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 116:7: "Be at rest once more, O my soul, for the Lord has been good to you."
Let us pray. O Lord, Your gracious acts of love and compassion have sustained us during our time of hard work and through the trials of living. Continue to be present with each of these, Your people, as we struggle with doing what is good for the people of this State. Give us strength and courage to carry on. Bless our Nation, President, State, Governor, Speaker and all who serve in these halls of government. Hold in Your protective arms our defenders of freedom as they protect us. In Your name, we pray. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. ANTHONY moved that when the House adjourns, it adjourn in memory of Paul Glenn of Union, which was agreed to.
Rep. KIRSH, from the York Delegation, submitted a favorable report on:
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.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
H. 3034 (Word version) -- Reps. Brady, Haskins, Cobb-Hunter, Cotty, Funderburk, Hagood, Stavrinakis, Gullick and Bowers: 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.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
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, ASSESSMENTS, COSTS, AND FEES FROM A MANUFACTURED HOME DEMOLISHED AND DISPOSED OF PURSUANT TO THE ABANDONED MANUFACTURED HOME REMOVAL ACT.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
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 INSTITUTIONS TO REPAIR, ALTER, MAINTAIN, OR INSPECT FIRE SPRINKLER SYSTEMS.
Ordered for consideration tomorrow.
Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:
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 PROVISIONS OF THIS SECTION APPLY TO COMMERCIAL AS WELL AS RECREATIONAL FISHERMEN.
Ordered for consideration tomorrow.
Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:
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.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
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.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
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.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
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.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
H. 3212 (Word version) -- Reps. Delleney, M. A. Pitts, Haley, Crawford, Chellis, G. R. Smith, Owens, Rice, Weeks and Viers: 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.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3310 (Word version) -- Reps. M. A. Pitts, Duncan, Gambrell, Herbkersman, Sandifer, Whipper, White, Bedingfield and Weeks: 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.
Ordered for consideration tomorrow.
Rep. HOWARD, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:
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.
Ordered for consideration tomorrow.
The following was introduced:
H. 3553 (Word version) -- Reps. Parks, M. A. Pitts and Pinson: A HOUSE RESOLUTION TO COMMEMORATE THE OPENING OF THE MAGIC JOHNSON COMMUNITY EMPOWERMENT CENTER IN GREENWOOD COUNTY AND TO HONOR EARVIN "MAGIC" JOHNSON FOR HIS MANY CONTRIBUTIONS TO THE STATE OF SOUTH CAROLINA.
The Resolution was adopted.
The following was introduced:
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.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3555 (Word version) -- Rep. Hodges: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE DEATH OF MRS. ANNIE MAE KINSEY OF COLLETON COUNTY AND TO EXTEND THE DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.
The Resolution was adopted.
The Senate sent to the House the following:
S. 460 (Word version) -- Senator Verdin: A CONCURRENT RESOLUTION TO COMMEND AND HONOR MAJOR SAMUEL TAYLOR OF PENDLETON DISTRICT FOR HIS MANY YEARS OF OUTSTANDING AND DEDICATED SERVICE TO THE STATE OF SOUTH CAROLINA AS A PIONEER, PATRIOT, AND STATESMAN WHOSE DEDICATION TO LIBERTY HELPED ACHIEVE AMERICAN INDEPENDENCE AND WHOSE DEDICATION TO SOUTH CAROLINA ENSURED ITS STABILITY AND PROSPERITY DURING ITS EARLY HISTORY.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 461 (Word version) -- Senator Verdin: A CONCURRENT RESOLUTION TO COMMEND AND HONOR GENERAL ANDREW PICKENS OF PENDLETON DISTRICT FOR HIS MANY YEARS OF OUTSTANDING AND DEDICATED SERVICE TO THE STATE OF SOUTH CAROLINA AS A PIONEER, PATRIOT, AND STATESMAN WHOSE DEDICATION TO LIBERTY HELPED ACHIEVE AMERICAN INDEPENDENCE AND WHOSE DEDICATION TO SOUTH CAROLINA ENSURED HER STABILITY AND PROSPERITY DURING HER EARLY HISTORY.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was taken up for immediate consideration:
S. 466 (Word version) -- Senators Hayes, Fair, Vaughn, Peeler, Ford, Cromer, Malloy, O'Dell, Drummond, Williams, Bryant, Moore, Leventis, Verdin, Patterson, Cleary, Grooms, Matthews, Setzler and Ryberg: A CONCURRENT RESOLUTION TO DECLARE WEDNESDAY, FEBRUARY 28, 2007, "HOMETOWN, SOUTH CAROLINA DAY" TO RECOGNIZE AND HONOR THE VALUABLE CONTRIBUTIONS THAT SOUTH CAROLINA CITIES AND TOWNS MAKE TO OUR STATE'S ECONOMIC PROSPERITY.
Whereas, cities and towns derive their power from the state constitution and laws adopted by the General Assembly; and
Whereas, there are 269 duly incorporated municipalities within the State, with 1.4 million residents and thirty-five percent of the state's population residing in cities and towns; and
Whereas, cities and towns are valuable resources to state economic development and competitiveness efforts; and
Whereas, considered hometown to their residents, cities and towns provide a sense of place and spirit of community to all within and around their municipal boundaries; and
Whereas, greatly enhancing the quality of life for all citizens of this State, cities and towns provide essential services such as law enforcement, fire protection, health and sanitation, recreation, and growth and development controls; and
Whereas, there are 1,584 mayors and council members who have been duly elected by the residents of their hometowns to serve the needs of their communities; and
Whereas, there are more than 17,000 hardworking, dedicated employees of the 269 municipalities who are charged with carrying out the policies and procedures enacted by the municipal councils to provide essential services to citizens; and
Whereas, healthy, financially sound, and economically strong cities and towns are essential to the health and welfare of the State. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, declare Wednesday, February 28, 2007, "Hometown, South Carolina Day" to recognize and honor the valuable contributions that South Carolina cities and towns make to our state's economic prosperity.
Be it further resolved that a copy of this resolution be presented to Doug Echols, Mayor of the City of Rock Hill and the 2007 President of the Municipal Association of South Carolina.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 468 (Word version) -- Senator Lourie: A CONCURRENT RESOLUTION TO CONGRATULATE AND COMMEND RICHLAND SCHOOL DISTRICT TWO ON BEING SELECTED AS ONE OF THREE DISTRICTS IN THE STATE AS A NATIONAL SCHOOL BOARDS ASSOCIATION'S 2007 TECHNOLOGY LEADERSHIP NETWORK SITE VISIT DISTRICT.
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. 3556 (Word version) -- Reps. Umphlett, Merrill, Dantzler and Hinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1556 SO AS TO REQUIRE THE CLERK OF COURT TO MAINTAIN FOR PUBLIC INSPECTION A RECORD OF THE AMOUNT OF FEES PAID TO EACH INDIVIDUAL SERVING AS A GUARDIAN AD LITEM IN CASES IN THAT COUNTY.
Referred to Committee on Judiciary
H. 3557 (Word version) -- Reps. Rice, Hiott and Owens: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-360 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO TAKE OR ATTEMPT TO TAKE ELK EXCEPT AS PERMITTED BY REGULATION OF THE DEPARTMENT AND TO PROVIDE PENALTIES FOR VIOLATION.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 3558 (Word version) -- Reps. Lowe, Williams, Branham and Alexander: A BILL TO PROVIDE THAT THE TERMS OF OFFICE OF ELECTED MEMBERS OF THE BOARD OF TRUSTEES OF FLORENCE COUNTY SCHOOL DISTRICT FOUR IS INCREASED FROM THREE TO FOUR YEARS FOR ALL TRUSTEES ELECTED BEGINNING WITH ELECTIONS HELD ON AND AFTER 2007.
