Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:
Our thought for today is from Psalm 22:19: "O Lord, be not far off; O my strength, come quickly to help me."
Let us pray. We give thanks to You, O Most High, for the many opportunities of service You put before us. Now, give these men and women the power to carry out the opportunities of service to the people of this State. Keep them focused on the needs so the deeds will be done. Preserve our Nation, President, State, Governor, Speaker, Representatives and staff. Keep our defenders of freedom safe in Your care as they protect us. Comfort those who wait at home in their loneliness and anxiety and let them know of Your presence. In the name of our Lord, we pray. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. J. R. SMITH moved that when the House adjourns, it adjourn in memory of Gunner and Ryker Young of North Augusta, which was agreed to.
The following was received:
Columbia, S.C., May 18, 2006
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that the Report of the Committee of Conference on the following Bill, having been adopted by both Houses, it was ordered that the title be changed to that of an Act and the Act enrolled for ratification:
(R310) 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, AND TO PROVIDE FOR THE DURATION OF THIS CHAPTER AND ITS APPLICABILITY TO REHABILITATION EXPENSES.
Very respectfully,
President
Received as information.
Columbia, S.C., May 17, 2006
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has confirmed the Governor's appointment of:
Prisoner of War Commission
Term Commencing: July 1, 2003
Term Expiring: July 1, 2007
Seat: 1st Congressional District
Vice: Charles Youngblood (deceased)
Initial Appointment
Mr. Reginald B. Salisbury
2097 Cypress Camp Ground
Ridgeville, South Carolina 29472
Very respectfully,
President of the Senate
Received as information.
Columbia, S.C., May 17, 2006
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has confirmed the Governor's appointment of:
Prisoner of War Commission
Term Commencing: July 1, 2005
Term Expiring: July 1, 2009
Seat: 6th Congressional District
Reappointment
Mr. Charles R. Murray
200 Carolina Avenue
St. George, South Carolina 29477
803-563-4424-Office Phone
Very respectfully,
President of the Senate
Received as information.
Columbia, S.C., May 17, 2006
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has confirmed the Governor's appointment of:
Prisoner of War Commission
Term Commencing: July 1, 2005
Term Expiring: July 1, 2009
Seat: 3rd Congressional District
Reappointment
Mr. Talmadge P. Callison
2719 Country Farm Road
Greenwood, South Carolina 29646
864-227-1949-Office Phone
Very respectfully,
President of the Senate
Received as information.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:
S. 66 (Word version) -- Senators Short, Ford, Lourie, Cleary, Malloy and Ryberg: A BILL TO AMEND SECTIONS 44-61-120, AS AMENDED, 44-61-130, AS AMENDED, AND 44-61-330 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO EMERGENCY MEDICAL SERVICES, SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO INCLUDE GUIDELINES FOR THE ADMINISTRATION OF EPINEPHRINE IN A COMPREHENSIVE STATEWIDE EMERGENCY MEDICAL SERVICES PLAN; TO AUTHORIZE EMERGENCY MEDICAL TECHNICIANS TO POSSESS EPINEPHRINE; AND TO REQUIRE GUIDELINES FOR THE ADMINISTRATION OF EPINEPHRINE TO A CHILD SUFFERING FROM A SEVERE ALLERGIC REACTION.
Ordered for consideration tomorrow.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:
S. 1046 (Word version) -- Senator O'Dell: A BILL TO AMEND SECTION 44-29-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO DIRECT AND SUPERVISE VACCINATION, SCREENING, AND IMMUNIZATION, SO AS TO AUTHORIZE THE DEPARTMENT TO ESTABLISH AN IMMUNIZATION REGISTRY.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report with amendments on:
S. 1165 (Word version) -- Senator Land: A BILL TO AMEND SECTION 56-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL RESTRICTED DRIVER'S LICENSES TO MINORS BY THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE THAT THE RESTRICTIONS PLACED ON A DRIVER WHO IS ISSUED THIS LICENSE MAY BE MODIFIED OR WAIVED IF THE LICENSEE PROVES TO THE DEPARTMENT THAT THE RESTRICTIONS INTERFERE WITH TRAVEL BETWEEN THE LICENSEE'S HOME AND PLACE OF WORSHIP.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report with amendments on:
S. 1231 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTION 56-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS CONTAINED IN THE PROVISIONS RELATING TO THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO REVISE THE DEFINITIONS OF THE TERMS "STATE", "CONVICTION", AND "LOW SPEED VEHICLES", AND TO PROVIDE A DEFINITION FOR THE TERM "HOME JURISDICTION"; TO AMEND SECTION 56-1-640, RELATING TO THE DEPARTMENT OF MOTOR VEHICLES¿ POLICY OF REPORTING A CONVICTION OF A PERSON FROM ANOTHER STATE TO THE APPROPRIATE AUTHORITY OF HIS HOME STATE, SO AS TO MAKE TECHNICAL CHANGES, AND TO PROVIDE THAT A CONVICTION OF A PERSON FROM CANADA OR MEXICO THAT OCCURS IN THIS STATE SHALL BE REPORTED TO THE PERSON'S HOME COUNTRY; TO AMEND SECTION 56-1-747, RELATING TO THE DEFINITION OF THE TERM "CONVICTION", SO AS TO DELETE A REFERENCE TO ITS DEFINITION CONTAINED IN SECTION 56-1-2030; TO AMEND SECTION 56-1-790, RELATING TO THE RECORDING OF MOTOR VEHICLE CONVICTIONS OF RESIDENTS OF SOUTH CAROLINA THAT OCCUR IN OUT OF STATE JURISDICTIONS, SO AS TO PROVIDE THAT CERTAIN OUT OF STATE CONVICTIONS MUST NOT BE RECORDED ON THE PERSON'S DRIVING RECORD IN THIS STATE FOR HISTORICAL PURPOSES; TO AMEND SECTION 56-1-2030, AS AMENDED, RELATING TO DEFINITIONS OF TERMS CONTAINED IN THE SOUTH CAROLINA COMMERCIAL DRIVER'S LICENSE ACT, SO AS TO DELETE THE DEFINITION OF THE TERM "CONVICTION", AND TO REVISE THE DEFINITION OF THE TERM "HAZARDOUS MATERIALS"; TO AMEND SECTION 56-1-2100, RELATING TO THE ISSUANCE OF A COMMERCIAL DRIVER'S LICENSE, SO AS TO REVISE THE DESCRIPTION OF A VEHICLE THAT REQUIRES A DRIVER TO POSSESS A CLASS C COMMERCIAL DRIVER'S LICENSE; AND TO REPEAL SECTIONS 56-1-630, 56-1-710, AND 56-1-1310, RELATING TO THE DEFINITIONS OF TERMS CONTAINED IN THE DRIVER LICENSE COMPACT, THE DEFINITION OF THE TERM 'CONVICTION' AS IT RELATES TO THE POINT SYSTEM FOR EVALUATING OPERATING RECORDS OF DRIVERS, AND THE DEFINITION OF THE TERM "CONVICTED" AS IT RELATES TO THE ISSUANCE OF PROVISIONAL DRIVER'S LICENSES.
Ordered for consideration tomorrow.
The following was introduced:
H. 5183 (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, 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 HOUSE RESOLUTION TO HONOR AND THANK REPRESENTATIVE MARTY W. COATES FOR HIS FIVE YEARS OF SERVICE TO THE CITIZENS OF FLORENCE AND SUMTER COUNTIES AS WELL AS THE STATE OF SOUTH CAROLINA, AND TO EXTEND BEST WISHES TO HIM IN ALL OF HIS FUTURE ENDEAVORS.
Whereas, to serve the State of South Carolina as a member of the General Assembly is one of the highest honors that can be bestowed upon a South Carolinian; and
Whereas, born July 14, 1963, in Dillon, South Carolina, Representative Coates is the son of Clyde and Bessie H. Coates; and
Whereas, graduating from North Carolina State University with a Bachelor of Science degree in 1986, Representative Coates married Mary Bridgette Parker and they have two children, Luke and Rachel; and
Whereas, Representative Coates is a member of the Board of Deacons at Ebenezer Baptist Church; and
Whereas, as a member of the Florence County Bush for President, he served as co-chairman; and
Whereas, a retired Major, Representative Coates received the Bronze Star, United States Meritorious Service Medal with two oak leaf clusters, and served in Desert Shield and Desert Storm; and
Whereas, throughout his past five years of service in the House of Representatives, Representative Coates has served both his State and his community with pride, and the Palmetto State is truly grateful for the time, energy, and commitment Representative Coates has made. Now, therefore,
Be it resolved by the House of Representatives:
That members of the House of Representatives wish to honor and thank Representative Marty W. Coates for his five years of service to the citizens of Florence and Sumter Counties as well as the State of South Carolina, and to extend best wishes to him in all of his future endeavors.
Be it further resolved that a copy of this resolution be presented to the Honorable Marty W. Coates.
The Resolution was adopted.
The following was introduced:
H. 5184 (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, 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 HONOR AND THANK REPRESENTATIVE JESSE EDISON HINES FOR HIS THIRTEEN YEARS OF SERVICE TO THE CITIZENS OF DARLINGTON AND FLORENCE COUNTIES, AS WELL AS TO THE STATE OF SOUTH CAROLINA, AND TO EXTEND BEST WISHES TO HIM IN ALL OF HIS FUTURE ENDEAVORS.
Whereas, to serve the State of South Carolina as a member of the General Assembly is one of the highest honors that can be bestowed upon a South Carolinian; and
Whereas, Representative Jesse Edison Hines, born May 23, 1933, in Florence County, the son of Columbus Hines and the late Amy Williams Hines McAllister, was a veteran of the United States Army and is a retired school administrator; and
Whereas, Representative Hines married Neverseen Sandra Kennedy and are the proud and devoted parents of two children, Wanda and Jesse, Jr.; and
Whereas, graduating from South Carolina State University with a B.S.A. in 1955 and a M.Ed. in 1967, Representative Hines has had a distinguished career in public education as a teacher of Agriculture in Darlington County, the Director of Vocational Education for the Lee County School District, the Director of Adult and Community Education and Interim Superintendent in Florence School District Four, and a member of the Darlington County Board of Education; and
Whereas, a faithful member of the Board of Deacons at Meadow Prong Baptist Church, Representative Hines also is an active member of the Meadow Lodge #246 Free and Accepted Masons, a member of the Lamar Town Council, and a member of the NAACP; and
Whereas, Representative Hines has been named Phi Beta Sigma Outstanding Graduate Brother for the Southeastern Region, Outstanding Secondary Educator in America, and Citizen of the Year by Omega Psi Phi Fraternity, and he has served as Critic Teacher for South Carolina State University and Clemson University; and
Whereas, throughout his long and distinguished political career, Representative Hines has served both his State and his community with pride, and the Palmetto State is truly grateful for the time, energy, and commitment Representative Hines has made. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives wish to honor and thank Representative Jesse Edison Hines for his thirteen years of service to the citizens of Darlington and Florence Counties, as well as to the State of South Carolina, and extend best wishes to him in all of his future endeavors.
Be it further resolved that a copy of this resolution be presented to the Honorable Jesse Edison Hines.
The Resolution was adopted.
The following was introduced:
H. 5185 (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, 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 HONOR AND THANK THE HONORABLE JAMES GLADNEY MCGEE III OF FLORENCE FOR HIS NINE YEARS OF SERVICE TO THE CITIZENS OF FLORENCE COUNTY AS WELL AS THE STATE OF SOUTH CAROLINA, AND TO EXTEND BEST WISHES TO HIM IN ALL OF HIS FUTURE ENDEAVORS.
Whereas, to serve the State of South Carolina as a member of the General Assembly is one of the highest honors that can be bestowed upon a South Carolinian; and
Whereas, born July 22, 1959, in Darlington County, Representative James Gladney McGee III "Jim" is the son of James G. McGee, Jr., and Claire Redman McGee; and
Whereas, he received his Bachelor of Arts degree from the University of South Carolina in 1982, and after an illustrious career in broadcasting, he attended the University of South Carolina School of Law and obtained his Juris Doctorate degree in 1995; and
Whereas, Representative McGee is the devoted husband of Kathy M. Shirley, and together they have one child, James G. McGee IV; and
Whereas, Representative McGee is a member of the South Carolina and Florence County Bar Associations and is an active member of Pisgah United Methodist Church; and
Whereas, during his service in the House of Representatives, he was a valued member of the House Judiciary Committee until he moved on to the powerful Ways and Means Committee where he continued to make a significant impact for his constituents in House District 63; and
Whereas, elected to the House of Representatives in 1997, Representative McGee has made a lasting impact on members and staff alike with his gregarious personality, and his presence and the constant smile on his face will be sorely missed; and
Whereas, Representative Jim McGee has served both his State and his community with pride and distinction, and the Palmetto State is truly grateful for the time, energy, and commitment he has made during his nine-year tenure in the House of Representatives. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the South Carolina House of Representatives, by this resolution, honor and thank the Honorable James Gladney McGee III of Florence for his nine years of service to the citizens of Florence County as well as the State of South Carolina and extend best wishes to him in all of his future endeavors.
Be it further resolved that a copy of this resolution be presented to the Honorable James Gladney McGee III.
The Resolution was adopted.
The following was introduced:
H. 5186 (Word version) -- Reps. Harrell, Agnew, Allen, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrison, 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 HONOR AND THANK REPRESENTATIVE JOHN GRAHAM ALTMAN III FOR HIS NINE YEARS OF SERVICE TO THE CITIZENS OF CHARLESTON COUNTY AS WELL AS THE STATE OF SOUTH CAROLINA, AND TO EXTEND BEST WISHES TO HIM IN ALL OF HIS FUTURE ENDEAVORS.
Whereas, to serve the State of South Carolina as a member of the General Assembly is one of the highest honors that can be bestowed upon a South Carolinian; and
Whereas, born on June 15, 1934, in Charleston, South Carolina, Representative Altman is the son of J. Graham and Thelma P. Altman; and
Whereas, graduating from the University of South Carolina with a A.B. in 1956 and a LL.B. in 1958, Representative Altman married Teresa Charm Brown, and they have six children, John Graham IV, David, Terri, Bartlett, Tracie, and Mark; and
Whereas, a member of the Administrative Board at John Wesley United Methodist Church, Representative Altman also served as a lay leader and adult Sunday school teacher; and
Whereas, Representative Altman has served as Chairman on the Charleston County School Board, and, from 1959 to 1963, was Press Secretary to Governor Ernest Frederick Hollings; and
Whereas, throughout his past nine years of service in the House of Representatives, Representative Altman has served both his State and his community with pride, and the Palmetto State is truly grateful for the time, energy, and commitment Representative Altman has made. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives wish to honor and thank Representative John Graham Altman III for his nine years of service to the citizens of Charleston county as well as the State of South Carolina, and to extend best wishes to him in all of his future endeavors.
Be it further resolved that a copy of this resolution be presented to the Honorable John Graham Altman III.
The Resolution was adopted.
The following was introduced:
H. 5187 (Word version) -- Reps. G. R. Smith, Allen, Bannister, Cato, Hamilton, Haskins, Leach, Loftis, Rice, F. N. Smith, Taylor, Vaughn, Agnew, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, 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, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Limehouse, Littlejohn, 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, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Thompson, Toole, Townsend, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A HOUSE RESOLUTION TO HONOR AND THANK THE HONORABLE DANIEL L. TRIPP FOR HIS ELEVEN YEARS OF SERVICE TO THE CITIZENS OF GREENVILLE COUNTY AS WELL AS THE STATE OF SOUTH CAROLINA, AND TO EXTEND BEST WISHES TO HIM IN ALL OF HIS FUTURE ENDEAVORS.
Whereas, being elected to serve the State of South Carolina as a member of the General Assembly is one of the highest honors that can be bestowed upon a South Carolinian; and
Whereas, born September 5, 1970, in Greenville, South Carolina, Representative Daniel L. Tripp is the son of Walt and Betty Tripp; and
Whereas, in 1993, Representative Tripp graduated from Suffolk University with a Bachelor of Science degree and, in 2002, graduated from Winthrop University with a Masters in Business Administration. He also attended the Graduate Leadership Institute in Washington, D.C., in 1992, and participated in the South Carolina Student Legislature 1989-91; and
Whereas, Representative Tripp is married to Vanessa Hartman, and they have two children, Annabelle Morgan and Bailey Reagan; and
Whereas, President of Carolina Mortgage Solutions, Representative Tripp has contributed his expertise to serve as Vice Chairman of the Property & Casualty Insurance Committee for the National Conference of Insurance Legislators, and Chairman of the Natural Disasters Committee for the National Conference of State Legislatures; and
Whereas, throughout his past eleven years in the House of Representatives, Representative Daniel L. Tripp has served both his State and his community with pride, and the Palmetto State is truly grateful for the time and energy Representative Tripp has committed to South Carolina. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives wish to honor and thank the Honorable Daniel L. Tripp for his eleven years of service to the citizens of Greenville County as well as the State of South Carolina, and to extend best wishes to him in all of his future endeavors.
Be it further resolved that a copy of this resolution be presented to the Honorable Daniel L. Tripp.
The Resolution was adopted.
The following was introduced:
H. 5188 (Word version) -- Reps. G. R. Smith, Allen, Bannister, Cato, Hamilton, Haskins, Leach, Loftis, Rice, F. N. Smith, Taylor, Tripp, Agnew, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, 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, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Limehouse, Littlejohn, 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, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Thompson, Toole, Townsend, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A HOUSE RESOLUTION HONORING REPRESENTATIVE LEWIS RAYMOND VAUGHN FOR HIS SEVENTEEN YEARS OF SERVICE TO THE CITIZENS OF GREENVILLE COUNTY AND THE STATE OF SOUTH CAROLINA, AND EXTENDING BEST WISHES TO HIM IN ALL OF HIS FUTURE ENDEAVORS.
