Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 noon.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:
Our thought for today is from Proverbs 16:20: "Whoever gives heed to instruction prospers, and blessed is he who trusts in the Lord."
Let us pray. Dear Heavenly Father, give us this day all we need to do the work of the people. Send us Your spirit to work together in cooperation to accomplish great things. Guide us in making decisions and give us courage to carry the burden of responsibility in the duties assigned us. Bless each of these Representatives, staff and all others who serve. Look in favor upon our Nation, President, State, Governor, and Speaker. 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 Friday, the SPEAKER ordered it confirmed.
Rep. STEWART moved that when the House adjourns, it adjourn in memory of Broadus L. Seigler of Aiken, which was agreed to.
On motion of Rep. LEACH, with unanimous consent, the following was taken up for immediate consideration and accepted:
March 6, 2007
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the SC Chamber of Commerce, the SC Coalition for Small Business and Entrepreneurship and the US Small Business Administration, the Members of the House of Representatives are invited to a luncheon. This event will be held on Wednesday, April 11, 2007, at 1:00 p.m. at the Columbia Convention Center.
Sincerely,
Donna R. Croom
The following were received and referred to the appropriate committees for consideration:
Document No. 3119
Agency: Department of Labor, Licensing and Regulation, Real Estate Appraisers Board
Statutory Authority: 1976 Code Sections 40-60-60 and 40-60-90
Education Requirements
Received by Speaker of the House of Representatives
March 6, 2007
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration February 3, 2008
Document No. 3118
Agency: Department of Labor, Licensing and Regulation, Board of Dentistry
Statutory Authority: 1976 Code Sections 40-1-40, 40-15-40, and 40-15-172
Mobile Dental Facilities and Portable Dental Operations
Received by Speaker of the House of Representatives
March 6, 2007
Referred to Medical, Military, Public and Municipal Affairs Committee
Legislative Review Expiration February 3, 2008
Rep. WALKER, from the Committee on Education and Public Works, submitted a favorable report with amendments on:
H. 3131 (Word version) -- Reps. Harrell and Umphlett: A BILL TO AMEND ARTICLE 22, CHAPTER 3, TITLE 56, RELATING TO THE ISSUANCE OF SPECIAL MOTOR VEHICLE LICENSE PLATES TO CERTAIN CURRENT AND RETIRED ELECTED OFFICIALS, SO AS TO PROVIDE FOR THE ISSUANCE OF SPECIAL LICENSE PLATES TO RETIRED MEMBERS OF THE UNITED STATES CONGRESS, AND TO MAKE TECHNICAL CHANGES.
Ordered for consideration tomorrow.
Rep. WALKER, from the Committee on Education and Public Works, submitted a favorable report with amendments on:
H. 3162 (Word version) -- Reps. Walker, Cotty, Bales, Govan and Scott: A BILL TO AMEND SECTION 59-26-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE STATE BOARD OF EDUCATION AND THE COMMISSION ON HIGHER EDUCATION, SO AS TO ESTABLISH THE SOUTH CAROLINA TEACHER LOAN PROGRAM POLICY BOARD OF GOVERNANCE AND PROVIDE FOR ITS MEMBERSHIP AND DUTIES.
Ordered for consideration tomorrow.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 3620 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 2007; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THE FISCAL YEAR; TO AMEND SECTION 12-6-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RATES AND INCOME BRACKETS APPLICABLE FOR INDIVIDUALS, ESTATES, AND TRUSTS FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO REDUCE THE TOP MARGINAL TAX RATE FROM SEVEN PERCENT TO 6.83 PERCENT AND TO UPDATE THE BRACKETS TO REFLECT PAST INFLATION ADJUSTMENTS; TO RETITLE ARTICLE 5, CHAPTER 11, TITLE 1, RELATING TO EMPLOYEES AND RETIREMENT INSURANCE AS "EMPLOYEES AND RETIREES INSURANCE-ACCOUNTING