On motion of Rep. LOWE, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3559 (Word version) -- Reps. Scott, Harrison, Govan, F. N. Smith, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Bedingfield, Bowen, Brantley, Breeland, G. Brown, R. Brown, Cato, Chellis, Clyburn, Dantzler, Delleney, Edge, Gambrell, Gullick, Hagood, Haley, Hardwick, Hiott, Hosey, Huggins, Jefferson, Limehouse, Merrill, Mitchell, J. M. Neal, Owens, Scarborough, Spires, Stavrinakis, Taylor, Umphlett, Weeks and Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-11-770 SO AS TO DEFINE CERTAIN TERMS, CREATE THE OFFENSE OF ENGAGING IN ILLEGAL GRAFFITI VANDALISM, AND TO PROVIDE A GRADUATED PENALTY SCHEME FOR THE OFFENSE.
Referred to Committee on Judiciary
H. 3560 (Word version) -- Reps. Crawford, Harrell, Bales, Merrill, Mitchell, Simrill, Bingham, Allen, Ballentine, Bannister, Barfield, Bedingfield, Bowen, Brantley, R. Brown, Chalk, Clemmons, Cooper, Edge, Gullick, Harrison, Hayes, Herbkersman, Hinson, Hodges, Howard, Jennings, Kelly, Littlejohn, Lowe, Mahaffey, Neilson, M. A. Pitts, Rice, Scarborough, Shoopman, Skelton, D. C. Smith, G. R. Smith, J. R. Smith, Talley, Taylor, Witherspoon and Young: A BILL TO AMEND SECTION 11-45-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN CONNECTION WITH THE VENTURE CAPITAL INVESTMENT ACT OF SOUTH CAROLINA, SO AS TO SPECIFY THE INVESTMENTS IN ACTIVITIES AT CERTAIN STAGES OF BUSINESS DEVELOPMENT THAT REPRESENT VENTURE CAPITAL INVESTMENTS; AND TO AMEND SECTION 11-45-50, AS AMENDED, RELATING TO THE SELECTION OF INVESTMENT PLANS BY THE SOUTH CAROLINA VENTURE CAPITAL AUTHORITY, SO AS TO REQUIRE THAT ACTIVITIES IN CERTAIN STAGES OF BUSINESS DEVELOPMENT BE SELECTED IN CERTAIN PERCENTAGES FOR INVESTMENT.
Referred to Committee on Ways and Means
S. 397 (Word version) -- Senators Patterson, Courson, Jackson and Lourie: A JOINT RESOLUTION DIRECTING THE DEPARTMENT OF MENTAL HEALTH TO TRANSFER MONEY TO THE CITY OF COLUMBIA FOR HOMELESS PROGRAMS.
Referred to Committee on Ways and Means
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.
On motion of Rep. DELLENEY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
The roll call of the House of Representatives was taken resulting as follows:
Agnew Alexander Allen Anderson Anthony Bales Ballentine Bannister Barfield Battle Bedingfield Bingham Bowen Brady Branham Brantley Breeland G. Brown R. Brown Cato Ceips Chalk Clemmons Clyburn Cobb-Hunter Coleman Cooper Cotty Crawford Dantzler Delleney Duncan Edge Frye Funderburk Gambrell Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Hart Harvin Haskins Hayes Herbkersman Hinson Hiott Hodges Hosey Howard Jefferson Jennings Kelly Kennedy Kirsh Knight Limehouse Littlejohn Loftis Lowe Lucas 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 Rutherford Sandifer Scarborough Scott Sellers Shoopman Simrill Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith Spires Stavrinakis Stewart Talley Taylor Thompson Toole Umphlett Vick Walker Weeks White Whitmire Witherspoon Young
I came in after the roll call and was present for the Session on Wednesday, February 21.
Converse Chellis Jerry Govan Jackson "Seth" Whipper Chip Huggins Robert Williams David Mack Thad Viers Ralph Davenport William Bowers Fletcher Smith Doug Smith
The SPEAKER granted Rep. LEACH a leave of absence due to illness.
Rep. SIMRILL signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, February 20.
Announcement was made that Dr. Gene Dickerson of Sumter was the Doctor of the Day for the General Assembly.
Rep. ANDERSON presented to the House the Carvers Bay High School "Bears" Football Team, the 2006 Class A, Division 1 Champions, their coaches and other school officials.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 3089 (Word version)
Date: ADD:
02/21/07 WEEKS
Bill Number: H. 3509 (Word version)
Date: ADD:
02/21/07 WHITMIRE
Bill Number: H. 3509 (Word version)
Date: ADD:
02/21/07 FRYE
Bill Number: H. 3196 (Word version)
Date: ADD:
02/21/07 BRANTLEY
Bill Number: H. 3196 (Word version)
Date: ADD:
02/21/07 SPIRES
Bill Number: H. 3196 (Word version)
Date: ADD:
02/21/07 CHALK
Bill Number: H. 3196 (Word version)
Date: ADD:
02/21/07 WALKER
Bill Number: H. 3196 (Word version)
Date: ADD:
02/21/07 BARFIELD
Bill Number: H. 3196 (Word version)
Date: ADD:
02/21/07 MILLER
Bill Number: H. 3196 (Word version)
Date: ADD:
02/21/07 MITCHELL
Bill Number: H. 3196 (Word version)
Date: ADD:
02/21/07 HARRISON
Bill Number: H. 3097 (Word version)
Date: ADD:
02/21/07 VIERS
Bill Number: H. 3146 (Word version)
Date: ADD:
02/21/07 FUNDERBURK
Bill Number: H. 3427 (Word version)
Date: ADD:
02/21/07 MULVANEY
Bill Number: H. 3509 (Word version)
Date: ADD:
02/21/07 SIMRILL
Bill Number: H. 3509 (Word version)
Date: ADD:
02/21/07 WHITE
Bill Number: H. 3509 (Word version)
Date: ADD:
02/21/07 MULVANEY
Bill Number: H. 3136 (Word version)
Date: ADD:
02/21/07 RICE
Bill Number: H. 3136 (Word version)
Date: ADD:
02/21/07 VICK
Bill Number: H. 3136 (Word version)
Date: ADD:
02/21/07 WHITMIRE
Bill Number: H. 3136 (Word version)
Date: ADD:
02/21/07 BRANTLEY
Bill Number: H. 3136 (Word version)
Date: ADD:
02/21/07 ALLEN
Bill Number: H. 3136 (Word version)
Date: ADD:
02/21/07 DAVENPORT
Bill Number: H. 3136 (Word version)
Date: ADD:
02/21/07 HARDWICK
Bill Number: H. 3136 (Word version)
Date: ADD:
02/21/07 F. N. SMITH
Bill Number: H. 3136 (Word version)
Date: ADD:
02/21/07 ANTHONY
Bill Number: H. 3136 (Word version)
Date: ADD:
02/21/07 GULLICK
Bill Number: H. 3136 (Word version)
Date: ADD:
02/21/07 BREELAND
Bill Number: H. 3136 (Word version)
Date: ADD:
02/21/07 MACK
Bill Number: H. 3136 (Word version)
Date: ADD:
02/21/07 BATTLE
Bill Number: H. 3136 (Word version)
Date: ADD:
02/21/07 WILLIAMS
Bill Number: H. 3136 (Word version)
Date: ADD:
02/21/07 SANDIFER
Bill Number: H. 3136 (Word version)
Date: ADD:
02/21/07 R. BROWN
Bill Number: H. 3136 (Word version)
Date: ADD:
02/21/07 GOVAN