Whereas, serving the people of South Carolina as a member of the General Assembly is one of the highest honors that can be bestowed upon a South Carolinian; and
Whereas, the son of William R. and Sallie Allen Vaughn, Representative Lewis Raymond Vaughn served in the United States Army from 1950 through 1956, attended Draughon's Business College, and, in 1955, married Lila Mae Waldrop, and they have one child, Keith; and
Whereas, a retired businessman, Representative Vaughn was a manager at the Monsanto Company and worked at J. P. Stevens Incorporated and American Home Life Insurance Company; and
Whereas, elected to the House of Representatives in November, 1988, Representative Vaughn has served continuously since 1995 as Chairman of the Operations and Management Committee and, after twelve years, continues to be Chairman of the Greenville County Legislative Delegation and Vice Chairman of the Agency Head Salary Review; and
Whereas, in addition to his responsibilities serving as a member in the South Carolina House of Representatives, Representative Vaughn has served on the Hazardous Waste Management Committee, the Select Oversight Committee, the Screening Committee for the Employment Security Committee, and the State Developmental Disabilities Council Transition Task Force; and
Whereas, a member of the Greenville Technical College Greater Greer Advisory Board and the State Interagency Coordinating Council for Education of the Handicapped, Representative Vaughn is a member of the Blue Ridge Ruritan Club, Taylors Masonic Lodge No. 345, Scottish Rite Mason, and Hejaz Shrine Temple; and
Whereas, throughout his seventeen years of service in the House of Representatives, Representative Lewis Raymond Vaughn has served both his State and the Greenville community with great distinction, and the Palmetto State is truly grateful for the time, energy, and commitment Representative Vaughn brought to his public service; and
Whereas, it is appropriate for the members of the House of Representatives to pause in their deliberations to express their appreciation for the unmatched public service of this great son of South Carolina. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives, by this resolution, honor their colleague Representative Lewis Raymond Vaughn for his seventeen years of service to the citizens of Greenville County and the State of South Carolina, and extend to him best wishes in all of his future endeavors.
Be it further resolved that a copy of this resolution be presented to the Honorable Lewis Raymond Vaughn.
The Resolution was adopted.
The following was introduced:
H. 5189 (Word version) -- Reps. R. Brown, Bowers and Hodges: A HOUSE RESOLUTION TO HONOR THE RICH HISTORY OF JERICHO UNITED METHODIST CHURCH IN COLLETON COUNTY AND TO RECOGNIZE THE EXTRAORDINARY CONTRIBUTIONS OF THE CHURCH'S LAITY AND CLERGY AS THE CHURCH OBSERVES THE TWO HUNDRED FIFTIETH ANNIVERSARY OF THE FOUNDING OF ITS ANTECEDENTS.
The Resolution was adopted.
The following was introduced:
H. 5190 (Word version) -- Reps. Cooper, 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, 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, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A HOUSE RESOLUTION TO HONOR AND THANK REPRESENTATIVE RONALD PARKER TOWNSEND FOR HIS TWENTY-ONE YEARS OF SERVICE TO THE CITIZENS OF ABBEVILLE AND ANDERSON COUNTIES AS WELL AS THE STATE OF SOUTH CAROLINA UPON HIS RETIREMENT FROM THE HOUSE OF REPRESENTATIVES, AND TO EXTEND BEST WISHES TO HIM IN ALL OF HIS FUTURE ENDEAVORS.
Whereas, to serve the State of South Carolina as a member of the General Assembly is one of the highest honors that can be bestowed upon a South Carolinian; and
Whereas, born February 17, 1948, in Anderson County, Representative Ronald Parker Townsend is the son of William R. and Lena Mae Parker Townsend; and
Whereas, after graduating from Clemson University with a Bachelor of Science degree in 1970, Ronnie Townsend married his lovely wife, the former Patricia Lynn Fields, and they have two wonderful children, Lisa Marie and Laurie Anne; and
Whereas, elected to the House of Representatives in 1985, he presently serves as Chairman of the House Education and Public Works Committee in addition to serving as Chairman of the Anderson County Legislative Delegation and as a member of the Southern Regional Education Board; and
Whereas, seldom has a member of the General Assembly done as much for public education as has Ronnie Townsend. Under his leadership, the State of South Carolina enacted many new educational initiatives including the Educational Accountability Act, the Education Lottery, the Endowed Chair Higher Education program, and this year is starting a more comprehensive four-year-old kindergarten program; and
Whereas, prior to joining the General Assembly, he was active in local government. He was a member of the Anderson County ASCS County Commission from 1977 to 1983, and was a member on the Board of Trustees of the Anderson County School District Two from 1980 to 1984; and
Whereas, on the state level, he has also been a member of the Board of Directors of the Transportation Infrastructure Bank; member of the Education Oversight Committee; and Co-Chairman of the South Carolina Education Lottery Oversight Committee; and
Whereas, Ronnie Townsend is above all a man of faith. He is a deacon at Mt. Bethel Baptist Church, and he also serves as a Sunday School and Training Union teacher; and
Whereas, throughout his twenty-one years of service in the House of Representatives, Representative Ronald Parker Townsend has served both his State and his community with pride, integrity, and distinction, and the Palmetto State is truly grateful for the time, energy, and commitment he has made that has accomplished so much. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives honor and thank Representative Ronald Parker Townsend for his twenty-one years of service to the citizens of Abbeville and Anderson Counties as well as the State of South Carolina upon his retirement from the House of Representatives, and extend best wishes to him in all of his future endeavors.
Be it further resolved that a copy of this resolution be presented to the Honorable Ronald Parker Townsend.
The Resolution was adopted.
The following was introduced:
H. 5191 (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, 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 HONOR AND THANK REPRESENTATIVE MACK TORISE HINES FOR HIS ELEVEN YEARS OF SERVICE TO THE CITIZENS OF FLORENCE AND MARION COUNTIES, AS WELL AS TO THE STATE OF SOUTH CAROLINA, AND TO EXTEND BEST WISHES TO HIM IN ALL OF HIS FUTURE ENDEAVORS.
Whereas, to serve the State of South Carolina as a member of the General Assembly is one of the highest honors that can be bestowed upon a South Carolinian; and
Whereas, born December 2, 1946, in Florence County, Representative Mack Torise Hines is the son of Mack Torise and Susana Gregg Hines; and
Whereas, Representative Hines married Gladys Jackson and they are the proud and devoted parents of three children, Mack III, Michael, and Gregory; and
Whereas, a minister and shelter director for the homeless, in 1969 Representative Hines received his Bachelor of Arts degree from Allen University; in 1980 he received his Bachelor of Divinity from Morris College School of Religion; and in 2005 he received his Doctor of Ministry from Hood Theological Seminary; and
Whereas, presently serving as Assistant Secretary to the National Baptist Convention, USA, Representative Hines has served as past Secretary of the South Carolina Baptist E & M Convention, trustee on the Board of Morris College, Vice-Moderator for Florence and Affiliated Counties Union, Clerk of Pee Dee Baptist Association, Founder and Chairman of Wilsonian Clergy, Chairman of Pee Dee Investor's Group, Founder and President of the Mullins Area Ministerial Alliance, Co-Founder and Chairman of the Pee Dee Investor, Vice-Moderator of the Pee Dee Baptist Association, and he is a member of the NAACP; and
Whereas, throughout his long and distinguished political career, Representative Hines has served both his State and his community with pride, and the Palmetto State is truly grateful for the time, energy, and commitment Representative Hines has made. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives wish to honor and thank Representative Mack Torise Hines for his eleven years of service to the citizens of Florence and Marion Counties, as well as to the State of South Carolina, and extend best wishes to him in all of his future endeavors.
Be it further resolved that a copy of this resolution be presented to the Honorable Mack Torise Hines.
The Resolution was adopted.
The following was introduced:
H. 5192 (Word version) -- Reps. Kirsh, 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, 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, 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 HONOR AND THANK REPRESENTATIVE ELDRIDGE R. EMORY FOR HIS EIGHT YEARS OF SERVICE TO THE CITIZENS OF LANCASTER AND YORK COUNTIES AS WELL AS THE STATE OF SOUTH CAROLINA, AND TO EXTEND BEST WISHES TO HIM IN ALL OF HIS FUTURE ENDEAVORS.
Whereas, to serve the State of South Carolina as a member of the General Assembly is one of the highest honors that can be bestowed upon a South Carolinian; and
Whereas, born March 19, 1935, in Lancaster County, Representative Eldridge R. Emory is the son of the late Eldridge R. Emory, Sr., and the late Eunice H. Emory; and
Whereas, in 1955, Representative Emory married Perry Lee Faile, and they have three children, Eldridge III, Kathy, and Christi, and in 1958, he received his Bachelor of Arts degree from Wingate College; and
Whereas, a deacon at Immanuel Baptist Church, Representative Emory was also a member of the Sertoma Club and Jaycees and is a Mason and Shriner; and
Whereas, Representative Emory was a member of the Rotary Club; a member on County Council; served as past Chairman and board member of the South Carolina Council of Governments; serves as President of the Catawba Regional Council of Government; a board member of the Catawba Regional Development Corporation; and a board member and past President of Lancaster County Red Cross; and
Whereas, throughout his past eight years of service in the House of Representatives, Representative Emory has served both his State and his community with pride, and the Palmetto State is truly grateful for the time, energy, and commitment Representative Emory has made. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives wish to honor and thank Representative Eldridge R. Emory for his eight years of service to the citizens of Lancaster and York counties as well as the State of South Carolina, and to extend best wishes to him in all of his future endeavors.
Be it further resolved that a copy of this resolution be presented to the Honorable Eldridge R. Emory.
The Resolution was adopted.
The following was introduced:
H. 5193 (Word version) -- Reps. Kirsh, 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, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, 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 HONOR AND THANK REPRESENTATIVE E. DEWITT MCCRAW FOR HIS SEVENTEEN YEARS OF SERVICE TO THE CITIZENS OF CHEROKEE, CHESTER, AND YORK COUNTIES AS WELL AS THE STATE OF SOUTH CAROLINA, AND TO EXTEND BEST WISHES TO HIM IN ALL OF HIS FUTURE ENDEAVORS.
Whereas, to serve the State of South Carolina as a member of the General Assembly is one of the highest honors that can be bestowed upon a South Carolinian; and
Whereas, born on December 19, 1936, in Cherokee County, Representative E. DeWitt McCraw is the son of the late I. A. McCraw and the late Kathleen Floyd McCraw; and
Whereas, graduating from Gaffney High School, Representative McCraw attended Limestone College, and, in 1960, went on to marry Linda Clair Jefferies and they have four children: Dewitt, Jr., Jeffery, Paige, and John; and
Whereas, Representative McGraw is a deacon at the First Baptist Church, and has served his country as a former member of the South Carolina National Guard; and
Whereas, a farmer and retired employee from the South Carolina Tax Commission, Representative McCraw is a past President of the Lions Club; Chairman of the Board of Public Works; and a member of the Appalachian Council of Governments; and
Whereas, throughout his past seventeen years of service in the House of Representatives, Representative McCraw has served both his State and his community with pride, and the Palmetto State is truly grateful for the time, energy, and commitment Representative McGraw has made. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives wish to honor and thank Representative E. Dewitt McCraw for his seventeen years of service to the citizens of Cherokee, Chester, and York Counties as well as the State of South Carolina, and to extend best wishes to him in all of his future endeavors.
Be it further resolved that a copy of this resolution be presented to the Honorable E. DeWitt McCraw.
The Resolution was adopted.
The following was introduced:
H. 5194 (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, 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 HONOR AND THANK THE HONORABLE PHILLIP K. SINCLAIR FOR HIS FIVE YEARS OF SERVICE TO THE CITIZENS OF SPARTANBURG COUNTY AS WELL AS THE STATE OF SOUTH CAROLINA, AND TO EXTEND BEST WISHES TO HIM IN ALL OF HIS FUTURE ENDEAVORS.
Whereas, being chosen to serve the State of South Carolina as a member of the General Assembly is one of the highest honors that can be bestowed upon a South Carolinian; and
Whereas, born June 15, 1953, in Union, South Carolina, Representative Phillip K. Sinclair "Phil" is the son of William R. and Elsie L. Sinclair; and
Whereas, a graduate of Wofford College with an A.B. degree and of the University of South Carolina with a J.D. degree, Representative Sinclair is married to Vicki Reynolds Butler, and they have three children, Phillip, John, and William; and
Whereas, Representative Sinclair is a member and former deacon of Cedar Spring Baptist Church, and has served on the Boards of Directors of the Spartanburg County Board of Disabilities and Special Needs, the Mountainview Nursing Home, and the Charles Lea Center; and
Whereas, elected to the House of Representatives in 2001, Representative Sinclair has made a lasting impact and his presence and legal knowledge will be sorely missed, particularly as an advocate for important changes to the laws governing trusts and estates; and
Whereas, throughout his tenure in the House of Representatives, Representative Phil Sinclair has served both his State and his community with pride, and the Palmetto State is truly grateful for the time and energy Representative Sinclair has committed to South Carolina. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives wish to honor and thank the Honorable Phillip K. Sinclair for his five years of service to the citizens of Spartanburg County as well as the State of South Carolina, and extend best wishes to him in all of his future endeavors.
Be it further resolved that a copy of this resolution be presented to the Honorable Phillip K. Sinclair.
The Resolution was adopted.
The following was introduced:
H. 5195 (Word version) -- Reps. Kirsh, 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, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, 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, 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 HONOR AND THANK THE HONORABLE RALPH W. NORMAN OF ROCK HILL FOR HIS SERVICE TO THE CITIZENS OF YORK COUNTY AS WELL AS THE STATE OF SOUTH CAROLINA, AND TO EXTEND BEST WISHES TO HIM IN ALL OF HIS FUTURE ENDEAVORS.
Whereas, to serve the State of South Carolina as a member of the General Assembly is one of the highest honors that can be bestowed upon a South Carolinian; and
Whereas, born June 20, 1953, in York County, Representative Ralph W. Norman is the son of Warren and Mary Norman; and
Whereas, in 1975, Representative Norman received his Bachelor of Science degree from Presbyterian College and is a successful real estate developer in Rock Hill; and
Whereas, Representative Norman is married to Elaine Rice Norman, and together they have four children: Warren III, Caroline, Anne, and Mary Catherine; and
Whereas, past President of the Rotary Club and past Chairman of the Board of South Carolina Bank and Trust, Representative Norman has also served on the Board of Realtors, the York County Home Builders, the Piedmont Hospital, and the Board of Visitors for the Medical University of South Carolina; and
Whereas, elected to the House of Representatives in 2005, Representative Norman has made a lasting impact on members and staff alike with his truly charming and personable nature, and his presence will be sorely missed; and
Whereas, Representative Ralph W. Norman has served both his State and his community with pride and distinction, and the Palmetto State is truly grateful for the time, energy, and commitment he has made during his service in the House of Representatives. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the South Carolina House of Representatives, by this resolution, honor and thank the Honorable Ralph W. Norman of Rock Hill for his service to the citizens of York County as well as the State of South Carolina and extend best wishes to him in all of his future endeavors.
Be it further resolved that a copy of this resolution be presented to the Honorable Ralph W. Norman.
The Resolution was adopted.
The following was introduced:
H. 5196 (Word version) -- Reps. Bailey, Chellis, Harrell and Young: A CONCURRENT RESOLUTION TO CONGRATULATE THE PINEWOOD PREPARATORY SCHOOL BOYS SOCCER TEAM ON ITS OUTSTANDING WIN OF THE 2006 SCISA CLASS AAA SOCCER CHAMPIONSHIP, AND TO HONOR THE PLAYERS AND THEIR COACH, WINSTON HELMS, ON AN EXCEPTIONAL SEASON.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1419 (Word version) -- Senator Ryberg: A CONCURRENT RESOLUTION TO RECOGNIZE THE FIFTIETH ANNIVERSARY OF THE FEDERAL INTERSTATE HIGHWAY SYSTEM AND THE VITAL IMPACT IT HAS ON OUR STATE, ECONOMY, SECURITY, AND THE QUALITY OF LIFE OF OUR CITIZENS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Joint Resolution was introduced, read the first time, and referred to appropriate committee:
H. 5197 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION FOR MINORITY AFFAIRS, RELATING TO STATE RECOGNITION OF NATIVE AMERICAN INDIANS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3043, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
The roll call of the House of Representatives was taken resulting as follows:
Agnew Allen Anderson Anthony Bailey Bales Ballentine Bannister Barfield Battle Bingham Bowers Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Cobb-Hunter Coleman Cooper Dantzler Davenport Delleney Duncan Edge Emory Frye Govan Hagood Haley Hamilton Hardwick Harrell Harrison Harvin Hayes Herbkersman J. Hines M. Hines Hinson 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. 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 Walker Weeks Whipper White Whitmire Witherspoon Young
I came in after the roll call and was present for the Session on Thursday, May 18.
Thad Viers Bill Cotty Todd Rutherford Ted Vick Joseph Neal
The SPEAKER granted Rep. LUCAS a leave of absence for the remainder of the day.
The SPEAKER granted Rep. FUNDERBURK a leave of absence for the day to attend a Women in Government Conference.
The SPEAKER granted Rep. BRADY a leave of absence for the day to attend a Women in Government Conference.
The SPEAKER granted Rep. HIOTT a leave of absence for the day.
The SPEAKER granted Rep. ALTMAN a leave of absence for the day.
The SPEAKER granted Rep. HASKINS a leave of absence for the day.