FOR POST-EMPLOYMENT BENEFITS", TO MAKE FINDINGS WITH RESPECT TO THE STATE'S COMPLIANCE WITH NEW REQUIREMENTS OF THE GOVERNMENTAL ACCOUNTING STANDARDS BOARD FOR POST-EMPLOYMENT BENEFITS; BY ADDING SECTIONS 1-11-703, 1-11-705, AND 1-11-707 SO AS TO ESTABLISH THE SOUTH CAROLINA RETIREE HEALTH INSURANCE TRUST FUND (SCRHI TRUST FUND) AND THE SOUTH CAROLINA LONG TERM DISABILITY INSURANCE TRUST FUND AS THE METHOD OF PAYING AND ACCOUNTING FOR RETIREE HEALTH INSURANCE PREMIUMS AND BASIC LONG TERM DISABILITY INCOME BENEFIT PLAN PREMIUMS IN COMPLIANCE WITH NEW ACCOUNTING STANDARDS, TO PROVIDE FOR THE ACTUARIAL FUNDING AND INVESTMENT OF THE ASSETS OF THESE TRUST FUNDS, AND TO PROVIDE DEFINITIONS; TO AMEND SECTION 1-11-710, RELATING TO THE STATE HEALTH AND DENTAL PLANS, SO AS TO PROVIDE FUNDING FOR THE SCRHI TRUST FUND BY MEANS OF INCREASED EMPLOYER CONTRIBUTION RATES; AND TO AMEND SECTION 1-11-730, RELATING TO PERSONS ELIGIBLE FOR POST-EMPLOYMENT PARTICIPATION IN THE STATE HEALTH AND DENTAL PLANS AND ELIGIBILITY FOR EMPLOYER PAID PREMIUMS FOR RETIREES, SO AS TO CONFORM THE PAYMENT OF EMPLOYER PREMIUMS FOR RETIREES TO THE REVISED METHOD PROVIDED IN THIS ACT, PROSPECTIVELY TO REVISE THE ELIGIBILITY REQUIREMENTS FOR EMPLOYER PAID PREMIUMS FOR RETIREES; AND TO DELETE AN OBSOLETE PROVISION; AND BY ADDING SECTION 11-43-165 SO AS TO PROVIDE THAT THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK ANNUALLY SHALL SET ASIDE FIVE MILLION DOLLARS FOR THE USE OF THE DEPARTMENT OF TRANSPORTATION FOR THE INTERSTATE 73 AND INTERSTATE 74 PROJECTS.
Without Reference
H. 3621 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2006-2007.
Without Reference
H. 3633 (Word version) -- Reps. Edge, Merrill and Coleman: A JOINT RESOLUTION TO EXTEND UNTIL MARCH 30, 2007, THE TIME IN WHICH THE EMINENT DOMAIN STUDY COMMITTEE, ESTABLISHED TO FORMULATE RECOMMENDATIONS CONCERNING THE CONDEMNATION AUTHORITY OF ALL ENTITIES THAT POSSESS THE POWER OF EMINENT DOMAIN IN SOUTH CAROLINA, THE EFFECT OF GOVERNMENTAL POLICY ON THE VALUE AND OWNERSHIP OF PRIVATE PROPERTY, AND THE NEED FOR REVISION OF CURRENT SLUM CLEARANCE AND REDEVELOPMENT USES OF EMINENT DOMAIN IN SOUTH CAROLINA, HAS TO PRESENT ITS REPORT AND RECOMMENDATIONS TO THE CHAIRMAN OF THE SENATE JUDICIARY COMMITTEE, THE CHAIRMAN OF THE HOUSE JUDICIARY COMMITTEE, AND THE GOVERNOR.
Referred to Committee on Judiciary
H. 3634 (Word version) -- Rep. Gullick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT "KELLI'S LAW", BY ADDING SECTION 23-6-115 SO AS TO PROVIDE THAT EACH HIGHWAY PATROL VEHICLE MUST BE EQUIPPED WITH A FIELD BREATHALYZER DEVICE THAT MUST BE ADMINISTERED ON A PERSON SUSPECTED OF DRIVING UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR ANOTHER SUBSTANCE.
Referred to Committee on Judiciary
H. 3635 (Word version) -- Rep. F. N. Smith: A BILL TO AMEND SECTIONS 62-5-102, AS AMENDED, 62-5-201, 62-5-401, 62-5-402, AS AMENDED, 62-5-410, AS AMENDED, 62-5-411, AS AMENDED, 62-5-413, 62-5-419, 62-5-422, 62-5-426, 62-5-430, AND 62-5-433, AS AMENDED, ALL RELATING TO JURISDICTION OVER AND PROCEEDINGS IN CONNECTION WITH PERSONS IN NEED OF PROTECTION BECAUSE OF MINORITY OR SOME OTHER INCAPACITY, SO AS TO GIVE THE FAMILY COURT CONCURRENT JURISDICTION WITH THE PROBATE COURT OVER PROTECTIVE PROCEEDINGS INVOLVING MINORS AND PROTECTIVE PROCEEDINGS INVOLVING PERSONS WITH OTHER INCAPACITIES IF THE INCAPACITATED PERSON IS ALREADY BEFORE THE FAMILY COURT IN A PENDING MATTER AND TO ALLOW A PARENT OR GRANDPARENT TO SERVE AS A CONSERVATOR WITHOUT BOND; AND TO AMEND SECTION 20-7-420, AS AMENDED, RELATING TO JURISDICTION OF THE FAMILY COURT, SO AS TO PROVIDE FOR ITS CONCURRENT JURISDICTION WITH THE PROBATE COURT OVER PROTECTIVE PROCEEDINGS INVOLVING MINORS AND PROTECTIVE PROCEEDINGS INVOLVING PERSONS WITH OTHER INCAPACITIES IF THE INCAPACITATED PERSON IS ALREADY BEFORE THE FAMILY COURT IN A PENDING MATTER.
