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 115:1: "Not to us, not to us, but to your name be the glory, because of your love and faithfulness."
Let us pray. Merciful God, help us to live a life worthy of Your calling. Give wisdom, courage, and integrity to each as we go through the proceedings of the day. Prod us to work for the good of Your people and help us to remember; "It's not about me." Help us share with other knowledge and good will. Our Nation has been established by You. Now bless us as a Nation, our President, State, Governor and leaders. Keep our defenders of freedom safe. 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. ANTHONY moved that when the House adjourns, it adjourn in memory of former Representative Furman L. Fendley of Union, which was agreed to.

The following was received:

Columbia, S.C., February 8, 2006
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 141:

S. 141 (Word version) -- Senators Hayes, Knotts and Elliott: A BILL TO AMEND SECTION 15-49-20 OF THE 1976 CODE, RELATING TO THE REQUIREMENTS OF A PETITIONER SEEKING A NAME

Very respectfully,
President
Received as information.

The following was received:

Columbia, S.C., February 8, 2006
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 293:

S. 293 (Word version) -- Senators Hayes and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-13-47 SO AS TO ALLOW A LAW ENFORCEMENT OFFICER EMPLOYED BY A NEIGHBORING STATE TO ENTER SOUTH CAROLINA IN FRESH PURSUIT OF A PERSON WHO IS IN FLIGHT FROM THE COMMISSION OF A CRIMINAL OFFENSE IN THE NEIGHBORING STATE AND TO ARREST THE PERSON, TO PROVIDE FOR A PROCEDURE TO DETERMINE THE LAWFULNESS OF THE ARREST, THE RELEASE OF THE PERSON ARRESTED, AND THE EXTRADITION OF THE ARRESTED PERSON, AND TO PROVIDE THAT THIS SECTION APPLIES ONLY TO LAW ENFORCEMENT OFFICERS EMPLOYED BY A NEIGHBORING STATE WHEN HIS STATE HAS ENACTED A PROVISION SIMILAR TO THIS SECTION RELATING TO THE ARREST AND CUSTODY OF A PERSON PURSUED INTO A NEIGHBORING STATE.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President
Received as information.

The following was received from the Senate:

Columbia, S.C., February 8, 2006
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to S. 1026:

S. 1026 (Word version) -- Senators Leatherman, Leventis, Setzler, Rankin, McGill, Short, Martin, Sheheen, Alexander, Anderson, Bryant, Campsen, Cleary, Courson, Cromer, Drummond, Elliott, Fair, Ford, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Land, Lourie, Malloy, Matthews, McConnell, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Reese, Richardson, Ritchie, Ryberg, Scott, J. V. Smith, Thomas, Verdin and Williams: A JOINT RESOLUTION TO APPROPRIATE FROM THE GENERAL FUND OF THE STATE TO THE STATE'S GENERAL DEPOSIT ACCOUNT FISCAL YEAR 2004-2005 SURPLUS REVENUES IN THE AMOUNT OF $104,934,400 FOR THE PURPOSE OF PREVENTING AN ACCUMULATED GENERALLY ACCEPTED ACCOUNTING PRINCIPLES (GAAP) GENERAL FUND DEFICIT.

Very respectfully,
President

On motion of Rep. COOPER, the House insisted upon its amendments.

Whereupon, the Chair appointed Reps. COOPER, KIRSH and HINSON to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:

H. 4347 (Word version) -- Reps. Limehouse, Harrell, Bailey, Battle, Brady, Vaughn, Cobb-Hunter, Kirsh, Ballentine, Clyburn, Young, Mahaffey, Hinson, Vick, J. Brown, Ceips, Herbkersman, Simrill, Bales, M. A. Pitts, J. E. Smith, Hagood and Whipper: A BILL TO AMEND THE CODE

The following House Resolution was taken up:

H. 4627 (Word version) -- Reps. J. Brown, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, 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 COMMEND THE FATHERS WITH PRIDE PROGRAM FOR ITS COMMITMENT TO PROVIDING SUPPORT SERVICES TO NONCUSTODIAL FATHERS AS THEY SEEK TO IMPROVE THEIR RELATIONSHIPS WITH THEIR CHILDREN.

The Resolution was adopted.

The following was introduced:

H. 4628 (Word version) -- Reps. Coates, McGee, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown,

The Resolution was adopted.

The following Bills were introduced, read the first time, and referred to appropriate committees:

H. 4629 (Word version) -- Reps. Simrill, Altman, Harrison, Kirsh and G. M. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-25-70 SO AS TO PROVIDE THAT IF A TEACHER IS ARRESTED, THE ARRESTING LAW ENFORCEMENT AGENCY SHALL NOTIFY THE PRINCIPAL OF THE SCHOOL IN WHICH THE TEACHER IS EMPLOYED, PROVIDE THAT THE PRINCIPAL SHALL NOTIFY THE STATE BOARD OF EDUCATION OF THE ARREST, AND PROVIDE THAT THE STATE BOARD OF EDUCATION MAY REVOKE OR SUSPEND THE TEACHER'S CERTIFICATE.
Referred to Committee on Education and Public Works

H. 4630 (Word version) -- Reps. Mack, Harrell, Neilson, Agnew, Anderson, Bailey, Bales, Breeland, Funderburk, Hayes, Hodges, Hosey, Jefferson, Jennings and Scott: A BILL TO AMEND SECTION 58-9-2510, AS

H. 4631 (Word version) -- Reps. Hosey, Townsend, J. H. Neal, J. Hines, Rhoad, Vick, Weeks, G. M. Smith, Mack, J. Brown, Rivers, Anderson, Anthony, Bales, G. Brown, Clyburn, Herbkersman, Hodges, Jefferson, Miller, Mitchell, Owens, M. A. Pitts, Scott, Sinclair, Toole and Viers: A BILL TO AMEND SECTION 56-5-970, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRAFFIC CONTROL SIGNALS, SO AS TO PROVIDE THAT A DRIVER OF A MOTORCYCLE OR MOPED MAY PROCEED THROUGH A HIGHWAY INTERSECTION CONTROLLED BY A TRAFFIC-CONTROL DEVICE UNDER CERTAIN CIRCUMSTANCES WHEN A VEHICLE SENSOR FAILS TO DETECT THE VEHICLE BECAUSE OF ITS WEIGHT OR SIZE.
Referred to Committee on Education and Public Works

H. 4632 (Word version) -- Reps. Vaughn, J. Brown, Davenport, Hodges, Hosey, Jefferson, Mitchell, G. R. Smith and W. D. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 11, TITLE 57 ENACTING THE SOUTH CAROLINA TRANSPORTATION REVENUE BOND ACT SO AS TO PROVIDE REVENUES FOR TRANSPORTATION AND MASS TRANSIT FACILITIES BY ISSUING BONDS WHICH PLEDGE FOR THEIR REPAYMENT FEDERAL HIGHWAY REIMBURSEMENT FUNDS, AND TO PROVIDE FOR THE PROCEDURE BY WHICH THESE BONDS ARE ISSUED AND

