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 16:22: "Understanding is the fountain of life to those who have it, but folly brings punishment to fools."
Let us pray. We give thanks to You, Heavenly Father, for the privilege of serving in this House. Give us the strength and courage to discern what is the right thing, the proper thing to do and say to enhance the lives of the folk in South Carolina. Lead us by the hand and give us Your blessing. Look in favor upon our Nation, President, State, Governor, Speaker and all who serve in these halls of government. Protect our defenders of freedom as they protect us. In the name of our Lord. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. CLYBURN moved that when the House adjourns, it adjourn in memory of Reverend Alfred Holmes of Aiken, which was agreed to.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
H. 3505 (Word version) -- Reps. Harrell, W. D. Smith, Cato, Chellis, Cooper, Harrison, Walker, Witherspoon, Merrill, Cotty, Duncan, Hagood, Huggins, Scarborough, Haley, Davenport, Ballentine, Bannister, Battle, Bedingfield, Bingham, Bowen, Brady, Breeland, G. Brown, Ceips, Clemmons, Crawford, Dantzler, Delleney, Gambrell, Gullick, Hamilton, Haskins, Hayes, Hinson, Hiott, Kelly, Kirsh, Knight, Leach, Littlejohn, Lowe, Lucas, Mahaffey, Moss, Mulvaney, Owens, Perry, Pinson, E. H. Pitts, M. A. Pitts, Rice, Shoopman, Simrill, Skelton, G. M. Smith, G. R. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, White, Whitmire, Young and Hodges: A JOINT RESOLUTION TO DIRECT THE STATE PORTS AUTHORITY TO CONTINUE AND BRING TO ITS EARLIEST CONCLUSION THE CONDEMNATION ACTION IT HAS BEGUN INVOLVING APPROXIMATELY ONE THOUSAND EIGHT HUNDRED ACRES IN JASPER COUNTY NEEDED TO DEVELOP NEW TERMINAL FACILITIES; TO PROVIDE THAT THE POWER AND AUTHORITY OF JASPER COUNTY TO UNDERTAKE ANY CONDEMNATION ACTION REGARDING THIS APPROXIMATELY ONE THOUSAND EIGHT HUNDRED ACRES IN JASPER COUNTY OR ANY OTHER CONDEMNATION ACTION IN REGARD TO THE DEVELOPMENT OF TERMINAL FACILITIES IN JASPER COUNTY IS SUSPENDED FOR A PERIOD OF THREE YEARS FROM THE EFFECTIVE DATE OF THIS JOINT RESOLUTION; TO DIRECT THE STATE PORTS AUTHORITY TO CONTINUE AND COMPLETE CERTAIN OTHER ACTIONS BEGUN BEFORE THE EFFECTIVE DATE OF THIS JOINT RESOLUTION IN REGARD TO THESE NEW TERMINAL FACILITIES; AND TO DIRECT THE STATE PORTS AUTHORITY TO BEGIN SPECIFIC NEW UNDERTAKINGS WITHIN A STIPULATED TIME FRAME UPON FINAL CONCLUSION INCLUDING ALL APPEALS OF THE ABOVE CONDEMNATION ACTION.
Ordered for consideration tomorrow.
The following was introduced:
H. 3593 (Word version) -- Rep. Vick: A HOUSE RESOLUTION TO CONGRATULATE THE CHERAW HIGH SCHOOL MARCHING BAND ON CAPTURING THE 2006 CLASS AA STATE MARCHING BAND CHAMPIONSHIP TITLE.
The Resolution was adopted.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3594 (Word version) -- Reps. Neilson, Williams, Lucas and Miller: A BILL TO AMEND SECTION 9-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO ADD A PRINCIPAL, SUPERINTENDENT, OR SUPERVISOR OF CLASSROOM TEACHERS IN THE DEFINITION OF "EDUCATIONAL SERVICE" AS PERSONS WHO MAY PURCHASE EDUCATIONAL SERVICE IN THE SOUTH CAROLINA RETIREMENT SYSTEM.
Referred to Committee on Ways and Means
H. 3595 (Word version) -- Reps. Clemmons, Haley, Hardwick, Bannister, Barfield, Cato, Ceips, Cooper, Crawford, Dantzler, Duncan, Hagood, Hamilton, Hayes, Herbkersman, Hinson, Jennings, Kirsh, Limehouse, Littlejohn, Lucas, Moss, Neilson, Pinson, M. A. Pitts, Rice, Simrill, G. R. Smith, Umphlett, Vick and Viers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-146 TO ENACT THE "SOUTH CAROLINA LAW ENFORCEMENT SAFETY ACT OF 2007" SO AS TO PROVIDE THAT A PERSON WHO IS CONVICTED OF A VIOLENT CRIME MUST SURRENDER HIS DRIVER'S LICENSE OR SPECIAL IDENTIFICATION CARD TO THE COURT WHICH MUST TRANSMIT IT TO THE DEPARTMENT OF MOTOR VEHICLES TOGETHER WITH NOTICE OF THE CRIME, TO PROVIDE THAT THE DRIVER'S LICENSE OR SPECIAL IDENTIFICATION CARD IS CONSIDERED REVOKED AND MUST NOT BE RETURNED TO THE PERSON UNDER CERTAIN CIRCUMSTANCES; BY ADDING SECTION 56-1-148 SO AS TO PROVIDE THAT A PERSON CONVICTED OF A VIOLENT CRIME MUST HAVE A SPECIAL UNDEFINED CODE AFFIXED TO THE REVERSE SIDE OF HIS DRIVER'S LICENSE OR SPECIAL IDENTIFICATION CARD THAT IDENTIFIES THE PERSON AS HAVING BEEN CONVICTED OF A VIOLENT CRIME, TO PROVIDE A FEE TO BE CHARGED FOR AFFIXING THE CODE AND FOR ITS DISTRIBUTION, TO PROVIDE THE INTENT FOR AFFIXING THE CODE, AND TO PROVIDE A PROCESS FOR THE REMOVAL OF THE CODE; TO AMEND SECTION 56-1-80, RELATING TO THE CONTENTS OF A DRIVER'S LICENSE APPLICATION, SO AS TO PROVIDE THAT THE APPLICATION MUST CONTAIN A STATEMENT TO DETERMINE WHETHER THE APPLICANT HAS BEEN CONVICTED OF A VIOLENT CRIME AND, IF SO, THE CRIME, AND ALSO MUST CONTAIN A LIST OF ALL VIOLENT CRIMES; AND TO AMEND SECTION 56-1-3350, AS AMENDED, RELATING TO THE ISSUANCE OF A SPECIAL IDENTIFICATION CARD BY THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE THAT THE APPLICATION FOR A SPECIAL IDENTIFICATION CARD MUST CONTAIN A STATEMENT TO DETERMINE WHETHER THE APPLICANT HAS BEEN CONVICTED OF A VIOLENT CRIME AND, IF SO, THE CRIME, AND ALSO MUST CONTAIN A LIST OF ALL VIOLENT CRIMES.
Referred to Committee on Judiciary
H. 3597 (Word version) -- Rep. Talley: A BILL TO AMEND SECTION 40-22-225, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY REQUIREMENTS FOR LICENSURE AS A LAND SURVEYOR, SO AS TO PROVIDE THAT A PERSON WHO HAS NOT SATISFACTORILY COMPLIED WITH AN EDUCATION REQUIREMENT OR AN EXAMINATION REQUIRED FOR LICENSURE AS A PROFESSIONAL LAND SURVEYOR IN THIS STATE MAY PETITION THE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS.
Referred to Committee on Labor, Commerce and Industry
S. 75 (Word version) -- Senators Ryberg, Bryant and Verdin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-4-110, TO PROVIDE THAT THE SOUTH CAROLINA TUITION PREPAYMENT PROGRAM MAY NOT ACCEPT NEW PARTICIPANTS AND THE PROGRAM SHALL REMAIN IN OPERATION FOR EXISTING PARTICIPANTS.
