, Taylor and Tripp: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE XI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE STATE BOARD OF EDUCATION, SO AS TO DELETE THE COMPOSITION OF THE BOARD AND PROVIDE THAT THE COMPOSITION OF THE BOARD MUST BE AS THE GENERAL ASSEMBLY SHALL SPECIFY BY LAW.
Rep. VAUGHN requested debate on the Joint Resolution.
Rep. SCOTT moved to recommit the Joint Resolution to the Committee on Education and Public Works.
Rep. VAUGHN demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Anderson Anthony Bales Battle Bowers Branham Breeland G. Brown J. Brown R. Brown Clyburn Cobb-Hunter Delleney Emory Funderburk Govan Harvin Hayes J. Hines M. Hines Hodges Jefferson Jennings Kirsh Mack McLeod Miller Moody-Lawrence J. H. Neal Ott Parks Phillips Pinson Rivers Rutherford Scott Skelton J. E. Smith Weeks
Those who voted in the negative are:
Altman Ballentine Bannister Barfield Bingham Brady Cato Ceips Chalk Chellis Clark Clemmons Cooper Dantzler Davenport Duncan Edge Frye Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Herbkersman Hinson Hosey Huggins Leach Limehouse Loftis Lucas Mahaffey Martin McCraw McGee Merrill Neilson Owens Perry E. H. Pitts M. A. Pitts Rhoad Rice Sandifer Scarborough Sinclair D. C. Smith G. M. Smith G. R. Smith J. R. Smith Stewart Talley Taylor Thompson Toole Tripp Umphlett Vaughn Viers Walker White Witherspoon Young
So, the House refused to recommit the Joint Resolution.
Reps. SCOTT, J. H. NEAL, LEACH, WALKER, HAMILTON, G. R. SMITH, MAHAFFEY, DAVENPORT, MACK, R. BROWN, BREELAND, JENNINGS, J. BROWN, OTT, CLYBURN, JEFFERSON, WITHERSPOON, PARKS, GOVAN, HAYES, MARTIN, MILLER, MOODY-LAWRENCE and ANDERSON requested debate on the Joint Resolution.
The following Bill was taken up:
H. 4961 (Word version) -- Reps. Rhoad, Witherspoon, Toole, M. A. Pitts and Vick: A BILL TO AMEND SECTION 50-5-1705, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CATCH LIMITS FOR CERTAIN SALTWATER FISH, SO AS TO CHANGE THE CATCH LIMIT FOR RED DRUM FROM TWO TO THREE IN ANY ONE DAY.
Rep. LIMEHOUSE 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 Joint Resolution was taken up, read the second time, and ordered to a third reading:
H. 4962 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE OFFICE OF THE ATTORNEY GENERAL, RELATING TO SECURITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 3045, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. SINCLAIR explained the Joint Resolution.
On motion of Rep. COOPER, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means:
S. 1094 (Word version) -- Senators Leatherman, Alexander, Ryberg and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-16-370 SO AS TO PROVIDE THAT THE STATE SHALL DEFEND THE MEMBERS OF THE RETIREMENT SYSTEM INVESTMENT COMMISSION AND COMMISSION OFFICERS AND MANAGEMENT EMPLOYEES AGAINST A CLAIM OR SUIT BASED ON THE PERFORMANCE OF THEIR OFFICIAL DUTIES, TO REQUIRE THE STATE TO INDEMNIFY THEM FOR A LOSS OR JUDGMENT INCURRED BY THEM FOR A CLAIM OR SUIT BROUGHT AGAINST THEM IN THEIR OFFICIAL OR INDIVIDUAL CAPACITIES, OR BOTH, AND TO PROVIDE FOR THEIR DEFENSE AND INDEMNIFICATION AFTER THEY LEAVE MEMBERSHIP ON OR EMPLOYMENT BY THE