H. 4633 (Word version) -- Reps. Bingham, Cato, Tripp, Chellis, Loftis and Bailey: A BILL TO AMEND SECTION 38-90-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING OF A CAPTIVE INSURANCE COMPANY, SO AS TO PROVIDE THAT AN EMPLOYER WHO MAY SELF-FUND WORKERS' COMPENSATION COVERAGE IS AUTHORIZED TO WRITE WORKERS' COMPENSATION COVERAGE DIRECTLY THROUGH A CAPTIVE INSURANCE COMPANY; AND TO AMEND SECTION 42-5-20, AS AMENDED, RELATING TO INSURANCE OR PROOF OF FINANCIAL ABILITY TO PAY, SO AS TO AUTHORIZE A CAPTIVE INSURANCE COMPANY, WHICH MAY PAY DIRECTLY COMPENSATION, THE ABILITY TO WRITE WORKERS' COMPENSATION INSURANCE.
Referred to Committee on Labor, Commerce and Industry

H. 4634 (Word version) -- Reps. Hinson, Umphlett, Howard, Leach, M. A. Pitts, Scarborough and Simrill: A BILL TO AMEND SECTION 56-3-5400, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FRATERNAL ORDER OF POLICE SPECIAL LICENSE PLATES, SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE FRATERNAL ORDER OF POLICE SPECIAL LICENSE PLATES ONLY TO ACTIVE MEMBERS IN GOOD STANDING, TO PROVIDE A PERSON ISSUED A LICENSE PLATE PURSUANT TO THIS SECTION WHO CEASES TO BE A MEMBER MUST SURRENDER HIS LICENSE PLATE, AND TO PROVIDE PENALTIES FOR KNOWINGLY FAILING TO SURRENDER THE LICENSE PLATE.
Referred to Committee on Education and Public Works

H. 4635 (Word version) -- Rep. Huggins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-5-610 SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION MAY ALLOW CERTAIN BUSINESSES TO BE LOCATED WITHIN AN INTERSTATE HIGHWAY'S RIGHT-OF-WAY FOR A REASONABLE FEE.
Referred to Committee on Education and Public Works

The roll call of the House of Representatives was taken resulting as follows:

Agnew                  Altman                 Anderson
Anthony                Bailey                 Bales
Ballentine             Bannister              Barfield
Battle                 Bingham                Bowers
Brady                  Branham                Breeland
G. Brown               J. Brown               R. Brown
Cato                   Ceips                  Chalk
Chellis                Clark                  Clemmons
Clyburn                Coates                 Cobb-Hunter
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Duncan
Edge                   Emory                  Frye
Funderburk             Hagood                 Haley
Hamilton               Hardwick               Harrell
Harrison               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               J. M. Neal
Neilson                Norman                 Ott
Owens                  Parks                  Perry
Phillips               E. H. Pitts            M. A. Pitts
Rhoad                  Rice                   Rivers
Sandifer               Scarborough            Scott
Simrill                Sinclair               Skelton
D. C. Smith            F. N. Smith            G. R. Smith
J. E. Smith            J. R. Smith            W. D. Smith
Stewart                Talley                 Taylor
Thompson               Toole                  Townsend
Tripp                  Umphlett               Vaughn
Vick                   Viers                  Walker

Weeks                  Whipper                White
Whitmire               Witherspoon            Young

I came in after the roll call and was present for the Session on Thursday, February 9.

Lewis E. Pinson                   Todd Rutherford
G. Murrell Smith                  Bessie Moody-Lawrence
Creighton Coleman                 Joseph Neal

The SPEAKER granted Rep. ALLEN a leave of absence due to a death in the family.

Announcement was made that Dr. John Evans of Greenville is the Doctor of the Day for the General Assembly.

Reps. CHALK, HERBKERSMAN, CEIPS and RIVERS presented to the House the Hilton Head Preparatory School Football Team, the 2005 South Carolina Independent Schools Association AA Champions, their Coach and other school officials.

Reps. VAUGHN, COOPER, NEILSON, BANNISTER, ALLEN, CATO, HAMILTON, HASKINS, LEACH, LOFTIS, RICE, F. N. SMITH and G. R. SMITH presented to the House representatives of students, faculty and administration of the Governor's School for the Arts and Humanities of Greenville for their outstanding achievements of 2005.

Reps. NEILSON, J. HINES, LUCAS and BANNISTER presented to the House representatives of students, faculty and administration of the Governor's School for Science and Mathematics for their remarkable achievements in 2005.

In accordance with House Rule 5.2 below:
"5.2   Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."

Bill Number:   H. 4137 (Word version)
Date:   ADD:
02/09/06   COATES

Bill Number:   H. 4351 (Word version)
Date:   ADD:
02/09/06   HAMILTON

Bill Number:   H. 4428 (Word version)
Date:   ADD:
02/09/06   BAILEY

Bill Number:   H. 4489 (Word version)
Date:   ADD:
02/09/06   D. C. SMITH

Bill Number:   H. 4610 (Word version)
Date:   ADD:
02/09/06   JENNINGS

Bill Number:   H. 4624 (Word version)
Date:   ADD:
02/09/06   TRIPP

Bill Number:   H. 4503 (Word version)
Date:   REMOVE:
02/09/06   OTT

Rep. HARRISON moved to adjourn debate upon the following Joint Resolution until Tuesday, February 14, which was adopted:

H. 4239 (Word version) -- Reps. Umphlett, Dantzler, Hinson and Jefferson: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 24 OF ARTICLE III, SECTION 3 OF ARTICLE VI, AND SECTION 1A OF ARTICLE XVII, TO THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO DUAL OFFICEHOLDING AND QUALIFICATION FOR OFFICE, SO AS TO PROVIDE THAT THE PROHIBITION AGAINST HOLDING TWO OFFICES DOES NOT APPLY TO COMMISSIONED LAW ENFORCEMENT OFFICERS EMPLOYED BY A COUNTY AND MUNICIPAL POLICE OFFICERS EMPLOYED IN A COUNTY IN WHICH THEY DO NOT RESIDE WHO HOLD ANOTHER OFFICE.

The following Bills were taken up, read the third time, and ordered sent to the Senate:

H. 4301 (Word version) -- Reps. G. M. Smith, Bailey, Harrison, Altman, Vaughn, G. R. Smith, Battle, Kirsh, M. A. Pitts, Coates, Moody-Lawrence, Toole, Vick, Littlejohn, Sandifer, Owens, Ceips, Funderburk, Weeks, Rice, Simrill, Chellis, Viers and Duncan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 6, CHAPTER 11, TITLE 16 SO AS TO ENACT THE

H. 4594 (Word version) -- Reps. Vick, Witherspoon, Clemmons and Hardwick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-5595 SO AS TO PROVIDE THAT FOR PURPOSES OF THE NONRECOGNITION OF GAIN UNDER SECTION 1031 OF THE INTERNAL REVENUE CODE AND COMPARABLE PROVISIONS OF STATE LAW, THE CONVEYANCE BY TIMBER DEED OF THE RIGHT TO CUT STANDING TIMBER IS CONSIDERED A CONVEYANCE OF A REAL PROPERTY INTEREST AND AS SUCH UNDER THE LAWS OF THIS STATE IS A LIKE-KIND EXCHANGE WITH OTHER SIMILAR CONVEYANCES OF A REAL PROPERTY INTEREST OR WITH CONVEYANCES OF SIMILAR INVESTMENT REAL PROPERTY OWNED IN FEE SIMPLE.