Referred to Committee on Ways and Means
S. 235 (Word version) -- Senators Hayes, Thomas and Knotts: A BILL TO AMEND SECTIONS 34-26-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS OF THE SOUTH CAROLINA CREDIT UNION ACT, SO AS TO REVISE THE DEFINITIONS OF "DEPOSIT ACCOUNT" AND "SHARE ACCOUNT"; 34-26-350, RELATING TO THE PRINCIPAL PLACE OF BUSINESS OF A CREDIT UNION, SO AS TO CLARIFY THAT THE CREDIT UNION MAY ESTABLISH AND CLOSE BRANCHES WITH THE APPROVAL OF THE BOARD OF FINANCIAL INSTITUTIONS; 34-26-420, RELATING TO POWERS INCIDENTAL TO THE PURPOSE OF CREDIT UNIONS, SO AS TO PROVIDE THAT THE POWERS GRANTED BY STATE LAW OR REGULATION TO A STATE-CHARTERED CREDIT UNION NOT EXCEEDING THOSE FOR A FEDERALLY-INSURED FINANCIAL INSTITUTION; 34-26-500, AS AMENDED, RELATING TO THE REQUIREMENTS OF MEMBERSHIP OF A CREDIT UNION, SO AS TO DELETE THE PROVISION THAT A CREDIT UNION PRESENTLY DOES NOT HAVE A CREDIT UNION SERVICE AVAILABLE, AND PROVIDE THAT THE BOARD APPROVAL IS NOT NECESSARY TO ADD GROUPS WITH NOT MORE THAN TWO HUNDRED FIFTY POTENTIAL MEMBERS INSTEAD OF ONE HUNDRED; 34-26-605, RELATING TO THE BOARD OF A CREDIT UNION, SO AS TO PROVIDE THAT THE BYLAWS MAY OFFER THE OPTION OF USING LOAN OFFICERS INSTEAD OF A CREDIT COMMITTEE; 34-26-750, RELATING TO THE OWNERSHIP INTERESTS IN SHARE ACCOUNTS, SO AS TO REQUIRE THAT CREDIT UNION BYLAWS MUST ESTABLISH MEMBERSHIP AND MEMBER'S RIGHT TO VOTE, OBTAIN LOANS, OR HOLD OFFICE; AND 34-26-860, AS AMENDED, RELATING TO THE LIMITATION ON THE SIZE OF LOAN SECURED BY REAL ESTATE, SO AS TO PROVIDE THAT LOAN TERMS FOR RESIDENTIAL DWELLINGS MAY NOT EXCEED FORTY INSTEAD OF THIRTY YEARS, AND TO PROVIDE THAT LOANS FOR CERTIFIED APPRAISALS MUST BE THE SAME AS FOR STATE-CHARTERED BANKS.
Referred to Committee on Labor, Commerce and Industry
S. 268 (Word version) -- Senators Alexander and Martin: A BILL TO AMEND SECTIONS 33-56-30 AND 33-56-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION AND ORGANIZATIONS EXEMPT FROM REGISTRATION PURSUANT TO THE SOUTH CAROLINA SOLICITATION OF CHARITABLE FUNDS ACT, SO AS TO ALLOW CHARITABLE ORGANIZATIONS TO FILE THEIR ANNUAL REGISTRATION ON THE SAME DATE THAT FINANCIAL REPORTS PURSUANT TO THE ACT MUST BE FILED AND TO EXEMPT FROM REGISTRATION PURSUANT TO THE ACT CHARITABLE ORGANIZATIONS THAT DO NOT INTEND TO SOLICIT OR RECEIVE IN EXCESS OF SEVEN THOUSAND FIVE HUNDRED DOLLARS DURING A CALENDAR YEAR WHETHER OR NOT THE FUNDRAISING ACTIVITIES ARE CONDUCTED BY PROFESSIONAL SOLICITORS, PROFESSIONAL FUNDRAISING COUNSEL, OR COMMERCIAL CO-VENTURERS.
Referred to Committee on Judiciary
The following was introduced:
H. 3596 (Word version) -- Reps. Talley, W. D. Smith, Davenport, F. N. Smith, Duncan, Leach, Bedingfield, Cato, Walker, Taylor, E. H. Pitts, Harrison, Anthony, Bannister, Haskins, Kelly, Littlejohn, Loftis, Mahaffey, Pinson, Shoopman and G. R. Smith: A CONCURRENT RESOLUTION TO RECOGNIZE THE SELFLESSNESS AND BRAVERY OF THE UNITED STATES ARMED FORCES AND TO URGE THE SOUTH CAROLINA GENERAL ASSEMBLY AND ALL SOUTH CAROLINIANS TO SUPPORT OUR TROOPS AND OUR NATION'S LEADERSHIP IN THE WAR ON TERROR.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The roll call of the House of Representatives was taken resulting as follows:
Agnew Alexander Allen Anderson Anthony Bales Bannister Barfield Battle Bedingfield Bingham Bowen Bowers Brady Branham Brantley Breeland G. Brown R. Brown Cato Ceips Chalk Chellis Clyburn Cobb-Hunter Cooper Crawford Dantzler Delleney Duncan Edge Frye Funderburk Gambrell Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Harvin Hayes Herbkersman Hinson Hiott Hodges Hosey Howard Jefferson Jennings Kelly Kirsh Knight Leach Limehouse Littlejohn Loftis Lowe Lucas Mahaffey McLeod Merrill Miller Moss Mulvaney J. M. Neal Neilson Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Rice Sandifer Scarborough Scott Sellers Shoopman Simrill Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Spires Stavrinakis Stewart Talley Taylor Thompson Toole Umphlett Vick Walker Weeks White Whitmire Williams Witherspoon Young
I came in after the roll call and was present for the Session on Wednesday, February 28.
Alan D. Clemmons Harry Ott Chip Huggins Joseph Neal David Mack Harold Mitchell Bill Cotty Ralph Davenport Nathan Ballentine Chris Hart Thad Viers Jerry Govan Jackson "Seth" Whipper Creighton Coleman Gloria Haskins
The SPEAKER granted Rep. KENNEDY a leave of absence for the day.
Announcement was made that Dr. Robert R. Morgan, Jr. of Greenville was the Doctor of the Day for the General Assembly.
Rep. WALKER presented to the House the Landrum High School "Lady Cardinals" Volleyball Team, the Class A Champions, their coaches and other school officials.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 3098 (Word version)
Date: ADD:
02/28/07 SHOOPMAN
Bill Number: H. 3136 (Word version)
Date: ADD:
02/28/07 MAHAFFEY
Bill Number: H. 3136 (Word version)
Date: ADD:
02/28/07 MAHAFFEY
Bill Number: H. 3136 (Word version)
Date: ADD:
02/28/07 ALEXANDER
Bill Number: H. 3136 (Word version)
Date: ADD:
02/28/07 CLYBURN
Bill Number: H. 3136 (Word version)
Date: ADD:
02/28/07 PHILLIPS
Bill Number: H. 3136 (Word version)
Date: ADD:
02/28/07 OWENS
Bill Number: H. 3136 (Word version)
Date: ADD:
02/28/07 LUCAS
Bill Number: H. 3136 (Word version)
Date: ADD:
02/28/07 LOWE
Bill Number: H. 3136 (Word version)
Date: ADD:
02/28/07 DANTZLER
Bill Number: H. 3212 (Word version)
Date: ADD:
02/28/07 VICK
Bill Number: H. 3212 (Word version)
Date: ADD:
02/28/07 DUNCAN
Bill Number: H. 3212 (Word version)
Date: ADD:
02/28/07 MULVANEY
Bill Number: H. 3284 (Word version)
Date: ADD:
02/28/07 CATO
Bill Number: H. 3351 (Word version)
Date: ADD:
02/28/07 BEDINGFIELD
Bill Number: H. 3355 (Word version)
Date: ADD:
02/28/07 SIMRILL
Bill Number: H. 3499 (Word version)
Date: ADD:
02/28/07 GOVAN
Bill Number: H. 3499 (Word version)
Date: ADD:
02/28/07 HUGGINS
Bill Number: H. 3576 (Word version)
Date: ADD:
02/28/07 BRADY
Bill Number: H. 3509 (Word version)
Date: REMOVE:
02/28/07 UMPHLETT
Bill Number: H. 3545 (Word version)
Date: REMOVE:
02/28/07 BRANHAM
Bill Number: H. 3294 (Word version)
Date: REMOVE:
02/28/07 HINSON
The following Bills were taken up, read the third time, and ordered sent to the Senate:
H. 3357 (Word version) -- Rep. Jennings: A BILL TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE MARLBORO COUNTY TRANSPORTATION COMMITTEE.