Bill Number: H. 3136 (Word version)
Date: ADD:
02/21/07 HOSEY
Bill Number: H. 3136 (Word version)
Date: ADD:
02/21/07 EDGE
Bill Number: H. 3136 (Word version)
Date: ADD:
02/21/07 SELLERS
Bill Number: H. 3136 (Word version)
Date: ADD:
02/21/07 MCLEOD
Bill Number: H. 3136 (Word version)
Date: ADD:
02/21/07 HART
Bill Number: H. 3136 (Word version)
Date: ADD:
02/21/07 SCOTT
Bill Number: H. 3136 (Word version)
Date: ADD:
02/21/07 HAYES
Bill Number: H. 3136 (Word version)
Date: ADD:
02/21/07 JENNINGS
Bill Number: H. 3136 (Word version)
Date: ADD:
02/21/07 AGNEW
Bill Number: H. 3136 (Word version)
Date: ADD:
02/21/07 GAMBRELL
Bill Number: H. 3136 (Word version)
Date: ADD:
02/21/07 J. H. NEAL
Bill Number: H. 3136 (Word version)
Date: ADD:
02/21/07 WEEKS
Bill Number: H. 3136 (Word version)
Date: ADD:
02/21/07 BOWEN
Bill Number: H. 3136 (Word version)
Date: ADD:
02/21/07 HARRISON
Bill Number: H. 3136 (Word version)
Date: ADD:
02/21/07 SPIRES
Bill Number: H. 3136 (Word version)
Date: ADD:
02/21/07 MOSS
Bill Number: H. 3136 (Word version)
Date: ADD:
02/21/07 RUTHERFORD
Bill Number: H. 3136 (Word version)
Date: ADD:
02/21/07 BALES
Bill Number: H. 3136 (Word version)
Date: ADD:
02/21/07 BRANHAM
Bill Number: H. 3136 (Word version)
Date: ADD:
02/21/07 MITCHELL
Bill Number: H. 3034 (Word version)
Date: ADD:
02/21/07 BOWERS
Bill Number: H. 3284 (Word version)
Date: ADD:
02/21/07 DUNCAN
Bill Number: H. 3427 (Word version)
Date: ADD:
02/21/07 GULLICK
Bill Number: H. 3453 (Word version)
Date: ADD:
02/21/07 BATTLE
Bill Number: H. 3486 (Word version)
Date: ADD:
02/21/07 SIMRILL
Bill Number: H. 3499 (Word version)
Date: ADD:
02/21/07 SHOOPMAN
Bill Number: H. 3499 (Word version)
Date: ADD:
02/21/07 RICE
Bill Number: H. 3512 (Word version)
Date: ADD:
02/21/07 MAHAFFEY
Bill Number: H. 3516 (Word version)
Date: ADD:
02/21/07 MAHAFFEY
Bill Number: H. 3522 (Word version)
Date: ADD:
02/21/07 TALLEY
The SPEAKER granted Rep. COTTY a temporary leave of absence for official legislative business.
On motion of Rep. COOPER, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary and was referred to the Committee on Ways and Means:
H. 3514 (Word version) -- Reps. Harrell, Toole, Pinson, Dantzler, Hayes, Leach, J. R. Smith and Witherspoon: A BILL TO AMEND SECTION 11-35-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE CONSOLIDATED PROCUREMENT CODE, SO AS TO DELETE THE DEFINITION FOR "OFFICE"; AND TO AMEND SECTION 11-35-1524, RELATING TO VENDOR PREFERENCES, SO AS TO PROVIDE FOR PREFERENCES FOR END PRODUCTS FROM SOUTH CAROLINA AND FROM THE UNITED STATES AND FOR CONTRACTORS AND SUBCONTRACTORS WHO EMPLOY INDIVIDUALS DOMICILED IN SOUTH CAROLINA, TO DEFINE CERTAIN TERMS, PROVIDE FOR ELIGIBILITY REQUIREMENTS FOR THE PREFERENCES, PROVIDE FOR APPLICATION FOR THE PREFERENCES AND PENALTIES FOR FALSE APPLICATION, AND TO MAKE EXCEPTIONS TO THE PREFERENCES.
Rep. HOSEY asked unanimous consent to recall H. 3479 (Word version) from the Committee on Ways and Means.
Rep. COOPER objected.
The motion period was dispensed with on motion of Rep. LIMEHOUSE.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 6:
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.
Rep. OWENS proposed the following Amendment No. 6 (Doc Name COUNCIL\GJK\20124SD07), which was tabled:
Amend the bill, as and if amended, in Section 59-16-15 as contained in SECTION 1, by striking subsection (C) and inserting:
/ (C) Students may be awarded such credits per school year and throughout high school as determined by the governing body of the student's school district. /
Renumber sections to conform.
Amend title to conform.
Rep. OWENS moved to table the amendment, which was agreed to.
Rep. HARRISON moved to reconsider the vote whereby Amendment No. 5 was tabled.
Rep. WEEKS moved to table the motion to reconsider.
Rep. SIMRILL demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Allen Anthony Bales Battle Bowers Branham Breeland G. Brown R. Brown Clyburn Cobb-Hunter Coleman Funderburk Gambrell Govan Hart Harvin Hayes Hiott Hodges Hosey Jefferson Jennings Kennedy Kirsh Littlejohn Mack McLeod Miller Mitchell Moss J. H. Neal J. M. Neal Neilson Ott Parks Perry Pinson Rutherford Sandifer Scott Sellers Skelton D. C. Smith Stavrinakis Thompson Vick Walker Weeks Whipper Whitmire Williams
Those who voted in the negative are:
Ballentine Bannister Barfield Bedingfield Bingham Bowen Brady Brantley Cato Chalk Chellis Clemmons Cooper Crawford Dantzler Delleney Duncan Edge Frye Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Herbkersman Hinson Huggins Kelly Limehouse Loftis Lowe Lucas Mahaffey Merrill Mulvaney Owens E. H. Pitts M. A. Pitts Rice Scarborough Shoopman Simrill G. M. Smith G. R. Smith J. R. Smith Spires Stewart Talley Taylor Toole Umphlett Viers White Witherspoon Young
So, the House refused to table the motion to reconsider.
The question then recurred to the motion to reconsider.
Rep. SIMRILL demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Ballentine Bannister Barfield Bedingfield Bingham Bowen Cato Chalk Chellis Clemmons Cooper Crawford Dantzler Delleney Duncan Edge Frye Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Herbkersman Hinson Huggins Limehouse Loftis Lowe Lucas Mahaffey Merrill Mulvaney Owens E. H. Pitts M. A. Pitts Rice Scarborough Scott Shoopman Simrill G. M. Smith G. R. Smith J. R. Smith Spires Stewart Talley Taylor Toole Umphlett Viers White Witherspoon Young
Those who voted in the negative are:
Agnew Alexander Allen Anderson Anthony Bales Battle Bowers Branham Breeland G. Brown R. Brown Clyburn Cobb-Hunter Coleman Funderburk Gambrell Govan Hart Harvin Hayes Hiott Hodges Hosey Jefferson Jennings Kelly Kennedy Kirsh Littlejohn Mack McLeod Miller Mitchell Moss J. H. Neal J. M. Neal Neilson Ott Parks Perry Pinson Rutherford Sandifer Sellers Skelton D. C. Smith Stavrinakis Thompson Vick Walker Weeks Whipper Whitmire Williams
So, the motion to reconsider was agreed to.