The following Bill and Joint Resolution were taken up, read the second time, and ordered to a third reading:

H. 4585 (Word version) -- Reps. Simrill, Bowers, Kennedy, Duncan, Bannister, Ceips, Cobb-Hunter, Leach, Limehouse, Littlejohn, Ott and Scarborough: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-682 SO AS

H. 4474 (Word version) -- Rep. Cooper: A JOINT RESOLUTION TO CLARIFY THE STATE BUDGET AND CONTROL BOARD'S ACTION TAKEN ON NOVEMBER 1, 2005, RELATING TO THE SECOND INJURY FUND'S ASSESSMENT.

On motion of Rep. SIMRILL, with unanimous consent, it was ordered that H. 4585 (Word version) be read the third time tomorrow.

On motion of Rep. CATO, with unanimous consent, it was ordered that H. 4474 (Word version) be read the third time tomorrow.

The following Bill was taken up:

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 and Bailey: A BILL TO ENACT THE "SOUTH CAROLINA COMPETITIVE CABLE SERVICES ACT" INCLUDING PROVISIONS TO ADD SECTION 58-12-5 TO THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE FOR A LEGISLATIVE PURPOSE, FINDINGS, PREEMPTION IN REGARD TO CABLE SERVICE AND DESIGNATE IT AS ARTICLE 1, CHAPTER 12 OF TITLE 58, TO DESIGNATE SECTIONS 58-12-10 THROUGH 58-12-130 AS ARTICLE 2 OF CHAPTER 12 OF TITLE 58; AND TO AMEND CHAPTER 12 OF TITLE 58 BY ADDING ARTICLE 3 SO AS TO PROVIDE FOR STATE-ISSUED CERTIFICATES OF FRANCHISE

Rep. MCLEOD made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

The following Bill was taken up:

H. 3831 (Word version) -- Reps. Talley and Harrison: A BILL TO AMEND SECTION 7-7-910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLACES WHERE ELECTORS ARE REGISTERED AND VOTE, SO AS TO PROVIDE THAT IN AN EMERGENCY SITUATION ELECTORS MAY VOTE IN A LOCATION OR AT A POLLING PLACE NOT WITHIN THE PRECINCT WHERE THE ELECTOR IS REGISTERED TO VOTE, AND TO PROVIDE CONDITIONS WHEN AN ALTERNATE POLLING PLACE MAY BE DESIGNATED.

Rep. TALLEY made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

The following Bill was taken up:

H. 4318 (Word version) -- Reps. Lucas, Altman, Vaughn, G. R. Smith, Cotty, Whipper, G. M. Smith, Moody-Lawrence, Brady and Ceips: A BILL TO AMEND SECTION 20-4-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORDERS OF PROTECTION FROM DOMESTIC ABUSE AND THE AUTHORITY OF THE COURT IN CONNECTION WITH ISSUING SUCH ORDERS, SO AS TO PROVIDE THAT THE COURT ALSO

Rep. HAYES made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

The following Bill and Joint Resolution were taken up, read the third time, and ordered sent to the Senate:

H. 4449 (Word version) -- Reps. Cotty, Harrell, Merrill, Walker, Ballentine, Limehouse, E. H. Pitts, Haley, Clark, Townsend, Altman, Anthony, Bailey, Bingham, Bowers, Cato, Ceips, Chellis, Clyburn, Coleman, Cooper, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Hagood, Harrison, Haskins, Herbkersman, Hinson, Leach, Littlejohn, Loftis, Mahaffey, Martin, Phillips, Pinson, M. A. Pitts, Rhoad, Sandifer, Scarborough, F. N. Smith, G. M. Smith, J. R. Smith, Thompson, Toole, Tripp, Umphlett, Vaughn, White, Whitmire, Young, Bales, Lucas, Kirsh, Huggins, Brady, Hamilton, McGee and Stewart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 12-36-1110, 12-36-1120, AND 12-36-1130 SO AS TO IMPOSE AN ADDITIONAL TWO PERCENT SALES AND USE TAX; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT THE SALE OF UNPREPARED FOOD; TO ADD SECTION 11-11-155 SO AS TO CREATE THE HOMESTEAD EXEMPTION FUND AND RESERVE FUND; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO PROVIDE AN ADDITIONAL EXEMPTION EQUAL TO ONE HUNDRED PERCENT OF THE FAIR MARKET VALUE OF OWNER-OCCUPIED RESIDENTIAL PROPERTY FROM THE PROPERTY TAX, AND TO PROVIDE THAT THIS EXEMPTION WITH CERTAIN EXCEPTIONS DOES NOT APPLY WITH RESPECT TO PROPERTY TAX IMPOSED FOR PAYMENT OF GENERAL OBLIGATION DEBT; TO ADD SECTION 12-37-932 SO AS TO PROVIDE THAT THE FAIR MARKET VALUE OF REAL

H. 4450 (Word version) -- Reps. Cotty, Harrell, Merrill, Walker, Ballentine, Haley, Chellis, E. H. Pitts, Townsend, Clark, Altman, Bailey, Bales, Bingham, Bowers, Brady, Cato, Ceips, Clyburn, Coleman, Cooper, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Hagood, Harrison, Haskins, Herbkersman, Hinson, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mahaffey, Martin, Phillips, Pinson, M. A. Pitts, Rhoad, Sandifer, Scarborough, G. M. Smith, J. R. Smith, Thompson, Toole, Tripp, Umphlett, Vaughn, White, Whitmire, Young, W. D. Smith, Kirsh, Huggins, Hamilton, McGee and Stewart: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO FINANCE AND TAXATION, BY ADDING A NEW SECTION 1A SO AS TO PROVIDE THAT FAIR MARKET VALUE OF REAL PROPERTY FOR PURPOSES OF PROPERTY TAX MEANS ITS FAIR MARKET VALUE WHEN OWNERSHIP OF THE REAL PROPERTY LAST WAS TRANSFERRED, INCREASED BY THE FAIR MARKET VALUE OF IMPROVEMENTS TO THE REAL PROPERTY SINCE OWNERSHIP OF THE REAL PROPERTY LAST WAS TRANSFERRED, TO PROVIDE THAT THE GENERAL ASSEMBLY BY LAW MAY DEFINE AN OWNERSHIP TRANSFER AND AN IMPROVEMENT TO REAL PROPERTY, AND MAY ESTABLISH A BASE YEAR FOR DETERMINING INITIAL FAIR MARKET VALUE FOR PURPOSES OF THIS NEW SECTION; AND TO AMEND SECTION 3, ARTICLE X, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO PROVIDE AN ADDITIONAL EXEMPTION FROM PROPERTY TAX EQUAL TO ONE HUNDRED PERCENT OF THE FAIR MARKET VALUE OF A HOMESTEAD AS PRESCRIBED BY THE

Rep. SCOTT asked unanimous consent to recall H. 3028 (Word version) from the Committee on Education and Public Works.
Rep. WALKER objected.