On May 17 and May 18, none of my votes were recorded in the Journal, because although I was present early in the day on the 17th and later in the day on the 18th, I was on official business in Indianapolis as a speaker at the National Center for Community Prosecutions workshop, between those times.
Rep. Ted Vick
Announcement was made that Dr. Peter Neidenbach of Spartanburg is the Doctor of the Day for the General Assembly.
Rep. UMPHLETT presented to the House the Berkeley High School Mock Trial Team, the winners of the State Mock Trial Competition.
Rep. G. BROWN presented to the House the Lee Central High School Boys Varsity Basketball Team, the 2006 Class AA Champions, their coaches and other school officials.
Rep. BANNISTER presented to the House the Christ Church Episcopal School "Cavaliers" Boys Tennis Team, the 2006 South Carolina Independent Schools Association Class AA/A Champions, their coaches and other school officials.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. 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. 4977 (Word version)
Date: ADD:
05/18/06 HAMILTON
The following Bill was taken up, read the third time, and ordered sent to the Senate:
H. 5143 (Word version) -- Reps. McGee, Coates, Branham and J. Hines: A BILL TO AMEND ACT 239 OF 1981, AS AMENDED, RELATING TO THE FLORENCE COUNTY SCHOOL DISTRICT NO. 1 BOARD OF TRUSTEES, SO AS TO PROVIDE THAT MEMBERS OF THE BOARD OF TRUSTEES OF FLORENCE SCHOOL DISTRICT NO. 1 ELECTED FROM SEATS 3, 6, AND 9 AT THE MAY 2006 ELECTION SHALL SERVE FOR TERMS TO EXPIRE ON DECEMBER 31, 2010, AFTER THEIR SUCCESSORS ELECTED AT THE NOVEMBER 2010 ELECTION QUALIFY AND TAKE OFFICE.
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
H. 5182 (Word version) -- Reps. Bowers and Rivers: A BILL TO AMEND ACT 286 OF 1989, RELATING TO THE BOARDS OF TRUSTEES OF HAMPTON COUNTY SCHOOL DISTRICTS 1 AND 2, SO AS TO PROVIDE THAT THE TRUSTEES, AT THEIR DISCRETION, MAY RECEIVE AN ANNUAL SALARY UP TO THREE THOUSAND DOLLARS.
S. 1263 (Word version) -- Senators Ritchie, Peeler and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-165 SO AS TO ESTABLISH WITHIN THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL THE EXPEDITED REVIEW PROGRAM TO PROVIDE A VOLUNTARY EXPEDITED PROCESS FOR REVIEW OF PERMIT APPLICATIONS; TO REQUIRE THE DEPARTMENT TO PROMULGATE REGULATIONS FOR THE ADMINISTRATION OF THE PROGRAM, INCLUDING EXPEDITED PROCESS APPLICATION FEES; TO CREATE A PILOT PROGRAM TO TEST AND EVALUATE THE ECONOMIC AND ADMINISTRATIVE BENEFITS OF A STATEWIDE REVIEW PROGRAM; AND TO CREATE AN EXPEDITED REVIEW FUND THROUGH THE IMPOSITION OF THE EXPEDITED PROCESS APPLICATION FEES AND TO PROVIDE FOR THE ADMINISTRATION AND USE OF THIS FUND.
S. 925 (Word version) -- Senators Pinckney and Ford: A BILL TO AMEND CHAPTER 61, TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-61-25, RELATING TO PARTITIONS, SO AS TO GIVE ONE OR MORE OF THE JOINT TENANTS OR TENANTS IN COMMON THE RIGHT OF FIRST REFUSAL TO PURCHASE THE SUBJECT PROPERTY BEFORE ITS JUDICIAL PARTITION.
Rep. RIVERS explained the Bill.
S. 1353 (Word version) -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO CHILD SUPPORT GUIDELINES, DESIGNATED AS REGULATION DOCUMENT NUMBER 3044, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. SINCLAIR explained the Joint Resolution.
H. 5131 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SHELLFISH, DESIGNATED AS REGULATION DOCUMENT NUMBER 3002, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. LOFTIS explained the Joint Resolution.
H. 5139 (Word version) -- Reps. Emory and J. M. Neal: A BILL TO AMEND SECTION 7-7-350, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN LANCASTER COUNTY, SO AS TO ADD PETTUS PLACE AND POSSUM HOLLOW TO THE LIST OF VOTING PRECINCTS IN LANCASTER COUNTY.
On motion of Rep. WITHERSPOON, with unanimous consent, it was ordered that S. 1263 (Word version) be read the third time tomorrow.
On motion of Rep. RIVERS, with unanimous consent, it was ordered that S. 925 (Word version) be read the third time tomorrow.
On motion of Rep. SINCLAIR, with unanimous consent, it was ordered that S. 1353 (Word version) be read the third time tomorrow.
On motion of Rep. LOFTIS, with unanimous consent, it was ordered that H. 5131 (Word version) be read the third time tomorrow.
On motion of Rep. EMORY, with unanimous consent, it was ordered that H. 5139 (Word version) be read the third time tomorrow.
The following Bill was taken up:
S. 572 (Word version) -- Senators Leatherman and Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-35-25 SO AS TO PROVIDE THAT THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE SUPERSEDES ANY OTHER CONFLICTING LAW; BY ADDING SECTION 11-35-3850 SO AS TO REDESIGNATE THE FORMER SECTION 11-35-4020 PROVIDING FOR THE SALE OF UNSERVICEABLE MATERIALS AND EQUIPMENT BY A GOVERNMENTAL BODY; BY ADDING SECTION 11-35-4420 SO AS TO PROVIDE THAT THE CHIEF PROCUREMENT OFFICER AND THE AFFECTED LOCAL GOVERNMENTAL BODY HAVE THE OPPORTUNITY TO PARTICIPATE FULLY IN MATTERS PENDING BEFORE OR APPEALED FROM THE PROCUREMENT REVIEW PANEL; TO AMEND SECTIONS 11-35-40, 11-35-45, 11-35-210, 11-35-310, 11-35-410, 11-35-450, 11-35-510, 11-35-540, 11-35-710, 11-35-810, 11-35-820, 11-35-830, 11-35-845, 11-35-1030, 11-35-1210, 11-35-1220, 11-35-1230, 11-35-1240, 11-35-1410, 11-35-1510, 11-35-1520, ALL AS AMENDED, SECTIONS 11-35-1525 and 11-35-1528; AND SECTIONS 11-35-1530, 11-35-1550, 11-35-1560, 11-35-1575, 11-35-1825, 11-35-2010, 11-35-2030, 11-35-2210, 11-35-2410, 11-35-2440, 11-35-2710, 11-35-2720, 11-35-3020, 11-35-3030, 11-35-3040, 11-35-3060, 11-35-3220, 11-35-3230, 11-35-3240, 11-35-3245, 11-35-3410, 11-35-3510, 11-35-3820, 11-35-3840, 11-35-4210, 11-35-4220, 11-35-4230, 11-35-4340, 11-35-4410, 11-35-5220, 11-35-5230, 11-35-5240, 11-35-5260, AND 11-35-5270, ALL AS AMENDED, ALL RELATING TO THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, SO AS TO, AMONG OTHER THINGS, DELETE REFERENCES TO THE OFFICE OF GENERAL SERVICES OR DIVISION OF GENERAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD AND REPLACE THEM WITH THE TERMS "CHIEF PROCUREMENT OFFICER", "DESIGNATED BOARD OFFICE", OR "DESIGNATED BOARD OFFICER", AND TO PROVIDE FURTHER THAT THE CHIEF EXECUTIVE OFFICER OF THE BUDGET AND CONTROL BOARD DESIGNATE THE APPROPRIATE OFFICE OR SUBDIVISION OF THE BOARD OR OFFICER OR POSITION OF THE BOARD; TO REPLACE REFERENCES OF PROCUREMENT REQUIREMENTS FOR "GOODS AND SERVICES" WITH "SUPPLIES, SERVICES, AND INFORMATION TECHNOLOGY", REFINE AND CONFORM VARIOUS COMPETITIVE BIDDING MODES, TO INCREASE MAXIMUM DOLLAR THRESHOLDS IN SEVERAL INSTANCES, TO REDUCE THE POTENTIAL BIDDERS TO BE RANKED IN CERTAIN CONSTRUCTION CONTRACTS FROM FIVE TO THREE, TO REDUCE THE CONTRACT AMOUNT ALLOWING WAIVER OF A BOND AND SECURITY, AND TO ADJUST SMALL PURCHASE THRESHHOLDS AND AGENCY BASELINE CERTIFICATION; TO PROVIDE THAT A GOVERNMENTAL BODY HAVE A GOAL THAT TEN PERCENT OF ITS TOTAL DOLLAR AMOUNT OF PROCUREMENT FUNDS EXPENDED BE WITH A MINORITY BUSINESS ENTERPRISE AND TO INCREASE THE TAX CREDIT FOR DEALING WITH AN MBE TO FIFTY THOUSAND DOLLARS ANNUALLY OVER TEN YEARS; TO SHORTEN THE PROTEST DEADLINE; AND TO PROVIDE THAT THE CHIEF PROCUREMENT OFFICER AND AN AFFECTED GOVERNMENTAL BODY HAVE THE OPPORTUNITY TO PARTICIPATE FULLY IN A REVIEW OR APPEAL OF AN ADMINISTRATIVE OR LEGAL DECISION MADE PURSUANT TO THE PROCUREMENT CODE; TO AMEND SECTION 12-6-3350, RELATING TO TAX CREDITS FOR STATE CONTRACTORS AND SUBCONTRACTORS WITH MINORITY FIRMS, SO AS TO INCREASE THE CREDIT TO FIFTY THOUSAND DOLLARS ANNUALLY FOR TEN YEARS; AND TO REPEAL SUBARTICLE 11 OF ARTICLE 1, CHAPTER 35, TITLE 11 RELATING TO THE ACCEPTANCE OF GIFTS IN KIND OF ARCHITECTURAL AND ENGINEERING SERVICES BY A GOVERNMENTAL BODY; SECTION 11-35-1270, AS AMENDED, RELATING TO AUTHORITY TO CONTRACT FOR CERTAIN SERVICES, AND SUBARTICLE 5 OF ARTICLE 15, CHAPTER 35, TITLE 11 RELATING TO THE CONTINUATION OF CERTAIN PROVISIONS OF LAW.
The question then recurred to the passage of the Bill on third reading.
Rep. W. D. SMITH demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Allen Anderson Anthony Bailey Bales Ballentine Bannister Barfield Battle Bingham Bowers Branham Breeland G. Brown J. Brown Cato Ceips Chalk Chellis Clemmons Clyburn Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Duncan Edge Emory Govan Hagood Haley Hamilton Hardwick Harrell Harrison Hayes Herbkersman J. Hines M. Hines Hinson Hodges Hosey Huggins Jefferson Jennings Kirsh Leach Limehouse Littlejohn Loftis Mack Mahaffey McCraw McGee McLeod Merrill Miller Mitchell J. M. Neal Neilson Norman Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Rhoad Rice Rivers Rutherford Sandifer Scarborough Scott Simrill Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Stewart Talley Taylor Thompson Toole Townsend Tripp Umphlett Vaughn Walker Weeks White Whitmire Witherspoon Young
Those who voted in the negative are:
So, the Bill was read the third time and ordered returned to the Senate with amendments.
The following Bills were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification:
S. 1100 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTIONS 56-15-350, 56-16-180, AND 56-19-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DENIAL, SUSPENSION, OR REVOCATION OF A DRIVER'S LICENSE, AND AN APPLICATION FOR A CERTIFICATE OF TITLE FOR A MOTOR VEHICLE, SO AS TO REVISE A REFERENCE TO A PROVISION OF FEDERAL LAW.
S. 1208 (Word version) -- Senator Land: A BILL TO AMEND ARTICLE 7, CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT AND OPERATION OF SHOOTING PRESERVES, SO AS TO REVISE THE MANNER OF THEIR ESTABLISHMENT, THE LEGAL SHOOTING PRESERVES SPECIES, AND OTHER PROVISIONS PERTAINING TO THE OPERATION OF SHOOTING PRESERVES.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments:
S. 1287 (Word version) -- Senator Verdin: A BILL TO AMEND SECTION 56-23-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRIVER INSTRUCTOR PERMITS, SO AS TO PROVIDE THAT PRIVATE HIGH SCHOOL INSTRUCTORS ARE NOT REQUIRED TO PAY A FEE FOR A DRIVER INSTRUCTOR PERMIT.
The following Bill was taken up:
S. 1205 (Word version) -- Senators Grooms, Verdin, Hutto, Peeler, Williams, Land, Bryant, O'Dell, Jackson, Cromer, Ford, Knotts and Setzler: A BILL TO AMEND CHAPTER 45 OF TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NUISANCE SUITS PERTAINING TO AGRICULTURAL OPERATIONS, SO AS TO PROVIDE THAT WITH CERTAIN EXCEPTIONS LOCAL ORDINANCES IN CONFLICT WITH STATE LAW OR REGULATIONS GOVERNING AN AGRICULTURAL FACILITY OR OPERATION, ARE NULL AND VOID AND TO FURTHER DEFINE WHAT CONSTITUTES AN AGRICULTURAL OPERATION.
The question then recurred to the passage of the Bill on third reading.
Rep. W. D. SMITH demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Allen Anderson Anthony Bailey Bales Ballentine Bannister Barfield Battle Bingham Bowers Branham Breeland G. Brown J. Brown Cato Ceips Chalk Chellis Clemmons Clyburn Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Duncan Edge Frye Govan Hagood Haley Hamilton Hardwick Harrell Hayes J. Hines M. Hines Hinson Hodges Hosey Huggins Jefferson Jennings Kennedy Kirsh Leach Littlejohn Loftis Mack Mahaffey Martin McCraw McGee McLeod Merrill Miller Mitchell Moody-Lawrence J. M. Neal Neilson Norman Owens Perry Phillips Pinson E. H. Pitts M. A. Pitts Rhoad Rice Rivers Rutherford Sandifer Scarborough Scott Simrill Sinclair Skelton G. M. Smith G. R. Smith J. R. Smith W. D. Smith Stewart Talley Taylor Thompson Toole Townsend Tripp Umphlett Vaughn Walker Weeks White Whitmire Witherspoon Young
Those who voted in the negative are:
Harvin
So, the Bill was read the third time, passed and having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The following Bill was taken up:
S. 1346 (Word version) -- Senator Sheheen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-1-115 SO AS TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL PROVIDE PUBLIC NOTICE PRIOR TO THE ISSUANCE OF A CONSTRUCTION PERMIT FOR A FACILITY THAT STORES SLUDGE OR OTHER RESIDUALS AND THAT IS NOT LOCATED AT THE SITE OF AN EXISTING WASTEWATER OR SLUDGE TREATMENT FACILITY.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\ 12539AC06), which was adopted:
Amend the bill, as and if amended, by striking Section 48-1-115 of the 1976 Code, as contained in SECTION 1, and inserting:
/Section 48-1-115. The department shall provide public notice before issuing a construction permit pursuant to Regulation 61-67 for a facility that stores sludge or other residuals, or any combination of these, that is not located at the site of a wastewater or sludge treatment facility permitted pursuant to Regulation 61-67. Public notice must be provided in accordance with Regulation 61-9." /
Renumber sections to conform.
Amend title to conform.
Rep. LOFTIS explained the amendment.
The amendment was then adopted.
Rep. KIRSH proposed the following Amendment No. 2 (Doc Name COUNCIL\NBD\12563AC06), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. Chapter 1, Title 48 of the 1976 Code is amended by adding:
"Section 48-1-118. Notwithstanding any other provision of law, a facility, or other entity, that stores sludge or other residuals, or any combination of these, may not store, disperse, distribute, or dispose of sludge or other residuals, or any combination of these, that are produced outside of this State."/
Renumber sections to conform.
Amend title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Rep. HERBKERSMAN proposed the following Amendment No. 3 (Doc Name COUNCIL\MS\7434AHB06), which was ruled out of order:
Amend the bill, as and if amended, by adding the following appropriately numbered SECTION:
/ SECTION __. Chapter 9, Title 6 of the 1976 Code is amended by adding:
"Section 6-9-14. A municipality or county may not charge a permit fee or require a permit for a wheelchair access ramp built with Medicare or Medicaid dollars as long as the construction is performed, overseen, or inspected by an Americans with Disabilities Act inspector."/
Renumber sections to conform.
Amend title to conform.
Rep. HERBKERSMAN explained the amendment.
Rep. SCARBOROUGH raised the Point of Order that Amendment No. 3 was out of order in that it was not germane to the Bill.
Rep. HERBKERSMAN argued contra.
SPEAKER HARRELL sustained the Point of Order and ruled the amendment out of order.
Rep. HAGOOD proposed the following Amendment No. 4 (Doc Name COUNCIL\NBD\12599AC06), which was ruled out of order:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. A. Whereas, the General Assembly finds that:
(1) isolated wetlands serve important environmental functions such as providing habitat for wildlife, protecting water quality, and providing flood control;
(2) isolated wetlands offer important economic and recreational benefits such as hunting, fishing, bird watching, and tourism;
(3) the isolated wetlands in South Carolina have sustained a historical degradation, resulting in the need for an effective program to limit the degradation of isolated wetlands and to provide, where and when appropriate, for long-term restoration and enhancement of isolated wetlands in South Carolina that have degraded or have been lost in the past;
(4) changes in federal, state, and local policies have decreased the rate of isolated wetland losses in recent years;
(5) recent interpretations by the United States Supreme Court regarding the scope and reach of the federal Clean Water Act have limited the federal government's role in regulating impacts on isolated wetlands, delegating much authority to the states;
(6) the United States Supreme Court has indicated that regulation of land and water use is a traditional and primary power of the states;
(7) many of the state's isolated wetlands exist on privately owned property;
(8) the State of South Carolina will implement an effective, balanced program to manage activities in and around isolated wetlands that:
(a) conserves and enhances environmentally significant isolated wetland functions;
(b) requires mitigation to compensate for unavoidable isolated wetland disturbances;
(c) recognizes the need for essential public infrastructure, such as highways, utilities, ports, airports, sewer systems, and public water supply systems, and the need to preserve strong local tax bases;
(d) respects and protects individual private property rights; and
(e) provides for sustained economic growth.