Pursuant to the provisions of House Rule 7.8, Rep. JENNINGS cast a proxy vote on behalf of Rep. J. E. SMITH against the motion to reconsider on Amendment No. 5.
Rep. MERRILL moved to adjourn debate on the amendment, which was agreed to.
Reps. GOVAN, SCOTT and RICE proposed the following Amendment No. 7 (Doc Name COUNCIL\GGS\22706SJ07), which was tabled:
Amend the bill, as and if amended, Section 59-16-10, as contained in SECTION 1, by deleting the section in its entirety and inserting:
/ Section 59-16-10. (A) The General Assembly finds that:
(1) through the use of technology South Carolina can create educational opportunities for the students of this State that may not exist without this technology; and
(2) using technology to deliver instruction can provide effective alternatives for credit recovery, meeting graduation requirements, resolving scheduling conflicts, delivering curriculum content when there is a shortage of certified personnel, providing a more flexible and individualized instructional pace, and offering low-incidence courses.
(B) It is the purpose of the General Assembly in this chapter to establish the South Carolina Virtual School Program to ensure consistent high quality education for the students of South Carolina utilizing technology-delivered courses.
(C) It is the intent of the General Assembly to provide opportunities for teachers, parents, and students to:
(1) improve student learning;
(2) increase learning opportunities for all students;
(3) encourage the use of different and innovative teaching methods;
(4) provide parents and students with expanded choices in the types of educational opportunities that are available within the public school system; and
(5) provide rigorous competition within the public school system to stimulate continual improvements in public schools.
(D) Through virtual schools, the State seeks to achieve:
(1) equity in education, providing every student with equal access to educational opportunities, regardless of where the student lives or the size of the school the student attends;
(2) quality in education, through the creative application of telecommunications, as students are given the opportunity to interact with students from other cultures and geographical locations;
(3) enhanced curriculum to meet the needs of high-risk students who would be likely to drop out of traditional classroom programs; and
(4) expended course offerings in subjects that schools are currently unable to provide. /
Amend further, Section 59-16-15(F), as contained in SECTION 1, by deleting subsection (F) and inserting:
/ (F) The State shall provide home computer equipment and internet access for enrollment in courses provided by the South Carolina Virtual School Program to each participant whose family income falls below two hundred percent of the Federal poverty level./
Renumber sections to conform.
Amend title to conform.
Rep. GOVAN explained the amendment.
Rep. WALKER moved to table the amendment.
Rep. GOVAN demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Ballentine Bannister Barfield Bedingfield Bingham Bowen Brady Brantley Ceips Chellis Clemmons Cooper Crawford Dantzler Delleney Duncan Gambrell Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Herbkersman Hinson Hiott Huggins Kelly Kirsh Littlejohn Lowe Lucas Mahaffey Merrill Owens Perry Pinson E. H. Pitts M. A. Pitts Scarborough Shoopman Simrill Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith Spires Stavrinakis Stewart Talley Taylor Thompson Toole Umphlett Viers Walker White Whitmire Witherspoon Young
Those who voted in the negative are:
Agnew Alexander Allen Anderson Anthony Bales Battle Bowers Branham Breeland G. Brown R. Brown Clyburn Cobb-Hunter Coleman Edge Frye Funderburk Govan Hart Harvin Hayes Hodges Hosey Jefferson Jennings Kennedy Loftis Mack McLeod Miller Mitchell Moss Mulvaney J. H. Neal J. M. Neal Neilson Ott Parks Rice Rutherford Scott Sellers Vick Weeks Whipper Williams
So, the amendment was tabled.
Pursuant to the provisions of House Rule 7.8, Rep. JENNINGS cast a proxy vote on behalf of Rep. J. E. SMITH against the motion to table Amendment No. 7.
Rep. WALKER proposed the following Amendment No. 8 (Doc Name COUNCIL\GJK\20148SD07), which was adopted:
Amend the bill, as and if amended, in Section 59-16-15 of the 1976 Code, as contained in SECTION 1, by striking subsection (A) and inserting:
/ (A) The State Board of Education is authorized to establish the South Carolina Virtual School Program to provide South Carolina students access to distance, on-line, or virtual learning courses offered for an initial unit of credit. Additionally, the South Carolina Virtual School Program shall offer access to credit recovery programs for students who have been identified by a school district as not having received credit for a course previously taken or for students who have been identified by a school district as not likely to receive credit for a course in which the student is currently enrolled. Students may enroll in courses for credit recovery based on policies established by the state board of education. The South Carolina Virtual School Program may not award a South Carolina High School diploma. /
Renumber sections to conform.
Amend title to conform.
Rep. WALKER explained the amendment.
The amendment was then adopted.
Rep. OWENS proposed the following Amendment No. 11 (Doc Name COUNCIL\AGM\18771MM07), which was adopted:
Amend the bill, as and if amended, in Section 59-16-15 as contained in SECTION 1, by striking subsection (C) and inserting:
/ (C) A student may be awarded such credits in a school year and throughout high school as determined by the governing body of the student's school district; except that a school district must allow a participating student at least three on-line credits in a school year and twelve on-line credits throughout high school. /
Renumber sections to conform.
Amend title to conform.
Rep. OWENS explained the amendment.
The amendment was then adopted.
Rep. WALKER proposed the following Amendment No. 12 (Doc Name COUNCIL\GJK\20149SD07), which was adopted:
Amend the bill, as and if amended, in Section 59-16-15 of the 1976 Code, as contained in SECTION 1, by striking subsection (B) and inserting:
/ (B) A public, private, or home school student residing in South Carolina who is twenty-one years of age or younger is eligible to enroll in the South Carolina Virtual School Program. Of the seats available in courses offered through the South Carolina Virtual School Program, ninety percent shall be allocated to public schools for student enrollment. The remaining ten percent shall be allocated for student enrollment from private schools or home schools. However, if either allotment is under-utilized, either group may use unallocated seats. A private school or home school student enrolled in the South Carolina Virtual School Program must not be entitled to any rights, privileges, courses, activities, or services available to a public school student other than receiving an appropriate unit of credit for a completed course./
Renumber sections to conform.
Amend title to conform.
Rep. WALKER explained the amendment.
The amendment was then adopted by a division vote of 46 to 20.
Rep. OWENS proposed the following Amendment No. 5 (Doc Name COUNCIL\GJK\20123SD07), which was reconsidered and tabled:
Amend the bill, as and if amended, in Section 59-16-15(B) as contained in SECTION 1, by striking the second sentence of the subsection which reads: /However, public school students must be given enrollment priority./
Renumber sections to conform.
Amend title to conform.
Rep. WALKER moved to table the amendment, which was agreed to.
Rep. GOVAN spoke against the Bill.
Rep. COBB-HUNTER spoke against the Bill.
Rep. MACK spoke against the Bill.
Rep. OTT spoke against the Bill.
Rep. J. H. NEAL spoke against the Bill.
Further proceedings were interrupted by the Joint Assembly the pending question being consideration of the Bill.
At 12:00 noon the Senate appeared in the Hall of the House. The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
The Reading Clerk of the House read the following Concurrent Resolution:
H. 3338 (Word version) -- Reps. Harrison, Harrell, W. D. Smith, Delleney, Agnew, Bannister, Clemmons, Coleman, Cotty, Funderburk, Hagood, Hart, Jennings, Kelly, Lucas, McLeod, Rutherford, Sellers, F. N. Smith, G. M. Smith, J. E. Smith, Stavrinakis, Talley, Viers, Weeks and Whipper: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE JEAN HOEFER TOAL, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:00 NOON ON WEDNESDAY, FEBRUARY 21, 2007.
