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 Isaiah 50:4: "He wakens me morning by morning, wakens my ears to listen like one being taught."
Let us pray. Loving God, thank You for waking me each new day; help me to listen to Your word and act on it to help those in need. Provide these men and women with the tools to accomplish great things for our State and her people. Bless our Nation, President, State, Governor, Speaker and all who serve in these halls of government. Hold our defenders of freedom in Your arms and protect them as they protect us. In the name of our Lord. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. J. H. NEAL moved that when the House adjourns, it adjourn in memory of Councilman Louis Fleming of Sumter, which was agreed to.
The following was introduced:
H. 3571 (Word version) -- Reps. Barfield, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, Hosey, Howard,
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 3572 (Word version) -- Reps. Hagood, Rutherford, Bales, Barfield, Branham, G. Brown, Cato, Ceips, Chalk, Coleman, Edge, Gullick, Hardwick, Hayes, Jefferson, Jennings, Limehouse, Littlejohn, Mack, McLeod, Ott, Pinson, Sandifer, Scott, W. D. Smith, Spires, Talley and White: A BILL TO AMEND CHAPTER 22, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRETRIAL INTERVENTION PROGRAM BY DESIGNATING THE EXISTING SECTIONS AS ARTICLE 1 AND BY ADDING ARTICLE 3 SO AS TO CREATE THE "TRAFFIC DIVERSION PROGRAM ACT", TO PROVIDE THAT EACH SOLICITOR HAS THE AUTHORITY TO ESTABLISH A PROGRAM FOR PERSONS WHO COMMIT TRAFFIC-RELATED OFFENSES PUNISHABLE BY A FINE OR LOSS OF POINTS, TO PROVIDE THAT THE SOLICITOR IS AUTHORIZED TO CONTRACT FOR SERVICES WITH THE APPROPRIATE MUNICIPALITY OR COUNTY, AND TO PROVIDE PROCEDURES FOR THE OPERATION OF A TRAFFIC
H. 3574 (Word version) -- Rep. Herbkersman: A BILL TO AMEND SECTION 59-20-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "INDEX OF TAXPAYING ABILITY" TO PROVIDE THAT THE INDEX IS COMPRISED OF THREE EQUALLY WEIGHTED COMPONENTS THAT MEASURE ASSESSED VALUE, REDUCED AND FREE LUNCH, AND REAL WAGES; AND TO AMEND SECTION 59-20-40, AS AMENDED, RELATING TO THE COMPUTATION OF THE REQUIRED LOCAL REVENUE IN SUPPORT OF THE FOUNDATION PROGRAM, TO PROVIDE THAT THE COMPUTATION SHALL EQUALLY WEIGH EACH OF THE THREE COMPONENTS OF THE INDEX OF TAXPAYING ABILITY.
Referred to Committee on Ways and Means
H. 3575 (Word version) -- Reps. Young, Harrell, Anthony, Clyburn, Lucas, J. M. Neal, Owens, E. H. Pitts, Taylor, White and Chellis: A BILL TO AMEND SECTION 1-3-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GOVERNOR'S REMOVAL OF PERSONS APPOINTED TO CERTAIN STATE OFFICES, FOR CERTAIN REASONS, SO AS TO ADD DEPARTMENT OF TRANSPORTATION COMMISSIONERS TO THIS LIST OF PERSONS WHO MAY BE REMOVED FROM OFFICE BY THE GOVERNOR; TO AMEND SECTION 1-30-10, RELATING TO THE DEPARTMENTS OF STATE GOVERNMENT AND THEIR GOVERNING BODIES, SO AS TO PROVIDE FOR THE GOVERNING STRUCTURE OF THE DEPARTMENT OF TRANSPORTATION; TO AMEND SECTION 1-30-105, RELATING TO THE ESTABLISHMENT OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO MAKE TECHNICAL CHANGES AND PROVIDE FOR THE ELECTION OF ITS GOVERNING AUTHORITY UNTIL FEBRUARY 15, 2008; TO AMEND SECTION 8-13-1110, AS AMENDED, RELATING TO PUBLIC OFFICIALS WHO MUST FILE A STATEMENT OF ECONOMIC INTEREST, SO AS TO PROVIDE THAT DEPARTMENT OF TRANSPORTATION DISTRICT ENGINEERS MUST FILE A STATEMENT OF ECONOMIC INTEREST; TO AMEND SECTION 11-11-150, AS AMENDED, RELATING TO CALCULATING
S. 66 (Word version) -- Senators Martin, Cromer, Vaughn, Knotts, Cleary, Leatherman, Verdin, Fair and Alexander: A BILL TO AMEND SECTIONS 61-4-90 AND 61-6-4070 OF THE 1976 CODE, RELATING TO THE TRANSFER OF AN ALCOHOLIC BEVERAGE TO A MINOR, TO PROVIDE THAT IT IS UNLAWFUL TO TRANSFER AN ALCOHOLIC BEVERAGE TO A PERSON UNDER THE AGE OF TWENTY-ONE YEARS REGARDLESS OF THE MINOR'S INTENT.