COMMISSION IF THE CLAIM OR SUIT ARISES BASED ON THE PERFORMANCE OF THEIR OFFICIAL DUTIES; TO AMEND SECTION 9-1-1310, AS AMENDED, RELATING TO THE DUTIES OF THE STATE BUDGET AND CONTROL BOARD AND THE RETIREMENT SYSTEM INVESTMENT COMMISSION WITH RESPECT TO THE VARIOUS STATE RETIREMENT SYSTEMS AND INVESTMENTS ALLOWED FOR THE FUNDS OF THESE SYSTEMS, SO AS TO PROVIDE FOR ADDITIONAL INVESTMENTS; TO AMEND SECTION 9-1-1340, AS AMENDED, RELATING TO CONFLICT OF INTEREST PROVISIONS WITH RESPECT TO THE RETIREMENT SYSTEM INVESTMENT COMMISSION, SO AS TO CONFORM THE PROVISIONS TO THE NATIONAL GUARD RETIREMENT SYSTEM; TO AMEND SECTION 9-10-60, RELATING TO STATE BUDGET AND CONTROL BOARD'S RESPONSIBILITIES WITH RESPECT TO THE NATIONAL GUARD RETIREMENT SYSTEM AND CONFLICT OF INTEREST PROVISIONS FOR THAT SYSTEM, SO AS TO CONFORM THESE RESPONSIBILITIES TO THE MANNER OF OPERATION OF THE OTHER STATE RETIREMENT SYSTEMS AND TO DELETE REDUNDANT PROVISIONS; TO AMEND SECTION 9-16-360, RELATING TO STANDARDS OF CONDUCT FOR FIDUCIARIES WITH RESPECT TO THE STATE RETIREMENT SYSTEMS, SO AS FURTHER TO DEFINE "INDIRECT INTEREST" AND TO ALLOW THE RETIREMENT SYSTEM INVESTMENT COMMISSION TO WAIVE THESE STANDARDS BY CONTRACT WITH CERTAIN FIDUCIARIES.
On motion of Rep. JENNINGS, with unanimous consent, the following Concurrent Resolution was ordered recalled from the Committee on Education and Public Works:
S. 1320 (Word version) -- Senators Malloy and Leatherman: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF MOTOR VEHICLES TO WAIVE FROM MOTOR VEHICLE TITLING, LICENSING, AND REGISTRATION LAWS MOTOR VEHICLES PROVIDED FOR PROMOTIONAL PURPOSES BY AN AUTOMOBILE MANUFACTURER IN CONNECTION WITH NATIONALLY-SPONSORED NASCAR RACING EVENTS HELD IN THIS STATE IN 2006.
On motion of Rep. VAUGHN, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Education and Public Works:
S. 1200 (Word version) -- Senator J. V. Smith: A JOINT RESOLUTION TO PROVIDE THAT IN 2006 AND 2007, THE ANNUAL FEE FOR THE AUTOMOBILE MANUFACTURER STANDARD LICENSE PLATE FOR VEHICLES IN SUCH MANUFACTURER'S EMPLOYEE BENEFIT PROGRAM AND FOR THE TESTING, DISTRIBUTION, EVALUATION, AND PROMOTION OF ITS VEHICLES IS SEVEN HUNDRED SIXTY-ONE DOLLARS, AND TO PROVIDE THAT TWENTY DOLLARS OF EACH FEE IS CREDITED TO THE GENERAL FUND OF THE STATE AND THE BALANCE TO LOCAL GOVERNMENTS AND TO EXTEND RETROACTIVELY TO 2005 THESE FEES AS ESTABLISHED IN JOINT RESOLUTION 116 OF 2003.
On motion of Rep. HARRISON, with unanimous consent, the following Bill was ordered recalled from the Committee on Labor, Commerce and Industry and was referred to the Committee on Judiciary:
S. 1163 (Word version) -- Senators Sheheen, Reese, Hutto and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 81 TO TITLE 15 SO AS TO ENACT THE "SUCCESSOR ASBESTOS-RELATED LIABILITY FAIRNESS ACT", TO DEFINE CERTAIN TERMS RELATED TO ASBESTOS-RELATED CLAIMS, TO LIMIT SUCCESSOR ASBESTOS-RELATED LIABILITIES OF A CORPORATION UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE EXCEPTIONS TO THE LIMITATIONS ON SUCCESSOR LIABILITY, AND TO PROVIDE A METHOD FOR ESTABLISHING THE FAIR MARKET VALUE OF TOTAL GROSS ASSETS IN DETERMINING THE LIMITATIONS ON SUCCESSOR LIABILITY.