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.
The following Bill was taken up:
H. 3034 (Word version) -- Reps. Brady, Haskins, Cobb-Hunter, Cotty, Funderburk, Hagood, Stavrinakis, Gullick, Bowers, Whipper, Bales and Neilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-52-690 TO THE SOUTH CAROLINA ENERGY EFFICIENCY ACT SO AS TO REQUIRE THE APPLICATION OF "GREEN BUILDING" OR COMPARABLE STANDARDS TO STANDARDS OR MEASURES OF ENERGY EFFICIENCY AND ENERGY CONSERVATION TO BUILDINGS CONSTRUCTED ON STATE PROPERTY WITH CONSTRUCTION BUDGETS OF MORE THAN FIFTEEN MILLION DOLLARS AND TO PROVIDE EXEMPTIONS OF CERTAIN STATE-FUNDED STRUCTURES.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\AGM\ 18770MM07):
Amend the bill, as and if amended, by striking all after the enacting clause and inserting:
/ SECTION 1. Article 6, Chapter 52 of Title 48 of the 1976 Code is amended by adding:
"Section 48-52-690. (A) As used in this chapter, 'energy efficiency' or 'energy conservation' standards, guidelines, or measures must meet the requirements of this section. Certification of goods or products, development and reporting of consumption plans and goals, evaluation of a guaranteed energy savings contract, or other purpose used in the design and construction of a new building constructed on state property with a construction budget of more than fifteen million dollars must display due diligence for the achievement of:
(1) at least a certified rating as defined by the United States Green Building Council's Leadership in Energy and Environmental Design (LEED) green building rating system including, but not limited to or specifically required, the following;
(a) Under LEED Credit MR 6, one point may be awarded for the use of renewable, bio-based materials for five percent of the total value of all the products used in the project which are either residuals of or products grown or harvested under a recognized sustainable management system including, but not limited to, the Forest Stewardship Council, the Sustainable Forestry Initiative Program, the American Tree Farm System, the Canadian Standards Association, the Organic Trade Association, and the Association for Bamboo in Construction;
(b) Under LEED Credit MR 7, one point may be awarded for the use of renewable, bio-based raw materials certified in accordance with one or more premier certification programs for environmental management, for fifty percent of the total value of all bio-based materials and products used in the project. Certification programs include, but are not limited to, the Forest Stewardship Council, the Sustainable Forestry Initiative, the American Tree Farm System, the Canadian Standards Association, the Organic Trade Association, and the Association for Bamboo in Construction;
(c) The applicable vendor's or manufacturer's certification documentation must be provided; or
(2) at least a comparable rating to the LEED certified rating or at least a one globe rating as defined by the Green Globes green building rating system and is a nationally recognized, consensus-based green building guideline, standard, or system approved by the State Budget and Control Board.
(B) A commissioning agent, which is employed and compensated by the owner of the project, must evaluate a new building constructed on state property with a construction budget of more than fifteen million dollars to ensure compliance with the requirements of subsection (A). For purposes of this section, the architect, engineer, or other designer of the project is responsible for working with the owner of the project and the commissioning agent with respect to compliance with this section.
(C) This section does not apply to:
(1) design and construction of parking garages or outdoor sports facilities. For purposes of this section, 'outdoor sports facilities' means an area designed and equipped for active recreation, athletics, entertainment, or education, or any number of them, including but not limited to, baseball, softball, soccer, football, tennis, track and field, swimming, and equestrian events;
(2) South Carolina State Ports Authority, South Carolina Public Service Authority, South Carolina Research Authority, South Carolina Department of Corrections, and a public entity exempted by the Budget and Control Board;
(3) projects exempted by the Budget and Control Board as the result of evidence that compliance with this section is clearly not in the best interest of the project; or
(4) to projects in design or being constructed on the effective date of this act.
Section 48-52-695. The State Budget and Control Board shall administer and enforce the provisions of this article. The board may adopt rules and promulgate regulations to comply with the goals provided in Section 48-52-690."
SECTION 2. Upon approval by the Governor, this act takes effect on July 1, 2009. /
Renumber sections to conform.
Amend title to conform.
Rep. TALLEY requested debate on the Bill.
Rep. HUGGINS explained the amendment.
Reps. WALKER and KIRSH requested debate on the Bill.
Rep. HUGGINS continued speaking.
Reps. KELLY, LEACH, CRAWFORD, CATO, WHITE, BRADY, HUGGINS, SKELTON, HOSEY, UMPHLETT, HINSON, SCARBOROUGH, SANDIFER, THOMPSON and CLYBURN requested debate on the Bill.
The following Bill was taken up:
H. 3481 (Word version) -- Reps. Cato, G. Brown, Cobb-Hunter, Cooper, Dantzler, Haley, Huggins, Leach, Owens, Skelton, G. M. Smith and Witherspoon: A BILL TO AMEND SECTION 40-10-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHOM THE PROVISIONS OF CHAPTER 10, TITLE 40, REGULATING FIRE SPRINKLER CONTRACTORS, DO NOT APPLY, SO AS TO PROVIDE THAT CHAPTER 10 DOES NOT APPLY TO PERSONS WHO ARE EMPLOYED BY PUBLIC INSTITUTIONS TO REPAIR, ALTER, MAINTAIN, OR INSPECT FIRE SPRINKLER SYSTEMS.
Rep. CATO proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\11331AC07), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 40-10-230(4) of the 1976 Code, as added by Act 177 of 2005, is amended to read:
"(4) persons engaged in emergency repair work of fire sprinkler systems on their own property or that of their full-time employer or persons engaged in the repair, maintenance, testing, or inspection of a fire sprinkler system, water spray system, or water foam system, who are employed by a public institution of the State, as defined in Section 59-103-5, to repair, maintain, test, or inspect fire sprinkler systems, water spray systems, or water foam systems on property owned by the public institution, provided that such work shall be conducted by persons under the direct control or supervision of a person holding certification in NICET Level II, Inspection and Testing of Water Based Systems and provided that the State Fire Marshal may review inspection and maintenance records upon request."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. CATO explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3021 (Word version) -- Reps. Coleman and Anthony: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-3-185 SO AS TO PROVIDE THAT TO THE EXTENT THE BOARD OR THE DEPARTMENT OF NATURAL RESOURCES HAS THE AUTHORITY AND RESPONSIBILITY UNDER LAW TO SET THE OPEN AND CLOSED SEASONS FOR THE TAKING OF FISH OR GAME, THE BAG OR SIZE LIMITS FOR FISH OR GAME TAKEN, OR ANY OTHER CONDITIONS OR LIMITATIONS REGARDING THE TAKING OF FISH OR GAME, THESE SEASONS, LIMITS, OR OTHER CONDITIONS OR LIMITATIONS EXCEPT FOR DOG DRIVING MUST BE THE SAME FOR ALL GAME ZONES WHICH THE BOARD OR DEPARTMENT SETS AND MUST BE CONSISTENT WITH THE PROVISIONS FOR A MAJORITY OF OTHER GAME ZONES WHICH ARE SET BY LAW.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7173SSP07):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 50-11-310 of the 1976 Code, as last amended by Act 289 of 2006, is further amended to read:
"Section 50-11-310. [Text of section effective until July 1, 2007; for text of section effective from and after that date, see infra.]
(A) The open season for taking antlered deer is:
(1) In Game Zone 1: October first through October tenth, with primitive weapons only; October eleventh through October sixteenth, and October thirty-first through January first, with archery equipment and firearms, Sundays excepted;
(2) In Game Zones 2 and 4: September fifteenth through September thirtieth, with archery equipment only; October first through October tenth, with primitive weapons only; October eleventh through January first, with archery equipment and firearms; Sundays excepted;
(3) Game Zones 5 and 7: with bow and arrow September first through January first and with firearms September fifteenth through January first;
(4) Game Zones 8 and 9: August fifteenth to August thirty-first with bow and arrow only and September first through January first with firearms. Antlerless deer may be taken December fifteenth through January first with bow and arrow only;
(5) Game Zone 10: September first through January first with bow and arrow only and with firearms September fifteenth through January first.
(B) Except as provided in subsection (A), the season for taking antlered deer is August fifteenth through January first.
