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 Proverbs 16:18: "Pride goes before destruction, a haughty spirit before a fall."
Let us pray. Gracious God, give to each the spirit of humility in our association and relationships with each other. Remind us, we are servants of the people and called to do the will of the people, to carefully discern what Your desire is for each of us. Help each to remember why we are here. Bless our Nation, President, State, Governor, Speaker and all who work and serve. Protect our defenders of freedom as they protect us. In the name of the Lord our God. 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. KIRSH moved that when the House adjourns, it adjourn in memory of Dr. Floyd Lacy Parrish, which was agreed to.
The following was received:
Columbia, S.C., January 31, 2007
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. 318:
S. 318 (Word version) -- Senators Pinckney, Grooms, Matthews and Campsen: A CONCURRENT RESOLUTION TO COMMEMORATE THE CONVENING OF THE FOURTH SESSION OF THE SOUTH CAROLINA GENERAL ASSEMBLY IN JACKSONBOROUGH, SOUTH CAROLINA, IN JANUARY OF 1782, AS A RESULT OF THE CONTINUED BRITISH OCCUPATION OF CHARLESTON, SUBSEQUENT TO THE DEFEAT OF THE BRITISH AT YORKTOWN IN OCTOBER OF 1781, BY CONVENING IN JACKSONBORO ON FRIDAY, FEBRUARY 16th, TO HONOR AND CELEBRATE THE JACKSONBOROUGH ASSEMBLY.
Received as information.
Rep. SCARBOROUGH, from the Charleston Delegation, submitted a favorable report on:
H. 3409 (Word version) -- Reps. Scarborough and Limehouse: A BILL TO PROVIDE THAT THE CHARLESTON COUNTY AVIATION AUTHORITY'S MEMBERSHIP SHALL BE INCREASED BY TWO MEMBERS, AND TO PROVIDE THAT THESE MEMBERS SHALL BE THE CHAIRMAN AND VICE CHAIRMAN OF THE CHARLESTON COUNTY LEGISLATIVE DELEGATION, OR THEIR DESIGNEES.
Ordered for consideration tomorrow.
The Senate sent to the House the following:
S. 357 (Word version) -- Senators Alexander, Anderson, Bryant, Campsen, Cleary, Courson, Cromer, Drummond, Elliott, Fair, Ford, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Land, Leatherman, Leventis, Lourie, Malloy, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Reese, Richardson, Ritchie, Ryberg, Scott, Setzler, Sheheen, Short, Thomas, Vaughn, Verdin and Williams: A CONCURRENT RESOLUTION TO CONGRATULATE SUSAN "SUE" KNOTH WALTON ON THE OCCASION OF HER RETIREMENT AND WISH HER GOOD LUCK IN ALL HER FUTURE ENDEAVORS.
Whereas, Susan "Sue" Knoth Walton has reached that time in her life that all self-respecting state employees long to reach; and
Whereas, this woman's long sought hiatus from that daily grind has finally been realized after much bon travaille in the vineyards of the legislative and executive branches of South Carolina state government; and
Whereas, her shy and demure demeanor belies the numerous legislative wars of which she is a veteran and which have not ruffled the soft spoken persona she has projected at all times; and
Whereas, Sue's intellect is especially appreciated by staff when she communicates with a direct and no-nonsense vocabulary that is easily understood; and
Whereas, this dedicated public servant was educated at the University of South Carolina with a Bachelor of Science in 1978; and
Whereas, Sue's work experience includes a long and distinguished number of jobs starting with being an internal auditor with the Budget and Control Board in 1978 to Director of Research with the South Carolina Senate Banking and Insurance Committee, the job from which she is retiring; and
Whereas, over her renowned career she has held the positions of Director of Research with the Joint Bond Review Committee, helping to guide legislators and staff through the morass associated with this complex area of legislation, Director of Budget and Research with the South Carolina Senate Finance Committee, Senior Research Analyst with South Carolina Senate Research, Director of Budgetary Planning and Financial Analysis with the University of South Carolina, and Director of Research with the South Carolina Senate Transportation Committee; and
Whereas, Sue captured the essence of a work ethic for which all strive to emulate; and
Whereas, her "energizer bunny" attitude toward work, which was often recharged by her trips to Edisto Beach, has left an impression on the General Assembly which will be sorely missed; and
Whereas, we cannot recognize Sue on this occasion without mentioning the apple of her eye, her son, Nathan, her loving step-daughter, Anna, and the support of her wonderful husband, Ed, which has allowed her to succeed to the level of professionalism she has attained; and
Whereas, it is appropriate for members of the General Assembly to pause in their deliberations so that they may honor this extraordinary exemplar of public service that has been the career of Sue Walton. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly congratulate Susan "Sue" Knoth Walton on the occasion of her retirement and wish her good luck in all her future endeavors.