On motion of Rep. WEEKS, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works:
H. 3681 (Word version) -- Reps. Weeks, G. Brown, J. H. Neal and G. M. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-53-75 SO AS TO ALLOW THE UNIVERSITY OF SOUTH CAROLINA-SUMTER TO OFFER FOUR-YEAR DEGREES CONTINGENT ON FUNDING; AND TO AMEND SECTION 11-41-30, AS AMENDED, RELATING TO THE STATE GENERAL OBLIGATION ECONOMIC DEVELOPMENT BOND ACT, SO AS TO REVISE THE DEFINITION OF "PROJECT" TO INCLUDE THE UNIVERSITY OF SOUTH CAROLINA-SUMTER FOR THE PURPOSE OF IMPLEMENTATION OF ITS FOUR-YEAR DEGREES.
The Senate amendments to the following Bill were taken up for consideration:
H. 3184 (Word version) -- Reps. Harrison, G. R. Smith, Whipper, Cato, G. M. Smith and Weeks: A BILL TO AMEND SECTION 1-23-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE AND HEARING IN A CONTESTED CASE, SO AS TO PROVIDE THAT THE STANDARD OF PROOF IS BY A PREPONDERANCE OF THE EVIDENCE; TO AMEND SECTIONS 1-23-380, 1-23-390, 1-23-600, ALL AS AMENDED, AND 1-23-610, ALL RELATING TO JUDICIAL REVIEW OF ADMINISTRATIVE DECISIONS, SO AS TO PROVIDE THAT JUDICIAL REVIEW OF AN ADMINISTRATIVE DECISION MUST BE MADE BY AN ADMINISTRATIVE LAW JUDGE, TO PROVIDE THAT DECISION MAY BE APPEALED TO THE SOUTH CAROLINA COURT OF APPEALS, AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 1-23-650, AS AMENDED, RELATING TO PROMULGATION OF RULES GOVERNING THE OPERATIONS OF THE ADMINISTRATIVE LAW COURT, SO AS TO PROVIDE RULES OF PROCEDURE FOR THE HEARING OF CONTESTING CASES OR APPEALS BY INDIVIDUAL AGENCIES ARE OF NO FORCE AND EFFECT IN PROCEEDINGS BEFORE AN ADMINISTRATIVE LAW JUDGE; TO AMEND SECTION 14-8-200, AS AMENDED, RELATING TO THE JURISDICTION OF THE COURT OF APPEALS, SO AS TO ADD THAT THE COURT OF APPEALS HAS JURISDICTION OVER ANY CASE IN WHICH AN APPEAL IS TAKEN FROM A FINAL DECISION OF AN AGENCY AND A FINAL DECISION OF AN ADMINISTRATIVE LAW JUDGE; TO AMEND SECTION 8-13-320, RELATING TO AN ORDER OF THE STATE ETHICS COMMISSION, SO AS TO PROVIDE FOR APPEAL FROM A FINAL DECISION OF THE COMMISSION TO THE SOUTH CAROLINA COURT OF APPEALS AS PROVIDED IN THE SOUTH CAROLINA APPELLATE COURT RULES; TO AMEND SECTION 41-35-750, AS AMENDED, RELATING TO A DECISION OF THE EMPLOYMENT SECURITY COMMISSION, SO AS TO PROVIDE FOR APPEAL WITHIN THIRTY DAYS OF A FINAL DECISION BY THE COMMISSION TO THE SOUTH CAROLINA COURT OF APPEALS AS PROVIDED IN THE SOUTH CAROLINA APPELLATE COURT RULES; TO AMEND SECTIONS 58-5-330, 58-5-340, 58-5-990, 58-9-1410, AND 58-27-2310, ALL RELATING TO AN ORDER OR DECISION BY THE PUBLIC SERVICE COMMISSION, SO AS TO PROVIDE FOR APPEAL FROM A FINAL DECISION OF THE COMMISSION TO