Whereas, it is the policy of the State of South Carolina to:
(1) enact a permitting program for activities in isolated wetlands under this act that balances isolated wetland protection with economic growth;
(2) conserve isolated wetlands without significant adverse impacts on the state, regional, and local economy, including significant reductions in state and local tax receipts;
(3) encourage the conservation and restoration of isolated wetland functions where appropriate;
(4) achieve the goal of no net loss of isolated wetlands, except as otherwise stated in this act, when measured in terms of functions provided by the isolated wetlands on a statewide basis;
(5) implement the regulatory program authorized under this act to ensure that landowners are not denied the reasonable use of their property;
(6) streamline the permitting process for minimal impact projects in isolated wetlands;
(7) ensure an efficient and cost-effective isolated wetland regulatory program; and
(8) minimize regulatory gridlock by designating one state agency to implement the regulatory program for wetlands determined to be isolated by the federal government.
B. Title 48 of the 1976 Code is amended by adding:
Section 48-38-10. This chapter may be cited as the 'South Carolina Isolated Wetlands Act of 2006'.
Section 48-38-20. For purposes of this chapter:
(1) 'Abandoned' means no construction, mining, processing, or reclamation activities have occurred during the previous seven years.
(2) 'Activities' means the discharge of dredged or fill material into waters, as defined in Section 48-1-10(2), as well as the draining, ditching, dewatering, or other alteration of the physical and chemical integrity of a wetland.
(3) 'Board' means the Board of the South Carolina Department of Health and Environmental Control.
(4) 'Carolina Bay' is a natural shallow depression largely fed by rain and shallow groundwater, with an elliptical shape and generally a northwest to southeast orientation.
(5) 'Mitigation' or 'Mitigation project' means in order of acceptability:
(a) avoiding impact by not performing the activity in isolated wetlands;
(b) minimizing impacts by limiting the degree or magnitude of the action and its implementation;
(c) rectifying the impact by repairing, rehabilitating, or restoring the affected environment;
(d) reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action;
(e) compensating for the impact by replacing or providing substitute resources or environments.
(6) 'Department' means the South Carolina Department of Health and Environmental Control.
(7) 'Discharge of dredged or fill material' means the addition of dredged or fill material into isolated wetlands.
(8) 'Fill material' is material placed in an isolated wetland where the material has the effect of:
(a) replacing any portion of an isolated wetland with dry land; or
(b) changing the bottom elevation of any portion of an isolated wetland. Fill material includes, but is not limited to, rock, sand, soil, clay, wood chips, overburden from mining or other excavation activities, and materials used to create any structure or infrastructure in an isolated wetland.
(9) 'Feasible' means available and capable of being done after taking into consideration cost, existing technology, and logistics in light of the overall project purposes.
(10) 'Isolated wetlands' means those areas that are inundated or saturated by water at a frequency or duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions and that are not regulated under the federal Clean Water Act. The term 'isolated wetlands' does not include:
(a) waste treatment systems, including treatment ponds or lagoons, not constructed in isolated wetlands, designed to comply with water quality standards of the State;
(b) stormwater management facilities, or a drainage or irrigation ditch, located in upland, including storm water retention ponds;
(c) an artificially irrigated area that would revert to upland if the irrigation ceased;
(d) a waterfilled depression created in uplands incidental to construction activity, or to excavation activity, for the purpose of obtaining fill, sand, gravel, aggregates, or minerals unless these activities have been abandoned and the area otherwise meets the definition of isolated wetlands; or
(e) depressions in upland soil resulting solely from traffic from vehicles and human activity, excluding activity intended to change the elevation, slope, or composition and structure of wetland soils.
(f) wet areas created solely as a result of state or other public road construction after the effective date of this chapter.
(11) 'Mitigation bank' means a site where wetlands are restored, created, or preserved expressly for the purpose of providing compensatory mitigation credits for compliance with mitigation requirements of an approved permit in accordance with the provisions of this chapter.
(12) 'Compensatory mitigation' may include restoration, enhancement, preservation of wetlands or the debiting of credits from a wetlands mitigation bank.
(13) 'Person' means an individual, public or private corporation, political subdivision, government agency, municipality, industry, co-partnership, association, firm, trust, estate, or any other legal entity.
Section 48-38-30. Wetlands regulated by the federal government under the federal Clean Water Act are not under the jurisdiction of the department for purposes of this chapter.
Section 48-38-40. A delineation approved by a federal agency under Section 404 of the federal Clean Water Act within five years of submittal to the department may be accepted by the department but are not binding on the agency if there is evidence of fraud, bad faith, mistake, inaccuracy, or negligent misrepresentation by the applicant or agent procuring the delineation.
Section 48-38-50. (A) The department, after notice and opportunity for comment by affected parties, and using the procedures and criteria for permit issuance set forth in this chapter, shall issue permits for the activities in isolated wetlands regulated under this chapter.
(B) The content of the application for permits for activities in isolated wetlands is specified below. Upon receipt of an application, the department may require additional information to make the application complete. At a minimum the application must contain:
(1) the name, address, phone numbers, principal place of business of the applicant; the name, address, and phone number of the property owner, if different from the applicant; and, if applicable, the name, address, and phone number of the agent for the applicant;
(2) a complete description of the proposed permitted activity, including the location, affected water bodies, purpose and intent of the project, and maps, drawings, and plans sufficient for review purposes; detailed engineering plans are not required;
(3) a description of all proposed activities reasonably associated with the proposed permitted project either directly or indirectly, including planned or proposed future development that relate to water quality or other environmental considerations;
(4) a description of the composition, source, and quantity of any material derived from activities as defined in Section 48-38-20(2) or to be dredged, or used as fill and a description of the area to be impacted, including the area of activities or fill in acres and a wetlands delineation or approximation, as appropriate;
(5) the method used to carry out activities as defined in Section 48-38-20(2), or the method of dredging, or filling and specific plans for disposal and control of dredge spoils; and
(6) the names and addresses of adjacent property owners.
(C) Within fourteen calendar days after the receipt of an application for an individual permit, the department shall notify the applicant if the application is complete. If the application is not complete, the department shall include in the notice an itemized list of the information or materials that are necessary to complete the application. If the applicant fails to provide information or materials that are necessary to complete the application within forty-five calendar days after the department's receipt of the application, the department may return the incomplete application to the applicant and take no further action on the application. The department shall make a good faith determination of completeness of any application made.
(D) Except as provided in this section, the department shall provide public notice of the receipt of a complete application for an individual permit. Notices must be archived and posted on the department's website. The notice must contain sufficient information for the reader to understand the location, nature, and extent of the proposed activity; solicit comments and state the comment deadline and an address to which comments must be sent; and provide a contact for further information. Public notice of the application must be by each of the following methods:
(1) by the department mailing a copy of the Notice of Application to:
(a) the applicant;
(b) any agency with jurisdiction over or interest in the activity or disposal site;
(c) owners or residents of property adjoining the area of the proposed activity as identified in the application;
(d) newspapers of local interest in the area;
(2) by the applicant publishing the Notice of Application in a newspaper of local or general circulation reasonably expected to cover the area affected by the activity. The publication must contain sufficient information for the reader to understand the location, nature, and extent of the proposed activity and a contact for further information. The applicant shall provide the department with an affidavit of publication from the newspaper within fifteen days of publication; and
(3) by the department publishing on its website or equivalent publicly available electronic media, when available.
(E) The department shall coordinate with other regulatory agencies and develop joint procedures for publication of notices of applications, where feasible, to minimize duplication.
(F) The department shall accept comments and requests for a public hearing from affected parties concerning the application for thirty days following the publication of notice concerning the application. If the department determines that an application is of a type that is routinely granted and the impacts are minor, the department may reduce the notice period to fifteen days. The department shall hold a public informational hearing whenever twenty or more individual written requests are received during the public comment period and which raise water quality and classified use issues. A hearing, conducted by department staff, may also be held whenever department staff determines that it may be useful in reaching a decision on an application. When applicable, joint public hearings must be held with federal or other agencies.
(G) The department may coordinate and receive comments from other agencies before the department issues a permit. State agencies that provide comments or object to the issuance of a permit must defend their objection by providing testimony. The department may deny a permit based on an objection of a federal or state agency, but the department shall issue a permit over the objection of another agency if the department finds justification for issuing the permit.
(H) The department shall provide a written explanation to an applicant for an individual permit of the basis for a proposed denial of an application within thirty calendar days of the denial.
(I) The department may not deny a permit without review and stating a basis for denial.
(J) The department shall make final decisions on all applications within one hundred eighty calendar days or the applicant is due a full refund of all fees paid to the department for the application and processing the application. An administrative appeal tolls the running of the one hundred eighty-day period.
Section 48-38-60. (A) The department shall determine whether to issue a permit for an activity in isolated wetlands based on a sequential analysis that, to the maximum extent practicable:
(1) avoids adverse impact on the isolated wetlands;
(2) minimizes the adverse impact on isolated wetland functions that cannot be avoided; and
(3) compensates for any loss of isolated wetland functions that cannot be avoided or minimized.
(B) A permit must be issued if the applicant has demonstrated that the activity is consistent with the provisions of this chapter, applicable regulations and the State Water Quality Standards, provided for in R. 61-68, and is not contrary to the public interest.
(C) Activities, as defined in Section 48-38-20(2), in wetlands, are deemed to be permitted if the wetlands affected are less than or equal to 0.5 acres. This provision is allowed only once for each project site. Mitigation is not required for these impacts.
(D)(1) Except as otherwise provided in this section, requirements for compensatory mitigation must be imposed when the department finds that an activity undertaken under this section will result in the unavoidable loss or degradation of isolated wetland functions where the loss or degradation is not temporary.
(2) When determining mitigation requirements in a specific case, the department shall take into consideration the type of isolated wetland affected by the activity, and the nature of the impact on wetland functions, whether any adverse effects on isolated wetlands are of a permanent or temporary nature. The mitigation requirement must be calculated based upon the specific impact of a particular project.
(3) The department shall consider the mitigation requirement of this section to be met with respect to activities in isolated wetlands if the activities are carried out in accordance with an approved reclamation plan or permit that requires re-contouring and re-vegetation so that preexisting wetlands functions are fully restored.
(4) Compensatory mitigation requirements may be calculated by use of the Charleston District Corps of Engineers' Standard Operating Procedures for Compensatory Mitigation used in South Carolina, or in accordance with standards promulgated by the department in regulation.
(5) If mitigation is required and if on-site mitigation is not a feasible alternative, then off-site mitigation may come from a mitigation bank with available credits in the service area. Only mitigation banks approved under the Joint State and Federal Administrative Procedures for the Establishment and Operation of Wetland Mitigation Banks in South Carolina or the Federal Guidance for the Establishment, Use and Operation of Mitigation Banks (60 C.F.R. 58,605 (November 28, 1995)) or under such guidelines as may be promulgated by the department in regulation, and with an appropriate service area may be considered to be in compliance with the requirements of this subsection. Mitigation from a mitigation bank must be supplied from an approved mitigation bank where wetland functions have already been restored. If a mitigation bank is not available, an in-lieu bank must be accepted if the service area is appropriate. Where possible, mitigation should be in an isolated wetland.
(6) Any mitigation under this section must involve a clearly defined mitigation project that is subject to a formal agreement with the department and for which adequate assurance of success and timely implementation have been given including, but not limited to, long term monitoring and maintenance provisions and appropriate protective mechanisms.
(E) No activity may be permitted in a Carolina Bay of any size except public transportation projects where the impact to the human or natural environment caused by avoiding the Carolina Bay would be significantly greater than the impact to the Carolina Bay; activities that restore or enhance the isolated wetlands; and activities associated with National Pollutant Discharge Elimination System permitted discharges approved pursuant to the federal Clean Water Act and state water quality standards.
Section 48-38-70. (A) The following activities are not prohibited by or otherwise subject to regulation under this chapter:
(1) normal farming, silviculture, aquaculture, and ranching activities including, but not limited to, plowing, regeneration of forest stands, seeding, cultivating, haying, grazing, normal maintenance activities, minor drainage, harvesting for the production of food, fiber, forest products, or upland soil and water conservation practices;
(2) activities for the purpose of maintenance, including emergency reconstruction of recently damaged parts, of currently serviceable structures including, but not limited to, dikes, dams, levees, flood control channels or other engineered flood control facilities, water control structures, water supply reservoirs, groins, riprap, breakwaters, causeways, and bridge abutments or approaches, and transportation structures;
(3) activities for the purpose of maintenance of farm or stock ponds, or irrigation canals or ditches, or the maintenance of drainage ditches;
(4) activities for the purpose of construction of temporary sedimentation basins on a construction site which do not include placement of fill material into waters of the State;
(5) activities for the purpose of construction or maintenance of farm roads, forest roads, temporary roads for moving mining equipment, or access roads for utility lines if the roads are constructed and maintained in accordance with best management practices to ensure that the reach of the wetland is not decreased;
(6) mining activities in isolated wetlands conducted pursuant to a federal, state, regional, or local permit that requires the reclamation of the affected isolated wetlands if the reclamation will be completed within a reasonable period of time after completion of activities at the site and, upon completion of the reclamation, the isolated wetlands will support functions generally equivalent to the functions supported by the isolated wetlands at the time of commencement of the activities;
(7) activities for the management, enhancement, or creation of a wetland habitat to enhance isolated wetlands for waterfowl hunting, if the wetland and surrounding area are kept in an otherwise natural condition; and
(8) activities related to routine and emergency maintenance, repair, replacements of, or minor improvements to, utility and common carrier facilities including, but not limited to, electricity, natural gas, communications, water, sewer, transportation, and railroad facilities, as long as those activities do not result in an enlargement of the project or result in a discharge. The term 'emergency' as used in this subsection includes catastrophic events, whether natural or manmade, or emergency orders to protect the public's health and safety. The term 'maintenance' as used in this subsection includes the cutting of vegetation not regulated by the Army Corps of Engineers for jurisdictional wetlands.
(B) Any activity in items (1) through (8) of subsection (A) that brings an isolated wetland into a use not included in items (1) through (8) is subject to permitting under this section. Any transportation project permitted pursuant to Section 404 of the federal Clean Water Act does not require a permit under this section so long as the requirements related to federal jurisdictional wetlands, including mitigation as defined in Section 48-38-20(5), are equally applied to isolated wetland impacts.
(C) Any state or otherwise publicly-owned isolated wetlands located upon lands otherwise open for public recreation, including waterfowl hunting, must be open to the same type of public recreation, subject to state and federal law.
(D) Activities in the Coastal Zone that require a permit or notification pursuant to the South Carolina Stormwater Management and Sediment Reduction Act, provided the permit application is filed with the department prior to the effective date of this chapter, are not prohibited by or otherwise subject to regulation under this chapter.
Section 48-38-80. (A) The department, after notice and opportunity to affected parties for comment and a public hearing, shall issue general permits for any category of activities similar in nature and effect if the department determines that the activities in the category causes only minimal adverse environmental effects when performed separately, and will have only minimal cumulative adverse effect on the environment. The department may prescribe best management practices or other appropriate special conditions for any general permit issued under this section for isolated wetlands larger than 0.5 acre in size.
(B) No general permit issued under this section may be effective for a period of more than five years after the date of its issuance and the general permit may be revoked or modified by the department if, after notice and opportunity to affected parties for comment and a public hearing, the department determines that the activities authorized by the general permit are not in compliance with the requirements of this chapter.
(C) A notice of the adoption or change of a general permit under this chapter must be published in the South Carolina State Register.
(D) Consistent with the above requirements, general permits are envisioned for the following:
(1) activities impacting one acre or less but more than 0.5 acre of isolated wetlands, if adequate mitigation is provided;
(2) activities for the placement of a structural member for a pile-supported structure, such as a pier or dock, or for a linear project such as a bridge, transmission, or distribution line footing, or elevated or other walkway. These activities do not include special clearing activities or techniques that meet the Army Corps of Engineers criteria for exemption for jurisdictional wetlands permitting.
(3) construction of bulkheads or other structures for the sole purpose of preventing bank erosion or collapse if no fill is necessary;
(4) repair or replacement of structures or fill in existence on the effective date of this chapter, so long as the original structure is not expanded so as to require additional square footage of regulated areas impacted;
(5) fill required for remediation of any hazardous waste site, whether pursuant to RCRA, CERCLA, or the state's solid or hazardous waste statutes; and
(6) fill required for compliance with a state or federal order related to enforcement of state or federal statutes regulating fill of waters or wetlands or navigable waters.
Section 48-38-90. (A) Appeals from decisions pursuant to this chapter must comply with the Administrative Procedures Act. However, appeals of federal delineations, as allowed under Section 48-38-30, generally must follow the federal appeals process, unless a party is appealing a decision with respect to areas determined to be outside federal jurisdiction, and these appeals may be included in an appeal of a permit decision pursuant to the Administrative Procedures Act.
(B) The applicant or other affected person with standing to contest the grant or denial of an application may request a contested case hearing regarding the department's decision. The request must be made in accordance with the regulations of the department and the Rules of Procedure for the Administrative Law Court.