Chief Justice Toal and her distinguished party were escorted to the rostrum by Senators Leatherman, Vaughn, Malloy, and Mescher and Representatives HARRISON, DELLENEY, COLEMAN, HASKINS, CEIPS, and JENNINGS.
Lieutenant Governor Bauer, President Pro Tempore McConnell, SPEAKER HARRELL, Speaker Pro Tempore SMITH, Members of the Joint Assembly, my brothers and sisters of the South Carolina Judiciary, ladies and gentlemen:
Your generosity in extending to me the privilege of this podium is a mark of respect for the judicial branch and a recognition of our partnership which sends a needed encouragement to the men and women in South Carolina who labor as filing clerks, court reporters, baliffs, clerks of court, magistrates, and judges. Most notably, it assures us all that the rule of law works and is at work in our beloved State.
Your Supreme Court has served together since March of 2000. Seven years represents the longest tenure of our court without change in modern times.
E. C. Burnett
At the time of his retirement, Justice E. C. Burnett will have served as a South Carolina judge for 30 years. No member of the judiciary in South Carolina has served in a broader range of judicial responsibilities than Justice Burnett. E. C. began his judicial career as a Probate Judge, and has also served as a Family Court Judge, Circuit Court Judge, and Justice of the Supreme Court. His additional public service includes positions as the Clerk of Court for Spartanburg County and as a Member of the South Carolina House of Representatives. This proud Wofford Terrier, U.S. Army Major and Vietnam War veteran, devoted churchman and family man has been a voice of integrity representing the highest caliber of legal scholarship. Much more importantly, he is our dear brother. So whether he is golfing with his grandson, working in the Franklin Graham ministry, or just enjoying a walk on the beach with his sweetheart of 40+ years, Jami, he will be missed.
Bert Goolsby
The Court of Appeals loses its last remaining founding member with the retirement of Judge Bert Goolsby. This proud Citadel graduate and Phi Beta Kappa at USC Law was a dominant influence as a top Deputy Attorney General for South Carolina before his ascension to the newly created Court of Appeals 23 years ago. An early user of technology, Bert is an amazing legal scholar and an accomplished published author. We are delighted that he will join Judge Jasper Cureton as an active retired judge at the Court of Appeals.
Sam Stilwell
Sam Stilwell also retires this year after 10 years of service on the Court of Appeals. Sam came to judicial service after a highly successful career as a practicing lawyer, staffer to Strom Thurmond, and State Senator. His distinguished academic record in law school served him well as he devoted his scholarship to the work of the Court of Appeals. He will be sorely missed as he resumes private practice with his son. You, the General Assembly, have a host of outstanding candidates for these soon to be vacant seats. Godspeed your endeavors.
Court Crisis
The signature of my administration as your Chief Justice has been to develop a new way of doing business for our State Court System. I have used technology in years of lean state financial resources to engineer more efficiency in our system. But it is now absolutely critical that we address the spiraling case load in our State by providing new resources for the trial bench.
Court Statistics
South Carolina has fewer judges and a heavier case load per judge than any other court system in the nation. At the trial level, South Carolina has the highest number of case filings per judge in the country. Our 4,167 filings per judge is more than 1,000 cases per judge higher than the next closest state, North Carolina. At 1.1 circuit judges per 100,000 of population, we have the fewest number of judges per capita of any state in the union. The national average of filings per judge is 1,754, and South Carolina's filings are more than double this figure. The civil caseload alone has increased 76% in the last 10 years.
Circuit Court
The real crisis is in the Circuit Court Criminal and in the Family Court dockets. South Carolina has one of the highest criminal domestic violence rankings in the country. Violent crimes such as murder, armed robbery, drug related crimes, and gang violence are causing increasing backlogs in our courts. For many years, the National and South Carolina benchmark or standard for case disposition has been 180 days. A three year snapshot of our performance demonstrates that we are falling further behind this benchmark each year.
In Circuit Court, General Sessions handles the criminal part of the docket. In 2004, we had 110,000 cases filed in general sessions and we disposed of 83,608 cases. In 2005, we had a 6,000 case increase in filings, a 10,000 case increase in dispositions, and we fell further behind in our goal to meet the Federal and State 180 day benchmark. In 2006, we had another 6,000 case increase in filings, we jumped our disposition rate by 15,000 cases, and despite this improvement, we still fell further behind in our quest to meet these benchmarks.
These same Circuit Court Judges also handle the Common Pleas Court civil docket, where although filings have fallen 2,000 cases in three years, our disposition rate has also fallen behind 4,000 cases over the same period. The gap between filings and dispositions is 13,000 cases a year. Why? Because I am using these judges more and more on the criminal docket. This has been damaging to the court's ability to control the civil docket, where, since the year 2000, filings have increased over 17%, with the largest increase coming in the 2001-2002 fiscal year. This large increase formed the basis for my prior statements to you that civil filings have grown considerably over this time. More telling is the fact that civil filings in South Carolina have increased over 70% over the last decade, a numeric increase of 31,000 cases per year. In the last three years, no circuit has met the 180 day benchmark for criminal cases, and only three circuits beat this average in civil cases.
Family Court
When the South Carolina Statewide Family Court was created in 1977, it was a model for the nation - a court specialized in divorce, alimony, equitable division of marital property, child custody and visitation, and adjudication of criminal offenses committed by juveniles. Today, Family Court is so inundated with cases that judges have on average 20 minutes per case to make decisions which have permanent impact on a child, on a parent, on a family. The child support enforcement cases alone take up a day of every five available for court hearings.
New Judges
To help address this crisis, I have again requested that this General Assembly create, elect, and fund three additional Circuit Court Judge positions and three additional Family Court positions. Every circuit in the State could use additional judges. If you create these positions at large, I can utilize the constitutional mandate to rotate judges and place these judges where they are most needed from week to week.
Differentiated Case Management
Additional judicial resources are part of the solution for our court crisis, but there are other initiatives we can and must take. Within the past two years, special study committees of the House and Senate have looked at our great court system. The House will shortly consider the New Judges Bill, one product of the House Judiciary Committee's efforts.
The Senate is considering, in its Judiciary Committee, the report of its Criminal Justice Task Force. Each of its recommendations is crucial. I want to emphasize one - differentiated case management for our criminal case docket.
South Carolina is the only State in the country where the prosecuting attorneys have the day to day responsibility for managing the docket. In the old days, those dockets used to be managed by having a roll call at the beginning of each week of court and then deciding which cases to call for trial. When I became Chief, I began to work with the solicitors to develop a plan for managing the criminal caseload which would put each case on a schedule with deadlines for assignment of a lawyer, exchange of discovery, offer and acceptance of a plea agreement, setting a trial date, and disposition. Our county jails are overflowing with defendants awaiting trial. The county cost of housing these individuals is yet another cost of crowded dockets. I will meet with the solicitors next Tuesday to develop a proposal for inclusion in the Senate's proposed Bill which will establish differentiated case management in each circuit.
Many Circuits already have such a system. Solicitor Giese piloted the system in the 5th Circuit. Solicitor Ariail of Greenville-Pickens, the 13th Circuit, handles the largest caseload in the State using our system. York County developed a model under Solicitor Pope. Though these systems have characteristics that are unique to each circuit, they are based on the same model, which tracks cases from the time they are brought for indictment and sets benchmarks for the completion of pre-trial matters all the way through disposition. Implementing differentiated case management in each circuit is not a case of micro-managing each circuit's business from Columbia but is instead an installation of a high-tech tool to aid in the management of court business. This technology is necessary to control the current filing and docket problems South Carolina Courts are facing.