THE SOUTH CAROLINA SUPREME COURT OR COURT OF APPEALS AS PROVIDED BY STATUTE OR THE SOUTH CAROLINA APPELLATE COURT RULES; TO AMEND SECTION 1-13-90, RELATING TO AN ORDER OF THE STATE HUMAN AFFAIRS COMMISSION, SECTION 8-17-340, AS AMENDED, RELATING TO A DECISION OF THE STATE EMPLOYEE GRIEVANCE COMMITTEE, SECTION 11-35-4410, AS AMENDED, RELATING TO A DECISION OF THE PROCUREMENT REVIEW PANEL, SECTION 31-21-130, RELATING TO A DECISION OF THE HUMAN AFFAIRS COMMISSION, SECTION 33-56-140, AS AMENDED, RELATING TO THE SECRETARY OF STATE BRINGING AN ACTION TO ENJOIN A CHARITY FROM CONTINUING A VIOLATION OF THE SOLICITATION OF CHARITABLE FUNDS ACT, SECTIONS 35-1-1310, 35-1-1320, AND 35-1-1330, ALL AS AMENDED, ALL RELATING TO AN ORDER BY THE SECURITIES COMMISSIONER, SECTION 39-37-100, AS AMENDED, RELATING TO A DECISION OF THE DEPARTMENT OF AGRICULTURE, SECTION 43-25-90, RELATING TO A DECISION OF THE COMMISSION FOR THE BLIND, SECTION 45-9-75, RELATING TO A DETERMINATION BY A PANEL OF THE STATE HUMAN AFFAIRS COMMISSION, SECTION 46-3-220, RELATING TO AN ORDER OR DECISION BY THE COMMISSIONER OF AGRICULTURE, SECTION 46-9-90, AS AMENDED, RELATING TO PENALTIES FOR VIOLATING A PROVISION OF THE CHAPTER ON THE STATE CROP PEST COMMISSION, SECTION 47-4-130, AS AMENDED, RELATING TO PENALTIES FOR VIOLATING A PROVISION OF TITLE 47 DEALING WITH ANIMALS, LIVESTOCK, AND POULTRY, SECTIONS 47-17-50 AND 47-19-60, BOTH RELATING TO A DETERMINATION BY THE DIRECTOR OF THE LIVESTOCK-POULTRY HEALTH DEPARTMENT OF CLEMSON UNIVERSITY, SECTIONS 48-20-160, 48-20-190, BOTH AS AMENDED, AND 48-20-200, ALL RELATING TO A DECISION OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SECTION 48-39-150, AS AMENDED, RELATING TO THE APPROVAL OR DENIAL OF A PERMIT BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SECTION 54-3-470, RELATING TO AN ORDER OF THE STATE PORTS AUTHORITY, SECTIONS 55-5-230, 55-5-240, 55-5-250, ALL AS AMENDED, AND 55-8-20, ALL RELATING TO AN ORDER OF THE DIVISION OF AERONAUTICS, SECTIONS 59-25-260, 59-25-830, AND 59-40-90, ALL RELATING TO DECISIONS BY THE STATE BOARD OF EDUCATION, SECTION 59-58-120, RELATING TO A DECISION OF THE COMMISSION ON HIGHER EDUCATION, ALL SO AS TO PROVIDE FOR JUDICIAL REVIEW OF THE ADMINISTRATIVE DECISION BY AN ADMINISTRATIVE LAW JUDGE AND THAT DECISION APPEALED TO THE SOUTH CAROLINA COURT OF APPEALS; AND TO REPEAL SECTIONS 58-5-350, 58-5-360, 58-9-1420, 58-9-1440, 58-9-1460, 58-9-1470, 58-9-1480, AND 58-27-2330, ALL RELATING TO JUDICIAL REVIEW OF A DECISION BY THE PUBLIC SERVICE COMMISSION.
Rep. J. E. SMITH moved to adjourn debate on the Senate Amendments until Wednesday, April 19.
Rep. BINGHAM moved to table the motion.