Section 48-38-100. (A) The department, within eighteen months after the effective date of this chapter and in consultation with appropriate state agencies, and stakeholders in the regulated community, and other interested and affected parties, shall issue regulations to implement this chapter. In promulgating these regulations, the department must be guided by wetlands regulations currently in effect under existing federal and state wetlands programs.
(B) Until these regulations are promulgated and take effect, the department shall implement this chapter using its inherent authority under the South Carolina Pollution Control Act and the regulations promulgated or to be promulgated thereunder, consistent with the dictates of this chapter.
(C) The department is authorized to promulgate a schedule of fees for providing services necessary to operate the permitting program and is further authorized to retain the fees for the operation of the permitting program. The amount of the fees may not exceed the cost of operating the isolated wetlands permitting program. The schedule of fees must be evaluated annually by the department.
Section 48-38-110. (A) The department may conduct inspections for determining compliance with isolated wetlands permits issued under this chapter.
(B) No person may violate any condition imposed by the department in a isolated wetlands permit issued under this chapter, and no person may conduct an activity in an isolated wetland, unless the activity is specifically exempted by this chapter or department regulations, without first obtaining a permit pursuant to this chapter.
(C) Pursuant to the South Carolina Pollution Control Act, the department may issue cease and desist orders, require restoration or similar activities, and assess penalties for any violations under this chapter.
Section 48-38-120. (A) Nothing in this chapter precludes or denies the right of any local government entity to control or regulate activities in any isolated wetlands within the jurisdiction of the regional or local government; provided any local ordinance, regulation, or standard must be consistent with and not more restrictive than the provisions of this chapter. This subsection is not applicable to local ordinances in place prior to this chapter's effective date.
(B) Nothing in this chapter, precludes adoption and enforcement of ordinances relating to land use regulations pursuant to Chapter 29 of Title 6, or ordinances to protect public safety and health."/
Renumber sections to conform.
Amend title to conform.
Rep. HAGOOD explained the amendment.
Rep. LOFTIS raised the Point of Order that Amendment No. 4 was out of order in that it was not germane to the Bill.
Rep. HAGOOD argued contra.
SPEAKER HARRELL sustained the Point of Order and ruled the amendment out of order.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. WITHERSPOON, with unanimous consent, it was ordered that S. 1346 (Word version) be read the third time tomorrow.
The following Bill was taken up:
S. 613 (Word version) -- Senators Fair and Hutto: A BILL TO AMEND SECTION 56-3-8000, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONPROFIT ORGANIZATIONS SPECIAL LICENSE PLATES, SO AS TO PROVIDE THAT A PORTION OF THE FEES FOR THESE SPECIAL LICENSE PLATES MUST BE DISTRIBUTED TO THE ORGANIZATION THAT SPONSORS THE SPECIAL LICENSE PLATE, AND TO REVISE THE NUMBER OF PREPAID APPLICATIONS FOR A SPECIAL LICENSE PLATE AND THE DEPOSIT THAT MUST BE RECEIVED BY THE DEPARTMENT OF MOTOR VEHICLES FROM A NONPROFIT ORGANIZATION BEFORE A SPECIAL LICENSE PLATE MAY BE PRODUCED.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\3788CM06):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 56-3-630 of the 1976 Code is amended to read:
"Section 56-3-630. The Department of Motor Vehicles shall classify as a private passenger motor vehicle every motor vehicle, except a motorcycle, motorcycle three- wheel vehicle, or motor-driven cycle, which is designed, used, and maintained for the transportation of ten or fewer persons and trucks having an empty weight of seven nine thousand pounds or less and a gross weight of nine eleven thousand pounds or less except a motorcycle, motorcycle three-wheel vehicle, or motor-driven cycle. The department shall classify a three-wheel vehicle by the manufacturers statement of origin for the vehicles initial registration. For subsequent registration, the department shall classify the three-wheel vehicle by its title document. This section does not relieve or negate any applicable fees required under Section 56-3-660."
SECTION 2. Section 56-3-8100 of the 1976 Code is amended to read:
"(A) Before the Department of Motor Vehicles produces and distributes a special license plate created by the General Assembly after January 1, 2000 2006, it must receive:
(1) four hundred prepaid applications for the special license plate or a deposit of four thousand dollars from the individual or organization seeking issuance of the license plate. If a deposit of four thousand dollars is made by an individual or organization pursuant to this section, the department must refund the four thousand dollars once an equivalent amount of license plate fees is collected for that organization's license plate. If the equivalent amount is not collected within four years of the first issuance of the license plate, then the department must retain the deposit; and
(2) a plan to market the sale of the special license plate which must be approved by the department; and
(3) the emblem, seal, or other symbol to be used for the plate and, if necessary, written authorization for the department to use a logo, trademark, or design that is copyrighted or registered.
If the individual or organization seeking issuance of the plate submits four thousand dollars, the Comptroller General shall place that money into a restricted account to be used by the department to defray the initial cost of producing the special license plate.
(B) The fee for all special license plates created by the General Assembly after January 1, 2006, is the regular biennial registration fee set forth in Article 5, Chapter 3 of this title plus an additional fee to be requested by the individual or organization seeking issuance of the plate. Each special license plate must be of the same size and general design of regular motor vehicle license plates. Each special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month the special license plate is issued.
(C) Of the additional fee collected pursuant to this section, the Comptroller General shall place sufficient funds into a special restricted account to be used by the Department of Motor Vehicles to defray the expenses of producing and administering special license plates. Any of the remaining fee not placed in the restricted account must be distributed to an organization designated by the individual or organization seeking issuance of the license plate.
(B)(D) If the department receives less than three hundred biennial applications and renewals for a particular special license plate, it shall not produce additional special license plates in that series. The department shall continue to issue special license plates of that series until the existing inventory is exhausted.
(C)(E) If the department receives less than three hundred biennial applications and renewals for plates created pursuant to Article 12, Chapter 3, Title 56; Article 14, Chapter 3, Title 56; Article 31, Chapter 3, Title 56; Article 39, Chapter 3, Title 56; Article 40, Chapter 3, Title 56; Article 43, Chapter 3, Title 56; Article 45, Chapter 3, Title 56; Article 49, Chapter 3, Title 56; Article 50, Chapter 3, Title 56; Article 60, Chapter 3, Title 56; Article 70, Chapter 3, Title 56; Article 72, Chapter 3, Title 56; and Article 76, Chapter 3, Title 56, it shall not produce additional special license plates in that series. The department shall continue to issue special license plates of that series until the existing inventory is exhausted.
(D) Notwithstanding any other provision of law, of the fees collected for the special license plate, the Comptroller General shall place sufficient funds into a special restricted account to be used by the Department of Motor Vehicles to defray the expenses of the Department of Motor Vehicles in producing and administering the special plate."
SECTION 3. Section 56-3-8200(A) of the 1976 Code is amended to read:
"(A) The Department of Motor Vehicles may issue motor vehicle license plates to members of Rotary International for private passenger motor vehicles registered in their names. The fee for this special license plate must be the regular motor vehicle license fee contained in Article 5, Chapter 3 of this title, the special fee required by Section 56-3-2020, and an additional special fee of forty fifty dollars which must be distributed to the Rotary District in which the purchaser's home club is located in this State. The department must report to the South Carolina Rotary District designee the district chosen by the license plate issue to which this fee must be distributed. The fee must be deposited in an account designated by each South Carolina Rotary District, and must be distributed properly by each district. Notwithstanding any other provision of law, of the fees collected for the special license plate, the Comptroller General shall place sufficient funds into a special restricted account to be used by the Department of Motor Vehicles to defray the expenses of the Department of Motor Vehicles in producing and administering the special plate. The license plates issued pursuant to this section must conform to a design agreed to by the department and the chief executive officer of the organization."
SECTION 4. Section 56-3-8300(A) of the 1976 Code is amended to read:
"(A) The Department of Motor Vehicles may issue special motor vehicle license plates to members of the Marine Corps League for private passenger motor vehicles registered in their names. The fee for this special plate must be the regular motor vehicle license fee contained in Article 5, Chapter 3 of this title which must be deposited in the state general fund and the special fee required by Section 56-3-2020 which must be deposited with the department. The fee for this license plate is the fee set forth for special license plates in Section 56-3-8100. Any portion of the additional thirty-dollar fee not set aside by the Comptroller General to defray the costs of production and distribution must be distributed to the South Carolina Department of the Marine Corps League. The license plates issued pursuant to this section must conform to a design agreed to by the department and the chief executive officer of the organization."
SECTION 5. Section 56-3-5400(A) of the 1976 Code as added by Act 54 of 2005, is amended to read:
"(A) The department may issue Fraternal Order of Police special license plates to owners of private passenger-carrying motor vehicles registered in their names who are active members in good standing with the Fraternal Order of Police. Identification of current membership must be presented at the time of initial application. The fee for each special license plate is thirty dollars every two years in addition to the regular motor vehicle license fee set forth in Article 5, Chapter 3 of this title. Each special license plate must be of the same size and general design of regular motor vehicle license plates. Each special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month the special license plate is issued. A person issued a special license plate pursuant to this section who is not or who ceases to be a member of the Fraternal Order of Police must remove the license plate from his vehicle on the date the license plate registration is due for renewal and obtain another valid license plate. A person who knowingly fails to surrender his license plate pursuant to this section is guilty of a misdemeanor and, upon conviction, may be fined one hundred dollars or sentenced to thirty days in jail, or both."
SECTION 6. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-6500. The Department of Motor Vehicles may issue 'United States Naval Academy' special license plates to owners of private passenger motor vehicles registered in their names. The applicant must be a graduate of the United States Naval Academy. The requirements for production and distribution of the plate are those set forth in Section 56-3-8100. The biennial fee for this plate is the regular registration fee set forth in Article 5, Chapter 3 of this title plus an additional fee of thirty dollars. Any of the additional thirty-dollar fee not set aside by the Comptroller General to defray costs of production and distribution must be distributed to the United States Naval Academy Alumni Association."
SECTION 7. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-7050. The Department of Motor Vehicles may issue 'United States Air Force Academy' special license plates to owners of private passenger motor vehicles registered in their names. The applicant must be a graduate of the United States Air Force Academy. The requirements for production and distribution of the plate are those set forth in Section 56-3-8100. The biennial fee for this plate is the regular registration fee set forth in Article 5, Chapter 3 of this title plus an additional fee of thirty dollars. Any of the additional thirty-dollar fee not set aside by the Comptroller General to defray costs of production and distribution must be distributed to the United States Air Force Academy Alumni Association."
SECTION 8. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-7310. The Department of Motor Vehicles may issue 'Support Our Troops' special license plates to owners of private passenger motor vehicles registered in their names. The requirements for production and distribution of the plate are those set forth in Section 56-3-8100. The biennial fee for this plate is the regular registration fee set forth in Article 5, Chapter 3 of this title plus an additional fee of thirty dollars. Any of the additional thirty-dollar fee not set aside by the Comptroller General to defray costs of production and distribution must be distributed to Support Our Troops, Inc."
SECTION 9. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-7320. The Department of Motor Vehicles may issue 'Emergency Medical Service' special license plates to owners of private passenger motor vehicles registered in their names. The requirements for production and distribution of the plate are those set forth in Section 56-3-8100. The biennial fee for this plate is the regular registration fee set forth in Article 5, Chapter 3 of this title plus an additional fee of thirty dollars. Any of the additional thirty-dollar fee not set aside by the Comptroller General to defray costs of production and distribution must be distributed to the South Carolina Emergency Medical Services Association."
SECTION 10. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-7330. The Department of Motor Vehicles may issue 'Boy Scouts of America' special license plates to owners of private passenger motor vehicles registered in their names. The requirements for production and distribution of the plate are those set forth in Section 56-3-8100. The biennial fee for this plate is the regular registration fee set forth in Article 5, Chapter 3 of this title plus an additional fee of thirty dollars. Any of the additional thirty-dollar fee not set aside by the Comptroller General to defray costs of production and distribution must be distributed to the South Carolina Indian Waters Council, Boy Scouts of America, to then be distributed to the other five Boy Scout councils serving counties in South Carolina."
SECTION 11. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-7340. The Department of Motor Vehicles may issue 'Native American' special license plates to owners of private passenger motor vehicles registered in their names. The requirements for production and distribution of the plate are those set forth in Section 56-3-8100. The biennial fee for this plate is the regular registration fee set forth in Article 5, Chapter 3 of this title plus an additional fee of thirty dollars. Any of the additional thirty-dollar fee not set aside by the Comptroller General to defray costs of production and distribution must be distributed to the Native American Prison Program of South Carolina."
SECTION 12. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-7350. The Department of Motor Vehicles may issue 'South Carolina Peach Council' special license plates to owners of private passenger motor vehicles registered in their names. The requirements for production and distribution of the plate are those set forth in Section 56-3-8100. The biennial fee for this plate is the regular registration fee set forth in Article 5, Chapter 3 of this title plus an additional fee of seventy dollars. Any of the additional seventy-dollar fee not set aside by the Comptroller General to defray costs of production and distribution must be distributed to the South Carolina Peach Council."
SECTION 13. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-7360. The Department of Motor Vehicles may issue 'Korean War Veterans' special license plates to owners of private passenger motor vehicles registered in their names who are Korean War Veterans who served on active duty in Korea at anytime during the Korean War. The applicant must present the department with a DD214, or other official documentation that states that he served on active duty in Korea upon initial application for this special license plate. The requirements for production and distribution of the plate are those set forth in Section 56-3-8100. The biennial fee for this plate is the regular registration fee set forth in Article 5, Chapter 3 of this title plus an additional fee of twenty dollars. Any of the additional twenty-dollar fee not set aside by the Comptroller General to defray costs of production and distribution must be distributed to the state general fund."
SECTION 14. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-7370. The Department of Motor Vehicles may issue 'Cancer Research Centers of the Carolinas' special license plates to owners of private passenger motor vehicles registered in their names. The requirements for production and distribution of the plate are those set forth in Section 56-3-8100. The biennial fee for this plate is the regular registration fee set forth in Article 5, Chapter 3 of this title plus an additional fee of fifteen dollars. Any of the additional fifteen-dollar fee not set aside by the Comptroller General to defray costs of production and distribution must be distributed to the Mary Crawley Medical Cancer Research Foundation to provide funding for the Cancer Research Centers of the Carolinas."
SECTION 15. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-7800. The Department of Motor Vehicles may issue 'South Carolina Aquarium' special license plates to owners of private passenger motor vehicles registered in their names. The requirements for production and distribution of the plate are those set forth in Section 56-3-8100. The biennial fee for this plate is the regular registration fee set forth in Article 5, Chapter 3 of this title plus an additional fee of fifty dollars. Any of the additional fifty-dollar fee not set aside by the Comptroller General to defray costs of production and distribution must be distributed to the South Carolina Aquarium."
SECTION 16. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 17. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. J. M. NEAL explained the amendment.
Rep. THOMPSON moved to adjourn debate on the Bill until Tuesday, May 23, which was agreed to.
On motion of Rep. M. A. PITTS, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary:
S. 1261 (Word version) -- Senators Verdin, Knotts, Mescher, Alexander, Grooms, Bryant, Peeler, Campsen, Leatherman, McConnell and Ryberg: A BILL TO AMEND SECTION 23-31-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF CONCEALABLE WEAPONS PERMITS, SO AS TO DEFINE "QUALIFIED NON-RESIDENT"; AND TO AMEND SECTION 23-31-215, RELATING TO THE ISSUANCE OF PERMITS OF CONCEALABLE WEAPONS PERMITS, SO AS TO PROVIDE THAT SLED MUST ISSUE A PERMIT TO CARRY A CONCEALABLE WEAPON TO A RESIDENT OR QUALIFIED NON-RESIDENT UPON PROPER APPLICATION.
On motion of Rep. DUNCAN, with unanimous consent, the following Bill was ordered recalled from the Committee on Medical, Military, Public and Municipal Affairs:
H. 3753 (Word version) -- Reps. Duncan, M. A. Pitts, Taylor, Altman, Hamilton, Hosey, Limehouse, Littlejohn and Umphlett: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-6-165 SO AS TO PROHIBIT A HOSPITAL THAT RECEIVES STATE FUNDS, INCLUDING MEDICAID FUNDS, TO PROVIDE NONREIMBURSABLE, NONEMERGENCY HEALTHCARE SERVICES TO AN ILLEGAL ALIEN UNLESS THAT PERSON PROVIDES PAYMENT FOR THESE SERVICES.
Rep. KIRSH asked unanimous consent to recall H. 5050 (Word version) from the Committee on Education and Public Works.
Rep. CLEMMONS objected.
Rep. TRIPP asked unanimous consent to recall S. 681 (Word version) from the Committee on Judiciary.
Rep. HARRISON objected.
On motion of Rep. CLYBURN, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works:
H. 4894 (Word version) -- Reps. Clyburn, Young, Cotty, Govan, Merrill, Davenport, Kennedy, Mitchell, J. H. Neal, Moody-Lawrence, Haskins, Allen, Mack, Hodges, W. D. Smith, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Coates, Cobb-Hunter, Coleman, Cooper, Dantzler, Delleney, Duncan, Edge, Frye, Funderburk, Hagood, Hamilton, Hardwick, Harrison, Herbkersman, J. Hines, Hinson, Hosey, Howard, Huggins, Jefferson, Leach, Limehouse, Mahaffey, Martin, McCraw, McGee, McLeod, Miller, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rutherford, Scarborough, Scott, Sinclair, Skelton, D. C. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Talley, Taylor, Toole, Townsend, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, White, Whitmire and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-18-1600 SO AS TO PROVIDE THAT A SCHOOL THAT HAS RECEIVED AN UNSATISFACTORY ACADEMIC PERFORMANCE RATING ON ITS MOST RECENT REPORT CARD SHALL OFFER AND PARENTS SHALL ATTEND AN ORIENTATION CLASS ON CERTAIN SCHOOL ISSUES.