Be it further resolved that a copy of this resolution be forwarded to Susan "Sue" Knoth Walton.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 3412 (Word version) -- Reps. Hosey, Alexander, R. Brown, Clyburn, Cobb-Hunter, Hart, Jefferson, Mitchell, Weeks and Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-10-15 SO AS TO ESTABLISH A STATE MINIMUM WAGE; BY ADDING SECTION 12-6-3475 SO AS TO ALLOW A ONE-TIME TAX CREDIT TO CERTAIN ELIGIBLE EMPLOYERS WHO PAY THE INCREASED MINIMUM WAGE; AND TO AMEND SECTION 6-1-130, RELATING TO THE ESTABLISHMENT OF A LOCAL MINIMUM WAGE IN EXCESS OF THE FEDERAL MINIMUM WAGE, SO AS TO PROHIBIT A POLITICAL SUBDIVISION FROM REQUIRING A MINIMUM WAGE LOWER THAN THE STATE MINIMUM WAGE.
Referred to Committee on Ways and Means
H. 3413 (Word version) -- Reps. Hosey, Mitchell, Spires and Williams: A BILL TO AMEND SECTION 50-5-1705, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CATCH LIMITS FOR CERTAIN SALTWATER FISH, SO AS TO CHANGE THE CATCH LIMIT FOR RED DRUM FROM TWO TO FIVE IN ANY ONE DAY.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 3414 (Word version) -- Reps. Hosey, Alexander, R. Brown, Clyburn, Jefferson, Mitchell, Spires and Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 TO CHAPTER 1, TITLE 40 SO AS TO PROVIDE THAT ANY LICENSED HEALTH CARE PRACTITIONER AUTHORIZED TO WRITE PRESCRIPTIONS MUST WRITE SUCH PRESCRIPTIONS IN LEGIBLE WRITING IN TERMS THAT CAN BE UNDERSTOOD BY THE PERSON FOR WHOM THE PRESCRIPTION IS WRITTEN.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 3415 (Word version) -- Reps. Hosey and Jefferson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-635 SO AS TO IMPOSE AN ADDITIONAL TAX OF 1.5 CENTS PER CIGARETTE; TO ESTABLISH THE SMOKING CESSATION AND HEALTH CARE FUND INTO WHICH MUST BE DEPOSITED FIFTY PERCENT OF THE REVENUE GENERATED FROM THE IMPOSITION OF THIS TAX AND WHICH MUST BE ADMINISTERED BY THE DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR REIMBURSEMENT OF AN INDIVIDUAL'S PERSONAL EXPENSES RELATED TO SMOKING CESSATION AND SMOKING RELATED HEALTH CARE DEVICES, EQUIPMENT, AND PROGRAMS; AND TO PROVIDE THAT THE REMAINING REVENUE GENERATED BY THIS TAX MUST BE CREDITED TO THE GENERAL FUND AND APPROPRIATED ANNUALLY BY THE GENERAL ASSEMBLY TO ADDRESS HEALTH NEEDS OF SOUTH CAROLINIANS, INCLUDING USING SUCH FUNDS FOR MEDICAID MATCHING FUNDS.
Referred to Committee on Ways and Means
H. 3416 (Word version) -- Reps. Hosey, R. Brown, Clyburn, Jefferson, Weeks and Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-13-480 SO AS TO CREATE THE CRIME OF ENGAGING IN THE BUSINESS OF DEFERRED PRESENTMENT IN THIS STATE, TO PROVIDE THAT A VIOLATION IS A FELONY, AND TO PROVIDE FOR A MANDATORY MINIMUM PENALTY; AND TO REPEAL CHAPTER 39 OF TITLE 34, RELATING TO THE SOUTH CAROLINA DEFERRED PRESENTMENT SERVICES ACT.
Referred to Committee on Labor, Commerce and Industry
H. 3417 (Word version) -- Reps. Whipper, Breeland, R. Brown, Clyburn, Harvin, Hosey, Mack and Sellers: A BILL TO AMEND CHAPTER 79 OF TITLE 44, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, THE "PHYSICAL FITNESS SERVICES ACT", SO AS TO DELETE A TANNING CENTER AND MARTIAL ARTS STUDIO FROM ITS APPLICABILITY, PROVIDE FOR PERMANENT CLOSURE OF A SUBJECT FACILITY AS AN EVENT ALLOWING CANCELLATION OF A CONTRACT, DEFINE "PERMANENT CLOSURE", PROVIDE FOR RETURN OF UNEARNED PAYMENTS AND ANY EVIDENCE OF INDEBTEDNESS TO THE CANCELING CUSTOMER, THAT A SUBJECT CONTRACT MUST NOT BE SOLD OR ASSIGNED WITHOUT THE CUSTOMER'S CONSENT OR REQUIRE A CUSTOMER TO AFFIRMATIVELY CANCEL THE CONTRACT TO STOP AUTOMATIC RENEWAL, THAT A CONTRACT MAY BE ON A MONTH-TO-MONTH BASIS AND MAY BE PAID FOR BY AUTOMATIC DEBITS SUBJECT TO CERTAIN LIMITATIONS, THAT A SUBJECT CONTRACT IS VOIDABLE BY THE CUSTOMER IF THE FACILITY FAILS TO OBTAIN THE REQUISITE CERTIFICATE OF AUTHORITY, AND THAT THE PROVISIONS ARE ENFORCEABLE BY THE DEPARTMENT OF CONSUMER AFFAIRS AND THE ATTORNEY GENERAL.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 3418 (Word version) -- Reps. Whipper, Battle, R. Brown, Cobb-Hunter, Harvin, Hosey, Limehouse, Sellers and Spires: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-15-915 SO AS TO PROVIDE THAT DURING THE HOURS OF SEVEN A.M. TO NINE A.M., TWELVE O'CLOCK NOON UNTIL TWO P.M., AND FOUR P.M. UNTIL SIX P.M., IN ORDER NOT TO CAUSE A HAZARD TO PUBLIC VEHICULAR TRANSPORTATION, A TRAIN IN A MUNICIPALITY MAY NOT BLOCK FOUR LANE INTERSECTIONS FOR MORE THAN FIVE MINUTES.