Referred to Committee on Judiciary
S. 437 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF ACCOUNTANCY, RELATING TO LICENSURE OF CERTIFIED PUBLIC ACCOUNTANTS, ACCOUNTING PRACTITIONERS AND REGISTRATION OF ACCOUNTING FIRMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3092, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Labor, Commerce and Industry
The following was introduced:
H. 3573 (Word version) -- Reps. Neilson, Perry, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis,
The Resolution was adopted.
The following was introduced:
H. 3577 (Word version) -- Rep. Harvin: A CONCURRENT RESOLUTION TO HONOR AND COMMEND THE MEMBERS AND STAFF OF THE CLARENDON COUNTY CHAMBER OF COMMERCE ON THEIR MANY IMMEASURABLE CONTRIBUTIONS TO THEIR COMMUNITY AND TO THE STATE OF SOUTH CAROLINA, AND TO RECOGNIZE THE OCCASION OF THE CLARENDON COUNTY CHAMBER'S VISIT TO COLUMBIA ON FEBRUARY 28, 2007, AS CLARENDON COUNTY CHAMBER AT THE CAPITOL DAY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows:
Agnew Alexander Allen Anthony Bales Ballentine Bannister Barfield Battle Bedingfield Bingham Bowen Bowers Branham Brantley Breeland G. Brown R. Brown Cato Ceips Chalk Chellis Clemmons Clyburn Cobb-Hunter Coleman Cooper Cotty Crawford Dantzler Delleney Duncan Funderburk Gambrell Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Hart Harvin Haskins Hayes Herbkersman Hinson Hiott Hodges Hosey Howard Huggins Jefferson Jennings Kelly Kennedy Kirsh Knight Limehouse Littlejohn Loftis Lowe Mack Mahaffey McLeod Merrill Miller Mitchell Moss Mulvaney J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Pinson E. H. Pitts M. A. Pitts Rice Sandifer Scarborough Scott Sellers Shoopman Simrill Skelton D. C. Smith F. N. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Spires Stavrinakis Talley Taylor Thompson Toole Umphlett Viers Walker Weeks White Whitmire Williams Witherspoon Young
I came in after the roll call and was present for the Session on Thursday, February 22.
James E. Stewart Todd Rutherford James Lucas Jackson "Seth" Whipper Ralph Davenport Tracy Edge Ted Vick Carl Anderson Jerry Govan
The SPEAKER granted Rep. BRADY a leave of absence for the day for the purpose of attending a mandatory meeting of the Executive Board of the Council of State Governments as the co-chair of the CSG of Public Safety and Justice Task Force.
The SPEAKER granted Rep. LEACH a leave of absence for the day due to illness.
The SPEAKER granted Rep. FRYE a leave of absence for the day due to illness.
Announcement was made that Dr. Robert Livingston III of Newberry was the Doctor of the Day for the General Assembly.
Rep. PINSON presented to the House the Greenwood High School Football Team, the 2006 Division II, Class AAAA Champions, their coaches and other school officials.
Rep. PERRY and the Aiken Delegation presented to the House the University of South Carolina-Aiken "Pacers" Golf Team, the 2006 Division II NCAA Champions, their coach and other school officials.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. 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. 3136 (Word version)
Date: ADD:
02/22/07 JEFFERSON
Bill Number: H. 3034 (Word version)
Date: ADD:
02/22/07 WHIPPER
Bill Number: H. 3094 (Word version)
Date: ADD:
02/22/07 MAHAFFEY
Bill Number: H. 3212 (Word version)
Date: ADD:
02/22/07 SIMRILL
Bill Number: H. 3212 (Word version)
Date: ADD:
02/22/07 BEDINGFIELD
Bill Number: H. 3273 (Word version)
Date: ADD:
02/22/07 OWENS
Bill Number: H. 3284 (Word version)
Date: ADD:
02/22/07 MULVANEY
Bill Number: H. 3309 (Word version)
Date: ADD:
02/22/07 PHILLIPS
Bill Number: H. 3310 (Word version)
Date: ADD:
02/22/07 OWENS