On motion of Rep. HERBKERSMAN, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means:

H. 4491 (Word version) -- Rep. Herbkersman: A BILL 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 REVISE THE DEFINITION OF "QUALIFYING SERVICE-RELATED FACILITY" WITH RESPECT TO COMPENSATION REQUIREMENTS.

The Veto on the following Act was taken up:

(R220) H. 4394 (Word version) -- Reps. W. D. Smith, Littlejohn, Mitchell, Mahaffey, Talley, Walker and Sinclair: AN ACT TO AMEND ACT 906 OF 1962, AS AMENDED, RELATING TO THE SPARTANBURG COUNTY COMMISSION FOR TECHNICAL EDUCATION, SO AS TO CHANGE THE NAME OF THE COMMISSION TO THE SPARTANBURG COUNTY COMMISSION FOR TECHNICAL AND COMMUNITY EDUCATION AND TO AUTHORIZE THE COMMISSION TO NAME THE EDUCATIONAL INSTITUTION CREATED BY IT AS THE SPARTANBURG COMMUNITY COLLEGE.

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Anthony                Davenport              Duncan
Hiott                  Mahaffey               Mitchell
Sinclair               Skelton                W. D. Smith
Talley                 Taylor                 Thompson
Townsend               Walker

Those who voted in the negative are:

Ballentine

So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

The Senate amendments to the following Bill were taken up for consideration:

H. 3010 (Word version) -- Reps. W. D. Smith, Wilkins, G. R. Smith, Vaughn, Harrison, Davenport, Sandifer, Coates, Young, Leach, Viers, Littlejohn, Rice, Hinson, Clark, Walker, Mahaffey, Duncan, Hagood and Clemmons: A BILL TO AMEND CHAPTER 40, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARTER SCHOOLS, SO AS TO PROVIDE FOR THE CREATION OF A CAROLINA PUBLIC CHARTER SCHOOL DISTRICT, ITS GOVERNANCE, AND ITS POWERS AND DUTIES; AND TO PROVIDE FOR THE MANNER IN WHICH A CHARTER SCHOOL SPONSORED BY THE CAROLINA PUBLIC CHARTER SCHOOL DISTRICT MUST BE FORMED, FUNDED, REGULATED, AND GOVERNED.

Rep. SCARBOROUGH proposed the following Amendment No. 2A (Doc Name COUNCIL\GGS\22409SJ06), which was tabled:
Amend the bill, as and if amended, by adding a new section after 59-40-140 as contained in SECTION 1, to read:
/     Section 59-40-142.   A South Carolina charter school existing before the effective date of this section shall continue to receive the

Rep. SCARBOROUGH moved to table the amendment, which was agreed to.

Rep. SCARBOROUGH proposed the following Amendment No. 4A (Doc Name COUNCIL\GGS\22423SJ06), which was adopted:
Amend the bill, as and if amended, Section 59-40-70(C) as contained in SECTION 1, by deleting subsection (C) and inserting:
/     (C)   A local school district board of trustees shall only shall deny an application if the application does not meet the requirements specified in Section 59-40-50 or 59-40-60, fails to meet the spirit and intent of this chapter, or adversely affects, as defined in regulation, the other students in the district in which the charter school is to be located. The existence of another charter granting authority must not be grounds for denying an application. It shall provide, within ten days, a written explanation of the reasons for denial, citing specific standards related to provisions of Section 59-40-50 or 59-40-60 that the application violates. This written explanation immediately shall must be sent to the charter committee and filed with the State Board of Education and the Charter School Advisory Committee.   /
Amend further Section 59-40-90(D) as contained in SECTION 1, by deleting subsection (D) in its entirety and inserting:
/     (D)   A final decision of the state board may be appealed by any party to the circuit court for the county in which the proposed charter school is or was to have located. The prevailing party in the circuit court appeal is entitled to a judgment against the nonprevailing party for reasonable attorney's fees and other expenses associated with the appeal process set forth in this section.   /
Amend further Section 59-40-100(A) as contained in SECTION 1, by deleting subsection (A) in its entirety and inserting:
/     Section 59-40-100.   (A)   An existing public school may be converted into a charter school if two-thirds of the faculty and instructional staff employed at the school and two-thirds of all voting

(B)   A charter renewal application must be submitted to the school's sponsor, and it must contain:

(1)   a report on the progress of the charter school in achieving the goals, objectives, pupil achievement standards, and other terms of the initially approved charter application; and

(2)   a financial statement that discloses the costs of administration, instruction, and other spending categories for the charter school that is understandable to the general public and that allows comparison of these costs to other schools or other comparable organizations, in a format required by the State Board of Education.

(C)   A charter must be revoked or not renewed by the sponsor if it determines that the charter school:

(1)   committed a material violation of the conditions, standards, or procedures provided for in the charter application;

(2)   Failed to meet or make reasonable progress, as defined in the charter application, toward pupil achievement standards identified in the charter application;

(3)   failed to meet generally accepted standards of fiscal management; or

(4)   violated any provision of law from which the charter school was not specifically exempted.

(D)   At least sixty days before not renewing or terminating a charter school, the sponsor shall notify in writing the charter school's governing body of the proposed action. The notification shall state the grounds for the proposed action in reasonable detail. Termination must follow the procedure provided for in this section.

(E)   The existence of another charter granting authority shall not be grounds for the nonrenewal or revocation of a charter. Grounds for nonrenewal or revocation shall only be those specified in subsection (C) of this section.

(F)   The charter school's governing body may request in writing a hearing before the sponsor within fourteen days of receiving notice of nonrenewal or termination of the charter. Failure by the school's governing body to make a written request for a hearing within fourteen days must be treated as acquiescence to the proposed action. Upon receiving a timely written request for a hearing, the sponsor shall give reasonable notice to the school's governing body of the hearing date. The sponsor shall conduct a hearing before taking final action. The sponsor shall take final action to renew or not renew a charter by the last day of classes in the last school year for which the charter school is authorized.

(G)   Charter schools seeking renewal may submit a renewal application to another charter granting authority if the charter school

(F)(H)   A decision to revoke or not to renew a charter school may be appealed to the state board pursuant to the provisions of Section 59-40-90.   /
Amend further Section 59-40-140(A) and (B), by deleting subsection (A) and (B) in their entirety and inserting:
/   Section 59-40-140.   (A)   A local school board of trustees sponsor shall distribute state, county, and school district funds to a charter school as determined by the following formula: The previous year's audited total general fund expenditures revenues, including capital outlay and maintenance, but not including expenditures revenues from bonded indebtedness or debt repayment must be divided by the previous year's weighted students, then increased by the Education Finance Act inflation factor, pursuant to Section 59-20-40, for the years following the audited expenditures revenues, then multiplied by the weighted students enrolled in the charter school, which will be subject to adjustment for student attendance and state budget allocations based on the same criteria as the local school district. These amounts must be verified by the State Department of Education before the first disbursement of funds. All state and local funding must be distributed by the local school district to the charter school monthly beginning July first following approval of the charter school application and must continue to be disbursed to the charter school for the duration of tits charter and for the duration of any subsequent renewals.