Referred to Committee on Education and Public Works
H. 3419 (Word version) -- Reps. Whipper, Breeland, R. Brown, Clyburn, Harvin, Hosey and Mack: A BILL TO AMEND SECTION 34-39-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATION FOR LICENSURE AS A DEFERRED PRESENTMENT SERVICE, SO AS TO PROVIDE THAT THE BOARD OF FINANCIAL ADVISORS NOTIFY THE SECRETARY OF STATE OF THE NAME AND ADDRESS OF EACH LICENSEE; TO AMEND SECTION 34-39-160, RELATING TO QUALIFICATIONS FOR LICENSURE AS A DEFERRED PRESENTMENT SERVICE, SO AS TO PROVIDE THAT THE APPLICANT MAY NOT PLACE A LICENSED LOCATION WITHIN A THREE-MILE RADIUS OF AN EXISTING LICENSED LOCATION OR THE LOCATION OF A CHECK-CASHING SERVICE; TO AMEND SECTION 34-39-180, RELATING TO RESTRICTIONS AND REQUIREMENTS FOR PRESENTMENT OR DEPOSIT, SO AS TO LIMIT THE AGGREGATE TOTAL OF ADVANCED MONIES TO ONE CUSTOMER IN ANY THIRTY-ONE DAY PERIOD TO THREE HUNDRED DOLLARS; AND TO AMEND SECTION 34-39-190, RELATING TO BOOKS, ACCOUNTS, AND RECORDS OF A DEFERRED PRESENTMENT SERVICE, SO AS TO PROVIDE THAT THEY MUST BE ACCESSIBLE BY THE DEPARTMENT OF CONSUMER AFFAIRS.
Referred to Committee on Labor, Commerce and Industry
H. 3420 (Word version) -- Rep. Lucas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-158 SO AS TO ALLOW EACH SCHOOL DISTRICT IN A COUNTY, WHICH HAS SIXTY PERCENT OF THE STUDENTS IN EACH SCHOOL DISTRICT WITHIN THAT COUNTY WHO QUALIFY FOR FREE OR REDUCED LUNCHES AND WHERE EACH SCHOOL DISTRICT WITHIN THAT COUNTY ADOPTS A RESOLUTION, TO ELECT TO BE EXEMPT FROM THE DISTRIBUTION OF REVENUE REQUIREMENTS CONTAINED IN SECTION 11-11-156, AND TO USE THE SALES TAXES, IMPOSED PURSUANT TO SECTION 12-36-1110, COLLECTED IN THAT COUNTY FOR SCHOOL OPERATING PURPOSES.
Referred to Committee on Ways and Means
H. 3421 (Word version) -- Reps. Williams, Agnew, Alexander, Allen, Branham, Brantley, Breeland, Clyburn, Crawford, Hart, Hodges, Hosey, Jefferson, Lowe, Moss, Mulvaney, J. H. Neal, Neilson, Spires and Stavrinakis: A BILL TO AMEND SECTION 56-5-6530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS AND VEHICLES THAT ARE EXEMPTED FROM THE PROVISIONS THAT REQUIRE VEHICLES TO BE EQUIPPED WITH SAFETY BELTS AND PERSONS TO WEAR SAFETY BELTS, SO AS TO PROVIDE THAT ONLY SCHOOL BUSES PURCHASED BEFORE JANUARY 1, 2008, ARE EXEMPTED FROM THE PROVISIONS THAT REQUIRE CERTAIN VEHICLES TO BE EQUIPPED WITH SAFETY BELTS.