Bill Number: H. 3310 (Word version)
Date: ADD:
02/22/07 RICE
Bill Number: H. 3310 (Word version)
Date: ADD:
02/22/07 VICK
Bill Number: H. 3310 (Word version)
Date: ADD:
02/22/07 SCARBOROUGH
Bill Number: H. 3346 (Word version)
Date: ADD:
02/22/07 BOWERS
Bill Number: H. 3355 (Word version)
Date: ADD:
02/22/07 HASKINS
Bill Number: H. 3486 (Word version)
Date: ADD:
02/22/07 FUNDERBURK
Bill Number: H. 3493 (Word version)
Date: ADD:
02/22/07 COTTY
Bill Number: H. 3499 (Word version)
Date: ADD:
02/22/07 OWENS
Bill Number: H. 3567 (Word version)
Date: ADD:
02/22/07 GULLICK
Bill Number: H. 3294 (Word version)
Date: REMOVE:
02/22/07 BOWERS
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 3558 (Word version) -- Reps. Lowe, Williams, Branham and Alexander: A BILL TO PROVIDE THAT THE TERMS OF OFFICE OF ELECTED
H. 3564 (Word version) -- Reps. Davenport, Walker, Anthony, Kelly, Littlejohn, Mahaffey, Mitchell, W. D. Smith and Talley: A BILL TO CREATE THE SPARTANBURG COUNTY BOARD OF ELECTIONS AND REGISTRATION, TO PROVIDE THAT THE CURRENT MEMBERS OF THE SPARTANBURG COUNTY ELECTION COMMISSION AND THE SPARTANBURG COUNTY REGISTRATION BOARD SHALL ACT AS THE GOVERNING BODY OF THE NEW SPARTANBURG COUNTY BOARD OF ELECTIONS AND REGISTRATION UNTIL THE MEMBERS OF THE NEW BOARD ARE APPOINTED, AT WHICH TIME THE TERMS OF THE MEMBERS OF THE ELECTION COMMISSION AND REGISTRATION BOARD EXPIRES, TO PROVIDE FOR THE COMPOSITION OF THE BOARD, AND TO ABOLISH THE ELECTION COMMISSION AND THE REGISTRATION BOARD FOR SPARTANBURG COUNTY AND DEVOLVE THE POWERS AND DUTIES OF THE ELECTION COMMISSION AND THE REGISTRATION BOARD UPON THE SPARTANBURG COUNTY BOARD OF ELECTIONS AND REGISTRATION.
S. 330 (Word version) -- Senators Hayes, Peeler, Short and Gregory: A BILL TO AMEND SECTION 7-7-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN YORK COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS OF YORK COUNTY, AND TO REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
S. 132 (Word version) -- Senator Mescher: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-13-390, TO PROVIDE THAT NO MORE THAN ONE ARKANSAS BLUE CATFISH OVER THIRTY-FOUR INCHES MAY BE TAKEN FROM THE WATERS OF LAKES MARION AND MOULTRIE BY ANY ONE PERSON IN ONE DAY, AND TO PROVIDE THAT THE
Rep. M. A. PITTS explained the Bill.
S. 294 (Word version) -- Senator Fair: A BILL TO AMEND SECTION 20-7-8303, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THOSE OFFENSES COMMITTED BY JUVENILES FOR WHICH RELEASE FROM THE DEPARTMENT OF JUVENILE JUSTICE IS DETERMINED BY THE BOARD OF JUVENILE PAROLE OR THE DEPARTMENT, SO AS TO CLARIFY THAT RELEASE FOR THE OFFENSE OF ASSAULT AND BATTERY OF A HIGH AND AGGRAVATED NATURE MUST BE DETERMINED BY THE BOARD; AND TO AMEND SECTION 20-7-8305, AS AMENDED, RELATING TO REVIEW AND RELEASE PROCEDURES FOR THE BOARD AND DEPARTMENT, SO AS TO PROVIDE THAT THE STATUTORY PROCEDURES APPLY TO THE BOARD AND THAT THE DEPARTMENT SHALL ESTABLISH POLICIES AND PROCEDURES GOVERNING ITS REVIEW AND RELEASE PROCEDURES.
Rep. G. M. SMITH explained the Bill.
On motion of Rep. CRAWFORD, with unanimous consent, it was ordered that H. 3558 (Word version) be read the third time tomorrow.
On motion of Rep. DAVENPORT, with unanimous consent, it was ordered that H. 3564 (Word version) be read the third time tomorrow.
On motion of Rep. KIRSH, with unanimous consent, it was ordered that S. 330 (Word version) be read the third time tomorrow.
On motion of Rep. M. A. PITTS, with unanimous consent, it was ordered that S. 132 (Word version) be read the third time tomorrow.
On motion of Rep. G. M. SMITH, with unanimous consent, it was ordered that S. 294 (Word version) be read the third time tomorrow.