(B)   The Carolina Public Charter School District shall receive and distribute state funds to the charter school as determined by the following formula: the current year's base student cost, as funded by the General Assembly, multiplied by the weighted students enrolled in the charter school, which must be subject to adjustment for student attendance and state budget allocations. These state funds are in addition to other funds to be received and distributed by the Carolina Public Charter School District pursuant to subsections (C) and (D) of this section and Section 59-40-220(A). However, the Carolina Public

Rep. SCARBOROUGH explained the amendment.
Rep. MOODY-LAWRENCE spoke against the amendment.

The question then recurred to the adoption of the amendment.

Rep. MOODY-LAWRENCE demanded the yeas and nays which were taken, resulting as follows:

Those who voted in the affirmative are:

Altman                 Anthony                Bailey
Bales                  Ballentine             Bannister
Barfield               Battle                 Bingham
Bowers                 Brady                  Cato
Ceips                  Chalk                  Chellis
Clark                  Clemmons               Clyburn
Coates                 Coleman                Cooper
Cotty                  Davenport              Delleney
Duncan                 Edge                   Frye
Hagood                 Haley                  Hamilton
Hardwick               Harrell                Harrison
Haskins                Hayes                  Herbkersman
Hinson                 Hiott                  Huggins
Jennings               Kirsh                  Leach
Limehouse              Littlejohn             Loftis
Lucas                  Mahaffey               Martin
McCraw                 McGee                  McLeod
Merrill                Miller                 Neilson
Norman                 Owens                  Perry
E. H. Pitts            M. A. Pitts            Rhoad
Rice                   Sandifer               Scarborough
Simrill                Sinclair               Skelton
D. C. Smith            G. M. Smith            G. R. Smith
J. R. Smith            Stewart                Talley
Taylor                 Thompson               Toole
Townsend               Umphlett               Vaughn

Vick                   Walker                 White
Whitmire               Witherspoon            Young

Those who voted in the negative are:

Agnew                  Anderson               Breeland
J. Brown               R. Brown               Cobb-Hunter
Emory                  Funderburk             J. Hines
Hodges                 Hosey                  Jefferson
Kennedy                Mack                   Mitchell
Moody-Lawrence         J. H. Neal             Phillips
Pinson                 Rutherford             Scott
F. N. Smith            J. E. Smith            Weeks
Whipper

So, the amendment was adopted.

Rep. ANTHONY proposed the following Amendment No. 5A (Doc Name COUNCIL\BBM\9241SJ06), which was adopted:
Amend the bill, as and if amended, Section 59-40-130(C), as contained in SECTION 1, by deleting subsection (C) in its entirety and inserting:

/ (C)   Teachers employed by a charter school holding a valid South Carolina certificate may accrue benefits and credits in the South Carolina Retirement System for the length of their employment by paying the employee contributions based upon the annual salary of the employee, and the charter school shall pay the employer contribution. The South Carolina Retirement System may impose reasonable requirements to administer this section.

(D)   The provisions of this section do not apply to teachers and other employees of a converted school whose employment relation is governed by Section 59-40-100(C)(D).   /
Renumber sections to conform.
Amend title to conform.

Rep. ANTHONY explained the amendment.

Rep. MOODY-LAWRENCE raised the Point of Order that Amendment No. 5A was out of order in that it was not germane to the Bill.
SPEAKER HARRELL stated that the amendment was germane to Bill and he therefore overruled the Point of Order.

Rep. TOWNSEND spoke in favor of the amendment.
Rep. SKELTON spoke upon the amendment.

Rep. SKELTON moved to adjourn debate on the amendment, which was rejected.

The amendment was then adopted.

The Senate amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.

The Senate amendments to the following Bill were taken up for consideration:

H. 3221 (Word version) -- Reps. Clemmons, Rice, Simrill, Mahaffey, Wilkins, Harrell, Harrison, Cato, J. Brown, Townsend, Edge, Merrill, Chellis, Ott, R. Brown, Mack, Barfield, Witherspoon, Duncan, M. A. Pitts, Owens, Chalk, Bailey, Ceips, Haley, Viers, Hardwick and Toole: A BILL TO AMEND ARTICLE 5, CHAPTER 6, TITLE 44 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA RETIREES AND INDIVIDUALS POOLING TOGETHER FOR SAVINGS ACT (SCRIPTS), SO AS TO CHANGE THE NAME OF THIS ACT TO THE SOUTH CAROLINA RETIREES AND INDIVIDUALS POOLING TOGETHER FOR SAVINGS-SILVERXCARD ACT AND TO PROVIDE THAT THE SCRIPTS-SILVERXCARD PROGRAM MUST COORDINATE WITH MEDICARE PART D TO PROVIDE TO LOW INCOME SENIOR RESIDENTS ASSISTANCE WITH THE COST OF PRESCRIPTION DRUGS, TO REQUIRE THAT A PARTICIPANT BE ENROLLED IN A MEDICARE PART D DRUG PLAN, TO CLARIFY OTHER ELIGIBILITY CRITERIA, TO SPECIFY THAT AN ENROLLEE IS ENTITLED TO BENEFITS WHEN THE

Rep. CLEMMONS explained the Senate Amendments.

The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

The following Bill was taken up:

S. 490 (Word version) -- Senator Land: A BILL TO AMEND SECTION 5-7-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COLLECTION OF DELINQUENT AD VALOREM PROPERTY TAX BY A MUNICIPALITY, SO AS TO MAKE A LIEN FOR MUNICIPAL TAXES WHEN PAYING A LIEN FOR STATE OR COUNTY TAXES, A FIRST LIEN WHEN PAYMENT OF A MUNICIPAL LIEN IS NOT MADE; AND TO AMEND SECTION 12-51-130, AS AMENDED, RELATING TO THE EXECUTION AND DELIVERY OF A TAX TITLE, SO AS TO PROVIDE THAT, IF THE TAX SALE OF AN ITEM PRODUCES MORE CASH THAN THE FULL AMOUNT DUE, THE COVERAGE MUST BE APPLIED TO ANY OUTSTANDING MUNICIPAL TAX LIENS ON THE PROPERTY.

Section 12-49-1110.   As used in this article:

(1)   'Mortgage' means a mortgage, deed of trust, or other written instrument covering or affecting real property as security for the payment of money.

(2)   'Mortgagee' means the mortgagee identified in a mortgage of record or any holder or assignee of the mortgage.

(3)   'Mortgagee list' means a written list, including all supplements, that a mortgagee provides to a tax collector pursuant to this article, showing the current name and address of the mortgagee/holder of the mortgages listed thereon within a county of this State.