(C) It is unlawful to pursue deer with dogs except during the prescribed season for hunting deer.
(D) In Game Zones 1, 2, and 4 the department may promulgate regulations in accordance with the Administrative Procedures Act to establish the methods for hunting and taking of deer and for other restrictions for hunting and taking deer.
(E) Notwithstanding any other provision of law, it is not unlawful to hunt deer on Sunday on private land in this State during the prescribed season for hunting deer.
[Effective July 1, 2007, this section reads as follows; for text of section effective until that date, see supra.]
(A) Notwithstanding another provision of law, the open season for taking antlered deer is:
(1) In Game Zone 1: October 1 through October 10, with primitive weapons only; October 11 through October 16, and October 31 through January 1, with archery equipment and firearms.
(2) In Game Zone 2: September 15 through September 30, with archery equipment only, October 1 through October 10, with primitive weapons only; October 11 through January 1, with archery equipment and firearms.
(3) In Game Zone 3: August 15 through January 1, with archery equipment and firearms.
(4) In Game Zone 4: September 1 through September 14, with archery equipment and September 15 through January 1, with archery equipment and firearms.
(5) In Game Zone 5: August 15 through August 31, with archery equipment and September 1 through January 1, with archery equipment and firearms.
(6) In Game Zone 6: August 15 through January 1, with archery equipment and firearms.
(B) In Game Zones 1 and 2, and on WMA lands, the department may promulgate regulations, preserving the rights in subsection (A), in accordance with the Administrative Procedures Act to establish the methods for hunting and taking of deer and for other restrictions for hunting and taking deer.
(C) It is unlawful to pursue deer with dogs except during the prescribed season for hunting deer."
SECTION 2. This act takes effect July 1, 2007. /
Renumber sections to conform.
Amend title to conform.
Rep. M. A. PITTS explained the amendment.
Rep. M. A. PITTS spoke in favor of the amendment.
Rep. DUNCAN moved to recommit the Bill to the Committee on Agriculture, Natural Resources and Environmental Affairs, which was agreed to.
The following Bill was taken up:
H. 3490 (Word version) -- Reps. G. M. Smith, E. H. Pitts, Delleney, Harrison, Hart, Lucas, Rutherford, Sandifer, Stavrinakis, Thompson, Weeks, Whitmire and McLeod: A BILL TO AMEND CHAPTER 22, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRETRIAL INTERVENTION PROGRAM BY DESIGNATING THE EXISTING SECTIONS AS ARTICLE 1 AND BY ADDING ARTICLE 5 SO AS TO CREATE THE "ALCOHOL EDUCATION PROGRAM ACT", TO PROVIDE THAT EACH SOLICITOR HAS THE AUTHORITY TO ESTABLISH A PROGRAM FOR PERSONS WHO COMMIT CERTAIN ALCOHOL-RELATED OFFENSES, AND TO PROVIDE PROCEDURES FOR THE OPERATION OF A PROGRAM AND REQUIREMENTS FOR PERSONS DESIRING TO ENTER A PROGRAM.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7172AHB07):
Amend the bill, as and if amended, by deleting Section 17-22-510(D), as contained in SECTION 2, page 2, lines 8 through 10, and inserting:
/ (D) The South Carolina Commission on Prosecution Coordination shall oversee administrative procedures for the alcohol education programs. The commission shall consult with the Department of Alcohol and Other Drug Abuse Services prior to the approval of these administrative procedures. /
Amend the bill further, by deleting Section 17-22-520(C)(10), as contained in SECTION 2, page 3, lines 1 and 2, and inserting:
/ (10) another offense similar in nature and severity to the above-described offenses, as determined by the circuit solicitor. However, the provisions of this item may not be construed to include an offense enumerated in Section 56-5-2930. /
Renumber sections to conform.
Amend title to conform.
Rep. G. M. SMITH explained the amendment.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of the Amendment No. 1, Rep. G. M. SMITH having the floor.
The following Bill was taken up, read the third time, and ordered sent to the Senate:
H. 3267 (Word version) -- Reps. G. M. Smith, Cotty, Delleney, McLeod, Simrill and Weeks: A BILL TO AMEND SECTION 14-5-610, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DIVISION OF THE STATE INTO SIXTEEN JUDICIAL CIRCUITS AND ADDITIONAL AT-LARGE JUDGES, SO AS TO INCREASE THE NUMBER OF AT-LARGE CIRCUIT COURT JUDGES FROM THIRTEEN TO SIXTEEN; TO AMEND SECTION 20-7-1410, AS AMENDED, RELATING TO FAMILY COURT JUDGES ELECTED FROM EACH JUDICIAL CIRCUIT, SO AS TO INCREASE THE NUMBER OF FAMILY COURT JUDGES IN THE FIFTH, SEVENTH, AND SIXTEENTH CIRCUITS BY ONE ADDITIONAL JUDGE.
Rep. G. M. SMITH moved that the House recur to the Morning Hour, which was agreed to.
Rep. HOWARD, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report on:
H. 3406 (Word version) -- Reps. Sellers, Govan and Ott: A BILL TO AMEND SECTION 44-7-3455, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOSPITALS NOT SUBJECT TO THE PROVISIONS OF THE HOSPITAL PATIENT SAFETY ACT, SO AS TO PROVIDE THAT PROVISIONS OF THAT ACT DO NOT APPLY TO SPECIALTY HOSPITALS UNDER CONTRACT WITH THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES.
Ordered for consideration tomorrow.
Rep. HOWARD, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report on:
H. 3452 (Word version) -- Reps. Breeland, Bales, Bannister, Dantzler, Govan, Hosey, Jefferson, Knight, Mack, Miller, J. M. Neal, Rice, F. N. Smith and Williams: A BILL TO AMEND SECTION 25-11-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY VETERANS AFFAIRS OFFICERS, SO AS TO EXTEND THEIR TERMS FROM TWO YEARS TO FOUR YEARS.
Ordered for consideration tomorrow.