Hearing Officers in Family Court
Returning to issues facing the Family Court, the vast majority of child support cases involve actions brought by DSS. The support ordered goes to DSS to offset its TANF (Temporary Assistance for Needy Families) payments to custodial parents on public assistance. Federal funding requirements mandate that DSS bring these collection actions or lose federal dollars.
Our Family Court system is drowning in these cases and in DSS abuse and neglect cases. Some of the biggest complaints about Family Court come from individuals involved in divorce, child custody and visitation, and alimony cases who cannot get an adequate or timely hearing.
The Family Court study which was made two years ago recommended the use of Family Court volunteer hearing officers and mandatory mediation in Family Court for custody, visitation, and equitable division. These suggestions would free up Family Court Judges to give more hearing time to contested cases.
Looking specifically at the proposed hearing officers program, these volunteer lawyers would work pro bono, for free. They would be assigned the more routine matters - such as DSS child support enforcement cases. I would like to be authorized to experiment with this idea for two years. If it works, you can consider a more permanent solution.
Civil Appointments
In the vast majority of criminal cases, post conviction relief cases, abuse and neglect cases, and termination of parental rights cases in South Carolina, we are required by state law or federal court decision to appoint lawyers to represent the defendant. We are making progress in indigent defense which is much enhanced by the reform legislation you passed reorganizing trial and appellate indigent defense.
We have not yet addressed adequately the funding of appointments in the so called civil cases - Family Court or Circuit Court. This issue is of paramount importance to both the Members of the Bar in South Carolina and to South Carolina's population who relies on the State to provide them with meaningful and competent representation in their times of need in court.
Salary Commission
The Three-Branch Salary Study Commission was created by you last year.
The Hay Group is conducting this review of compensation for Constitutional Officers, the General Assembly, and the Judiciary. This is the first time such a study has been conducted since the 1970's. The commission will be making its report shortly. I urge you to give this report your careful and expeditious attention.
Technology Journey
The cornerstone of my management plan for our court system has been to utilize high-speed, internet-based connectivity to improve court operations and enhance public access. The basic building block was to develop web sites for each county's clerk of court and get all judges from magistrate through the Supreme Court on reliable, high-speed internet access. This goal has been achieved. The system is now used for court docket management, distribution of forms and law research access. But efforts now go far beyond the courts.
For the past 20 years, technology for courts has been inward looking, concentrating on caseflow and docket management. South Carolina has led the way in using an internet based system to move data to many other agencies and private entities which interact with the courts. We have developed a system which is served by an enterprise architecture that interacts with our justice agency partners and the public and private sectors. We can no longer develop automation systems in state government in isolation. Duplication of costs is not a tab our State can afford.
What does it mean to have automated court operations in rural South Carolina? It levels the playing field, but it also provides very practical cost savings. To borrow an example from the private business world, financial institutions estimate that each time an individual conducts his banking in person, the cost to the bank (and ultimately the customer) is $11 per transaction. When the same banking business is conducted online, the cost is less than $1 per transaction.
Think of the implication this type of automated process will have for costs in clerks of court operations.
Case Management System
Our entire State Court System now has access to high speed internet service. On this platform, we are now deploying our case management system. We are complete in Greenville, Pickens, Richland, York, Sumter, Beaufort, Jasper, Georgetown, and Horry. Deployment has just begun in Lexington. In the spring we will begin in Oconee and Anderson. By the year's end almost half the state caseload will be managed on the new system. We own the system ourselves and last fall our system was successfully benchmarked and tested in Microsoft's performance labs. This system is funded almost entirely by a series of federal grants secured through the sponsorship of former Senator Ernest Hollings and the continuing support of Senators Lindsey Graham, Jim DeMint, and our Congressional Delegation.
The counties received this system at no cost other than a maintenance fee which goes, not to a private vendor, but back to the judicial department to reduce the state's costs.
Solicitor Case Management
As I briefly described earlier, to assist the solicitors in managing the docket, the judicial department and solicitor's staff designed a Solicitors Case Management System which is compatible with the court's system. The judicial department obtained grants to fund this system which is now deployed in 5 circuits, and is underway in 4 more. By the end of this year 60% of the general sessions cases in solicitor's offices will be managed by this system.
This system is deployed and installed without cost to the solicitor. The first years of support are also paid for by the grants. The solicitors' costs are to purchase the laptops needed to operate the system.
Report Card
So how does our report card look for this year? We have task force initiatives developing recommendations for access to justice for the working poor and privacy issues in access to public records. We have begun an initiative to develop business courts for South Carolina.
Our public outreach includes our very successful law school for new legislators, law school for journalists, high school and middle school educational programs at the Supreme Court, and a recent summit on children and the courts. Overall, I'd grade us satisfactory as to initiatives, public outreach, and technology. On the "needs attention" part of the report card are: new judges, criminal justice reform legislation, family court, lawyer appointments, and the salary study.
Introductions
I have the honor to present the Members of the Supreme Court: Justice James E. Moore, Justice E. C. Burnett, and Justice Costa Pleicones. Justice Waller is having minor hand surgery today - too many years of signing orders and writing opinions - and sends his best wishes.
I also have the honor to present the Members of the Court of Appeals: Chief Judge Kaye Hearn, Judge Bert Goolsby, Judge Ralph Anderson, Judge Tommy Huff, Judge Sam Stilwell, Judge John Kittredge, Judge Don Beatty, Judge Paul Short, and Judge Bruce Williams.
Conclusion
On behalf of these judges and on behalf of the men and women who wear the robe, I want to thank you for your unwavering support. The demands on you are constant. We know you will do what you reasonably believe you can do to help the judicial branch and that's all we can ask as we look to the future.
Well, finally, this is the face of the future of our beloved South Carolina. Patrick and his Big Mama are building sand castles and front end loaders on the beach at the Isle of Palms. If you look closely at the ocean, you'll see Senator Chip Campsen "catching a wave" at his favorite surfing spot. God bless the decency of our people and the beauty of the earth He has provided for us in the great State of South Carolina.
Upon conclusion of her address, Chief Justice Toal and her escort party retired from the Chamber.
The purposes of the Joint Assembly having been accomplished, the PRESIDENT announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.
At 12:30 p.m. the House resumed, the SPEAKER in the Chair.
Rep. HAGOOD moved that the House recede until 2:00 p.m., which was agreed to.
At 2:00 p.m. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill:
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.
Rep. FUNDERBURK moved to recommit the Bill to the Committee on Education and Public Works.
Rep. WALKER moved to table the motion.
Rep. OTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anthony Ballentine Bannister Barfield Bedingfield Bingham Bowen Brantley Cato Ceips Chalk Chellis Clemmons Coleman Cooper Crawford Dantzler Davenport Delleney Duncan Edge Frye Gambrell Gullick Hagood Haley Hardwick Harrell Harrison Haskins Herbkersman Hinson Hiott Kelly Kirsh Littlejohn Lowe Lucas Mahaffey Merrill Moss Mulvaney J. M. Neal Owens Perry Pinson E. H. Pitts M. A. Pitts Rice Sandifer Scarborough Shoopman Simrill Skelton D. C. Smith F. N. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Spires Stavrinakis Stewart Talley Taylor Thompson Toole Umphlett Viers Walker White Whitmire Witherspoon Young
Those who voted in the negative are:
Agnew Alexander Allen Anderson Bales Battle Bowers Branham Breeland G. Brown R. Brown Clyburn Cobb-Hunter Funderburk Govan Hart Harvin Hayes Hodges Hosey Jefferson Jennings Kennedy Knight Mack McLeod Miller Mitchell J. H. Neal Neilson Ott Parks Rutherford Scott Sellers Vick Weeks Whipper Williams
So, the motion to recommit the Bill was tabled.