Rep. THOMPSON asked unanimous consent to recall H. 5013 (Word version) from the Committee on Education and Public Works.
Rep. SKELTON objected.
On motion of Rep. G. M. SMITH, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary:
S. 601 (Word version) -- Senators Fair, Knotts, Thomas, Verdin, Cromer, O'Dell, Hayes, Land, Bryant, McGill and Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14, TITLE 24 SO AS TO CREATE THE SOUTH CAROLINA PAROLE AND PARDON AUTHORITY, TO PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES, INCLUDING TO PROVIDE THAT DECISIONS OF THE BOARD MUST BE RENDERED BY FIVE-MEMBER PANELS AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 1-3-240, AS AMENDED, RELATING TO REMOVAL OF GUBERNATORIAL APPOINTEES FROM OFFICE, SO AS TO CONFORM THIS SECTION TO THE PROVISIONS OF THIS ACT; TO AMEND SUBARTICLE 17, ARTICLE 30, CHAPTER 7, TITLE 20, RELATING TO JUVENILE PAROLE AND AFTER CARE, SO AS TO PROVIDE THAT THE SOUTH CAROLINA PAROLE AND PARDON AUTHORITY SHALL DETERMINE THE RELEASE OF JUVENILE OFFENDERS WHO HAVE COMMITTED CLASS A, B, C, AND D FELONIES AND OTHER ENUMERATED OFFENSES, TO PROVIDE THAT THE DEPARTMENT OF JUVENILE JUSTICE SHALL DETERMINE THE RELEASE OF JUVENILES WHO HAVE COMMITTED STATUS OFFENSES, AND OTHER OFFENSES NOT UNDER THE PURVIEW OF THE SOUTH CAROLINA PARDON AND PAROLE AUTHORITY, AND TO TRANSFER THE REMAINING POWERS AND DUTIES OF THE JUVENILE PAROLE BOARD TO THE SOUTH CAROLINA PAROLE AND PARDON AUTHORITY; TO AMEND SECTIONS 20-7-6910 AND 20-7-7810 AND 20-7-7815, BOTH AS AMENDED, AND 20-7-8025, ALL RELATING TO PROVISIONS CONTAINING REFERENCES TO THE JUVENILE PAROLE BOARD, SO AS TO CONFORM THESE PROVISIONS TO THE PROVISIONS OF THIS ACT; TO ADD SECTION 20-7-8522 SO AS TO PROVIDE THAT JUVENILE RECORDS MUST BE PROVIDED TO THE SOUTH CAROLINA PAROLE AND PARDON AUTHORITY FOR CONSIDERATION OF RELEASE FOR AN ADULT OFFENDER WHO HAD A JUVENILE RECORD; TO AMEND ARTICLE 1, CHAPTER 21, TITLE 24, RELATING TO THE BOARD OF PROBATION, PAROLE AND PARDON SERVICES, SO AS TO TRANSFER THE POWERS AND DUTIES OF THIS BOARD TO THE SOUTH CAROLINA PAROLE AND PARDON AUTHORITY; TO AMEND ARTICLES 7 AND 11 OF CHAPTER 21, TITLE 24, RELATING TO PROCEDURES AND REQUIREMENTS FOR PAROLE AND PARDON, SO AS TO CONFORM PROVISIONS IN THESE ARTICLES TO THE PROVISIONS OF THIS ACT; TO AMEND SECTIONS 24-13-1520, 24-21-220, 24-21-221, 24-21-280, 24-21-300, 24-21-480, 24-21-540, ALL AS AMENDED, SECTIONS 24-22-30, 24-22-40, AND 24-23-30, ALL RELATING TO VARIOUS PROVISIONS CONCERNING THE BOARD OF PROBATION, PAROLE AND PARDON SERVICES, SO AS TO CONFORM THESE PROVISIONS TO THE PROVISIONS OF THIS ACT; TO AMEND SECTIONS 44-48-30, 44-48-40, AND 44-48-50, ALL AS AMENDED, AND ALL RELATING TO PROVISIONS CONTAINING REFERENCES TO THE JUVENILE PAROLE BOARD AND THE BOARD OF PROBATION, PAROLE AND PARDON SERVICES, SO AS TO CONFORM THESE PROVISIONS TO THE PROVISIONS OF THIS ACT; AND TO REPEAL SUBARTICLE 5, ARTICLE 30, CHAPTER 7, TITLE 20, RELATING TO THE JUVENILE PAROLE BOARD.
The Senate amendments to the following Bill were taken up for consideration:
H. 3833 (Word version) -- Rep. White: A BILL TO AMEND SECTION 13-7-10 AND SECTIONS 13-7-40 AND 13-7-45, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF IONIZING AND NONIONIZING RADIATION AND THE LICENSURE AND REGULATION OF USERS OF SUCH RADIATION, SO AS TO DELETE REFERENCES TO NONIONIZING RADIATION.
Rep. WHITE moved to adjourn debate upon the Senate Amendments until Tuesday, May 23, which was agreed to.
The following Concurrent Resolution was taken up:
S. 1379 (Word version) -- Senators Jackson, Matthews, Lourie, Anderson, Malloy, Elliott, Scott, Patterson, Hutto, Setzler, Rankin, Leventis, McGill and Cleary: A CONCURRENT RESOLUTION URGING AND REQUESTING THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES AND THE SOUTH CAROLINA DEPARTMENT OF INSURANCE TO JOINTLY UNDERTAKE A STUDY OF THE TREATMENT OF OBESITY, INCLUDING THE COMPILATION OF DATA ON THE TREATMENT OF OBESITY THROUGH BARIATRIC SURGERY PERFORMED AT FACILITIES CERTIFIED BY THE AMERICAN SOCIETY FOR BARIATRIC SURGERY AS CERTIFIED BARIATRIC SURGERY CENTERS OF EXCELLENCE COMPARED TO FACILITIES NOT CERTIFIED BY THE AMERICAN SOCIETY FOR BARIATRIC SURGERY.
Whereas, obesity is the most significant nutritional disorder affecting health in the industrialized world; and
Whereas, obesity is a serious medical problem affecting up to one-third of all Americans; and
Whereas, a 1997 Kaiser Permanente study concluded that there is a significant potential for a reduction in health care expenditures through obesity prevention; and
Whereas, obesity is known to cause or exacerbate a number of serious disorders, including hypertension, dyslipidemia, cardiovascular disease, diabetes, respiratory dysfunction, gout, and osteoarthritis; and
Whereas, nearly eighty percent of patients with diabetes mellitus are obese; and
Whereas, nearly seventy percent of diagnosed cases of cardiovascular disease are related to obesity; and
Whereas, obesity ranks second only to smoking as a preventable cause of death, with 300,000 deaths annually attributable to obesity; and
Whereas, education, prevention, and proper treatment of obesity can reduce health care costs and improve the quality of life for a significant number of adults and children in South Carolina and across the United States. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That by this resolution, the members of the South Carolina General Assembly urge and request the South Carolina Department of Health and Human Services and the Department of Insurance to jointly collect and analyze data on individual cases of obesity. This analysis should include a comprehensive study including, but not limited to, disclosure of short term and long term complication and mortality rates by volume of bariatric surgeries performed at facilities certified by the American Society for Bariatric Surgery as a Bariatric Surgery Center of Excellence, compared to facilities not certified by the American Society for Bariatric Surgery, and recommendations as to the advisability, and safety, of bariatric surgery of clinically severe obesity as a cost effective alternative to long-term treatment of the condition. The departments are urged and requested to utilize private funds to complete this study and to make recommendations for obesity prevention and treatment to the General Assembly before January 16, 2011.
Be it further resolved that a copy of this resolution be forwarded to the Director of the Department of Health and Human Services and the Director of the Department of Insurance.
The Concurrent Resolution was adopted and sent to the Senate.
The following Concurrent Resolution was taken up:
S. 1425 (Word version) -- Senator Lourie: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO MANDATE NEWBORN SCREENING TESTING FOR SEVERE COMBINED IMMUNODEFICIENCY TO REDUCE THE NUMBER OF SENSELESS DEATHS ASSOCIATED WITH A LATE DIAGNOSIS OF THIS OFTEN DEADLY DISEASE.
Whereas, Severe Combined Immunodeficiency (SCID) is a rare primary immunodeficiency disease caused by a number of different genetic defects, which lead to extreme susceptibility to infection. SCID is generally considered to be the most serious of the primary immunodeficiencies; and
Whereas, SCID affects an estimated one in fifty thousand babies; however, scientists believe it may be even more prevalent due to the lack of diagnosis in many cases; and
Whereas, SCID is a curable disease if a diagnosis is made early enough in the child's life; and
Whereas, the cure for SCID is a bone marrow transplant, which has greater than a ninety percent success rate when performed before the onslaught of a severe infection; and
Whereas, the cost of a bone marrow transplant is a small fraction of the costs associated with multiple and prolonged hospitalizations for severe infections in children with SCID; and
Whereas, there is currently no screening test for SCID and approximately half of the babies born with SCID are detected only after they develop a severe infection. For many of these babies who develop infections, it is too late for a bone marrow transplant and they die as a result of the secondary infection; and
Whereas, the National Institute of Health in conjunction with other parties is currently working to develop a newborn screening test; and
Whereas, it is the hope of the doctors studying this disease, the parents of children affected with SCID, and the families grieving the loss of an affected child, that a newborn screening test can be developed and mandated to diagnose this disease early enough to prevent needless deaths of affected children. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, memorialize Congress to mandate testing at birth for Severe Combined Immunodeficiency to reduce the number of senseless deaths associated with a late diagnosis of this often deadly disease.
Be it further resolved that a copy of this resolution be forwarded to the members of the South Carolina Legislative Delegation of the United States Congress and to Dr. Rebecca Buckley, Department of Pediatrics, Division of Allergy and Immunology, Duke University Medical Center 2898, Durham, North Carolina, 27710.
The Concurrent Resolution was adopted and sent to the Senate.
The motion period was dispensed with on motion of Rep. SINCLAIR.
The following Joint Resolution was taken up:
H. 4977 (Word version) -- Reps. Cato, Sandifer, Cooper, Barfield, Mitchell, Anthony, Chellis, Delleney, Duncan, Edge, Harrison, Harvin, Jefferson, Jennings, Kennedy, Leach, Mahaffey, McCraw, Norman, Ott, Perry, Rice, Scott, Sinclair, F. N. Smith, J. E. Smith, W. D. Smith, Talley, Townsend, Tripp, Vick, Walker, White, Witherspoon, G. R. Smith and Hamilton: A JOINT RESOLUTION TO CREATE A STUDY COMMITTEE TO EXAMINE THE FEASIBILITY OF NATURAL GAS EXPLORATION IN THE ATLANTIC OCEAN OFF THE COAST OF SOUTH CAROLINA, TO PROVIDE FOR ITS COMPOSITION, APPOINTMENT, POWERS, DUTIES, AND RESPONSIBILITIES, AND TO REQUIRE THE COMMITTEE TO MAKE A REPORT ON ITS RECOMMENDATIONS TO THE GENERAL ASSEMBLY BEFORE JANUARY 13, 2007 AT WHICH TIME IT IS DISSOLVED.
Rep. MCLEOD moved to adjourn debate on the Joint Resolution.
Rep. CATO moved to table the motion, which was agreed to.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\ 3774DW06), which was tabled:
Amend the joint resolution, as and if amended, page 2, beginning on line 41, by deleting subitem (c) as contained in item (1), subsection (B), SECTION 1, and inserting:
/ (c) Secretary of Commerce representing the state's manufacturing industry; /.
Amend further, page 3, beginning on line 1, by deleting subitem (d) as contained in item (1), subsection (B), Section 1, and inserting:
/ (d) Speaker of the House of Representatives representing the state's coastal tourism interests; /.
Amend further, SECTION 1, page 3, immediately after line 42, by adding an appropriately lettered subsection to read:
/ ( ) The legislative members of the committee shall receive reimbursement for mileage and per diem expenses from their respective bodies in accordance with applicable rules of those bodies, and the other members of the committee shall receive reimbursement for mileage and per diem expenses from the Department of Commerce./
Renumber sections to conform.
Amend title to conform.
Rep. SANDIFER explained the amendment.
Rep. COBB-HUNTER raised the Point of Order that Amendment No. 1 was out of order in that it effected expenditures of money by the State and should have a fiscal impact statement attached.
SPEAKER HARRELL stated that House Rule 5.13 applied only to Bills, not amendments. He therefore overruled the Point of Order.
Rep. SANDIFER moved to table the amendment, which was agreed to.
The SPEAKER granted Rep. RHOAD a leave of absence for the remainder of the day.
Rep. MCLEOD proposed the following Amendment No. 2 (Doc Name COUNCIL\GJK\21226SD06), which was tabled:
Amend the joint resolution, as and if amended, by adding a new subsection immediately after subsection (B) to be appropriately lettered to read:
/ ( ) In addition to the eighteen members of the study committee provided for in subsection (B), there shall be six ex officio members of the study committee as follows:
(1) the Director of the Department of Health and Environmental Control or his designee to represent the state's public health and environmental constituencies;
(2) the Director of the Department of Natural Resources or his designee to represent the state's marine resource constituencies;
(3) the State Commissioner of Agriculture or his designee to represent the state's mariculture constituencies;
(4) the State Forester or his designee to represent the state's forest and timber constituencies;
(5) the President of Clemson University or his designee to represent the state's agribusiness constituencies; and
(6) the President of the University of South Carolina or his designee to represent the state's oceanography research constituencies./
Renumber sections to conform.
Amend title to conform.
Rep. MCLEOD explained the amendment.
Rep. MCLEOD spoke in favor of the amendment.
Rep. SANDIFER spoke against the amendment.
Rep. SANDIFER moved to table the amendment, which was agreed to.
Reps. HAGOOD and CATO proposed the following Amendment No. 3 (Doc Name COUNCIL\NBD\12577AC06), which was adopted:
Amend the joint resolution, as and if amended, by deleting all after the title and before the enacting words and inserting:
/Whereas, there are proposals before the United States Congress which would lift the federal moratorium for offshore natural gas drilling and allow coastal states to explore offshore drilling for natural gas; and
Whereas, the Outer Continental Shelf, which includes South Carolina's 187 miles of coastline, may be a source for increased supply of natural gas; and
Whereas, there may be benefits, including private and public economic benefits, to the exploration and drilling of natural gas; and
Whereas, there may be detriments, including degradation of the state's environment and quality of life, to the exploration and drilling of natural gas. Now, therefore,/
Amend the joint resolution further, Section 1(B) by deleting items (c) and (d) and inserting:
/ (c) Secretary of Commerce representing the state's manufacturing industry;
(d) Speaker of the House of Representatives representing the state's coastal tourism interests;/
Amend the joint resolution further, by deleting Section 1 (E) and inserting:
/(E) In conducting its study, the committee shall consider comprehensive implications relating to energy, economic development, tourism, commercial and recreational fishing, the environment, agriculture, manufacturing, public safety, national security, employment, and possible impacts on state and local economies. The committee shall seek expertise in order to consider these comprehensive affects. Such input shall be sought from interested and knowledgeable persons and public, private and non-profit organizations, including, but not limited to the following state agencies:
(i) Department of Commerce;
(ii) Department of Health and Environmental Control;
(iii) Department of Natural Resources;
(iv) Department of Parks, Recreation and Tourism; and
(v) State Energy Office of the Budget and Control Board./
Renumber sections to conform.
Amend title to conform.
Rep. HAGOOD explained the amendment.
The amendment was then adopted.
Rep. CATO explained the Joint Resolution.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Anthony Bailey Bannister Barfield Battle Bingham Bowers J. Brown Cato Ceips Chalk Chellis Clark Clemmons Cooper Cotty Dantzler Davenport Delleney Duncan Edge Emory Frye Hagood Haley Hamilton Hardwick Harrell Harrison J. Hines M. Hines Hinson Huggins Jefferson Jennings Leach Limehouse Loftis Mahaffey McCraw McGee Miller Mitchell Moody-Lawrence Neilson Norman Owens Pinson E. H. Pitts M. A. Pitts Rice Rutherford Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith Stewart Taylor Thompson Toole Tripp Umphlett Vaughn Viers Walker Weeks Whipper White Whitmire Witherspoon Young
Those who voted in the negative are:
Agnew Branham Breeland Cobb-Hunter Coleman Harvin Herbkersman Hodges Hosey Mack McLeod Merrill J. H. Neal Parks
So, the Joint Resolution, as amended, was read the second time and ordered to third reading.
I was temporarily out of the Chamber working with constituents during the vote on H. 4977. Had I been present, I would have voted in favor of passage of the Joint Resolution.
Rep. Robert S. Perry, Jr.
I was temporarily out of the Chamber for medical reasons during the vote on H. 4977. Had I been present, I would have voted in favor of the "study" Joint Resolution.
Rep. Becky R. Martin
On motion of Rep. CATO, with unanimous consent, it was ordered that H. 4977 (Word version) be read the third time tomorrow.
Rep. BATTLE moved that the House recur to the Morning Hour, which was agreed to.