Rep. HOWARD, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report on:
H. 3362 (Word version) -- Reps. Parks, Sandifer, Scott, Pinson, Allen, Agnew, Alexander, Cato, Cobb-Hunter, Davenport, Harrison, Hart, Harvin, Howard, Jefferson, Leach, Miller, J. H. Neal, M. A. Pitts, Sellers, F. N. Smith, Taylor, Weeks, Whipper, Whitmire and Mahaffey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-63-72 SO AS TO REQUIRE AN EMBALMER OR FUNERAL DIRECTOR WHO FILES A DEATH CERTIFICATE TO PROVIDE HIS EMBALMER OR FUNERAL HOME DIRECTOR LICENSE NUMBER ON THE DEATH CERTIFICATE; AND TO AMEND SECTION 44-63-70, RELATING TO THE STATE REGISTRAR'S OBLIGATION TO PRESCRIBE DEATH CERTIFICATE FORMS, AMONG OTHER VITAL STATISTICS FORMS, TO COUNTY REGISTRARS AND APPROPRIATE AGENCIES, SO AS TO REQUIRE THE REGISTRAR TO INCLUDE ON DEATH CERTIFICATE FORMS A SPACE WHERE AN EMBALMER OR FUNERAL DIRECTOR MAY PROVIDE HIS LICENSE NUMBER WHEN FILING A DEATH CERTIFICATE.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3025 (Word version) -- Reps. Viers and Mahaffey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 91 TO TITLE 40 SO AS TO PROVIDE FOR REGISTRATION AND OTHER REQUIREMENTS FOR PERSONS ENGAGED IN THE PROFESSION OF PROVIDING IMMIGRATION ASSISTANCE.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3157 (Word version) -- Reps. Huggins, Kirsh, Sandifer, Herbkersman, Cotty and Viers: A BILL TO AMEND SECTION 27-37-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR SERVICE OF RULE ON A TENANT AGAINST WHOM EJECTMENT PROCEEDINGS ARE BROUGHT, SO AS TO PROVIDE A METHOD OF SERVICE BY POSTING IF GROUNDS OF EJECTMENT ARE CIRCUMSTANCES THAT THREATEN LIFE OR SIGNIFICANT PROPERTY DAMAGE; TO AMEND SECTION 27-37-40, RELATING TO TENANT EJECTMENT ON FAILURE TO SHOW CAUSE, SO AS TO REQUIRE MAGISTRATES TO IMMEDIATELY ISSUE A WARRANT FOR EJECTMENT IF GROUNDS FOR EJECTMENT ARE CIRCUMSTANCES THAT THREATEN LIVES OR SIGNIFICANT PROPERTY DAMAGE AND THE TENANT FAILS TO APPEAR AND SHOW CAUSE WITHIN FIVE DAYS OF SERVICE; TO AMEND SECTION 27-40-720, AS AMENDED, RELATING TO TENANT NONCOMPLIANCE AFFECTING HEALTH AND SAFETY, SO AS TO DEFINE FOR THE PURPOSES OF THIS SECTION THE TERM "EMERGENCY" TO INCLUDE CIRCUMSTANCES CONSIDERED TO THREATEN THE LIVES OF RESIDENTS OR EMPLOYEES, OR SIGNIFICANT PROPERTY DAMAGE.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3249 (Word version) -- Reps. Scarborough and Umphlett: A BILL TO AMEND SECTION 1-23-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGENCY PROCEDURES FOR PROMULGATING REGULATIONS, SO AS TO INCLUDE CERTAIN REQUIREMENTS PROVIDED FOR ELSEWHERE IN THE ADMINISTRATIVE PROCEDURES ACT; TO AMEND SECTION 1-23-120, AS AMENDED, RELATING TO GENERAL ASSEMBLY REVIEW OF REGULATIONS, SO AS TO REVISE PROCEDURES GOVERNING THIS REVIEW BY, AMONG OTHER THINGS, REQUIRING AGENCIES TO STRIKE THROUGH TEXT BEING DELETED FROM EXISTING REGULATIONS AND TO UNDERLINE TEXT BEING ADDED, REQUIRING LEGISLATIVE COUNCIL TO PROVIDE NOTICE TO ALL MEMBERS OF THE GENERAL ASSEMBLY WHEN REGULATIONS ARE SUBMITTED FOR REVIEW, DELETING THE PROVISIONS ESTABLISHING AUTOMATIC APPROVAL OF REGULATIONS AFTER ONE HUNDRED TWENTY DAYS AND PROVIDING THAT REGULATIONS MAY ONLY BE EFFECTIVE BY ENACTMENT OF A JOINT RESOLUTION APPROVING THE REGULATION, PROVIDING THAT A REGULATION IS DEEMED WITHDRAWN IF IT HAS NOT BECOME EFFECTIVE BY THE END OF THE TWO-YEAR LEGISLATIVE SESSION DURING WHICH THE REGULATION WAS SUBMITTED FOR REVIEW AND PROVIDING EXPEDITED PROCEDURES FOR SUBMITTING THE SAME REGULATION FOR LEGISLATIVE REVIEW IN THE NEXT SESSION, AND DELETING PROVISIONS REQUIRING AGENCIES TO CONDUCT FORMAL REVIEWS OF THEIR REGULATIONS EVERY FIVE YEARS; TO AMEND SECTION 1-23-125, RELATING TO THE APPROVAL, DISAPPROVAL, AND MODIFICATION OF REGULATIONS, SO AS TO DELETE PROVISIONS PROVIDED FOR ELSEWHERE IN THE ADMINISTRATIVE PROCEDURES ACT, TO DELETE PROVISIONS RELATING TO THE ONE HUNDRED TWENTY-DAY AUTOMATIC APPROVAL PROCEDURES, AND TO AUTHORIZE, RATHER THAN PROHIBIT, AN AGENCY TO WITHDRAW REGULATIONS UNDER GENERAL ASSEMBLY REVIEW ANYTIME AND TO PROVIDE EXPEDITED PROCEDURES FOR RESUBMISSION OF SUCH WITHDRAWN REGULATIONS; AND TO ADD SECTION 1-23-121 SO AS TO PROVIDE THAT AN AGENCY MAY NOT ESTABLISH, MODIFY, OR INCREASE A FEE UNLESS AUTHORIZED BY LAW OR THROUGH REGULATION.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
S. 146 (Word version) -- Senators Malloy, McConnell, Ford, Rankin, Knotts, Cleary, Campsen, Richardson, Hayes, Vaughn, Elliott, Fair, Alexander, Lourie and Setzler: A BILL TO AMEND SECTION 23-1-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TEMPORARY TRANSFER OF LAW ENFORCEMENT OFFICERS, SO AS TO PROVIDE THAT ANY MUNICIPAL OR COUNTY LAW ENFORCEMENT OFFICER MAY BE TRANSFERRED OR ASSIGNED ON A TEMPORARY BASIS TO WORK WITHIN MULTI-JURISDICTIONAL TASK FORCES ESTABLISHED FOR THE MUTUAL AID AND BENEFIT OF THE PARTICIPATING JURISDICTIONS; AND TO AMEND SECTION 23-1-215, RELATING TO AGREEMENTS BETWEEN MULTIPLE LAW ENFORCEMENT JURISDICTIONS FOR THE PURPOSE OF CRIMINAL INVESTIGATIONS, SO AS TO PROVIDE THAT IN THE EVENT OF A CRIME OR CRIMES THAT HAVE OCCURRED WHERE MULTIPLE JURISDICTIONS ARE INVOLVED, LAW ENFORCEMENT OFFICERS ARE AUTHORIZED TO EXERCISE JURISDICTION WITHIN OTHER COUNTIES OR MUNICIPALITIES FOR PURPOSES OF THE CRIMINAL INVESTIGATIONS.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
H. 3355 (Word version) -- Reps. Delleney, Mulvaney, Bedingfield, Shoopman, Leach, W. D. Smith, Gullick, Duncan, Gambrell, Hamilton, Kelly, M. A. Pitts, Rice, Talley, Walker, Haskins and Simrill: A BILL TO AMEND SECTION 44-41-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PREREQUISITES FOR THE PERFORMANCE OF AN ABORTION, INFORMATION TO BE PROVIDED, CERTIFICATION, WAITING PERIOD, SPECIAL PROVISIONS FOR MINORS OR MENTALLY INCOMPETENT PERSONS, RETENTION OF RECORDS, AND UNAVAILABILITY OF RECORDS, SO AS TO PROVIDE THAT THE PHYSICIAN WHO IS TO PERFORM THE ABORTION MUST VERIFY THE PROBABLE GESTATIONAL AGE OF THE EMBRYO OR FETUS BY USING AN OBSTETRIC ULTRASOUND, TO PROVIDE THAT THE IMAGES USED TO VERIFY THE PROBABLE GESTATIONAL AGE MUST BE REVIEWED WITH THE WOMAN SEEKING THE ABORTION, AND TO PROVIDE THAT THE WOMAN SEEKING THE ABORTION MUST CERTIFY IN WRITING BEFORE THE ABORTION IS PERFORMED THAT SHE HAS REVIEWED THE ULTRASOUND IMAGES.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3032 (Word version) -- Reps. Viers and Sandifer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO CREATE A STUDY COMMITTEE TO STUDY APPROPRIATE ENFORCEMENT OF FEDERAL AND STATE LAWS RELATING TO THE PRESENCE OF ILLEGAL ALIENS IN THIS STATE AND TO RECOMMEND LEGISLATIVE CHANGES AS APPROPRIATE.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3149 (Word version) -- Reps. Toole, Umphlett, Kirsh, Littlejohn, Mahaffey, Herbkersman, Cotty and Viers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-5-252 SO AS TO PROVIDE THAT A PERSON MAY NOT RECEIVE FOOD ASSISTANCE PAYMENTS INCLUDING, BUT NOT LIMITED TO, FOOD STAMPS IF THE STATE ADMINISTERS THE ELIGIBILITY PROCESS, UNLESS THE PERSON VERIFIES THAT HE OR SHE IS LAWFULLY PRESENT IN THE STATE, AND TO REQUIRE SUCH A PERSON TO APPLY FOR SUCH BENEFITS THROUGH THE SYSTEMATIC ALIEN VERIFICATION OF ENTITLEMENT PROGRAM, AND TO PROVIDE THAT IT IS UNLAWFUL TO PROVIDE SUCH BENEFITS IN VIOLATION OF THIS ACT.
Ordered for consideration tomorrow.