Rep. J. E. SMITH demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Anthony Ballentine Bannister Bingham Cato Ceips Chalk Chellis Clark Clemmons Cobb-Hunter Cooper Dantzler Davenport Delleney Edge Frye Hagood Haley Hardwick Harrell Hayes Herbkersman Hinson Huggins Kennedy Kirsh Leach Limehouse Littlejohn Loftis Mahaffey Martin McCraw McGee McLeod Merrill Mitchell J. H. Neal Ott Owens Perry Phillips E. H. Pitts Rhoad Rice Rivers Sandifer Scarborough Sinclair Skelton D. C. Smith F. N. Smith J. R. Smith Stewart Talley Toole Townsend Tripp Umphlett Vaughn White Whitmire Witherspoon Young
Those who voted in the negative are:
Agnew Bales Battle Bowers Brady Branham Breeland G. Brown J. Brown R. Brown Clyburn Emory Funderburk Hamilton Harrison Harvin Haskins J. Hines Hodges Hosey Jefferson Jennings Lucas Mack Miller Moody-Lawrence Neilson Parks Pinson Rutherford Scott G. M. Smith J. E. Smith Thompson Vick Weeks
So, the motion to adjourn debate was tabled.
Rep. J. E. SMITH moved to recommit the Bill to the Committee on Judiciary.
Rep. CATO moved to table the motion.
Rep. CATO demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anthony Ballentine Bannister Bingham Cato Ceips Chalk Chellis Clark Clemmons Cobb-Hunter Cooper Dantzler Davenport Delleney Emory Frye Haley Hardwick Harrell Herbkersman Hinson Huggins Kennedy Limehouse Littlejohn Loftis Lucas Mahaffey Martin McCraw McGee McLeod Merrill J. M. Neal Neilson Ott Owens Perry Phillips E. H. Pitts Rhoad Rice Rivers Sandifer Scarborough Sinclair Skelton D. C. Smith J. R. Smith Stewart Talley Toole Townsend Umphlett Vaughn White Whitmire Witherspoon Young
Those who voted in the negative are:
Agnew Allen Anderson Bales Battle Bowers Brady Branham Breeland G. Brown J. Brown Clyburn Funderburk Govan Hagood Hamilton Harrison Harvin Haskins Hayes J. Hines M. Hines Hodges Hosey Jefferson Jennings Leach Mack Miller Mitchell Moody-Lawrence J. H. Neal Parks Pinson Rutherford Scott G. M. Smith J. E. Smith Taylor Thompson Vick Weeks
So, the motion to recommit the Bill was tabled.
Rep. J. E. SMITH moved to continue the Bill.
Rep. CATO demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Bales Battle Bowers Brady Branham Breeland G. Brown J. Brown Funderburk Govan Harvin J. Hines Hodges Hosey Jefferson Jennings Mack Miller Mitchell Moody-Lawrence J. H. Neal Neilson Parks Rutherford Scott G. M. Smith J. E. Smith Taylor Thompson Vick
Those who voted in the negative are:
Anderson Ballentine Bannister Barfield Bingham Cato Ceips Chalk Chellis Clark Clemmons Cooper Dantzler Delleney Edge Emory Frye Hagood Haley Hamilton Hardwick Harrell Haskins Hayes Herbkersman M. Hines Hinson Huggins Kennedy Kirsh Leach Limehouse Littlejohn Lucas Mahaffey Martin McCraw McGee McLeod Merrill Ott Owens Perry Phillips E. H. Pitts Rhoad Rice Rivers Sandifer Scarborough Sinclair Skelton D. C. Smith F. N. Smith J. R. Smith Stewart Talley Toole Townsend Tripp Umphlett Vaughn Weeks White Whitmire Witherspoon Young
So, the House refused to continue the Bill.
Rep. J. E. SMITH moved to table the Bill.
Rep. CATO demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Bales Bannister Battle Bowers Brady Branham Breeland G. Brown J. Brown Funderburk Govan Hodges Hosey Jefferson Jennings Kirsh Mack Miller Mitchell Moody-Lawrence J. H. Neal J. M. Neal Neilson Parks Pinson Rutherford Scott F. N. Smith G. M. Smith J. E. Smith Taylor Thompson Vick
Those who voted in the negative are:
Agnew Anthony Ballentine Bingham Cato Ceips Chalk Chellis Clark Cobb-Hunter Cooper Dantzler Davenport Delleney Edge Emory Frye Haley Hamilton Hardwick Harrell Harrison Harvin Haskins Hayes M. Hines Hinson Huggins Kennedy Leach Limehouse Littlejohn Loftis Lucas Mahaffey Martin McCraw McGee McLeod Merrill Ott Owens Perry Phillips E. H. Pitts Rhoad Rice Rivers Sandifer Scarborough Sinclair Skelton D. C. Smith J. R. Smith Stewart Talley Toole Townsend Tripp Umphlett Vaughn Walker Weeks White Whitmire Witherspoon Young
So, the House refused to table the Bill.