Referred to Committee on Education and Public Works
H. 3422 (Word version) -- Reps. Cooper and Kirsh: A BILL TO AMEND SECTIONS 11-11-155 AND 11-11-156, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD EXEMPTION FUND AND THE MANNER IN WHICH THE SCHOOL DISTRICTS OF THE STATE RECEIVE REVENUES FROM THE HOMESTEAD EXEMPTION FUND, SO AS TO CLARIFY THE METHOD OF DETERMINING AND CALCULATING THESE PAYMENTS, PROVIDING THE SCHEDULE OF THE PAYMENTS TO SCHOOL DISTRICTS, SPECIFYING THE SOURCE OF THE TWO AND ONE-HALF MILLION DOLLAR MINIMUM PAYMENT TO A COUNTY FOR SCHOOL DISTRICTS IN THE COUNTY, AND SPECIFYING WHEN A REMAINING BALANCE IN THE HOMESTEAD EXEMPTION FUND IS REMITTED TO COUNTIES FOR PURPOSES OF THE COUNTY OPERATING MILLAGE PROPERTY TAX CREDIT FOR OWNER-OCCUPIED RESIDENTIAL PROPERTY; TO AMEND SECTION 6-1-320, AS AMENDED, RELATING TO THE LIMIT ON PROPERTY TAX MILLAGE INCREASES, SO AS TO PROVIDE THAT A REDUCTION IN POPULATION DOES NOT DECREASE THE APPLICABLE LIMIT; TO AMEND SECTION 12-37-670, AS AMENDED, RELATING TO THE OPTIONAL ACCELERATION OF LISTING REAL PROPERTY FOR PROPERTY TAX, SO AS TO CORRECT A REFERENCE; TO AMEND SECTIONS 12-37-3130 AND 12-37-3150, RELATING TO DEFINITIONS AND ASSESSABLE TRANSFERS OF INTEREST FOR PURPOSES OF THE SOUTH CAROLINA REAL PROPERTY VALUATION REFORM ACT, SO AS TO REVISE THE DEFINITION OF "CONVEYANCE" AND PROVIDE THAT TRANSFERS OCCUR WHEN INSTRUMENTS ARE EXECUTED WITHOUT REFERENCE TO THE DATE OF RECORDING AND TO PROVIDE THAT FAILURE TO RECORD GIVES RISE TO NO INFERENCE OR TO WHETHER OR NOT A TRANSFER HAS OCCURRED; TO AMEND SECTION 12-43-220, AS AMENDED, RELATING TO CLASSIFICATION AND ASSESSMENT OF PROPERTY FOR PURPOSES OF PROPERTY TAX, SO AS TO PROVIDE ADDITIONAL INFORMATION AND CERTIFICATION REQUIREMENTS TO OBTAIN THE SPECIAL FOUR PERCENT ASSESSMENT RATIO FOR OWNER-OCCUPIED RESIDENTIAL PROPERTY, TO PROVIDE PERIODIC REAPPLICATION AS THE ASSESSOR DETERMINES NECESSARY, TO REVISE THE APPLICATION OF A PROVISION OF THE INTERNAL REVENUE CODE OF 1986 USED IN DETERMINING WHETHER OR NOT RESIDENTIAL PROPERTY QUALIFIES FOR THE FOUR PERCENT ASSESSMENT RATIO, AND TO REVISE THE PENALTY FOR FAILURE TO TIMELY NOTIFY THE ASSESSOR WHEN REAL PROPERTY NO LONGER QUALIFIES FOR THIS SPECIAL ASSESSMENT RATIO; TO AMEND SECTION 12-51-50, AS AMENDED, AND SECTION 12-51-70, RELATING TO DELINQUENT TAX SALES, SO AS TO REPLACE THE REFERENCE TO LEGAL SALES DATE WITH THE ADVERTISED DATE FOR THE SALE AND INCREASE FROM THREE HUNDRED TO ONE THOUSAND DOLLARS THE MAXIMUM PENALTY FOR DEFAULTING ON A TAX SALE BID; TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO THE OFFENSE OF DISCLOSURE OF TAX INFORMATION, SO AS TO REVISE AN EXEMPTION TO THIS OFFENSE; TO AMEND SECTION 12-60-2510, AS AMENDED, RELATING TO PROPERTY TAX APPEALS, SO AS TO PROVIDE THAT IN NONREASSESSMENT YEARS, AN APPEAL MADE BEFORE THE FIRST PENALTY DATE FOR TAXES FOR THE YEAR APPLIES FOR THAT YEAR AND AN APPEAL FILED ON OR AFTER THAT DATE APPLIES FOR THE NEXT YEAR; TO AMEND SECTION 12-6-40, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO UPDATE THE DATE BY WHICH THIS STATE ADOPTS BY REFERENCE VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO ALLOW A SALES TAX EXEMPTION FOR AN AMUSEMENT PARK RIDE AND ANY PARTS, MACHINERY, AND EQUIPMENT USED TO ASSEMBLE AND MAKE UP AN AMUSEMENT PARK RIDE OR PERFORMANCE VENUE FACILITY AND ANY RELATED OR REQUIRED MACHINERY, EQUIPMENT, AND FIXTURES LOCATED IN AN AMUSEMENT PARK OR THEME PARK THAT MEETS CERTAIN INVESTMENT AND EMPLOYMENT QUALIFICATIONS.