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 3552 (Word version) -- Rep. Hayes: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 57 IN DILLON COUNTY FROM ITS INTERSECTION WITH UNITED STATES HIGHWAY 9 IN THE TOWN OF LITTLE ROCK TO ITS INTERSECTION WITH SECONDARY HIGHWAY S-17-192 "REPRESENTATIVE JEWELL P. MCLAURIN, JR. HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS HIGHWAY THAT CONTAIN THE WORDS "REPRESENTATIVE JEWELL P. MCLAURIN, JR. HIGHWAY".
Ordered for consideration tomorrow.
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 3518 (Word version) -- Reps. Neilson, Lucas and Vick: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 102 IN CHESTERFIELD COUNTY FROM ITS INTERSECTION WITH THE CHESTERFIELD COUNTY/DARLINGTON COUNTY LINE TO ITS INTERSECTION WITH CHESTERFIELD COUNTY ROAD S1380 "JAMES THOMAS 'TOM' TEAL ROAD" AS A LASTING TRIBUTE TO THE HONORABLE JAMES THOMAS 'TOM' TEAL WHO SERVED AS CHESTERFIELD COUNTY MAGISTRATE FROM 1964 TO 1994, AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "JAMES THOMAS 'TOM' TEAL ROAD".
Ordered for consideration tomorrow.
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 3571 (Word version) -- Reps. Barfield, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, Hosey, Howard, 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, Scott, 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 HOUSE RESOLUTION TO COMMEND TAIWAN ON ITS CONTRIBUTIONS TO THE GLOBAL ECONOMY, SUCH AS THE PROMOTION OF WORLD PEACE, LIBERTY, AND HUMAN RIGHTS, AND TO SUPPORT TAIWAN'S EFFORTS TO JOIN THE UNITED NATIONS, THE WORLD HEALTH ORGANIZATION, AND OTHER INTERNATIONAL ORGANIZATIONS.
Ordered for consideration tomorrow.
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 3596 (Word version) -- Reps. Talley, W. D. Smith, Davenport, F. N. Smith, Duncan, Leach, Bedingfield, Cato, Walker, Taylor, E. H. Pitts, Harrison, Anthony, Bannister, Haskins, Kelly, Littlejohn, Loftis, Mahaffey, Pinson, Shoopman and G. R. Smith: A CONCURRENT RESOLUTION TO RECOGNIZE THE SELFLESSNESS AND BRAVERY OF THE UNITED STATES ARMED FORCES AND TO URGE THE SOUTH CAROLINA GENERAL ASSEMBLY AND ALL SOUTH CAROLINIANS TO SUPPORT OUR TROOPS AND OUR NATION'S LEADERSHIP IN THE WAR ON TERROR.
Ordered for consideration tomorrow.
The following was introduced:
H. 3598 (Word version) -- Rep. Lucas: A HOUSE RESOLUTION TO HONOR THE DARLINGTON COUNTY EXTRICATION TEAM FOR ITS COURAGE AND COMMITMENT TO FURTHERING THE RESPONSE CAPABILITIES OF LOCAL EMERGENCY RESPONDERS, AND TO RECOGNIZE THE TEAM'S MANY ACCOMPLISHMENTS.
The Resolution was adopted.
On motion of Rep. VICK, with unanimous consent, the following was taken up for immediate consideration:
H. 3599 (Word version) -- Rep. Vick: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE CHERAW HIGH SCHOOL MARCHING BAND, DIRECTORS, AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING AND CONGRATULATING THEM ON CAPTURING THE 2006 CLASS AA STATE MARCHING BAND CHAMPIONSHIP TITLE.
Be it resolved by the House of Representatives:
That the privilege of the floor of the South Carolina House of Representatives be extended to the Cheraw High School marching band, directors, and school officials, at a date and time to be determined by the Speaker, for the purpose of recognizing and congratulating them on capturing the 2006 Class AA State Marching Band Championship title.
The Resolution was adopted.
The following was introduced:
H. 3600 (Word version) -- Rep. Mitchell: A CONCURRENT RESOLUTION TO COMMEND AND THANK GLENICE B. PEARSON FOR HER DEDICATED SERVICE TO SOUTH CAROLINA'S NONPROFIT CHARITABLE ORGANIZATIONS AND HER AUTHORSHIP OF THE OFFICIAL STATE MANUAL FOR THESE ORGANIZATIONS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3601 (Word version) -- Reps. Crawford, Leach, Merrill, Bales, Bedingfield, Brantley, Lowe, Neilson, Shoopman and Spires: A BILL TO AMEND SECTION 5-7-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS CONFERRED UPON MUNICIPALITIES, SO AS TO REQUIRE THE CONSENT OF THE SHERIFF OF A COUNTY BEFORE MUNICIPAL POLICE JURISDICTION MAYBE EXTENDED TO UNINCORPORATED AREAS.
Referred to Committee on Judiciary
H. 3602 (Word version) -- Reps. Crawford, Leach, Merrill, Bales, Bedingfield, Brantley, Hodges, Lowe, J. M. Neal, Neilson, Shoopman, Spires and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1065 SO AS TO PROVIDE DEFINITIONS FOR THE TERMS "VEHICLE" AND "FALSE OR SECRET COMPARTMENT", TO PROVIDE THAT IT IS UNLAWFUL TO OPERATE A VEHICLE WITH A FALSE OR SECRET COMPARTMENT, OR INSTALL A FALSE OR SECRET COMPARTMENT IN A VEHICLE, AND TO PROVIDE A PENALTY FOR A VIOLATION OF THIS SECTION.
Referred to Committee on Judiciary
H. 3603 (Word version) -- Rep. E. H. Pitts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-18-325 SO AS TO PROVIDE THAT ANY HIGH SCHOOL STUDENT IN THE ELEVENTH OR TWELFTH GRADE WHO WAS NOT A HIGH SCHOOL STUDENT IN THIS STATE IN ANY PORTION OF THE TENTH GRADE IS NOT REQUIRED TO TAKE THE STATE EXIT EXAMINATION REQUIRED TO BE ADMINISTERED AT THE END OF A STUDENT'S SECOND YEAR IN HIGH SCHOOL IF HE HAS ACCRUED AT LEAST ONE THOUSAND OR MORE ON THE SCHOLASTIC APTITUDE TEST (SAT) OR MADE AN EQUIVALENT SCORE ON THE ACT AS DETERMINED BY THE STATE DEPARTMENT OF EDUCATION.
Referred to Committee on Education and Public Works
H. 3604 (Word version) -- Rep. Ballentine: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-23-435 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PARENT OR GUARDIAN TO INTENTIONALLY, KNOWINGLY, OR RECKLESSLY PERMIT HIS CHILD TO POSSESS A FIREARM WHICH MAY BE USED IN VIOLATION OF THE LAW REGARDING CARRYING FIREARMS ON SCHOOL PROPERTY, TO PROVIDE A PENALTY, AND TO CREATE CIVIL LIABILITY UNDER CERTAIN CIRCUMSTANCES.
Referred to Committee on Judiciary
H. 3605 (Word version) -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 62-1-110 SO AS TO CLARIFY THAT IF AN ATTORNEY-CLIENT RELATIONSHIP EXISTS BETWEEN A LAWYER AND A FIDUCIARY, COMMUNICATIONS BETWEEN THE LAWYER AND THE FIDUCIARY ARE PRIVILEGED UNLESS WAIVED BY THE FIDUCIARY.
Referred to Committee on Judiciary
H. 3606 (Word version) -- Reps. Whipper, Anderson, Alexander, Brantley, Breeland, Harvin, Hodges, Howard, Jefferson, Knight, Mack, Ott, Sellers, Stavrinakis and Vick: A BILL TO AMEND SECTION 7-7-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF VOTING PRECINCTS AND VOTING PLACES ESTABLISHED BY THE GENERAL ASSEMBLY, SO AS TO PROHIBIT THE ESTABLISHMENT OF A POLLING PLACE IN A LOCATION THAT IS GATED, GUARDED, OR WHERE ACCESS IS CONTROLLED BY OTHER THAN A POLLING PLACE MANAGER, AND TO REQUIRE THAT SUBMISSION TO THE UNITED STATES JUSTICE DEPARTMENT MUST CONTAIN A STATEMENT CONCERNING THE ACCESSIBILITY TO THE GENERAL PUBLIC.