(4)   'Tax collector' means the officer charged by law with the collection of delinquent ad valorem taxes, assessments, penalties, and costs.

(5)   'The most current' means the latest in time.

Section 12-49-1120.   When real property is levied upon for taxes by the tax collector, the tax collector shall give at least forty-five days written notice prior to the sale of the real property to a mortgagee contained on the mortgagee list filed with the tax collector as provided in Section 12-49-1150. The period of forty-five days shall begin to run from the time the notice is personally delivered or from the date of its mailing when delivered by certified mail as provided in this article. The notice must contain a description of the real property levied upon, including the tax map number assigned by the county, the name of the owner, the year or years for which the taxes were assessed, and a statement of the amount of the taxes with the accrued costs. The notice must be delivered to the mortgagees either personally or by certified mail with return receipt requested at the address(es) shown on the most current mortgagee list for a particular mortgagee. If delivered personally, the tax collector shall obtain a signed receipt from the mortgagee. Although a separate notice must be prepared for each parcel of real property to be sold, a tax collector may enclose in the

Section 12-49-1130.   The form of notice required pursuant to Section 12-49-1120 must be substantially as follows:
DELINQUENT TAXES
Notice to Holder of Mortgage

Notice is given to ____________________ as the holder of a certain mortgage recorded in the office of the_____________ in Book _______ at Page _______, of the county of __________, State of South Carolina, that there are now due and unpaid taxes for the year 20___ amounting to $__________, with accrued cost of $__________, for which a tax execution has been issued and levy made upon the following described real property owned by ____________________ and embraced within the mortgage, and that the real property will be sold unless such taxes are paid within forty-five (45) days from the delivery of this notice as provided by law.
Description of the Real Property Levied Upon
_________________________________________
________________________________________
Tax Map No. _________________________________

______________________________

Tax Collector

______________________________

Address
Date:_______________

Section 12-49-1140.   The tax collector shall keep a record of each notice given under Section 12-49-1120 that contains the date the notice was delivered, the method of delivery, the address where the notice was delivered, and the name of the addressee of the notice.

Section 12-49-1150.   To entitle a mortgagee to the notice required by Section 12-49-1120, a list of each mortgage located in the county as to which the notice is desired must be filed by the mortgagee with the tax collector of the county in which the real property covered by a mortgage lies on or before the fifteenth day of March of each year, on which must be shown the name and address of the mortgagee, the name of each mortgagor, and the book and page of the record where each mortgage listed is recorded.

Section 12-49-1160.   The form of the mortgagee list for real property must be substantially as follows:

Mortgagee List For ___________________ County

Mortgagee/Holder: __________________________

Address for Notice: __________________________

__________________________

Date: _______________
Name of Owner(s)Tax Map BookPage

or Mortgagor(s) Number   of Record   Number

Section 12-49-1170.   The mortgagee list may be provided to the tax collector through any medium acceptable to the sender and the receiver. This medium may include but not be limited to: United States mail, hand delivery, express delivery, or e-mail. The sender shall maintain sufficient proof that the mortgagee list and any supplement were provided to the tax collector.

Section 12-49-1180.   (A)   The rights, interest, and security of a mortgagee complying with the provisions of Section 12-49-1150 are not affected by a tax sale and a deed of conveyance, unless the provisions of Section 12-49-1120 are complied with.

(B)   Except as specifically provided in this article, the rights and remedies of a mortgagee granted elsewhere in this title are not affected by whether or not the mortgagee provides a mortgagee list of real property pursuant to 12-49-1150." /
Renumber sections to conform.
Amend title to conform.

Rep. CLEMMONS explained the amendment.
The amendment was then adopted.

The Bill was read the third time and ordered returned to the Senate with amendments.

The following Concurrent Resolution was taken up:

H. 4577 (Word version) -- Reps. Hodges, R. Brown and Bowers: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE FUTURE BRIDGE THAT WILL CROSS THE COMBAHEE RIVER ALONG UNITED STATES HIGHWAY 17 IN COLLETON COUNTY "THE HARRIET TUBMAN BRIDGE", AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "THE HARRIET TUBMAN BRIDGE."

That the members of the General Assembly, by this resolution, request that the Department of Transportation name the future bridge that will cross the Combahee River along United States Highway 17 in Colleton County "The Harriet Tubman Bridge", and erect appropriate markers or signs at this bridge that contain the words "The Harriet Tubman Bridge."

Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.

The Concurrent Resolution was adopted and sent to the Senate.

The following Concurrent Resolution was taken up:

H. 4520 (Word version) -- Rep. Witherspoon: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE ALONG HIGHWAY 19 THAT CROSSES SOUTH CAROLINA HIGHWAY 22 IN HORRY COUNTY THE "LEWIS A. SINGLETON BRIDGE" AND TO ERECT APPROPRIATE MARKERS AT THIS BRIDGE THAT CONTAIN THE WORDS "LEWIS A. SINGLETON BRIDGE".

Whereas, Mr. Lewis A. Singleton resided and was a farmer in the Good Hope Community of Horry County from 1949 to his death in 2004; and

Whereas, during his life, he held many business related positions including employment with Horry Drug, Star Furniture, and Stilley Plywood, and retired from Blanton Supplies; and

Whereas, Mr. Singleton was an active member of Good Hope Baptist Church where he served as a Sunday school teacher, a Deacon, and a member of the adult choir; and

Whereas, it is fitting and proper to permanently remember the achievements of Mr. Singleton by naming the bridge that spans South Carolina Highway 22 along Highway 19 in the Good Hope Community in his honor. Now, therefore,

That the members of the General Assembly request that the Department of Transportation name the bridge along Highway 19 that crosses South Carolina Highway 22 in Horry County the "Lewis A. Singleton Bridge" and erect appropriate markers or signs at this bridge that contain the words "Lewis A. Singleton Bridge".

Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.

The Concurrent Resolution was adopted and sent to the Senate.

The following Concurrent Resolution was taken up:

H. 4588 (Word version) -- Rep. Simrill: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION ERECT MARKERS OR SIGNS AT EXIT 82 B ALONG INTERSTATE HIGHWAY 77 IN YORK COUNTY THAT CONTAIN THE WORDS "CHERRY ROAD".

Be it resolved by the House of Representatives, the Senate concurring:

That the members of the General Assembly request that the Department of Transportation erect appropriate markers or signs at Exit 82 B along Interstate Highway 77 in York County that contain the words "Cherry Road".

Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.

The Concurrent Resolution was adopted and sent to the Senate.