The following Bill was taken up:
H. 3034 (Word version) -- Reps. Brady, Haskins, Cobb-Hunter, Cotty, Funderburk, Hagood, Stavrinakis, Gullick, Bowers and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-52-690 TO THE SOUTH CAROLINA ENERGY EFFICIENCY ACT SO AS TO REQUIRE THE APPLICATION OF "GREEN BUILDING" OR COMPARABLE STANDARDS TO STANDARDS OR MEASURES OF ENERGY EFFICIENCY AND ENERGY CONSERVATION TO BUILDINGS CONSTRUCTED ON STATE PROPERTY WITH CONSTRUCTION BUDGETS OF MORE THAN FIFTEEN MILLION DOLLARS AND TO PROVIDE EXEMPTIONS OF CERTAIN STATE-FUNDED STRUCTURES.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\AGM\ 18770MM07):
Amend the bill, as and if amended, by striking all after the enacting clause and inserting:
/ SECTION 1. Article 6, Chapter 52 of Title 48 of the 1976 Code is amended by adding:
"Section 48-52-690. (A) As used in this chapter, 'energy efficiency' or 'energy conservation' standards, guidelines, or measures must meet the requirements of this section. Certification of goods or products, development and reporting of consumption plans and goals, evaluation of a guaranteed energy savings contract, or other purpose used in the design and construction of a new building constructed on state property with a construction budget of more than fifteen million dollars must display due diligence for the achievement of:
(1) at least a certified rating as defined by the United States Green Building Council's Leadership in Energy and Environmental Design (LEED) green building rating system including, but not limited to or specifically required, the following;
(a) Under LEED Credit MR 6, one point may be awarded for the use of renewable, bio-based materials for five percent of the
(b) Under LEED Credit MR 7, one point may be awarded for the use of renewable, bio-based raw materials certified in accordance with one or more premier certification programs for environmental management, for fifty percent of the total value of all bio-based materials and products used in the project. Certification programs include, but are not limited to, the Forest Stewardship Council, the Sustainable Forestry Initiative, the American Tree Farm System, the Canadian Standards Association, the Organic Trade Association, and the Association for Bamboo in Construction;
(c) The applicable vendor's or manufacturer's certification documentation must be provided; or
(2) at least a comparable rating to the LEED certified rating or at least a one globe rating as defined by the Green Globes green building rating system and is a nationally recognized, consensus-based green building guideline, standard, or system approved by the State Budget and Control Board.
(B) A commissioning agent, which is employed and compensated by the owner of the project, must evaluate a new building constructed on state property with a construction budget of more than fifteen million dollars to ensure compliance with the requirements of subsection (A). For purposes of this section, the architect, engineer, or other designer of the project is responsible for working with the owner of the project and the commissioning agent with respect to compliance with this section.
(C) This section does not apply to:
(1) design and construction of parking garages or outdoor sports facilities. For purposes of this section, 'outdoor sports facilities' means an area designed and equipped for active recreation, athletics, entertainment, or education, or any number of them, including, but not limited to, baseball, softball, soccer, football, tennis, track and field, swimming, and equestrian events.
(2) South Carolina State Ports Authority, South Carolina Public Service Authority, South Carolina Research Authority, South
(3) projects exempted by the Budget and Control Board as the result of evidence that compliance with this section is clearly not in the best interest of the project; or
(4) to projects in design or being constructed on the effective date of this act.
Section 48-52-695. The State Budget and Control Board shall administer and enforce the provisions of this article. The board may adopt rules and promulgate regulations to comply with the goals provided in Section 48-52-690."
SECTION 2. Upon approval by the Governor this act takes effect on July 1, 2009. /
Renumber sections to conform.
Amend title to conform.
Rep. HUGGINS explained the amendment.
Rep. LOFTIS 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. 3456 (Word version) -- Reps. M. A. Pitts, Pinson and Parks: A BILL TO AMEND TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOUSING AND REDEVELOPMENT, BY ADDING CHAPTER 20 ENACTING THE "ABANDONED MANUFACTURED HOME REMOVAL ACT" SO AS TO PROVIDE A PROCEDURE FOR DEMOLITION AND DISPOSAL OF ABANDONED MANUFACTURED HOMES AND PROVIDE THE APPROPRIATE NOTICE AND OTHER PROCEDURES NECESSARY FOR THIS ACT; AND TO AMEND SECTION 12-49-85, AS AMENDED, RELATING TO UNCOLLECTIBLE REAL AND PERSONAL PROPERTY TAXES, SO AS TO ALLOW THE COUNTY AUDITOR TO WAIVE AND REMOVE FROM THE TAX DUPLICATE CURRENT AND DELINQUENT PROPERTY TAXES,
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\ 9786HTC07):
Amend the bill, as and if amended, by striking Sections 31-20-20, 31-20-30, 31-20-60, and 31-20-70, as contained in SECTION 2, beginning on page 2 and inserting:
/ SECTION 31-20-20. As used in this chapter:
(1) 'Abandoned manufactured home' means a manufactured home, located on property of a third party, which has not been occupied for a period of at least sixty consecutive days and:
(a) is not connected to electricity;
(b) is not connected to a source of safe potable water supply sufficient for normal residential needs;
(c) is not connected to a waste water disposal system as approved by the South Carolina Department of Health and Environmental Control; or
(d) is in a state of disrepair and does not meet the minimum habitability standards as adopted by the South Carolina Manufactured Housing Board.