The following was received from the Senate:
Columbia, S.C., May 18, 2006
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 3726:
H. 3726 (Word version) -- Reps. Ott, Clark, J. E. Smith, McGee, Witherspoon, Branham, Cobb-Hunter, Duncan, Hayes, Lucas, M. A. Pitts, Taylor and R. Brown: A BILL TO AMEND TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISH, GAME, AND WATERCRAFT, SO AS TO ENACT "CHANDLER'S LAW" BY ADDING CHAPTER 26 SO AS TO PROVIDE FOR THE REGULATION, REGISTRATION, AND TITLING OF ALL-TERRAIN VEHICLES BY THE DEPARTMENT OF NATURAL RESOURCES, INCLUDING THE REQUIREMENT THAT A PERSON UNDER SIXTEEN MUST COMPLETE A DRIVING SAFETY COURSE BEFORE HE MAY OPERATE AN ALL-TERRAIN VEHICLE AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS.
and asks for a Committee of Conference and has appointed Senators Hutto, Cromer and Bryant of the Committee of Conference on the part of the Senate.
Very respectfully,
President
Whereupon, the Chair appointed Reps. DUNCAN, M. A. PITTS and OTT to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
On motion of Rep. EMORY, with unanimous consent, the following was taken up for immediate consideration:
H. 5198 (Word version) -- Rep. Emory: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR TO THE PLAYERS, COACHES, AND SCHOOL OFFICIALS OF THE INDIAN LAND HIGH SCHOOL LADY WARRIORS SOFTBALL TEAM OF LANCASTER COUNTY AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF CONGRATULATING THEM ON THEIR OUTSTANDING WIN OF THE 2006 CLASS A STATE CHAMPIONSHIP, AND TO HONOR THE PLAYERS AND THEIR COACH, MONICA BARFIELD, ON AN EXCEPTIONAL SEASON.
Be it resolved by the House of Representatives:
That the members of the House of Representatives of the State of South Carolina, by this resolution, extend the privilege of the floor to the players, coaches, and school officials of the Indian Land High School Lady Warriors Softball Team of Lancaster County at a date and time to be determined by the Speaker for the purpose of congratulating them on their outstanding win of the 2006 Class A State Championship, and to honor the players and their coach, Monica Barfield, on an exceptional season.
The Resolution was adopted.
The following was introduced:
H. 5199 (Word version) -- Rep. Emory: A HOUSE RESOLUTION TO CONGRATULATE THE INDIAN LAND HIGH SCHOOL LADY WARRIORS SOFTBALL TEAM OF LANCASTER COUNTY ON ITS OUTSTANDING WIN OF THE 2006 CLASS A STATE CHAMPIONSHIP AND TO HONOR THE PLAYERS AND COACH MONICA BARFIELD ON AN EXCEPTIONAL SEASON.
The Resolution was adopted.
The following Bill was introduced, read the first time, and referred to appropriate committee:
H. 5200 (Word version) -- Reps. Hagood and Clemmons: A BILL TO AMEND SECTION 8-13-740, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC OFFICIALS REPRESENTED BEFORE A PUBLIC ENTITY, SO AS TO PROVIDE THAT A PUBLIC OFFICIAL IS NOT REQUIRED TO RESIGN DUE TO A CONFLICT OF INTEREST UNDER CERTAIN CIRCUMSTANCES.
Rep. HAGOOD asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. TRIPP objected.
Referred to Committee on Judiciary
Rep. COOPER moved that upon the completion of the Ratification of Acts, the House stand adjourned, which was agreed to.
At 1:00 p.m. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified:
(R295, S. 205 (Word version)) -- Senator Courson: AN ACT TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO ADD THE MARINE CORPS LEAGUE TO THE LIST OF VETERANS ORGANIZATIONS EXEMPT FROM THE AD VALOREM TAX.
(R296, S. 489 (Word version)) -- Senator Hayes: AN ACT TO AMEND SECTION 1-11-720, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES WHOSE EMPLOYEES, RETIREES, AND THEIR DEPENDENTS ARE ELIGIBLE TO PARTICIPATE IN THE STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO EXTEND THIS ELIGIBILITY TO THE CHILDREN'S TRUST FUND, A RESIDENTIAL GROUP FACILITY MEETING CERTAIN REQUIREMENTS, A FEDERALLY QUALIFIED HEALTH CENTER, COUNTY FIRST STEPS PARTNERSHIP, AND PALMETTO PRIDE.
(R297, S. 558 (Word version)) -- Senators Knotts, Cromer and Setzler: AN ACT TO AMEND SECTION 6-13-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP AND APPOINTMENT OF BOARD OF DIRECTORS OF A RURAL COMMUNITY WATER DISTRICT SO AS TO PROVIDE A METHOD FOR REVISING THE NUMBER AND METHOD OF BOARD APPOINTMENTS FOR DISTRICTS; AND TO REPEAL ACT 379 OF 2004 RELATING TO THE ESTABLISHMENT OF THE GILBERT-SUMMIT RURAL COMMUNITY WATER DISTRICT IN LEXINGTON COUNTY.
(R298, S. 772 (Word version)) -- Senator Mescher: AN ACT TO AMEND SECTION 56-5-3650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTORCYCLE FOOTRESTS, HANDLEBARS, AND REAR VIEW MIRRORS, SO AS TO DELETE THE PROVISION THAT SPECIFIES THE SIZE AND POSITION OF A MOTORCYCLE'S HANDLEBARS.
(R299, S. 836 (Word version)) -- Senator Moore: AN ACT TO AMEND JOINT RESOLUTION 210 OF 1987, RELATING TO THE PURCHASE OF NOTES OF THE CLARK'S-HILL RUSSELL AUTHORITY BY THE DIVISION OF GENERAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD AND THE INTEREST RATE ON THESE NOTES, SO AS TO CORRECT THE NAME OF THE AUTHORITY TO THE DIVISION OF SAVANNAH VALLEY DEVELOPMENT AND TO PROVIDE THAT THE INTEREST RATE MUST BE DETERMINED PERIODICALLY BY THE STATE TREASURER, RATHER THAN SET AT A RATE OF EIGHT PERCENT PER YEAR.
(R300, S. 862 (Word version)) -- Senators Cleary, Ford, Hutto, Knotts, Malloy, Cromer, Drummond, Setzler, Land, Short, Scott, Bryant, Anderson, Elliott and Williams: AN ACT TO AMEND SECTION 15-41-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY EXEMPT FROM ATTACHMENT, LEVY, AND SALE, SO AS TO PROVIDE THAT THE EXEMPTION GRANTED TO A DEBTOR'S INTEREST IN PROPERTY USED AS A DEBTOR'S RESIDENCE DOES NOT EXCEED FIFTY THOUSAND DOLLARS, TO PROVIDE THAT THE EXCEPTION FOR THE AGGREGATE VALUE OF MULTIPLE HOMESTEAD EXEMPTIONS NOT EXCEED ONE HUNDRED THOUSAND DOLLARS, AND TO PROVIDE FOR THE MANNER IN WHICH THE ABOVE DOLLAR AMOUNTS SHALL BE ADJUSTED ANNUALLY TO REFLECT THE CHANGE IN THE CONSUMER PRICE INDEX.
(R301, S. 1116 (Word version)) -- Senators McConnell, Lourie, Ford, Cleary, Knotts, Sheheen, Alexander and Setzler: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10, CHAPTER 3, TITLE 23 SO AS TO ESTABLISH THE VULNERABLE ADULTS INVESTIGATIONS UNIT WITHIN THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION TO RECEIVE AND COORDINATE REFERRALS OF REPORTS OF ABUSE, NEGLECT, AND EXPLOITATION OF VULNERABLE ADULTS IN FACILITIES OPERATED BY, OR CONTRACTED WITH, THE DEPARTMENT OF MENTAL HEALTH OR THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS; TO AMEND SECTION 43-35-10, AS AMENDED, RELATING TO THE DEFINITION OF TERMS IN THE OMNIBUS ADULT PROTECTION ACT, SO AS TO REVISE THE DEFINITION OF "FACILITY" TO INCLUDE RESIDENTIAL PROGRAMS OPERATED BY, OR CONTRACTED WITH, THE DEPARTMENT OF MENTAL HEALTH OR THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS, AND TO REVISE THE DEFINITION OF "INVESTIGATIVE ENTITY" TO CLARIFY THAT THESE INVESTIGATIVE ENTITIES ARE PROGRAMS WITHIN THE DEPARTMENT OF SOCIAL SERVICES; TO AMEND SECTION 43-35-15, RELATING TO THE DUTIES AND PROCEDURES OF INVESTIGATIVE ENTITIES IN CONNECTION WITH ABUSE, NEGLECT, AND EXPLOITATION OF VULNERABLE ADULTS, SO AS TO PROVIDE THAT THE VULNERABLE ADULTS INVESTIGATIONS UNIT SHALL RECEIVE AND COORDINATE REFERRALS OF REPORTS OF ABUSE, NEGLECT, AND EXPLOITATION OF VULNERABLE ADULTS IN FACILITIES OPERATED BY, OR CONTRACTED WITH, THE DEPARTMENT OF MENTAL HEALTH OR THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS, TO PROVIDE THAT THE UNIT SHALL INVESTIGATE, OR REFER TO LAW ENFORCEMENT, THOSE REPORTS HAVING REASONABLE SUSPICION OF CRIMINAL CONDUCT, TO CLARIFY THAT THE LONG TERM CARE OMBUDSMAN AND THE ADULT PROTECTIVE SERVICES PROGRAM AT THE DEPARTMENT OF SOCIAL SERVICES SHALL INVESTIGATE NONCRIMINAL REPORTS, AND TO FURTHER PROVIDE FOR THE INVESTIGATION OF THESE INCIDENTS; TO AMEND SECTION 43-35-20, RELATING TO ADDITIONAL POWERS OF INVESTIGATIVE ENTITIES, SO AS TO PROVIDE THAT THESE ENTITIES SHALL HAVE ACCESS TO FACILITIES AS PERMITTED BY LAW; TO AMEND SECTION 43-35-25, RELATING TO PERSONS REQUIRED TO REPORT ABUSE, NEGLECT, AND EXPLOITATION OF VULNERABLE ADULTS, SO AS TO FURTHER CLARIFY THESE REPORTING RESPONSIBILITIES AND TO WHOM REPORTS MUST BE MADE; TO AMEND SECTION 43-35-35, RELATING TO REPORTING VULNERABLE ADULT DEATHS BELIEVED TO HAVE RESULTED FROM ABUSE OR NEGLECT, SO AS TO PROVIDE THAT ALL DEATHS OF A VULNERABLE ADULT IN FACILITIES OPERATED BY, OR CONTRACTED WITH, THE DEPARTMENT OF MENTAL HEALTH OR THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS MUST BE REPORTED TO THE VULNERABLE ADULTS INVESTIGATIONS UNIT; TO AMEND SECTION 43-35-40, RELATING TO INVESTIGATIVE ENTITIES REVIEWING REPORTS TO MAKE REFERRALS TO LAW ENFORCEMENT SO AS TO REQUIRE THESE ENTITIES TO REPORT CASES WITH REASONABLE SUSPICION OF CRIMINAL CONDUCT TO THE VULNERABLE ADULTS INVESTIGATIONS UNIT; TO AMEND SECTION 43-35-65, RELATING TO NOTICES REQUIRED TO BE PLACED IN FACILITIES CONCERNING DUTIES OF FACILITY PERSONNEL, SO AS TO REQUIRE THESE NOTICES TO CONTAIN FACILITY CONTACT INFORMATION; TO AMEND SECTION 43-35-80, RELATING TO ACTIONS OF THE ATTORNEY GENERAL AGAINST A PERSON OR FACILITY FOR FAILING TO EXERCISE REASONABLE CARE IN OPERATING A FACILITY FOR VULNERABLE ADULTS, SO AS TO PROVIDE THAT REFERRALS FOR SUCH ACTIONS ALSO MAY BE MADE BY THE VULNERABLE ADULTS INVESTIGATIONS UNIT; TO ADD ARTICLE 5 TO CHAPTER 35, TITLE 43 SO AS TO FURTHER PROVIDE FOR THE POWERS AND DUTIES OF THE VULNERABLE ADULTS INVESTIGATIONS UNIT IN THE INVESTIGATION OF VULNERABLE ADULT FATALITIES AND TO ESTABLISH THE VULNERABLE ADULT FATALITIES REVIEW COMMITTEE AND TO PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES; TO ADD SECTION 17-5-555 SO AS TO REQUIRE THE CORONER OR MEDICAL EXAMINER TO REPORT THE DEATH OF A VULNERABLE ADULT TO THE VULNERABLE ADULTS INVESTIGATIONS UNIT UNDER CERTAIN CIRCUMSTANCES; AND TO AMEND SECTION 44-7-2910, AS AMENDED, RELATING TO CRIMINAL RECORDS CHECKS FOR DIRECT CAREGIVERS, SO AS TO REQUIRE THESE RECORDS CHECKS ON DIRECT CAREGIVERS IN RESIDENTIAL PROGRAMS OPERATED BY, OR CONTRACTED WITH, THE DEPARTMENT OF MENTAL HEALTH OR THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS.
(R302, S. 1133 (Word version)) -- Senators Alexander, Bryant, Martin, Malloy, Mescher, Lourie, Gregory and Knotts: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-3870 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A MOTOR VEHICLE TO BE EQUIPPED WITH OR FOR THE OPERATOR OF A MOTOR VEHICLE TO EMPLOY ANY DEVICE THAT IS DESIGNED FOR JAMMING, SCRAMBLING, NEUTRALIZING, DISABLING, OR INTERFERING WITH RADAR, LASER, OR ANY OTHER ELECTRONIC DEVICE USED BY A LAW ENFORCEMENT AGENCY TO MEASURE THE SPEED OF A MOTOR VEHICLE, AND TO PROVIDE A PENALTY.
(R303, S. 1163 (Word version)) -- Senators Sheheen, Reese, Hutto and Elliott: AN ACT 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.
(R304, S. 1175 (Word version)) -- Senator Leatherman: AN ACT TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE TARGETED JOBS TAX CREDIT, SO AS TO REVISE THE DEFINITION OF "DISTRIBUTION FACILITY", TO PROVIDE THAT IN A COUNTY OF AT LEAST ONE THOUSAND SQUARE MILES IN SIZE AND WHICH HAS HAD AN UNEMPLOYMENT RATE GREATER THAN THE STATE AVERAGE AND AN AVERAGE PER CAPITA LOWER THAN THE STATE AVERAGE PER CAPITA INCOME FOR THE PAST TEN YEARS AND WHICH IS OTHERWISE NOT ELIGIBLE FOR ANY SPECIAL CLASSIFICATION, THE TARGETED JOBS TAX CREDIT ALLOWED IN THE COUNTY IS TWO TIERS HIGHER THAN THE CREDIT FOR WHICH THE COUNTY WOULD OTHERWISE QUALIFY; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO CONFORM THE DEFINITION OF DISTRIBUTION FACILITY TO THE REVISED DEFINITION PROVIDED BY THE AMENDMENT TO THE TARGETED JOBS TAX CREDIT IN THIS ACT; BY ADDING SECTION 12-6-3367 SO AS TO ALLOW A SMALL BUSINESS AN ALTERNATE METHOD FOR CLAIMING THE TARGETED JOBS TAX CREDIT; AND TO AMEND ACT 157 OF 2005, RELATING TO MISCELLANEOUS REVENUE AND FINANCING MEASURES, SO AS TO MAKE PERMANENT THE PROVISION OF THE TARGETED JOBS TAX CREDIT FOR SMALL BUSINESSES.
(R305, S. 1238 (Word version)) -- Senators McConnell, Moore, Rankin, Drummond, Land, Setzler, Leatherman, Peeler, Matthews, McGill, O'Dell, Elliott, Martin, Mescher, Ryberg, Short, Alexander, Grooms, Richardson, Verdin, Cromer, Bryant, Ford and Scott: AN ACT TO AMEND SECTION 58-31-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ABILITY OF THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY TO JOINTLY OWN A NUCLEAR POWER STATION AND RELATED TRANSMISSION FACILITIES WITH THE SOUTH CAROLINA ELECTRIC AND GAS COMPANY ON A SITE AT OR NEAR PARR SHOALS IN FAIRFIELD COUNTY, SO AS TO CONFIRM THAT NEW NUCLEAR GENERATION UNITS AT THE SITE ARE AUTHORIZED AND TO ALLOW THESE UNITS TO BE JOINTLY OWNED BY THE PUBLIC SERVICE AUTHORITY WITH PRIVATELY OWNED ELECTRIC UTILITIES.
(R306, S. 1283 (Word version)) -- Senators Leatherman and Peeler: AN ACT TO AMEND SECTION 12-6-545, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION OF THE REDUCED STATE MARGINAL INDIVIDUAL INCOME TAX RATE TO THE ACTIVE TRADE OR BUSINESS INCOME OF A PASS-THROUGH BUSINESS, SO AS TO MAKE THIS APPLICATION OPTIONAL AT THE ANNUAL ELECTION OF THE TAXPAYER, TO REVISE DEFINITIONS FOR THIS APPLICATION, TO REVISE THE METHOD OF DEDUCTING ACTIVE TRADE OR BUSINESS LOSS WHEN SUCH LOSS EXCEEDS ACTIVE TRADE OR BUSINESS INCOME; TO PROVIDE A "SAFE HARBOR" AMOUNT IN DETERMINING THE NONPERSONAL SERVICE PORTION OF ACTIVE TRADE OR BUSINESS INCOME OF A TAXPAYER IN ONE OR MORE PASS-THROUGH BUSINESSES WITH TOTAL GROSS INCOME OF LESS THAN ONE MILLION DOLLARS AND TAXABLE INCOME OF LESS THAN ONE HUNDRED THOUSAND DOLLARS, AND TO AUTHORIZE THE DEPARTMENT OF REVENUE TO PROVIDE OTHER METHODS OF DETERMINING INCOME DEEMED UNRELATED TO PERSONAL SERVICES.