Referred to Committee on Ways and Means
H. 3423 (Word version) -- Reps. Scarborough, Merrill, Stavrinakis, Hagood, Bowers, R. Brown, Chalk, Harrell, Herbkersman, Hinson, Limehouse and Miller: A JOINT RESOLUTION TO ESTABLISH THE COASTAL INSURANCE STUDY COMMITTEE TO EXAMINE THE HOMEOWNERS AND COMMERCIAL INSURANCE CRISIS FACING OWNERS OF PROPERTY SITUATED IN COUNTIES BORDERING THE SOUTH CAROLINA COAST, TO PROVIDE FOR THE MEMBERSHIP, POWERS, DUTIES, AND FUNCTIONS OF THE COMMITTEE, AND TO PROVIDE THAT THE COMMITTEE SHALL RECEIVE SUCH FUNDING AS IS PROVIDED BY THE GENERAL ASSEMBLY IN THE 2007-2008 GENERAL APPROPRIATIONS ACT.
Referred to Committee on Labor, Commerce and Industry
S. 181 (Word version) -- Senators Fair, Richardson and Hayes: A BILL TO AMEND SECTION 24-13-210 AND 24-13-230, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GOOD BEHAVIOR, WORK, AND ACADEMIC CREDITS, SO AS TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO DEVELOP POLICIES, PROCEDURES, AND GUIDELINES TO ALLOW CERTAIN PRISONERS TO RECEIVE A REDUCTION IN THEIR SENTENCES AND TO REVISE THE MAXIMUM AMOUNT OF TIME THAT MAY BE REDUCED FROM A SENTENCE; TO AMEND SECTION 24-27-200, RELATING TO THE FORFEITURE OF WORK, EDUCATION, OR GOOD CONDUCT CREDITS, SO AS TO PROVIDE THAT A REDUCTION IN THESE CREDITS MAY BE IMPLEMENTED PURSUANT TO AN ADMINISTRATIVE LAW JUDGE'S RECOMMENDATION; AND TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT CERTAIN ARCHITECTURAL PLANS, DRAWINGS, OR SCHEMATICS OR LAW ENFORCEMENT POLICIES WHOSE DISCLOSURE WOULD REASONABLY BE USED TO FACILITATE AN ESCAPE FROM LAWFUL CUSTODY MAY BE EXEMPT FROM DISCLOSURE.
Referred to Committee on Judiciary
The roll call of the House of Representatives was taken resulting as follows:
Agnew Alexander Anthony Bales Ballentine Bannister Barfield Battle Bedingfield Bingham Bowen Bowers Brady Branham Brantley Breeland G. Brown R. Brown Cato Chalk Clemmons Cobb-Hunter Coleman Cooper Crawford Dantzler Delleney Edge Frye Funderburk Gambrell Govan Gullick Hagood Haley Hardwick Harrell Harrison Hart Harvin Hayes Herbkersman Hinson Hodges Hosey Huggins Jefferson Kelly Kennedy Kirsh Knight Limehouse Loftis Lowe Lucas Mack Mahaffey McLeod Merrill Miller Moss Mulvaney J. M. Neal Ott Perry E. H. Pitts M. A. Pitts Rice Rutherford Sandifer Scarborough Sellers Shoopman D. C. Smith J. R. Smith Spires Stavrinakis Talley Taylor Thompson Toole Umphlett Viers Weeks White Whitmire Williams Witherspoon Young
I came in after the roll call and was present for the Session on Thursday, February 1.
G. Murrell Smith Converse Chellis Harold Mitchell James E. Smith Carl Anderson Lewis E. Pinson Bill Cotty Douglas Jennings Ted Vick John Scott Jackson "Seth" Whipper William Clyburn Leon HowardDenny Neilson
The SPEAKER granted Rep. G. R. SMITH a leave of absence for the day due to family medical reasons.
The SPEAKER granted Rep. STEWART a leave of absence for the day due to legislative business in Washington, D.C.
The SPEAKER granted Rep. SKELTON a leave of absence for the day due to inclement weather.
The SPEAKER granted Rep. LEACH a leave of absence for the day due to inclement weather.
The SPEAKER granted Rep. OWENS a leave of absence for the day due to inclement weather.
The SPEAKER granted Rep. PARKS a leave of absence for the day due to inclement weather.
The SPEAKER granted Rep. LITTLEJOHN a leave of absence for the day due to inclement weather.
The SPEAKER granted Rep. CEIPS a leave of absence for the day due to inclement weather.
The SPEAKER granted Rep. DAVENPORT a leave of absence for the day due to inclement weather.
The SPEAKER granted Rep. HAMILTON a leave of absence for the day due to inclement weather.
The SPEAKER granted Rep. DUNCAN a leave of absence for the day due to inclement weather.
The SPEAKER granted Rep. J. H. NEAL a leave of absence for the day due to inclement weather.