Referred to Committee on Judiciary
H. 3607 (Word version) -- Rep. Taylor: A BILL TO AMEND SECTION 20-7-652, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WITHHOLDING OF HEALTH CARE FROM A CHILD FOR RELIGIOUS OR OTHER REASONS, SO AS TO PROVIDE THAT A HEALTH CARE DECISION MADE FOR A CHILD BY THE CHILD'S PARENT OR GUARDIAN DOES NOT CONSTITUTE ABUSE OR NEGLECT UNLESS THE DEPARTMENT PROVES BY A PREPONDERANCE OF THE EVIDENCE THAT THE TREATMENT PURSUED BY THE GUARDIAN OR PARENT IS AN UNREASONABLE OR IMPRUDENT TREATMENT FOR THE CHILD'S HEALTH CONDITION; TO PROVIDE THAT A PARENT OR GUARDIAN MAY OBTAIN A SECOND MEDICAL OPINION CONCERNING WHETHER A HEALTH CARE DECISION THE PARENT OR GUARDIAN MAKES FOR A CHILD IS REASONABLE AND PRUDENT; AND TO MAKE TECHNICAL AND CONFORMING CHANGES THROUGHOUT.
Referred to Committee on Judiciary
H. 3608 (Word version) -- Reps. Witherspoon, Clemmons, Hardwick, Coleman, Barfield, Frye, Davenport, Perry, Anthony, Battle, Branham, Chellis, Crawford, Dantzler, Duncan, Edge, Hamilton, Hayes, Kirsh, Littlejohn, Lowe, Mahaffey, Miller, Moss, Phillips, M. A. Pitts, Sandifer, W. D. Smith, Toole and Umphlett: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-23-300 SO AS TO REQUIRE THE STATE COMMISSION ON FORESTRY TO MANAGE FORESTED LAND OWNED BY A STATE AGENCY; TO REQUIRE THE LAND BE REGISTERED WITH THE COMMISSION IN CERTAIN CIRCUMSTANCES; TO PROVIDE CERTAIN OBLIGATIONS OF THE COMMISSION, STATE AGENCIES, AND THE OFFICE OF THE STATE TREASURER; TO PROVIDE FOR THE USE OF MONEY GENERATED BY THE SALE OF CERTAIN FOREST PRODUCTS BY THE STATE; AND TO PROVIDE FOR THE PROMULGATION OF REGULATIONS BY THE COMMISSION.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 3609 (Word version) -- Reps. Witherspoon and Funderburk: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 53 TO TITLE 46 SO AS TO ENACT THE "SOUTH CAROLINA EQUINE PROMOTION ACT" INCLUDING PROVISIONS TO PROVIDE FOR THE SUPPORT OF THIS PROGRAM BY MEANS OF AN ASSESSMENT ON THE SALE OF COMMERCIAL HORSE FEED, TO PROVIDE FOR THE RATE AND METHOD OF COLLECTION OF THE ASSESSMENT, AND TO PROVIDE FOR THE MANNER IN WHICH THE REVENUE DERIVED FROM THESE ASSESSMENTS MUST BE USED.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. G. M. SMITH having the floor:
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.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7172AHB07), which was adopted:
Amend the bill, as and if amended, by deleting Section 17-22-510(D), as contained in SECTION 2, page 2, lines 8 through 10, and inserting:
/ (D) The South Carolina Commission on Prosecution Coordination shall oversee administrative procedures for the alcohol education programs. The commission shall consult with the Department of Alcohol and Other Drug Abuse Services prior to the approval of these administrative procedures. /
Amend the bill further, by deleting Section 17-22-520(C)(10), as contained in SECTION 2, page 3, lines 1 and 2, and inserting:
/ (10) another offense similar in nature and severity to the above-described offenses, as determined by the circuit solicitor. However, the provisions of this item may not be construed to include an offense enumerated in Section 56-5-2930. /
Renumber sections to conform.
Amend title to conform.
Rep. G. M. SMITH continued speaking.
The amendment was then adopted.
Rep. KIRSH proposed the following Amendment No. 2 (Doc Name COUNCIL\AGM\18772MM07), which was adopted:
Amend the bill, as and if amended, Section 17-22-560 as found in SECTION 2, beginning at page 3, line 40, by deleting the section in its entirety and inserting:
/ Section 17-22-560. (A) Each circuit solicitor shall submit to the Commission on Prosecution Coordination necessary identifying information on each enrollee for the creation and maintenance of a list of enrollees in alcohol education programs. This list is to be used by the commission for the sole purpose of complying with Section 17-22-520(A) and (B). The information maintained by the commission may be released only to a circuit solicitor for the purpose of determining eligibility for an alcohol education program.
(B) Each circuit solicitor shall submit an alcohol education program annual report, by the first day of August, to the Commission on Prosecution Coordination providing the total number of participants by alcohol related offenses, the total number of participants that successfully completed the alcohol education program, and the total amount of fees collected or waived. The Commission on Prosecution Coordination may establish additional guidelines for the annual reports. The annual reports must be made available for public inspection.
(C) Each circuit solicitor shall provide for an independent annual audit of all financial records and transactions of the circuit solicitor's office and may provide for more frequent audits as considered necessary. The audit must be made by a certified public accountant or public accountants or firm of certified public accountants. The report of the audit must be made available for public inspection. A copy of the report of the audit must be submitted to the Commission on Prosecution Coordination and the State Auditor no later than January first each year following the close of the books of the previous fiscal year."/
Renumber sections to conform.
Amend title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3278 (Word version) -- Reps. G. R. Smith, Haskins, Bedingfield, Cato, Hamilton, Harrell, Leach, E. H. Pitts, Shoopman, F. N. Smith and Taylor: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-200 SO AS TO PROVIDE A UNIFORM METHOD OF FILLING VACANCIES IN AN ELECTED OR APPOINTED OFFICE WHEN A PERSON MOVES HIS RESIDENCE OUTSIDE OF THE AREA FROM WHICH HE WAS ELECTED OR APPOINTED.
Rep. VICK proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\3196DW07), which was adopted:
Amend the bill, as and if amended, Section 7-13-200(A), SECTION 1, after /appointed/ on page 1, line 27, by inserting in each place:
/ or holds more than one office in violation of Section 3, Article VI of the Constitution of South Carolina/ .
Amend further, Section 7-13-200(B), (C), (D)(1) and (3), SECTION 1, after /appointed/ on page 1, lines 30, 35, and 40; and on page 2, lines 2 and 13, by inserting in each place:
/ or hold multiple offices in violation of Section 3, Article VI of the Constitution of South Carolina /.
Renumber sections to conform.
Amend title to conform.
Rep. VICK explained the amendment.
The amendment was then adopted.
Rep. CLEMMONS explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3212 (Word version) -- Reps. Delleney, M. A. Pitts, Haley, Crawford, Chellis, G. R. Smith, Owens, Rice, Weeks, Viers, Simrill, Bedingfield, Vick, Duncan and Mulvaney: A BILL TO AMEND SECTION 23-31-215, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF CONCEALABLE WEAPONS PERMITS, SO AS TO PROVIDE THAT VALID OUT-OF-STATE PERMITS TO CARRY CONCEALABLE WEAPONS HELD BY A RESIDENT OF ANOTHER STATE MUST BE HONORED BY THIS STATE AND TO DELETE THE PROVISION THAT THIS STATE WILL ONLY HONOR OUT-OF-STATE PERMITS ISSUED BY A STATE WITH WHICH SOUTH CAROLINA HAS RECIPROCITY.
Rep. TALLEY explained the Bill.
Rep. KIRSH spoke against the Bill.
Reps. SCOTT, HART, GOVAN, HAYES, HOSEY, TALLEY, M. A. PITTS, LUCAS, DELLENEY, KIRSH, CHELLIS, ALEXANDER, BREELAND, VICK, MOSS, FRYE, DUNCAN and AGNEW requested debate on the Bill.
The following Bill was taken up:
S. 408 (Word version) -- Senators Short and Leatherman: A BILL TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JOBS TAX CREDIT, SO AS TO PROVIDE THAT A COUNTY'S DESIGNATION MAY NOT DROP MORE THAN ONE TIER IN THE FOLLOWING YEAR AS A RESULT OF THE ANNUAL RANKING AND DESIGNATION OF COUNTIES BY THE DEPARTMENT OF REVENUE.