(2) 'Demolished' means being permanently destroyed so that a manufactured home is no longer capable of being used or occupied for any purpose.
(3) 'Landowner' means the owner of real property on which an abandoned manufactured home is located.
(4) 'Manufactured home' has the meaning provided in Section 40-29-20(9).
Section 31-20-30. If a landowner desires to dispose of an abandoned manufactured home located on the landowner's property, the landowner shall post a notice on each door of the manufactured home for sixty consecutive days reading substantially as follows:
'NOTICE
Disposition/Demolition Permit for this mobile home to be applied for by (applicant), (applicant's address), (applicant's telephone number), sixty days from the date of this notice.
(Date of Notice)'
Section 31-20-60. The owner of the manufactured home and any lienholder have sixty days to respond, after the later of (1) the posting
Section 31-20-70. (A) Upon application by a landowner for a permit to move an abandoned manufactured home pursuant to this article, the county shall inspect the home to verify that the home meets the requirements of Section 31-20-20(1) and shall provide written verification to the licensing agent who shall retain a copy of the verification. The licensing agent shall issue a permit allowing the abandoned manufactured home to be permanently demolished and disposed of. The licensing agent is not required to inquire as to whether or not the landowner has complied with the requirements of this chapter. /
Renumber sections to conform.
Amend title to conform.
Rep. HUGGINS explained the amendment.
Rep. VICK 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. 3481 (Word version) -- Reps. Cato, G. Brown, Cobb-Hunter, Cooper, Dantzler, Haley, Huggins, Leach, Owens, Skelton, G. M. Smith and Witherspoon: A BILL TO AMEND SECTION 40-10-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHOM THE PROVISIONS OF CHAPTER 10, TITLE 40, REGULATING FIRE SPRINKLER CONTRACTORS, DO NOT APPLY, SO AS TO PROVIDE THAT CHAPTER 10 DOES NOT APPLY TO PERSONS WHO ARE EMPLOYED BY PUBLIC
Rep. CATO 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. 3021 (Word version) -- Reps. Coleman and Anthony: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-3-185 SO AS TO PROVIDE THAT TO THE EXTENT THE BOARD OR THE DEPARTMENT OF NATURAL RESOURCES HAS THE AUTHORITY AND RESPONSIBILITY UNDER LAW TO SET THE OPEN AND CLOSED SEASONS FOR THE TAKING OF FISH OR GAME, THE BAG OR SIZE LIMITS FOR FISH OR GAME TAKEN, OR ANY OTHER CONDITIONS OR LIMITATIONS REGARDING THE TAKING OF FISH OR GAME, THESE SEASONS, LIMITS, OR OTHER CONDITIONS OR LIMITATIONS EXCEPT FOR DOG DRIVING MUST BE THE SAME FOR ALL GAME ZONES WHICH THE BOARD OR DEPARTMENT SETS AND MUST BE CONSISTENT WITH THE PROVISIONS FOR A MAJORITY OF OTHER GAME ZONES WHICH ARE SET BY LAW.
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 SPEAKER granted Rep. SKELTON a leave of absence for the remainder of the day.
The following Bill was taken up:
H. 3490 (Word version) -- Reps. G. M. Smith, E. H. Pitts, Delleney, Harrison, Hart, Lucas, Rutherford, Sandifer, Stavrinakis, Thompson, Weeks, Whitmire and McLeod: A BILL TO AMEND CHAPTER 22, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRETRIAL INTERVENTION PROGRAM BY DESIGNATING THE EXISTING SECTIONS AS ARTICLE 1 AND BY ADDING ARTICLE 5 SO AS TO CREATE THE "ALCOHOL EDUCATION PROGRAM ACT", TO PROVIDE THAT EACH SOLICITOR HAS THE AUTHORITY TO ESTABLISH A PROGRAM FOR PERSONS WHO COMMIT CERTAIN ALCOHOL-RELATED OFFENSES, AND TO PROVIDE PROCEDURES FOR THE OPERATION OF A PROGRAM AND REQUIREMENTS FOR PERSONS DESIRING TO ENTER A PROGRAM.
Rep. COBB-HUNTER 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. 3278 (Word version) -- Reps. G. R. Smith, Haskins, Bedingfield, Cato, Hamilton, Harrell, Leach, E. H. Pitts, Shoopman, F. N. Smith and Taylor: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-200 SO AS TO PROVIDE A UNIFORM METHOD OF FILLING VACANCIES IN AN ELECTED OR APPOINTED OFFICE WHEN A PERSON MOVES HIS RESIDENCE OUTSIDE OF THE AREA FROM WHICH HE WAS ELECTED OR APPOINTED.