(R307, S. 1365 (Word version)) -- Senator Ryberg: AN ACT TO AMEND CHAPTER 5, TITLE 57 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY REENACTING SECTION 57-5-1625, NUNC PRO TUNC, SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION MAY AWARD HIGHWAY CONSTRUCTION CONTRACTS USING A DESIGN-BUILD PROCEDURE, AND TO PROVIDE FOR CONTRACT SELECTION CRITERIA.
(R308, S. 1370 (Word version)) -- Senator Drummond: AN ACT TO AMEND ACT 145 OF 2001, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF NINETY SIX SCHOOL DISTRICT 52 IN GREENWOOD COUNTY, SO AS TO PROVIDE THAT IF THE NUMBER OF CANDIDATES FOR THE BOARD OF TRUSTEES IS EQUAL TO OR LESS THAN THE NUMBER OF POSITIONS TO BE FILLED, THE COUNTY ELECTION COMMISSION SHALL DECLARE THOSE CANDIDATES ELECTED.
(R309, H. 3414 (Word version)) -- Rep. Talley: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-17-275 SO AS TO PROVIDE A PROCEDURE FOR A PARTY OPPOSING AN ELECTION PROTEST THAT PREVAILS AT THE STATE BOARD; BY ADDING SECTION 7-25-220 SO AS TO PROVIDE THAT A POLL WORKER IS IMMUNE FROM CERTAIN ACTIONS WHILE CONDUCTING AN ELECTION; TO AMEND SECTION 7-15-420, AS AMENDED, RELATING TO CASTING A BALLOT BY MEANS OF AN ABSENTEE BALLOT, SO AS TO PROVIDE THAT THE MANAGERS MAY BEGIN THE PROCESS OF EXAMINING THE RETURN-ADDRESSED ENVELOPES FOR ABSENTEE BALLOTS AT 9:00 A.M. INSTEAD OF 2:00 P.M.; THAT BEGINNING AT 9:00 A.M. ON ELECTION DAY, THE ABSENTEE BALLOTS MAY BE TABULATED; AND THAT RESULTS OF THE TABULATION MUST NOT BE PUBLICLY REPORTED UNTIL AFTER THE POLLS ARE CLOSED; AND TO AMEND SECTION 7-17-260, AS AMENDED, RELATING TO CASES DECIDED BY THE STATE BOARD, SO AS TO PROVIDE THAT A PROTEST OR CONTESTED CASE HEARD BY THE STATE BOARD MUST BE CONSIDERED AN ADMINISTRATIVE ACTION.
(R310, 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: AN ACT 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, AND TO PROVIDE FOR THE DURATION OF THIS CHAPTER AND ITS APPLICABILITY TO REHABILITATION EXPENSES.
(R311, H. 3977 (Word version)) -- Reps. Thompson, Simrill, Sandifer, Cobb-Hunter, Wilkins, Leach, Hosey, Altman, Emory, Hamilton, Harrison, Lucas, Martin, McGee, Merrill, J.M. Neal, Ott, Perry, M.A. Pitts, Scarborough, G.R. Smith, Taylor, Townsend, White, Whitmire, Mitchell, Coates, McLeod, Umphlett, Mahaffey, Battle, Ballentine, Clark and Clemmons: AN ACT TO AMEND TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT AND PUBLIC SAFETY BY ADDING CHAPTER 23, SO AS TO ESTABLISH THE LAW ENFORCEMENT TRAINING COUNCIL, TO ESTABLISH A PROGRAM OF TRAINING FOR LAW ENFORCEMENT OFFICERS AND OTHER PERSONS EMPLOYED IN THE CRIMINAL JUSTICE SYSTEM, AND TO PROVIDE THAT THE COUNCIL SHALL OVERSEE THE ACTIVITIES OF THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY; TO AMEND SECTION 6-11-340, RELATING TO PROTECTION OF SPECIAL PURPOSE DISTRICTS, SO AS TO SUBSTITUTE "CRIMINAL JUSTICE ACADEMY" FOR "CRIMINAL JUSTICE ACADEMY DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY"; TO AMEND SECTION 23-28-30, AS AMENDED, RELATING TO TRAINING COURSES FOR RESERVE OFFICERS, SO AS TO SUBSTITUTE "LAW ENFORCEMENT TRAINING COUNCIL" FOR "SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY"; TO AMEND SECTION 23-28-40, AS AMENDED, RELATING TO TRAINING PROVIDED FOR RESERVE OFFICERS, SO AS TO SUBSTITUTE "LAW ENFORCEMENT TRAINING COUNCIL" FOR "SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY" AND "TRAINING COUNCIL" FOR "TRAINING ADVISORY COUNCIL"; TO AMEND SECTION 23-47-20, AS AMENDED, RELATING TO 911 SYSTEM REQUIREMENTS, SO AS TO SUBSTITUTE "LAW ENFORCEMENT TRAINING COUNCIL (CRIMINAL JUSTICE ACADEMY)" FOR "CRIMINAL JUSTICE ACADEMY DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY" AND "LAW ENFORCEMENT TRAINING COUNCIL" FOR "DEPARTMENT OF PUBLIC SAFETY"; TO AMEND SECTION 40-18-30, AS AMENDED, RELATING TO POWERS AND DUTIES OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, SO AS TO SUBSTITUTE "LAW ENFORCEMENT TRAINING COUNCIL" FOR "SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY"; AND TO REPEAL ARTICLE 9, CHAPTER 6, TITLE 23, RELATING TO THE DEPARTMENT OF PUBLIC SAFETY'S DIVISION OF TRAINING AND CONTINUING EDUCATION.
(R312, H. 4195 (Word version)) -- Rep. Perry: AN ACT TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 100 TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE "PARROT HEAD" SPECIAL LICENSE PLATES AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FOR THESE SPECIAL LICENSE PLATES TO THE SOUTH CAROLINA PARROT HEAD CLUB COUNCIL TO BE USED TO SUPPORT THE PALMETTO CHAPTER OF THE ALZHEIMER'S ASSOCIATION AND THE UPSTATE SOUTH CAROLINA CHAPTER OF THE ALZHEIMER'S ASSOCIATION.
(R313, H. 4324 (Word version)) -- Reps. Ceips, Altman, Loftis, Coates, Moody-Lawrence and Toole: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 80 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE HUNTING ISLAND STATE PARK SPECIAL LICENSE PLATES; AND BY ADDING ARTICLE 98 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE BREAST CANCER AWARENESS SPECIAL LICENSE PLATES.
(R314, H. 4428 (Word version)) -- Reps. Cato, Harrell, Sandifer, Altman, Bales, Bingham, Breeland, R. Brown, G. Brown, Ceips, Chellis, Clemmons, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Edge, Haley, Hamilton, Harrison, Hayes, Herbkersman, Hiott, Howard, Huggins, Jefferson, Jennings, Kirsh, Leach, Limehouse, Mack, Merrill, McGee, J.H. Neal, Owens, Perry, Rice, Scarborough, Sinclair, Skelton, D.C. Smith, F.N. Smith, G.R. Smith, G.M. Smith, J.R. Smith, Talley, Taylor, Thompson, Townsend, Vaughn, White, Witherspoon, Young, Anderson, Anthony, Battle, Funderburk, Govan, Martin, Miller, Walker, J. Brown, Clark, Branham, Bailey, Mahaffey, Scott, J.E. Smith and Viers: AN ACT TO ENACT THE "SOUTH CAROLINA COMPETITIVE CABLE SERVICES ACT" INCLUDING PROVISIONS TO ADD SECTION 58-12-5 TO THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE FOR A LEGISLATIVE PURPOSE, FINDINGS, AND PREEMPTION IN REGARD TO CABLE SERVICE AND DESIGNATE IT AS ARTICLE 1, CHAPTER 12 OF TITLE 58, TO DESIGNATE SECTIONS 58-12-10 THROUGH 58-12-130 AS ARTICLE 2 OF CHAPTER 12 OF TITLE 58; AND TO AMEND CHAPTER 12 OF TITLE 58 BY ADDING ARTICLE 3 SO AS TO PROVIDE FOR STATE-ISSUED CERTIFICATES OF FRANCHISE AUTHORITY AUTHORIZING THE APPLICANT TO OFFER CABLE SERVICE IN THIS STATE UNDER THE PROCEDURES AND REQUIREMENTS CONTAINED IN THIS ARTICLE.
(R315, H. 4572 (Word version)) -- Reps. Witherspoon, Frye, Rhoad and Loftis: AN ACT TO AMEND SECTION 50-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DIVISION OF THE STATE INTO GAME ZONES, SO AS TO REVISE AND REDUCE THE NUMBER OF THESE GAME ZONES; TO AMEND SECTION 50-11-120, AS AMENDED, RELATING TO HUNTING SEASON FOR SMALL GAME, SO AS TO FURTHER PROVIDE FOR THESE SEASONS BASED ON THE REVISED GAME ZONES AS PROVIDED FOR ABOVE; TO AMEND SECTION 50-11-150, AS AMENDED, RELATING TO BAG LIMITS, SO AS TO FURTHER PROVIDE FOR THESE BAG LIMITS BASED ON THE REVISED GAME ZONES; TO AMEND SECTION 50-11-310, AS AMENDED, RELATING TO OPEN SEASON FOR ANTLERED DEER, SO AS TO FURTHER PROVIDE FOR THESE OPEN SEASONS BASED ON THE REVISED GAME ZONES; TO AMEND SECTION 50-11-335, AS AMENDED, RELATING TO BAG LIMITS ON ANTLERED DEER, SO AS TO FURTHER PROVIDE FOR THESE BAG LIMITS FOR DEER BASED ON THE REVISED GAME ZONES; TO AMEND SECTION 50-11-350, AS AMENDED, RELATING TO PENALTIES FOR ILLEGALLY TAKING, POSSESSING, OR KILLING DEER IN CERTAIN GAME ZONES, SO AS TO REVISE REFERENCES TO PARTICULAR GAME ZONES; TO AMEND SECTION 50-11-520, AS AMENDED, RELATING TO SPECIAL STUDIES OF GAME ZONES STOCKED WITH WILD TURKEY, SO AS TO REVISE REFERENCES TO PARTICULAR GAME ZONES AND FURTHER TO PROVIDE FOR THE SEASON FOR HUNTING AND TAKING MALE WILD TURKEYS; TO AMEND SECTION 50-11-708, RELATING TO THE UNLAWFUL USE OF ARTIFICIAL LIGHTS IN GAME ZONE 6, SO AS TO REVISE THESE PROVISIONS, MAKE THEM APPLICABLE TO ALL GAME ZONES, AND PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 50-21-710, AS AMENDED, 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; AND TO REPEAL SECTIONS 50-11-90, 50-11-555, 50-11-560, 50-11-700, 50-11-703, 50-11-704, 50-11-705, 50-11-706, AND 50-13-360, ALL RELATING TO VARIOUS WILDLIFE AND FISH AND GAME PROVISIONS.
(R316, H. 4581 (Word version)) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION-BOARD OF NURSING, RELATING TO NURSE LICENSURE COMPACT, DESIGNATED AS REGULATION DOCUMENT NUMBER 3035, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R317, H. 4938 (Word version)) -- Reps. Cooper, Walker, Harrell, Cato, Townsend, White, Coates and J.E. Smith: AN ACT TO AMEND SECTION 25-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA STATE GUARD, SO AS TO AUTHORIZE THE ADJUTANT GENERAL TO ESTABLISH AN EMERGENCY AIR WING WITHIN THE STATE GUARD AND PROVIDE FOR THE ORGANIZATION AND DUTIES OF THE EMERGENCY AIR WING AND FOR THE LIABILITY OF AIRPLANES USED BY VOLUNTEER PARTICIPANTS IN THE EMERGENCY AIR WING; TO AMEND SECTION 15-78-60, AS AMENDED, RELATING TO EXCEPTIONS TO LIABILITY UNDER THE TORT CLAIMS ACT, SO AS TO FURTHER PROVIDE FOR EXCEPTIONS TO LIABILITY IN REGARD TO THE SOUTH CAROLINA NATIONAL GUARD AND THE SOUTH CAROLINA STATE GUARD; AND TO AMEND SECTION 42-7-50, RELATING TO POLITICAL SUBDIVISIONS AND OTHER ENTITIES WHICH MAY PARTICIPATE IN THE WORKERS' COMPENSATION INSURANCE PROGRAM, SO AS TO PROVIDE THAT RECOVERY OF WORKERS' COMPENSATION BENEFITS BY MEMBERS OF THE EMERGENCY AIR WING OF THE SOUTH CAROLINA STATE GUARD SHALL BE PAYABLE FROM THE STATE ACCIDENT FUND.
(R318, H. 4951 (Word version)) -- Rep. Cobb-Hunter: AN ACT TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO PROVIDE THAT IN A COUNTY OF AT LEAST ONE THOUSAND SQUARE MILES IN SIZE AND WHICH HAS HAD AN UNEMPLOYMENT RATE GREATER THAN THE STATE AVERAGE AND AN AVERAGE PER CAPITA LOWER THAN THE STATE AVERAGE PER CAPITA INCOME FOR THE PAST TEN YEARS AND WHICH IS OTHERWISE NOT ELIGIBLE FOR ANY SPECIAL CLASSIFICATION, THE TARGETED JOBS TAX CREDIT ALLOWED IN THE COUNTY IS TWO TIERS HIGHER THAN THE CREDIT FOR WHICH THE COUNTY WOULD OTHERWISE QUALIFY.
(R319, H. 5065 (Word version)) -- Rep. Hayes: A JOINT RESOLUTION TO PROVIDE THAT THE TAXES WHICH WERE IMPOSED IN DILLON COUNTY FOR SCHOOL PURPOSES FOR FISCAL YEAR 2005-2006 ARE REIMPOSED FOR FISCAL YEAR 2006-2007.
(R320, H. 5088 (Word version)) -- Reps. Sandifer, Whitmire and Martin: AN ACT TO AMEND ACT 613 OF 1992, AS AMENDED, RELATING TO THE OCONEE COUNTY SUPERINTENDENT OF EDUCATION AND BOARD OF EDUCATION, SO AS TO PROVIDE THAT THE SUPERINTENDENT OF EDUCATION MUST BE ELECTED IN A NONPARTISAN ELECTION FOR A TERM OF TWO YEARS; TO PROVIDE THAT THE LEGISLATIVE DELEGATION MAY APPOINT A NEW SUPERINTENDENT IN THE EVENT OF A VACANCY; TO PROVIDE THAT THE CURRENT SUPERINTENDENT OF EDUCATION SHALL CONTINUE TO SERVE THROUGH JUNE 30, 2007; TO PROVIDE THAT THE OCONEE LEGISLATIVE DELEGATION MAY APPOINT THE SUPERINTENDENT OF EDUCATION IF NO PERSON QUALIFIES AS A CANDIDATE; TO PROVIDE THAT THE DUTIES AND COMPENSATION OF THE OCONEE COUNTY SUPERINTENDENT OF EDUCATION MUST BE DETERMINED BY THE DELEGATION; AND TO PROVIDE FOR AN ADVISORY REFERENDUM IN OCONEE COUNTY RELATING TO WHETHER THE OFFICE OF THE ELECTED SUPERINTENDENT OF EDUCATION OF OCONEE COUNTY SHOULD BE ABOLISHED AND TO PROVIDE FOR CERTIFICATION OF REFERENDUM RESULTS AND COSTS.
The Senate returned to the House with concurrence the following:
H. 5176 (Word version) -- Reps. Harvin, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. 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 CONGRATULATE JOHN TINDAL, SUPERINTENDENT OF CLARENDON COUNTY SCHOOL DISTRICT TWO, FOR RECEIVING THE RURAL EDUCATION AWARD AND TO COMMEND HIM FOR HIS CONTINUING DEDICATION AND COMMITMENT TO IMPROVING PUBLIC EDUCATION IN RURAL SOUTH CAROLINA.
H. 5177 (Word version) -- Rep. Norman: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND SONYA SIMS OF CHESTERFIELD COUNTY UPON HER RECEIPT OF THE PAGELAND CHAMBER OF COMMERCE OUTSTANDING WOMAN IN BUSINESS AWARD AND TO APPLAUD HER FOR HER INNOVATION, DEDICATION, AND STRONG BUSINESS SENSE.
H. 5178 (Word version) -- Reps. Scott, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, 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, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION TO COMMEND THE REVEREND CHARLES EPPES, SR., OF RICHLAND COUNTY FOR A DISTINGUISHED THIRTY-FOUR YEAR CAREER AS A STATE EMPLOYEE AND FOR HIS FAITHFUL SERVICE AS PASTOR OF THE PROGRESSIVE BAPTIST CHURCH IN COLUMBIA FOR TWENTY-ONE YEARS.
H. 5179 (Word version) -- Reps. Delleney, W. D. Smith and F. N. Smith: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE NONLEGISLATIVE MEMBERS OF THE JUDICIAL MERIT SELECTION COMMISSION, THE COMMISSION STAFF, AND THE MEMBERS OF THE CITIZENS COMMITTEES ON JUDICIAL QUALIFICATIONS ON THE TENTH ANNIVERSARY OF HISTORIC LEGISLATION REFORMING THE JUDICIAL SELECTION PROCESS FOR THE EXEMPLARY SERVICE THEY PERFORM IN EVALUATING THE QUALIFICATIONS AND CHARACTER OF CANDIDATES FOR JUDICIAL OFFICE IN THE STATE.
At 1:10 p.m. the House, in accordance with the motion of Rep. J. R. SMITH, adjourned in memory of Gunner and Ryker Young of North Augusta, to meet at 10:00 a.m. tomorrow.
This web page was last updated on Wednesday, June 24, 2009 at 9:44 A.M.