Pursuant to the provisions of House Rule 7.8, Rep. JENNINGS cast a proxy vote on behalf of Rep. J. E. SMITH against the motion to table the motion to recommit H. 3097.
Rep. CLYBURN spoke against the Bill.
Rep. OTT spoke against the Bill.
Rep. HOSEY spoke against the Bill.
Rep. MERRILL spoke in favor of the Bill.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Agnew Anthony Bales Ballentine Bannister Barfield Battle Bedingfield Bingham Bowen Brantley Cato Ceips Chalk Chellis Clemmons Coleman Cooper Cotty Crawford Dantzler Davenport Delleney Duncan Edge Frye Funderburk Gambrell Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Hayes Herbkersman Hinson Hiott Huggins Kelly Kirsh Limehouse Littlejohn Loftis Lowe Lucas Mahaffey McLeod Merrill Moss Mulvaney J. M. Neal Neilson Owens Perry Pinson E. H. Pitts M. A. Pitts Rice Sandifer Scarborough Shoopman Simrill Skelton D. C. Smith G. R. Smith J. R. Smith W. D. Smith Spires Stavrinakis Stewart Talley Taylor Thompson Toole Umphlett Vick Viers Walker White Whitmire Witherspoon Young
Those who voted in the negative are:
Alexander Allen Anderson Bowers Branham Breeland G. Brown R. Brown Clyburn Cobb-Hunter Govan Hart Harvin Hodges Hosey Howard Jefferson Jennings Kennedy Knight Mack Miller Mitchell J. H. Neal Ott Parks Rutherford Scott Sellers F. N. Smith Weeks Whipper Williams
So, the Bill was read the second time and ordered to third reading.
Pursuant to the provisions of House Rule 7.8, Rep. JENNINGS cast a proxy vote on behalf of Rep. J. E. SMITH against H. 3097.
Rep. LOFTIS moved that the House recur to the Morning Hour, which was agreed to.
The following was introduced:
H. 3561 (Word version) -- Reps. Brantley, Bowers, Breeland, Davenport, Hamilton, Harvin, Mitchell, Scarborough, Simrill, J. R. Smith and Stavrinakis: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF MR. RALPH TUTEN, MAYOR OF RIDGELAND, AND TO EXTEND THE DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 3562 (Word version) -- Reps. Whipper, J. E. Smith, Rutherford, Jefferson, Sellers, Bales, Brantley, R. Brown, Clyburn, Hosey, Mack and Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING THE "HEALTHY COMMUNITIES CAPACITY ACT" BY ADDING ARTICLE 11 TO CHAPTER 6, TITLE 44 SO AS TO ESTABLISH THE SMALL BUSINESS HEALTH INSURANCE PREMIUM ASSISTANCE PROGRAM WITHIN THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO PROVIDE HEALTH INSURANCE PREMIUM ASSISTANCE TO SMALL BUSINESSES FOR EMPLOYEES WHO ARE AT OR UNDER TWO HUNDRED PERCENT OF THE FEDERAL POVERTY LEVEL, TO ESTABLISH ELIGIBILITY CRITERIA FOR SMALL BUSINESSES TO PARTICIPATE IN THE PROGRAM, TO REQUIRE ELIGIBLE EMPLOYEES TO CONTRIBUTE UP TO FIFTEEN PERCENT OF THE PREMIUM COST, TO REQUIRE THE DEPARTMENT TO PLACE CAPS ON THE NUMBER OF EMPLOYEES THAT MAY ENROLL IN THE PROGRAM SO THAT NO MORE FUNDS ARE EXPENDED THAN ARE AVAILABLE FOR THIS PROGRAM FROM THE MEDICAID MATCH FUND, TO PROVIDE THAT THIS PROGRAM MUST BE FUNDED FROM A PORTION OF AN ADDITIONAL 4.65 CENTS PER CIGARETTE LICENSE TAX WHICH MUST BE ADJUSTED ANNUALLY BASED ON THE CONSUMER PRICE INDEX, AND TO DIRECT THE DEPARTMENT TO APPLY FOR A MEDICAID WAIVER TO IMPLEMENT THIS PROGRAM; TO PROVIDE THAT THE DEPARTMENT SHALL PROVIDE MEDICAID COVERAGE TO CHILDREN EIGHTEEN YEARS OF AGE AND YOUNGER WHOSE FAMILY INCOMES DO NOT EXCEED TWO HUNDRED PERCENT OF THE FEDERAL POVERTY LEVEL; TO CREATE THE MEDICAID MATCH FUND INTO WHICH A PORTION OF THE ADDITIONAL CIGARETTE TAX MUST BE DEPOSITED; TO ADD SECTION 12-21-630 SO AS TO PROVIDE FOR AN ADDITIONAL 4.65 CENT LICENSE TAX ON EACH CIGARETTE TO FUND THE SMALL BUSINESS HEALTH INSURANCE PREMIUM PROGRAM AND TO PROVIDE FOR THE DISTRIBUTION OF THE REMAINING PORTION OF THIS ADDITIONAL TAX TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, THE PARKS AND RECREATION DEVELOPMENT FUND, THE STATE DEPARTMENT OF EDUCATION, AND THE DEPARTMENT OF AGRICULTURE; AND TO ADD ARTICLE 9 TO CHAPTER 6, TITLE 44 SO AS TO ESTABLISH THE SECOND CHANCE QUIT ASSISTANCE PROGRAM WITHIN THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO PROVIDE ADDITIONAL COUNSELING TO EXPANDED SMOKING CESSATION SERVICES FOR MEDICAID SMOKERS WHO HAVE UNSUCCESSFULLY ATTEMPTED TO QUIT SMOKING UNDER CURRENT MEDICAID PROGRAMS, TO DIRECT THE DEPARTMENT TO APPLY FOR A MEDICAID WAIVER FOR THIS PROGRAM, TO PROVIDE THAT FUNDING FOR THIS PROGRAM MUST BE PROVIDED FROM THE MEDICAID MATCH FUND, AND TO PROVIDE THAT FUNDING FOR THE SMALL BUSINESS HEALTH INSURANCE PREMIUM ASSISTANCE PROGRAM TAKES PRIORITY OVER THE SECOND CHANCE QUIT ASSISTANCE PROGRAM.
Referred to Committee on Ways and Means
H. 3563 (Word version) -- Reps. Limehouse, Cooper, Scarborough and Thompson: A BILL TO AMEND SECTION 59-119-940, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLEMSON UNIVERSITY ATHLETIC FACILITIES REVENUE BONDS, SO AS TO RAISE THE OUTSTANDING DEBT LIMIT FOR THESE BONDS TO TWO HUNDRED MILLION DOLLARS; AND TO AMEND SECTION 9 OF ACT 518 OF 1980, AS AMENDED, RELATING TO THE UNIVERSITY OF SOUTH CAROLINA ATHLETIC FACILITIES REVENUE BONDS, SO AS TO RAISE THE OUTSTANDING DEBT LIMIT TO TWO HUNDRED MILLION DOLLARS.
Referred to Committee on Ways and Means
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.