Rep. VICK 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. 3212 (Word version) -- Reps. Delleney, M. A. Pitts, Haley, Crawford, Chellis, G. R. Smith, Owens, Rice, Weeks, Viers, Simrill and Bedingfield: A BILL TO AMEND SECTION 23-31-215, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF CONCEALABLE WEAPONS PERMITS, SO AS TO PROVIDE THAT VALID OUT-OF-STATE PERMITS TO CARRY CONCEALABLE WEAPONS HELD BY A RESIDENT OF ANOTHER STATE MUST BE HONORED BY THIS STATE AND TO DELETE THE PROVISION THAT THIS STATE WILL ONLY HONOR OUT-OF-STATE PERMITS ISSUED BY A STATE WITH WHICH SOUTH CAROLINA HAS RECIPROCITY.
Rep. MILLER 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. 3310 (Word version) -- Reps. M. A. Pitts, Duncan, Gambrell, Herbkersman, Sandifer, Whipper, White, Bedingfield, Weeks, Owens, Rice, Vick and Scarborough: A BILL TO AMEND SECTION 16-23-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL CARRYING OF HANDGUNS, SO AS TO ALLOW A PERSON TO CARRY A HANDGUN ON HIS PERSON IN A VEHICLE IF HE HAS A VALID CONCEALED WEAPON PERMIT.
Rep. TALLEY explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. TALLEY, with unanimous consent, it was ordered that H. 3310 (Word version) be read the third time tomorrow.
The following Joint Resolution was taken up:
H. 3135 (Word version) -- Reps. J. E. Smith, Funderburk and Cotty: A JOINT RESOLUTION TO ESTABLISH A STUDY COMMITTEE TO DEVELOP A STATEWIDE COMPREHENSIVE SERVICE DELIVERY SYSTEM FOR PERSONS WITH EPILEPSY IN THIS STATE AND TO PROVIDE FOR THE MEMBERSHIP, DUTIES, AND RESPONSIBILITIES OF THE STUDY COMMITTEE.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\11302AC07), which was adopted:
Amend the joint resolution, as and if amended, by deleting subitem (f) in Section 1 (B)(4) and inserting:
/ (f) Lieutenant Governor's Office on Aging;/
Amend the joint resolution further, by deleting subitem (j) in SECTION 1(B)(4) and inserting:
/ (j) Protection and Advocacy for People with Disabilities, Inc.;/
Rep. HARVIN explained the amendment.
The amendment was then adopted.
The Joint Resolution, as amended, was read the second time and ordered to third reading.
On motion of Rep. COTTY, with unanimous consent, it was ordered that H. 3135 (Word version) be read the third time tomorrow.
The following Bill was taken up:
S. 408 (Word version) -- Senators Short and Leatherman: A BILL TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JOBS TAX CREDIT, SO AS TO PROVIDE THAT A COUNTY'S DESIGNATION MAY NOT DROP MORE THAN ONE TIER IN THE FOLLOWING YEAR AS A RESULT OF THE ANNUAL RANKING AND DESIGNATION OF COUNTIES BY THE DEPARTMENT OF REVENUE.
Rep. MCLEOD made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not
The following Joint Resolution was taken up:
H. 3566 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, OCCUPATIONAL SAFETY AND HEALTH, RELATING TO REPORTING FATALITIES AND MULTIPLE HOSPITALIZATION INCIDENTS TO OSHA, DESIGNATED AS REGULATION DOCUMENT NUMBER 3105, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. DAVENPORT made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
On motion of Rep. HERBKERSMAN, with unanimous consent, the following Bill was ordered recalled from the Beaufort Delegation:
S. 208 (Word version) -- Senator Richardson: A BILL TO AMEND SECTION 7-7-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN BEAUFORT COUNTY, SO AS TO REVIEW AND RENAME CERTAIN VOTING PRECINCTS OF BEAUFORT COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD, AND TO ADD A PROVISION TO AUTHORIZE THE BEAUFORT COUNTY BOARD OF ELECTIONS AND REGISTRATION, WITH THE APPROVAL OF A MAJORITY OF THE BEAUFORT COUNTY LEGISLATIVE DELEGATION, TO DETERMINE THE
On motion of Rep. JENNINGS, with unanimous consent, the following Bill was ordered recalled from the Marlboro Delegation:
H. 3357 (Word version) -- Rep. Jennings: A BILL TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE MARLBORO COUNTY TRANSPORTATION COMMITTEE.