The following Concurrent Resolution was taken up:

H. 4596 (Word version) -- Reps. G. M. Smith, Weeks, Coates, G. Brown and J. H. Neal: A CONCURRENT RESOLUTION TO REQUEST THAT

Whereas, the Honorable Ramon W. Schwartz, Jr., is a distinguished lawyer and public official who has served South Carolina in a number of capacities including being Speaker of the South Carolina House of Representatives from 1980 until 1986; and

Whereas, Ramon Schwartz is a native of Sumter and has spent his entire career practicing law in Sumter. He holds A.B. and LL.B. degrees from the University of South Carolina, and is a decorated veteran of World War II having served in the European Theater of Operations; and

Whereas, he has served his community and State as President of Sumter Rotary Club, President of the South Carolina Jaycees, President of the Sumter Chamber of Commerce, Chairman of the Sumter County Library Board, Chairman of the City of Sumter Housing Authority, and is a Life Member of the Board of Trustees of Tuomey Hospital; and

Whereas, the members of the General Assembly believe it would be a fitting tribute to this truly outstanding man if the Broad Street Extension in his hometown were named in his honor. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the Department of Transportation is requested to name that portion of Highway 76/378 in Sumter (known as the Broad Street Extension) from Loring Mill Road to South Carolina Road 441 in honor of Ramon W. Schwartz, Jr., one of South Carolina's most distinguished public officials and a former Speaker of the House of

Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.

The Concurrent Resolution was adopted and sent to the Senate.

The motion period was dispensed with on motion of Rep. LEACH.

Rep. WITHERSPOON moved to adjourn debate upon the following Bill until Thursday, February 16, which was adopted:

S. 138 (Word version) -- Senator Hayes: A BILL TO AMEND CHAPTER 3, TITLE 56 OF THE 1976 CODE, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 10 TO PROVIDE FOR THE REGISTRATION AND LICENSING OF ALL-TERRAIN VEHICLES.

The following Bill was taken up:

H. 3881 (Word version) -- Reps. Hagood, Brady, Altman, Limehouse, Scarborough, Taylor, R. Brown, Mack, Miller, Whipper, Bailey, Weeks and Funderburk: A BILL TO ENACT THE "SOUTH CAROLINA PRIORITY INVESTMENT ACT" BY AMENDING SECTION 6-29-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPREHENSIVE PLANS OF LOCAL PLANNING COMMISSIONS, SO AS TO AMEND THE HOUSING ELEMENT AND TO PROVIDE FOR TRANSPORTATION, INTERGOVERNMENTAL COORDINATION, AND PRIORITY INVESTMENT ELEMENTS OF COMPREHENSIVE PLANS; TO AMEND SECTION 6-29-720, RELATING TO THE REGULATION OF ZONING DISTRICTS, SO AS TO ALLOW LOCAL GOVERNMENTS TO DEVELOP MARKET-BASED INCENTIVES AND ELIMINATION OF UNNECESSARY HOUSING REGULATORY REQUIREMENTS TO ENCOURAGE PRIVATE DEVELOPMENT, TRADITIONAL NEIGHBORHOOD DESIGN, AND AFFORDABLE HOUSING IN PRIORITY INVESTMENT

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\AGM\18082MM06):
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION   1.   This act may be cited as the "South Carolina Priority Investment Act".
SECTION   2.   Section 6-29-510(D) of the 1976 Code is amended to read:

"(D)   A local comprehensive plan must include, but not be limited to, the following planning elements:

(1)   a population element which considers historic trends and projections, household numbers and sizes, educational levels, and income characteristics;

(2)   an economic development element which considers labor force and labor force characteristics, employment by place of work and residence, and analysis of the economic base;

(3)   a natural resources element which considers coastal resources, slope characteristics, prime agricultural and forestland, plant and animal habitats, parks and recreation areas, scenic views and sites, wetlands, and soil types. Where a separate board exists pursuant to this chapter, this element is the responsibility of the existing board;

(4)   a cultural resources element which considers historic buildings and structures, commercial districts, residential districts, unique, natural, or scenic resources, archaeological, and other cultural resources. Where a separate board exists pursuant to this chapter, this element is the responsibility of the existing board;

(5)   a community facilities element which considers transportation network; water supply, treatment, and distribution; sewage system and wastewater treatment; solid waste collection and disposal, fire protection, emergency medical services, and general government facilities; education facilities; and libraries and other cultural facilities;

(6)   a housing element which considers location, types, age and condition of housing, owner and renter occupancy, and affordability of housing. This element includes an analysis to ascertain unnecessary housing regulatory requirements, as defined in this chapter, that add to the cost of developing affordable housing but are not necessary to protect the public health, safety or welfare and an analysis of market-based incentives that may be made available to encourage development of affordable housing, which incentives may include density bonuses, design flexibility, and streamlined permitting processes; and

(7)   a land use element which considers existing and future land use by categories, including residential, commercial, industrial, agricultural, forestry, mining, public and quasi-public, recreation, parks, open space, and vacant or undeveloped;

(8)   a transportation element that considers transportation facilities, including major road improvements, new road construction, transit projects, pedestrian and bicycle projects, and other elements of a transportation network. This element must be developed in coordination with the land use element, to ensure transportation efficiency for existing and planned development;

(9)   a priority investment element that analyzes the likely federal, state, and local funds available for public infrastructure and facilities during the next ten years, and recommends the projects for expenditure of those funds during the next ten years for needed public infrastructure and facilities such as water, sewer, roads, and schools. The recommendation of those projects for public expenditure must be done through coordination with adjacent and relevant jurisdictions and agencies. For the purposes of this item, "adjacent and relevant jurisdictions and agencies" means those counties, municipalities, public service districts, school districts, public and private utilities, transportation agencies, and other public entities that are affected by or have planning authority over the public project. For the purposes of this item, "coordination" means written notification by the local planning commission or its staff to adjacent and relevant jurisdictions and agencies of the proposed projects and the opportunity for adjacent

"(5)   'overlay zone' or a zone which imposes a set of requirements or relaxes a set of requirements imposed by the underlying zoning district when there is a special public interest in a particular geographic area that does not coincide with the underlying zone boundaries; and

(6)   'conditional uses' or zoning ordinance provisions that impose conditions, restrictions, or limitations on a permitted use that are in addition to the restrictions applicable to all land in the zoning district. The conditions, restrictions, or limitations must be set forth in the text of the zoning ordinance; and

(7)   'priority investment zone' in which the governing authority adopts market-based incentives or relaxes or eliminates unnecessary housing regulatory requirements, as these terms are defined in this chapter, to encourage private development in the priority investment zone. The governing authority also may provide that traditional neighborhood design and affordable housing, as these terms are defined in this chapter, must be permitted within the priority investment zone."
SECTION   4.   Section 6-29-1110 of the 1976 Code is amended to read:

"Section 6-29-1110.   As used in this article chapter:

(1)   'Affordable housing' means in the case of dwelling units for sale, housing in which mortgage, amortization, taxes, insurance, and condominium or association fees, if any, constitute no more than twenty-eight percent of the annual household income for a household earning no more than eighty percent of the area median income, by household size, for the metropolitan statistical area as published from time to time by the U.S. Department of Housing and Community Development (HUD) and, in the case of dwelling units for rent, housing for which the rent and utilities constitute no more than thirty percent of the annual household income for a household earning no more than eighty percent of the area median income, by household size for the metropolitan statistical area as published from time to time by HUD.