Rep. HAGOOD signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, January 31.
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. 3265 (Word version)
Date: ADD:
02/01/07 GOVAN
Bill Number: H. 3265 (Word version)
Date: ADD:
02/01/07 MCLEOD
Bill Number: H. 3265 (Word version)
Date: ADD:
02/01/07 HART
Bill Number: H. 3265 (Word version)
Date: ADD:
02/01/07 RUTHERFORD
Bill Number: H. 3265 (Word version)
Date: ADD:
02/01/07 R. BROWN
Bill Number: H. 3308 (Word version)
Date: ADD:
02/01/07 HAGOOD
Bill Number: H. 3308 (Word version)
Date: ADD:
02/01/07 R. BROWN
Bill Number: H. 3006 (Word version)
Date: ADD:
02/01/07 SHOOPMAN
Bill Number: H. 3011 (Word version)
Date: ADD:
02/01/07 LOWE
Bill Number: H. 3011 (Word version)
Date: ADD:
02/01/07 GULLICK
Bill Number: H. 3046 (Word version)
Date: ADD:
02/01/07 GULLICK
Bill Number: H. 3216 (Word version)
Date: ADD:
02/01/07 VICK
Bill Number: H. 3315 (Word version)
Date: ADD:
02/01/07 VICK
Bill Number: H. 3294 (Word version)
Date: ADD:
02/01/07 COLEMAN
Rep. SANDIFER moved to adjourn debate upon the following Bill until Wednesday, February 7, which was adopted:
H. 3210 (Word version) -- Reps. Sandifer and Whitmire: A BILL TO AUTHORIZE THE GOVERNING BODY OF OCONEE COUNTY TO PROVIDE FOR A HOMESTEAD PROPERTY TAX EXEMPTION SUFFICIENT TO EQUAL ONE HUNDRED THOUSAND DOLLARS, INCLUDING THE STATEWIDE HOMESTEAD PROPERTY TAX EXEMPTION AMOUNT, OF THE FAIR MARKET VALUE OF THE DWELLING PLACE OF A PERSON WHO HAS BEEN A RESIDENT OF THIS STATE FOR AT LEAST ONE YEAR AND HAS REACHED THE AGE OF SIXTY-FIVE, A PERSON WHO IS CLASSIFIED AS TOTALLY AND PERMANENTLY DISABLED, OR A PERSON WHO IS LEGALLY BLIND, AND TO MAKE THE ELIGIBILITY REQUIREMENTS OF THE STATEWIDE HOMESTEAD EXEMPTION APPLY MUTATIS MUTANDIS TO THE PROPERTY TAX EXEMPTION ADOPTED BY THE GOVERNING BODY.
The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification:
S. 152 (Word version) -- Senators Alexander, McConnell, Leatherman, Campsen, Vaughn, Ryberg, Richardson, Hayes, Mescher, Knotts, Elliott, Cleary, Fair and Setzler: A BILL TO RATIFY AN AMENDMENT TO SECTION 16, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO BENEFITS AND FUNDING OF PUBLIC EMPLOYEE PENSION PLANS IN THIS STATE, INVESTMENTS ALLOWED FOR FUNDS OF THE VARIOUS STATE-OPERATED RETIREMENT SYSTEMS, AND THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL, SO AS TO DELETE THE RESTRICTIONS LIMITING SUCH INVESTMENTS TO AMERICAN-BASED CORPORATIONS REGISTERED ON AN AMERICAN NATIONAL EXCHANGE AS PROVIDED IN THE SECURITIES EXCHANGE ACT OF 1934 OR QUOTED THROUGH THE NATIONAL ASSOCIATION OF SECURITIES DEALERS AUTOMATIC QUOTATION SYSTEM; AND TO RATIFY AN AMENDMENT TO SECTION 16, ARTICLE X, SO AS TO ELIMINATE THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL.
The following Bill was taken up:
H. 3155 (Word version) -- Reps. Walker, Littlejohn and Mahaffey: A BILL TO AMEND SECTION 13-1-1050, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TERMS OF MEMBERS OF THE AERONAUTICS COMMISSION, SO AS TO PROVIDE THAT NO COMMISSION MEMBER MAY SERVE MORE THAN TWO CONSECUTIVE TERMS BUT MAY BE ELIGIBLE TO SERVE AGAIN FOUR YEARS AFTER THE EXPIRATION OF HIS TERM.
Rep. OTT 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 second time, and ordered to a third reading:
H. 3345 (Word version) -- Reps. Ceips, Harrison, E. H. Pitts and J. E. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-618 SO AS TO DESIGNATE AUGUST 16TH EVERY YEAR AS SOUTH CAROLINA AIRBORNE HERITAGE DAY.
H. 3399 (Word version) -- Rep. Harrell: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUMES 9 AND 10 AND NEW VOLUME 9A OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF THEIR CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 2007.