The following Bill was taken up, read the third time, and ordered sent to the Senate:
H. 3097 (Word version) -- Reps. Rice, Walker, G. R. Smith, Shoopman, Cobb-Hunter, Mahaffey, Cotty, Owens, D. C. Smith, Bedingfield, Bales and Viers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 16 TO TITLE 59 SO AS TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL ESTABLISH THE SOUTH CAROLINA VIRTUAL SCHOOL PROGRAM, PROVIDE REQUIREMENTS FOR THE VIRTUAL SCHOOL PROGRAM, PROVIDE FOR COURSES OFFERED FOR CERTAIN CREDIT, PROVIDE FOR THE VIRTUAL SCHOOL PROGRAM'S TEACHERS, PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL PROMULGATE REGULATIONS, PROVIDE FOR A STUDY TO DETERMINE THE FEASIBILITY OF PROVIDING THE VIRTUAL SCHOOL PROGRAM TO STUDENTS ENROLLED IN ADULT EDUCATION PROGRAMS, PROVIDE FOR AN ANNUAL REPORT TO THE GENERAL ASSEMBLY, AND PROVIDE FOR AN ON-LINE PROGRAM IN A CHARTER SCHOOL; AND BY ADDING SECTION 59-40-65 SO AS TO PROVIDE THAT CERTAIN INFORMATION MUST BE INCLUDED IN THE CHARTER SCHOOL APPLICATION IF A CHARTER SCHOOL OFFERS A PROGRAM OF ON-LINE INSTRUCTION AND PROVIDE THAT CHARTER SCHOOL STUDENTS MAY ENROLL IN THE VIRTUAL SCHOOL PROGRAM PURSUANT TO PROGRAM REQUIREMENTS.
The motion period was dispensed with on motion of Rep. HARDWICK.
The following Bill was taken up:
H. 3267 (Word version) -- Reps. G. M. Smith, Cotty, Delleney, McLeod, Simrill and Weeks: A BILL TO AMEND SECTION 14-5-610, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DIVISION OF THE STATE INTO SIXTEEN JUDICIAL CIRCUITS AND ADDITIONAL AT-LARGE JUDGES, SO AS TO INCREASE THE NUMBER OF AT-LARGE CIRCUIT COURT JUDGES FROM THIRTEEN TO SIXTEEN; TO AMEND SECTION 20-7-1410, AS AMENDED, RELATING TO FAMILY COURT JUDGES ELECTED FROM EACH JUDICIAL CIRCUIT, SO AS TO INCREASE THE NUMBER OF FAMILY COURT JUDGES IN THE FIFTH, SEVENTH, AND SIXTEENTH CIRCUITS BY ONE ADDITIONAL JUDGE.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7155AHB07), which was adopted:
Amend the bill, as and if amended, by deleting Section 20-7-1410, as contained in SECTION 2, lines 4 through 40, and inserting:
/ "Section 20-7-1410. (A) The General Assembly shall elect a number of family court judges from each judicial circuit as follows:
First Circuit Three Judges
Second Circuit Two Judges
Third Circuit Three Judges
Fourth Circuit Three Judges
Fifth Circuit Four Judges
Sixth Circuit Two Judges
Seventh Circuit Three Judges
Eighth Circuit Three Judges
Ninth Circuit Six Judges
Tenth Circuit Three Judges
Eleventh Circuit Three Judges
Twelfth Circuit Three Judges
Thirteenth Circuit Six Judges
Fourteenth Circuit Three Judges
Fifteenth Circuit Three Judges
Sixteenth Circuit Two Judges
(B) In the following judicial circuits at least one family court judge must be a resident of each county in the circuit: fifth, seventh, tenth, twelfth, thirteenth, fifteenth, and sixteenth. In those judicial circuits made up of three or more counties at least one family court judge must be a resident of one of the counties which does not have the largest population in the circuit. In the ninth circuit, both counties in the circuit must have at least two resident family court judges.
(C) No county in the sixth circuit shall have more than one resident family court judge.
(D) In addition to the above judges authorized by this section, there must be three additional family court judges elected by the General Assembly from the State at-large for terms of office of six years. These additional judges must be elected without regard to county or circuit of residence. Each office of the at-large judges is a separate office and is assigned numerical designations of Seat No. 1 through Seat No. 3 respectively."
B. The three additional judges authorized by the provisions of SECTION 2.A. take office on July 1, 2007, and the Judicial Merit Selection Commission on the effective date of this act shall begin the process of nominating candidates for these judicial offices, and the General Assembly then shall elect these judges from the nominees of the commission so that these judges may take office on July 1, 2007. /
Renumber sections to conform.
Amend title to conform.
Rep. DELLENEY explained the amendment.
The amendment was then adopted.
Reps. SCOTT and HARRISON proposed the following Amendment No. 2 (Doc Name COUNCIL\MS\7162AHB07), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. (A) There is created a Judicial Circuit Reapportionment Study Committee to review the apportionment of the state's judicial circuits and to examine and evaluate the size of the existing judicial circuits with the goals of keeping counties whole and determining the appropriateness of having the larger counties contained within their own judicial circuits.