(2)   'Land development' means the changing of land characteristics through redevelopment, construction, subdivision into parcels, condominium complexes, apartment complexes, commercial parks, shopping centers, industrial parks, mobile home parks, and similar developments for sale, lease, or any combination of owner and rental characteristics.

(3)   'Market-based incentives' mean incentives that encourage private developers to meet the governing authority's goals as developed in this chapter. Incentives may include, but are not limited to:

(a)   density bonuses, allowing developers to build at a density higher than residential zones typically permit, and greater density bonuses, allowing developers to build at a density higher than residential affordable units in development, or allowing developers to purchase density by paying into a local housing trust fund;

(b)   relaxed zoning regulations including, but not limited to, minimum lot area requirements, limitations of multi-family dwellings, minimum setbacks, yard requirements, variances, reduced parking requirements, and modified street standards;

(c)   reduced or waived fees including those fees levied on new development projects where affordable housing is addressed, reimburse permit fees to builder upon certification that dwelling unit is affordable and waive up to one hundred percent of sewer/water tap in fees for affordable housing units;

(d)   fast-track permitting including, but not limited to, streamlining the permitting process for new development projects and expediting affordable housing developments to help reduce cost and time delays;

(e)   design flexibility allowing for greater design flexibility, creating pre-approved design standards to allow for quick and easy approval, and promoting infill development, mixed use and accessory dwellings.

(2)(4)   'Subdivision' means all divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose, whether immediate or future, of sale, lease, or building development, and includes all division of land involving a new street or change in existing streets, and includes re-subdivision which would involve the further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law; or, the alteration of any streets or the establishment of any new streets within any subdivision previously made and

(5)   'Traditional neighborhood design' means development designs intended to enhance the appearance and functionality of new development so that it functions like a traditional neighborhood or town. These designs make possible reasonably high residential densities, a mixture of residential and commercial land uses, a range of single and multi-family housing types, street connectivity both within the new development and to surrounding roadways, pedestrian, and bicycle features.

(6)   'Unnecessary housing regulatory requirements' mean those development standards and procedures that are not essential to protect the public health, safety, or welfare and that may otherwise make a proposed housing development economically infeasible. Unnecessary housing regulatory requirements may include, but are not limited to:

(a)   standards or requirements for minimum lot size, building size, building setbacks, spacing between buildings, impervious surfaces, open space, landscaping, buffering, reforestation, road width, pavements, parking, sidewalks, paved paths, culvers and storm water drainage, and sizing of water and sewer lines that are excessive; and

(b)   application and review procedures that require or result in extensive submittals and lengthy review periods."
SECTION   5.   Section 6-29-1130(A) of the 1976 Code is amended to read:

"(A)   When at least the community facilities element, the housing element, and the priority investment element of the comprehensive plan as authorized by this chapter has have been adopted by the local planning commission and the local governing body or bodies, the local planning commission may prepare and recommend to the governing body or bodies for adoption regulations governing the development of land within the jurisdiction. These regulations may provide for the

Rep. HAGOOD explained the amendment.

Rep. LOFTIS moved to adjourn debate on the Bill until Tuesday, February 14, which was agreed to.

Rep. J. R. SMITH moved that the House recur to the Morning Hour, which was agreed to.

Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:

H. 4607 (Word version) -- Rep. Hayes: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE INTERCHANGE AT THE INTERSECTION ON INTERSTATE HIGHWAY 95 AND SOUTH CAROLINA HIGHWAY 9 IN DILLON COUNTY IN HONOR OF RETIRED

The following was introduced:

H. 4636 (Word version) -- Reps. G. M. Smith, Weeks, Coates, J. H. Neal, G. Brown, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, 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, 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. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Whipper, White, Whitmire, Witherspoon and Young: A HOUSE RESOLUTION TO CONGRATULATE MACK KOLB OF SUMTER COUNTY AS THE 2005 BUSINESS PERSON OF THE YEAR BY THE GREATER SUMTER CHAMBER OF COMMERCE AND THE CITIZEN'S BANK, AND TO HONOR HIM FOR HIS OUTSTANDING CONTRIBUTIONS TO THE REAL ESTATE AND COMMUNITY OF SUMTER AND THE STATE OF SOUTH CAROLINA.

The Resolution was adopted.

The following was introduced:

H. 4637 (Word version) -- Reps. G. M. Smith, Weeks, Coates, G. Brown, J. H. Neal, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, 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, 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. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Whipper, White, Whitmire, Witherspoon and Young: A HOUSE RESOLUTION TO HONOR AND RECOGNIZE TECHNICAL SERGEANT DONTA L. TRAPPS OF SHAW AIR FORCE BASE FOR HIS OUTSTANDING COMMITMENT TO HIS CAREER, COMMUNITY, AND COUNTRY AND TO WISH HIM ALL THE BEST IN EVERY ENDEAVOR HE UNDERTAKES.

The Resolution was adopted.

The following was introduced:

H. 4638 (Word version) -- Reps. G. M. Smith, Weeks, J. H. Neal, 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,

The Resolution was adopted.

The following was introduced:

H. 4639 (Word version) -- Reps. Thompson, 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, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A HOUSE RESOLUTION TO HONOR AND RECOGNIZE WILLIAM M. RHODES III OF ANDERSON COUNTY FOR HIS OUTSTANDING

The Resolution was adopted.

The following was introduced:

H. 4640 (Word version) -- Reps. Haskins, 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, 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 HONORING MRS. TRUDY FREMONT OF GREENVILLE COUNTY AND RECOGNIZING HER STRENGTH AND PERSEVERANCE AS A DEVOTED CAREGIVER FOR MANY YEARS, HER DEDICATION AS A WIFE AND MOTHER, HER MANY AND VARIED CONTRIBUTIONS TO THE COMMUNITY, AND TAKING NOTICE OF THE FINE EXAMPLE SHE SETS FOR HER FELLOW SOUTH CAROLINIANS.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

The following Bills were introduced, read the first time, and referred to appropriate committees:

H. 4641 (Word version) -- Reps. G. M. Smith and Weeks: A BILL TO AMEND SECTION 56-5-970, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRAFFIC CONTROL SIGNALS, SO AS TO PROVIDE THAT A DRIVER OF A MOTORCYCLE OR MOPED MAY PROCEED THROUGH A HIGHWAY INTERSECTION CONTROLLED BY A TRAFFIC-CONTROL DEVICE UNDER CERTAIN CIRCUMSTANCES WHEN A VEHICLE SENSOR FAILS TO DETECT THE VEHICLE BECAUSE OF ITS WEIGHT OR SIZE.
Referred to Committee on Education and Public Works

H. 4642 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-11-25 SO AS TO PROVIDE QUALIFICATIONS FOR A COUNTY CLERK OF COURT, AUDITOR, AND TREASURER.
Referred to Committee on Judiciary

Rep. LITTLEJOHN moved that the House do now adjourn, which was agreed to.

At 11:35 a.m. the House, in accordance with the motion of Rep. ANTHONY, adjourned in memory of former Representative Furman L. Fendley of Union, to meet at 10:00 a.m. tomorrow.

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