On motion of Rep. HARRISON, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary and was referred to the Committee on Labor, Commerce and Industry:
H. 3352 (Word version) -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-31 SO AS TO MAKE IT AN UNFAIR TRADE PRACTICE FOR A MOTOR VEHICLE GLASS REPAIR BUSINESS THAT ADMINISTERS INSURANCE CLAIMS FOR MOTOR VEHICLE GLASS REPAIRS TO HAVE AN INSURED'S GLASS REPAIR BUSINESS REFERRED TO ITSELF OR TO USE INFORMATION TO SOLICIT BUSINESS.
On motion of Rep. BREELAND, with unanimous consent, the following Bill was ordered recalled from the Charleston Delegation:
H. 3290 (Word version) -- Reps. Breeland, R. Brown, Mack, Miller, Scarborough, Stavrinakis and Whipper: A BILL TO AMEND SECTION 7-7-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN CHARLESTON COUNTY, SO AS 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.
The following House Resolution was taken up:
H. 3364 (Word version) -- Rep. W. D. Smith: A HOUSE RESOLUTION TO PROVIDE THAT THE STAFF SERVING THE MEMBERS OF THE HOUSE OF REPRESENTATIVES IS NOT REQUIRED TO WORK ON GOOD FRIDAY, APRIL 6, 2007.
Be it resolved by the House of Representatives:
That the staff serving the members of the House of Representatives is not required to work on Good Friday, April 6, 2007.
The Resolution was adopted.
The following Concurrent Resolution was taken up:
H. 3308 (Word version) -- Reps. Miller, Viers, Anderson, Hardwick, Leach, Limehouse, Duncan, Ceips, Hodges, Lowe, Scarborough, Witherspoon, Young, Hagood and R. Brown: A CONCURRENT RESOLUTION TO MEMORIALIZE THE PRESIDENT AND CONGRESS OF THE UNITED STATES, THE GOVERNOR, AND THE DIRECTOR OF THE DEPARTMENT OF INSURANCE, AND ENTITIES UNDERWRITING HOMEOWNERS INSURANCE POLICIES IN SOUTH CAROLINA TO ACT WITH ALL DUE EXPEDIENCY TO ADDRESS THE HOMEOWNERS INSURANCE CRISIS FACING OWNERS OF PROPERTY SITUATED IN COUNTIES BORDERING THE SOUTH CAROLINA COAST.
Whereas, the members of the General Assembly of South Carolina implore President George W. Bush, the Congress of the United States, the Governor, and the Director of the Department of Insurance, and all entities underwriting homeowners insurance policies in South Carolina to urgently take immediate action to address the spiraling costs and increasing unavailability of homeowners insurance to owners of property situated in counties bordering the South Carolina coast; and
Whereas, the members of the General Assembly of South Carolina express their collective intent to immediately address the insurance crisis facing homeowners in counties bordering South Carolina's coast; and
Whereas, the coastal counties of South Carolina serve not only as home to many South Carolinians but also as a vital center for world-class tourism and recreational endeavors vital to the State's economy; and
Whereas, an estimated $150 billion worth of property in these counties is covered by homeowners insurance policies comprising more than one-quarter of all homeowners' policies underwritten in the State; and
Whereas, homeowners insurance on property situated in these counties has become increasingly difficult for consumers to obtain due to spiraling rates, decreasing availability, policy cancellations, wind pool limitations, and restrictions on companies to underwrite homeowners insurance in these counties under any circumstances; and
Whereas, the availability of reasonably priced homeowners insurance is critical to the ability of coastal property owners to finance and securely enjoy their property and make it available to support the State's vitally important tourism industry; and
Whereas, the General Assembly of the State of South Carolina respectfully requests that President George W. Bush, the Congress of the United States, the Governor, and the Director of the Department of Insurance, and all entities providing homeowners insurance coverage in South Carolina quickly embrace the deep concerns of South Carolina's legislature and property owners and swiftly act to ensure reasonably priced homeowners insurance is available for property in South Carolina's coastal counties. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the South Carolina General Assembly, by this resolution, urge President George W. Bush, the United States Congress, the Governor, and the Director of the Department of Insurance, and all entities providing homeowners insurance coverage in South Carolina to act with all due expediency to address the homeowners insurance crisis facing owners of property situated in counties bordering South Carolina's coast, so that these coastal counties can continue to prosper and property owners in these counties can enjoy the use of their property free from the crippling burden of unreasonably priced or unavailable homeowners insurance.
Be it further resolved that a copy of this resolution be forwarded to President George W. Bush, the Congress of the United States, the Governor, and the Director of the Department of Insurance, and all entities providing homeowners insurance coverage in South Carolina.
The Concurrent Resolution was adopted and sent to the Senate.