Rep. J. E. SMITH moved that the House recede until 3:00 p.m.
Rep. CATO demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bowers Brady Branham Breeland J. Brown Funderburk Mack Miller J. H. Neal Scott J. E. Smith
Those who voted in the negative are:
Agnew Anthony Bales Ballentine Bannister Battle Bingham Cato Ceips Chalk Chellis Clark Clemmons Cobb-Hunter Coleman Cooper Dantzler Delleney Edge Frye Hagood Haley Hamilton Hardwick Harrell Harvin Haskins Herbkersman M. Hines Hinson Hosey Huggins Kirsh Leach Limehouse Littlejohn Loftis Lucas Mahaffey Martin McCraw McGee McLeod Merrill Mitchell Moody-Lawrence Neilson Ott Owens Perry Phillips E. H. Pitts Rhoad Rice Rivers Sandifer Scarborough Sinclair Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith Stewart Talley Taylor Thompson Toole Townsend Umphlett Vaughn Walker Weeks White Whitmire Witherspoon Young
So, the House refused to recede.
Rep. J. E. SMITH moved that the House do now adjourn.
Rep. CATO demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Allen Anderson Bales Battle Bowers Brady Branham Breeland G. Brown Chellis Clyburn Cooper Delleney Emory Funderburk Hamilton Harrison J. Hines M. Hines Hodges Hosey Jefferson Jennings Kirsh Littlejohn Lucas Mack Mahaffey Miller Mitchell Moody-Lawrence J. H. Neal J. M. Neal Neilson Parks Pinson Rutherford Scott J. E. Smith Talley Walker Witherspoon Young
Those who voted in the negative are:
Anthony Ballentine Bannister Bingham Cato Ceips Chalk Clark Clemmons Coleman Dantzler Davenport Frye Haley Hardwick Harrell Harvin Herbkersman Hinson Huggins Kennedy Leach Limehouse Loftis Martin McCraw McGee McLeod Merrill Ott Owens Perry Phillips E. H. Pitts Rhoad Rice Rivers Sandifer Scarborough Sinclair Skelton D. C. Smith G. R. Smith J. R. Smith Stewart Taylor Thompson Toole Umphlett Vaughn Vick Weeks White Whitmire
So, the House refused to adjourn.
Rep. J. E. SMITH proposed the following Amendment No. 12A (Doc Name COUNCIL\MS\7226AHB06), which was tabled:
Amend the bill, as and if amended, by deleting in its entirety SECTION 2, page 4, beginning on line 31, and inserting:
/ SECTION 2. Section 1-23-320 of the 1976 Code, as last amended by Act 359 of 1998, is further amended by adding an appropriately lettered subsection to read:
"( ) Unless otherwise provided by law, the standard of proof in a contested case is by a preponderance of the evidence; provided, however, that in contested case proceedings involving the determination of whether a certificate of need for new open heart surgery services should be approved, a legally conclusive presumption is created in favor of approval when the applicant can demonstrate by a preponderance of evidence that there are no open heart surgery programs located in the same county as the applicant and that the applicant currently offers diagnostic cardiac catheterization services and has performed a minimum of twelve hundred diagnostic cardiac catheterization equivalents in the previous year of operation. In addition, in order for a certificate of need for new open heart surgery services to be approved, the facility must also provide a level 1 trauma center as a service." /
Renumber sections to conform.
Amend title to conform.
Rep. J. E. SMITH explained the amendment.
Rep. BINGHAM spoke against the amendment.
Rep. RUTHERFORD spoke against the amendment.
Rep. CATO moved to table the amendment.