Referred to Committee on Judiciary
H. 3639 (Word version) -- Rep. Skelton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-95-70 SO AS TO PROVIDE THAT A COUNTY OR MUNICIPALITY BY ORDINANCE MAY PROHIBIT SMOKING IN DESIGNATED LOCATIONS WITHIN ITS JURISDICTION AND TO PROVIDE FOR THE PENALTIES WHICH APPLY FOR VIOLATION.
Referred to Committee on Judiciary
H. 3642 (Word version) -- Rep. Herbkersman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-3-370 SO AS TO PROVIDE THAT WHEN A MUNICIPALITY ANNEXES PROPERTY IN A COUNTY THAT HAS A LAND USE OR ZONING POLICY, PLAN, REGULATION, OR ORDINANCE AND THE MUNICIPALITY DENSITY ALLOWANCE OR REGULATIONS ALLOW FOR A GREATER DENSITY THAN THE COUNTY ALLOWS, THEN THE COUNTY DENSITY REQUIREMENT MUST REMAIN IN EFFECT FOR FIVE YEARS AFTER THE ANNEXATION.
Referred to Committee on Judiciary
H. 3643 (Word version) -- Rep. Vick: A BILL TO AMEND SECTION 56-3-8100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRODUCTION AND DISTRIBUTION OF SPECIAL LICENSE PLATES BY THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE THAT THE DEPARTMENT SHALL PRODUCE AND DISTRIBUTE THE KOREAN WAR VETERANS SPECIAL LICENSE PLATE WITHOUT FIRST RECEIVING PREPAID APPLICATIONS FOR THE LICENSE PLATE OR A FOUR THOUSAND DOLLAR FEE, AND A PLAN TO MARKET THE LICENSE PLATE.
Referred to Committee on Education and Public Works
S. 141 (Word version) -- Senators Knotts, Malloy, McConnell, Ford, Rankin, Cleary, Campsen, Setzler, Sheheen, Richardson, Vaughn, McGill, Elliott, Fair, Alexander and Lourie: A BILL TO AMEND SECTIONS 14-7-1610 AND 14-7-1630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL ASSEMBLY'S INTENT TO ENHANCE THE GRAND JURY SYSTEM AND THE JURISDICTION OF THE STATE GRAND JURY, SO AS TO ADD CRIMINAL GANG ACTIVITY OR A PATTERN OF CRIMINAL GANG ACTIVITY TO THE STATE GRAND JURY'S JURISDICTION; AND TO DESIGNATE THE EXISTING SECTIONS OF CHAPTER 8, TITLE 16, RELATING TO OFFENSES THAT PROMOTE CIVIL DISORDER, AS ARTICLE 1, AND BY ADDING ARTICLE 3, SO AS TO ENACT THE "CRIMINAL GANG PREVENTION ACT", TO DEFINE CERTAIN TERMS, TO PROVIDE IT IS UNLAWFUL FOR A CRIMINAL GANG MEMBER TO USE OR THREATEN TO USE PHYSICAL VIOLENCE AGAINST ANOTHER PERSON WITH THE INTENT TO COERCE, INDUCE, OR SOLICIT ANOTHER PERSON TO ACTIVELY PARTICIPATE IN CRIMINAL GANG ACTIVITY OR TO PREVENT A PERSON FROM LEAVING A CRIMINAL GANG AND TO PROVIDE PENALTIES, TO PROVIDE AN ADDITIONAL PENALTY FOR COMMITTING THIS OFFENSE WITH A FIREARM OR DEADLY WEAPON, TO PROVIDE AN ADDITIONAL PENALTY IF THE PERSON THREATENED IS UNDER THE AGE OF EIGHTEEN, TO PROVIDE THE PERSON THREATENED HAS A CIVIL CAUSE OF ACTION AGAINST A CRIMINAL GANG OR CRIMINAL GANG MEMBER, TO PROVIDE IT IS UNLAWFUL FOR A CRIMINAL GANG MEMBER BY THREAT OR FORCE TO PREVENT OR ATTEMPT TO PREVENT A WITNESS OR VICTIM FROM ATTENDING OR