(B) The Judicial Circuit Reapportionment Study Committee must be composed of eleven members appointed as follows:
(1) three members of the House of Representatives appointed by the Speaker of the House of Representatives;
(2) three members of the Senate appointed by the President Pro Tempore of the Senate;
(3) the Chief Justice of the South Carolina Supreme Court;
(4) two members appointed by the Governor who must be attorneys licensed to practice law in the State;
(5) one family court judge appointed by the Chief Justice of the South Carolina Supreme Court; and
(6) one circuit court judge appointed by the Chief Justice of the South Carolina Supreme Court.
(C) The Chairman of the Senate Judiciary Committee shall provide appropriate staff, and the Chairman of the House Judiciary Committee shall provide appropriate staff who shall work with the Office of Research and Statistics to perform the duties of the committee.
(D) Members of the committee may receive per diem, subsistence, and mileage as provided by law for members of state boards, committees, and commissions.
(E) The committee shall render its report and recommendations to the Speaker of the House of Representatives, the President Pro Tempore of the Senate, and the Governor no later than January 1, 2008./
Renumber sections to conform.
Amend title to conform.
Rep. SCOTT explained the amendment.
The amendment was then adopted.
Rep. YOUNG proposed the following Amendment No. 3 (Doc Name COUNCIL\AGM\18774MM07), which was adopted:
Amend the bill, as and if amended, SECTIONS 1.B. and 2.B., by deleting SECTIONS 1.B. and 2.B. in their entireties and inserting:
/ B. The Judicial Merit Selection Commission shall begin the process of nominating candidates for the judicial offices authorized by the provisions of SECTIONS 1.A. and 2.A., and the General Assembly then shall elect these judges from the nominees of the commission; except that, the nominating process may not begin until funding for the additional judges is provided in the general appropriation act. /
Renumber sections to conform.
Amend title to conform.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Agnew Alexander Anderson Ballentine Bannister Barfield Battle Bedingfield Bingham Bowers Branham Brantley G. Brown R. Brown Cato Ceips Chalk Chellis Clemmons Clyburn Cobb-Hunter Coleman Cooper Cotty Crawford Dantzler Davenport Delleney Edge Funderburk Gambrell Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Hart Harvin Haskins Hayes Herbkersman Hinson Hiott Hodges Hosey Howard Huggins Jefferson Jennings Kelly Kennedy Knight Littlejohn Lucas Mack Mahaffey McLeod Miller Moss Mulvaney J. H. Neal J. M. Neal Neilson Ott Owens Perry Rice Rutherford Sandifer Scarborough Scott Sellers Shoopman Simrill D. C. Smith F. N. Smith G. M. Smith G. R. Smith J. R. Smith Spires Stavrinakis Stewart Talley Taylor Thompson Vick Viers Weeks
Whipper White Whitmire Williams Young
Those who voted in the negative are:
Kirsh Loftis Merrill Pinson E. H. Pitts M. A. Pitts Toole Umphlett Witherspoon
So, the Bill, as amended, was read the second time and ordered to third reading.
I was not present in the Chamber when the vote was taken on H. 3267, due to court duty. Had I been present, I would have voted "yea" in favor of the Bill.
Rep. Jerry Govan
Pursuant to the provisions of House Rule 7.8, Rep. JENNINGS cast a proxy vote on behalf of Rep. J. E. SMITH in favor of H. 3267.
Rep. SCOTT asked unanimous consent that H. 3267 (Word version) be read a third time tomorrow.
Rep. KIRSH objected.
Rep. MULVANEY moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 3554 (Word version) -- Reps. Agnew and Gambrell: A CONCURRENT RESOLUTION TO EXTEND CONGRATULATIONS TO MR. RODDEY STEVENSON ELLIS, JR., UPON THE OCCASION OF HIS EIGHTY-FIFTH BIRTHDAY AND WISH HIM GOOD HEALTH AND HAPPINESS IN YEARS TO COME.
H. 3577 (Word version) -- Rep. Harvin: A CONCURRENT RESOLUTION TO HONOR AND COMMEND THE MEMBERS AND STAFF OF THE CLARENDON COUNTY CHAMBER OF COMMERCE ON THEIR MANY IMMEASURABLE CONTRIBUTIONS TO THEIR COMMUNITY AND TO THE STATE OF SOUTH CAROLINA, AND TO RECOGNIZE THE OCCASION OF THE CLARENDON COUNTY CHAMBER'S VISIT TO COLUMBIA ON FEBRUARY 28, 2007, AS CLARENDON COUNTY CHAMBER AT THE CAPITOL DAY.
At 11:15 a.m. the House, in accordance with the motion of Rep. J. H. NEAL, adjourned in memory of Councilman Louis Fleming of Sumter, to meet at 10:00 a.m. tomorrow.
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