Rep. DELLENEY proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\22760MM07), which was adopted:
Amend the bill, as and if amended, SECTION 2, as found on page 3, by deleting SECTION 2 in its entirety and inserting:
/ SECTION 2.A. For tax year 2006 only, due to adjustments to the jobs tax credit classification as a result of legislative changes, a taxpayer has until March 31, 2007, to lock into the county classification as provided in Section 12-6-3360(J).
B. This section takes effect upon approval by the Governor and only for the purpose of locking into the 2006 classification.
SECTION 3. This act takes effect upon approval by the Governor and applies to county designations beginning 2007. /
Renumber sections to conform.
Amend title to conform.
Rep. DELLENEY explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill and Joint Resolution were taken up, read the second time, and ordered to a third reading:
H. 3566 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, OCCUPATIONAL SAFETY AND HEALTH, RELATING TO REPORTING FATALITIES AND MULTIPLE HOSPITALIZATION INCIDENTS TO OSHA, DESIGNATED AS REGULATION DOCUMENT NUMBER 3105, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. JEFFERSON explained the Joint Resolution.
S. 208 (Word version) -- Senator Richardson: A BILL TO AMEND SECTION 7-7-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN BEAUFORT COUNTY, SO AS TO REVIEW AND RENAME CERTAIN VOTING PRECINCTS OF BEAUFORT COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD, AND TO ADD A PROVISION TO AUTHORIZE THE BEAUFORT COUNTY BOARD OF ELECTIONS AND REGISTRATION, WITH THE APPROVAL OF A MAJORITY OF THE BEAUFORT COUNTY LEGISLATIVE DELEGATION, TO DETERMINE THE POLLING PLACES FOR THE PRECINCTS IN BEAUFORT COUNTY.
On motion of Rep. SCARBOROUGH, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works:
H. 3285 (Word version) -- Reps. Scarborough, Limehouse, Harrell and Stavrinakis: A BILL TO AMEND SECTION 59-40-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES OF A CHARTER SCHOOL, SO AS TO PROVIDE THAT A CHARTER SCHOOL CHARTERED BEFORE 2006 MAY HAVE A MEMBER OF THE SCHOOL GOVERNING BODY WHO ALSO RECEIVES PAY AS AN EMPLOYEE OF THE SAME SCHOOL.
On motion of Rep. CATO, with unanimous consent, the following Bill was ordered recalled from the Committee on Labor, Commerce and Industry and was referred to the Committee on Judiciary:
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.
Rep. THOMPSON asked unanimous consent to recall H. 3569 (Word version) from the Committee on Ways and Means.
Rep. LOFTIS objected.
The motion period was dispensed with on motion of Rep. SHOOPMAN.
The following Bill was taken up:
H. 3034 (Word version) -- Reps. Brady, Haskins, Cobb-Hunter, Cotty, Funderburk, Hagood, Stavrinakis, Gullick, Bowers, Whipper, Bales and Neilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-52-690 TO THE SOUTH CAROLINA ENERGY EFFICIENCY ACT SO AS TO REQUIRE THE APPLICATION OF "GREEN BUILDING" OR COMPARABLE STANDARDS TO STANDARDS OR MEASURES OF ENERGY EFFICIENCY AND ENERGY CONSERVATION TO BUILDINGS CONSTRUCTED ON STATE PROPERTY WITH CONSTRUCTION BUDGETS OF MORE THAN FIFTEEN MILLION DOLLARS AND TO PROVIDE EXEMPTIONS OF CERTAIN STATE-FUNDED STRUCTURES.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\AGM\ 18770MM07), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting clause and inserting:
/ SECTION 1. Article 6, Chapter 52 of Title 48 of the 1976 Code is amended by adding:
"Section 48-52-690. (A) As used in this chapter, 'energy efficiency' or 'energy conservation' standards, guidelines, or measures must meet the requirements of this section. Certification of goods or products, development and reporting of consumption plans and goals, evaluation of a guaranteed energy savings contract, or other purpose used in the design and construction of a new building constructed on state property with a construction budget of more than fifteen million dollars must display due diligence for the achievement of:
(1) at least a certified rating as defined by the United States Green Building Council's Leadership in Energy and Environmental Design (LEED) green building rating system including, but not limited to or specifically required, the following;
(a) Under LEED Credit MR 6, one point may be awarded for the use of renewable, bio-based materials for five percent of the total value of all the products used in the project which are either residuals of or products grown or harvested under a recognized sustainable management system including, but not limited to, the Forest Stewardship Council, the Sustainable Forestry Initiative Program, the American Tree Farm System, the Canadian Standards Association, the Organic Trade Association, and the Association for Bamboo in Construction;
(b) Under LEED Credit MR 7, one point may be awarded for the use of renewable, bio-based raw materials certified in accordance with one or more premier certification programs for environmental management, for fifty percent of the total value of all bio-based materials and products used in the project. Certification programs include, but are not limited to, the Forest Stewardship Council, the Sustainable Forestry Initiative, the American Tree Farm System, the Canadian Standards Association, the Organic Trade Association, and the Association for Bamboo in Construction;
(c) The applicable vendor's or manufacturer's certification documentation must be provided; or
(2) at least a comparable rating to the LEED certified rating or at least a one globe rating as defined by the Green Globes green building rating system and is a nationally recognized, consensus-based green building guideline, standard, or system approved by the State Budget and Control Board.
(B) A commissioning agent, which is employed and compensated by the owner of the project, must evaluate a new building constructed on state property with a construction budget of more than fifteen million dollars to ensure compliance with the requirements of subsection (A). For purposes of this section, the architect, engineer, or other designer of the project is responsible for working with the owner of the project and the commissioning agent with respect to compliance with this section.
(C) This section does not apply to:
(1) design and construction of parking garages or outdoor sports facilities. For purposes of this section, 'outdoor sports facilities' means an area designed and equipped for active recreation, athletics, entertainment, or education, or any number of them, including but not limited to, baseball, softball, soccer, football, tennis, track and field, swimming, and equestrian events;
(2) South Carolina State Ports Authority, South Carolina Public Service Authority, South Carolina Research Authority, South Carolina Department of Corrections, and a public entity exempted by the Budget and Control Board;
(3) projects exempted by the Budget and Control Board as the result of evidence that compliance with this section is clearly not in the best interest of the project; or
(4) to projects in design or being constructed on the effective date of this act.
Section 48-52-695. The State Budget and Control Board shall administer and enforce the provisions of this article. The board may adopt rules and promulgate regulations to comply with the goals provided in Section 48-52-690."
SECTION 2. Upon approval by the Governor, this act takes effect on July 1, 2009. /
Renumber sections to conform.
Amend title to conform.
The amendment was then adopted.
Rep. CATO moved to adjourn debate on the Bill until Thursday, March 1, which was agreed to.
The following Bill was taken up:
H. 3212 (Word version) -- Reps. Delleney, M. A. Pitts, Haley, Crawford, Chellis, G. R. Smith, Owens, Rice, Weeks, Viers, Simrill, Bedingfield, Vick, Duncan and Mulvaney: A BILL TO AMEND SECTION 23-31-215, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF CONCEALABLE WEAPONS PERMITS, SO AS TO PROVIDE THAT VALID OUT-OF-STATE PERMITS TO CARRY CONCEALABLE WEAPONS HELD BY A RESIDENT OF ANOTHER STATE MUST BE HONORED BY THIS STATE AND TO DELETE THE PROVISION THAT THIS STATE WILL ONLY HONOR OUT-OF-STATE PERMITS ISSUED BY A STATE WITH WHICH SOUTH CAROLINA HAS RECIPROCITY.
Rep. HAYES moved to recommit the Bill to the Committee on Judiciary, which was agreed to.
Rep. MERRILL moved to reconsider the vote whereby H. 3212 (Word version) was recommitted to the Committee on Judiciary and the motion was noted.
Rep. SELLERS moved that the House do now adjourn, which was agreed to.
At 11:35 a.m. the House, in accordance with the motion of Rep. CLYBURN, adjourned in memory of Reverend Alfred Holmes of Aiken, to meet at 10:00 a.m. tomorrow.
This web page was last updated on Monday, June 22, 2009 at 1:38 P.M.