The following Concurrent Resolution was taken up:
H. 3265 (Word version) -- Reps. Sellers, Scott, McLeod, Hart, Rutherford, R. Brown and Govan: A CONCURRENT RESOLUTION INVITING THE HONORABLE JAMES E. CLYBURN, MEMBER OF THE UNITED STATES HOUSE OF REPRESENTATIVES FROM THE SIXTH CONGRESSIONAL DISTRICT OF SOUTH CAROLINA AND NEWLY-ELECTED MAJORITY WHIP OF THE HOUSE OF REPRESENTATIVES FOR THE 110TH CONGRESS, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT ASSEMBLY ON A DATE AND TIME CONVENIENT FOR REPRESENTATIVE CLYBURN'S SCHEDULE AS DETERMINED BY THE PRESIDENT PRO TEMPORE OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.
Rep. SELLERS moved to recommit the Concurrent Resolution to the Committee on Invitations and Memorial Resolutions, which was agreed to.
The following Concurrent Resolution was taken up:
S. 227 (Word version) -- Senators Ford, Anderson, Alexander, Courson, Campsen, O'Dell, Williams, Knotts, Hutto, Matthews, Land, Jackson, McConnell, Patterson, McGill, Pinckney, Reese, Elliott, Leatherman, Peeler, Lourie, Malloy, Sheheen, Short, Rankin, Ryberg, Ritchie, Leventis, Fair, Grooms, Cromer, Bryant, Mescher, Martin, Hayes, Richardson, Scott, Vaughn, Setzler and Moore: A CONCURRENT RESOLUTION INVITING THE HONORABLE JAMES E. CLYBURN, MEMBER OF THE UNITED STATES HOUSE OF REPRESENTATIVES FROM THE SIXTH CONGRESSIONAL DISTRICT OF SOUTH CAROLINA AND NEWLY-ELECTED MAJORITY WHIP OF THE HOUSE OF REPRESENTATIVES FOR THE 110TH CONGRESS, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT ASSEMBLY ON A DATE AND TIME CONVENIENT FOR REPRESENTATIVE CLYBURN'S SCHEDULE AS DETERMINED BY THE PRESIDENT PRO TEMPORE OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.
Whereas, the Honorable James E. Clyburn, member of the United States House of Representatives from the Sixth Congressional District of South Carolina has served with distinction in that high office since 1993; and
Whereas, Representative Clyburn has been elected Majority Whip of the House of Representatives for the 110th Congress, the third position in leadership of the United States House of Representatives after the Speaker of the House and majority leader; and
Whereas, the members of the South Carolina General Assembly are pleased that one of South Carolina's own has assumed this high position in the legislative branch of government. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly invite the Honorable James E. Clyburn, member of the United States House of Representatives from the Sixth Congressional District of South Carolina and newly-elected Majority Whip of the House of Representatives for the 110th Congress, to address the General Assembly in joint assembly on a date and time convenient for Representative Clyburn's schedule as determined by the President Pro Tempore of the Senate and the Speaker of the House of Representatives.
Be it further resolved that a copy of this resolution be forwarded to the Honorable James E. Clyburn, Majority Whip, United States House of Representatives, Washington, D.C. 20515-4002.
The Concurrent Resolution was adopted and sent to the Senate.
Rep. LUCAS moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 3005 (Word version) -- Rep. Vick: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE NORTH BRIDGE THAT CROSSES THE GREAT PEE DEE RIVER ALONG UNITED STATES HIGHWAY 1 IN THE TOWN OF CHERAW THE "DR. JAMES E. LEPPARD, JR. BRIDGE", AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "DR. JAMES E. LEPPARD, JR. BRIDGE".
H. 3311 (Word version) -- Rep. Hiott: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME BRIDGE NUMBER 394001100200 LOCATED ALONG SOUTH CAROLINA HIGHWAY 11 IN PICKENS COUNTY THE "DWIGHT O'NEAL 'BUDDY' GILSTRAP BRIDGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "DWIGHT O'NEAL 'BUDDY' GILSTRAP BRIDGE" WHO LOST HIS LIFE IN DEFENSE OF OUR COUNTRY DURING THE VIETNAM WAR.
H. 3312 (Word version) -- Rep. Hiott: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME BRIDGE NUMBER 394001100201 LOCATED ALONG SOUTH CAROLINA HIGHWAY 11 IN PICKENS COUNTY "CLIFTON RANDALL 'RANDY' JONES BRIDGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "CLIFTON RANDALL 'RANDY' JONES BRIDGE".
H. 3385 (Word version) -- Reps. Pinson, M.A. Pitts and Parks: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE GREENWOOD HIGH SCHOOL VARSITY FOOTBALL TEAM FOR ITS OUTSTANDING SEASON AND FOR CAPTURING THE 2006 DIVISION II CLASS AAAA STATE CHAMPIONSHIP TITLE, AND TO HONOR THE TEAM'S EXCEPTIONAL PLAYERS, COACHES, AND STAFF.
At 10:30 a.m. the House, in accordance with the motion of Rep. KIRSH, adjourned in memory of Dr. Floyd Lacy Parrish, to meet at 10:00 a.m. tomorrow.
This web page was last updated on Monday, June 22, 2009 at 1:38 P.M.