On motion of Rep. DAVENPORT, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3565 (Word version) -- Rep. Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-57-142 SO AS TO PROVIDE THAT WHEN A LICENSEE ACTING IN HIS AGENCY CAPACITY RECEIVES MONEY FROM A RESIDENTIAL REAL ESTATE TRANSACTION, THE MONEY MUST BE DEPOSITED WITH THE OFFICE OF THE STATE TREASURER WHEN OWNERSHIP OF THE MONEY IS IN DISPUTE AND THE PROPERTY SALE AGREEMENT REQUIRES THE PARTIES TO MUTUALLY AGREE ON THE DISBURSEMENT OF MONEY PRIOR TO DISBURSEMENT, TO PROVIDE A NOTICE REQUIREMENT, TO PROVIDE A LICENSEE MAY NOT DEPOSIT DISPUTED MONEY WITH THE OFFICE OF THE STATE TREASURER WITHIN THIRTY DAYS OF PROVIDING NOTICE, AND TO REQUIRE THAT A LICENSEE WHO DEPOSITS MONEY PURSUANT TO THIS SECTION SHALL CERTIFY TO THE OFFICE OF THE STATE TREASURER THAT HE HAS COMPLIED WITH THE NOTICE REQUIREMENTS OF THIS SECTION; TO AMEND SECTION 22-3-10, AS AMENDED, RELATING TO THE EXTENT OF A MAGISTRATES COURT'S CIVIL JURISDICTION IN AN INTERPLEADER ACTION ARISING FROM A REAL ESTATE CONTRACT FOR THE RECOVERY OF EARNEST MONEY IF THE SUM IS LESS THAN SEVEN THOUSAND FIVE HUNDRED DOLLARS, SO AS TO DELETE THE REQUIREMENT THAT THE ACTION BE AN INTERPLEADER; TO AMEND SECTION 27-18-175, RELATING TO THE APPLICATION OF THE UNIFORM UNCLAIMED PROPERTY ACT, SO AS TO PROVIDE THAT EARNEST MONEY OR AN ESCROW DEPOSIT FOR REAL PROPERTY IS PRESUMED ABANDONED IF COMPLIANCE WITH SECTION 40-57-142 IS ACHIEVED BUT A PARTY DOES NOT AGREE ON DISBURSEMENT OF THE MONEY; TO AMEND SECTION 40-57-135, AS AMENDED, RELATING TO THE DUTY OF A BROKER-IN-CHARGE AND A PROPERTY MANAGER-IN-CHARGE TO FILE AN INTERPLEADER ACTION IN A COURT OF COMPETENT JURISDICTION, SO AS TO CHANGE THE WORD "INTERPLEADER" TO "APPROPRIATE" AND TO MAKE A CONFORMING CHANGE; AND TO REPEAL SECTION 22-3-25.
Referred to Committee on Labor, Commerce and Industry
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.
Without Reference
H. 3567 (Word version) -- Rep. Rice: A BILL TO AMEND SECTION 12-21-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION ON CIGARETTES, SO AS TO INCREASE THE AMOUNT OF TAX ON EACH CIGARETTE FROM THREE AND ONE-HALF MILLS TO TWO CENTS; TO ADD SECTION 44-6-157 SO AS TO PROVIDE THAT THE REVENUE GENERATED FROM THE TAXATION ON CIGARETTES MUST BE USED TO EXPAND MEDICAID COVERAGE TO CHILDREN EIGHTEEN YEARS OF AGE AND YOUNGER WHOSE FAMILY INCOME DOES NOT EXCEED TWO HUNDRED PERCENT OF THE FEDERAL POVERTY LEVEL; AND TO CREATE THE HEALTH CARE TRUST FUND TO PROVIDE MEDICAID BENEFITS TO INDIVIDUALS WHOSE FAMILY INCOME DOES NOT EXCEED ONE HUNDRED PERCENT OF THE FEDERAL POVERTY LEVEL AND WHO ARE UNINSURED AND TO PROVIDE THAT REVENUE IN EXCESS OF THE CHILDREN'S MEDICAID COVERAGE FROM THE CIGARETTE TAX MUST BE CREDITED TO THE HEALTH CARE TRUST FUND; AND TO AMEND SECTION 12-36-910, AS AMENDED, RELATING TO SALES TAXES GENERALLY, SO AS TO PROVIDE THAT AS OF JULY 1, 2009, THE THREE PERCENT SALES TAX IS ELIMINATED ON UNPREPARED FOOD WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, TO PROVIDE FOR CERTAIN GENERAL FUND TRANSFERS TO THE EDUCATION IMPROVEMENT ACT FUND FOR EACH FISCAL YEAR TO OFFSET EIA REVENUES LOST AS A RESULT OF THE LOSS OF SALES TAX ON THE SALE OF UNPREPARED FOOD, AND TO REDUCE THE SALES TAX ON UNPREPARED FOOD TO TWO PERCENT AS OF JULY 1, 2007, AND ONE PERCENT AS OF JULY 1, 2008.
Referred to Committee on Ways and Means
H. 3568 (Word version) -- Rep. Thompson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-233 SO AS TO PROVIDE ADDITIONAL "AGRITOURISM" USES FOR AGRICULTURAL REAL PROPERTY THAT DOES NOT AFFECT THE ELIGIBILITY OF THE PROPERTY FOR AGRICULTURAL USE CLASSIFICATION FOR PURPOSES OF THE PROPERTY TAX.
Referred to Committee on Ways and Means
H. 3569 (Word version) -- Reps. Harrell, Loftis, Govan, Merrill, Simrill, Bingham, Shoopman, Bannister, Haley, Bedingfield, Mitchell, Herbkersman, F. N. Smith, Anderson, Anthony, Bales, Barfield, Bowen, Bowers, R. Brown, Cato, Cooper, Davenport, Duncan, Edge, Frye, Funderburk, Hardwick, Harrison, Harvin, Hayes, Hinson, Hiott, Howard, Jennings, Limehouse, Littlejohn, Lowe, Lucas, Mahaffey, Miller, Neilson, Owens, Pinson, M. A. Pitts, Rice, Sandifer, J. R. Smith, Taylor, Umphlett, Whitmire, Witherspoon and Young: A JOINT RESOLUTION TO CREATE THE SOUTH CAROLINA WIRELESS TECHNOLOGY AND COMMUNICATIONS COMMISSION FOR THE PURPOSE OF IMPLEMENTING A STATEWIDE WIRELESS BROADBAND NETWORK AND TO PROVIDE FOR ITS MEMBERSHIP, POWERS, AND DUTIES.
Referred to Committee on Ways and Means
H. 3570 (Word version) -- Reps. Cobb-Hunter, Govan, J. H. Neal, McLeod, Mitchell, Jennings, Duncan, Bales, Brantley, G. Brown, Hardwick, Howard, Knight, Ott, E. H. Pitts, M. A. Pitts, Sellers and Spires: A BILL TO AMEND SECTION 38-71-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIRED INSURANCE COVERAGE FOR CERTAIN DIAGNOSTIC AND LABORATORY TESTS, INCLUDING MAMMOGRAMS, ANNUAL PAP SMEARS, AND PROSTATE CANCER, SO AS TO ALSO REQUIRE COVERAGE FOR COLORECTAL CANCER EXAMINATIONS AND LABORATORY TESTS.
Referred to Committee on Labor, Commerce and Industry
Rep. PERRY moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 3550 (Word version) -- Reps. Scott, 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, 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, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MR. BUD TIBSHRANY FOR FORTY-TWO YEARS OF DEDICATED SERVICE IN THE FIELD OF CABLE TELEVISION UPON HIS RETIREMENT, AND TO WISH HIM MUCH HEALTH AND HAPPINESS IN HIS FUTURE ENDEAVORS.
At 3:25 p.m. the House, in accordance with the motion of Rep. ANTHONY, adjourned in memory of Paul Glenn of Union, to meet at 10:00 a.m. tomorrow.
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