Rep. J. E. SMITH demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Allen Anthony Bannister Bingham Cato Ceips Chalk Chellis Clark Clemmons Clyburn Cobb-Hunter Coleman Cooper Dantzler Davenport Edge Frye Hagood Haley Hardwick Harvin Hayes Herbkersman J. Hines M. Hines Hinson Huggins Jefferson Kennedy Kirsh Leach Littlejohn Loftis Lucas Martin McCraw McGee McLeod Merrill Ott Owens Perry Phillips E. H. Pitts Rhoad Rice Rivers Sandifer Sinclair Skelton D. C. Smith J. R. Smith Stewart Talley Taylor Thompson Toole Umphlett Vaughn Weeks Whipper White Whitmire Witherspoon Young
Those who voted in the negative are:
Anderson Bales Ballentine Battle Bowers Brady Branham Breeland G. Brown J. Brown Funderburk Harrison Haskins Hosey Howard Jennings Limehouse Mack Mahaffey Miller Mitchell Moody-Lawrence J. H. Neal Neilson Parks Rutherford J. E. Smith Vick
So, the amendment was tabled.
Rep. CATO moved that the House do now adjourn, which was agreed to.
Further proceedings were interrupted by adjournment, the pending question being consideration of amendments, cloture having been ordered.
The Senate returned to the House with concurrence the following:
H. 4870 (Word version) -- Reps. Taylor, Duncan and M. A. Pitts: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF UNITED STATES HIGHWAY 221 IN LAURENS COUNTY FROM ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 39 TO ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 72 THE "JOE B. MEDLOCK MEMORIAL HIGHWAY" AND TO ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "JOE B. MEDLOCK MEMORIAL HIGHWAY".
H. 5007 (Word version) -- Rep. Allen: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE REVEREND JAMES E. MASSEY OF ANDERSON COUNTY FOR HIS OUTSTANDING CONTRIBUTIONS TO THE LIVES OF HIS CONGREGANTS AND CHURCH COMMUNITY UPON THE SEVEN YEAR ANNIVERSARY OF HIS LEADERSHIP OF HOLLY SPRINGS BAPTIST CHURCH.
H. 5008 (Word version) -- Rep. Hosey: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR JEAN BELCHER OF BARNWELL COUNTY FOR BEING NAMED 2006 SOUTH CAROLINA MOTHER OF THE YEAR, AND TO CONGRATULATE HER FOR REARING FOUR INTELLIGENT CHILDREN WHO CONTINUE TO SUCCEED PROFESSIONALLY IN THEIR RESPECTIVE FIELDS.
H. 5009 (Word version) -- Rep. M. A. Pitts: A CONCURRENT RESOLUTION TO HONOR THE MEMORY OF FALLEN LAW ENFORCEMENT OFFICER DEPUTY JOSEPH SCOTT QUARLES OF LAURENS COUNTY FOR HIS DEDICATION TO SERVING AND PROTECTING THE PEOPLE OF SOUTH CAROLINA, AND TO CELEBRATE THE ENTHUSIASM AND PROFESSIONALISM HE BROUGHT TO THE HIGH CALLING OF A CAREER IN LAW ENFORCEMENT.
H. 5010 (Word version) -- Rep. Bowers: A CONCURRENT RESOLUTION TO EXPRESS THE SINCERE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY UPON THE DEATH OF ISHAM NATHANIEL "I.N." RIZER OF COLLETON COUNTY, AND TO CONVEY THE DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
H. 5012 (Word version) -- Rep. M. A. Pitts: A CONCURRENT RESOLUTION TO COMMEND THE NATIONAL WILD TURKEY FEDERATION ON ITS DILIGENT EFFORTS TO THE CONSERVATION OF THE WILD TURKEY AND THE PRESERVATION OF OUR NATION'S HUNTING TRADITION, AND TO RECOGNIZE THE NUMEROUS PROGRAMS THAT SUPPORT THE FEDERATION'S MISSION.
At 1:28 p.m. the House, in accordance with the motion of Rep. E. H. PITTS, adjourned in memory of Mrs. Vance Myers of Lexington, to meet at 10:00 a.m. tomorrow.
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