GIVING TESTIMONY AT A TRIAL THAT CONCERNS OR RELATES TO CRIMINAL ACTIVITY AND TO PROVIDE A PENALTY, TO PROVIDE THAT A PERSON THREATENED PURSUANT TO THIS SECTION HAS A CIVIL CAUSE OF ACTION AGAINST A CRIMINAL GANG OR GANG MEMBER, TO PROVIDE A PROCEDURE FOR BRINGING THIS CIVIL CAUSE OF ACTION, TO PROVIDE FOR PROTECTION OF THE IDENTITY OF AN INFORMANT, TO PROVIDE FOR THE SEIZURE OF ANY FIREARM, AMMUNITION, OR DANGEROUS WEAPON, WRITTEN OR ELECTRONIC COMMUNICATIONS, RECORDS, MONEY, NEGOTIABLE INSTRUMENTS, OR VALUABLES IF THE LAW ENFORCEMENT OFFICER REASONABLY BELIEVES IT IS OR WILL BE USED IN A PATTERN OF CRIMINAL GANG ACTIVITY OR FOR FURTHERANCE OF THE BENEFITS OF A CRIMINAL GANG, TO PROVIDE A PROCEDURE FOR SEIZURE OF FIREARMS, AMMUNITION, OR DANGEROUS WEAPONS, WRITTEN OR ELECTRONIC COMMUNICATIONS, RECORDS, MONEY, NEGOTIABLE INSTRUMENTS, OR OTHER VALUABLES, TO PROVIDE FOR NOTIFICATION OF THE SHERIFF AND CHIEF OF POLICE WHEN A CRIMINAL GANG MEMBER IS RELEASED FROM JAIL, PRISON, OR A CORRECTIONS FACILITY, TO PROVIDE AN EXCEPTION FOR EMPLOYEES LAWFULLY ENGAGED IN COLLECTIVE BARGAINING ACTIVITIES OR THE LAWFUL ACTIVITIES OF LABOR ORGANIZATIONS, TO PROVIDE THE GOVERNING BODY OF A COUNTY, MUNICIPALITY, OR ANOTHER POLITICAL SUBDIVISION OF THE STATE MAY ADOPT AND ENFORCE ORDINANCES CONSISTENT WITH THIS ARTICLE, TO REQUIRE THE STATE LAW ENFORCEMENT DIVISION TO INCLUDE THE VIOLENT GANG TERRORIST ORGANIZATION FILE AMONG THE NATIONAL CRIME INFORMATION CENTER DATA AVAILABLE FOR DIRECT ACCESS BY CRIMINAL JUSTICE AGENCIES, TO REQUIRE STATE, COUNTY, AND MUNICIPAL LAW ENFORCEMENT AGENCIES TO MAINTAIN A RECORD OF ALL PERSONS WHO ARE FOUND TO BE CRIMINAL GANG MEMBERS IN THE VIOLENT GANG AND TERRORIST ORGANIZATION FILE, AND TO AUTHORIZE THE STATE LAW ENFORCEMENT DIVISION TO DEVELOP AND MAINTAIN A STATEWIDE CRIMINAL GANG DATABASE.
Referred to Committee on Judiciary
S. 451 (Word version) -- Senators Courson, Setzler, Leatherman and Alexander: A BILL TO AMEND SECTION 59-119-940 OF THE 1976 CODE, RELATING TO LIMITS ON CLEMSON UNIVERSITY ATHLETIC FACILITIES REVENUE BONDS, TO INCREASE THE OUTSTANDING DEBT LIMIT ASSOCIATED WITH THE BONDS FROM SIXTY MILLION DOLLARS TO TWO HUNDRED MILLION DOLLARS; AND TO AMEND ACT 518 OF 1980, AS AMENDED, TO INCREASE THE OUTSTANDING DEBT LIMIT ASSOCIATED WITH UNIVERSITY OF SOUTH CAROLINA ATHLETIC FACILITIES REVENUE BONDS FROM SIXTY MILLION DOLLARS TO TWO HUNDRED MILLION DOLLARS.
Referred to Committee on Ways and Means
The following was introduced:
H. 3636 (Word version) -- Rep. R. Brown: A HOUSE RESOLUTION TO HONOR AND RECOGNIZE THE REVEREND CHARLES LEE WHITE, JR., FOR HIS MANY YEARS OF OUTSTANDING SERVICE AS A CIVIL RIGHTS LEADER, MENTOR TO YOUTH, AND MINISTER OF GOD.
The Resolution was adopted.
The following was introduced:
H. 3637 (Word version) -- Reps. G. R. Smith, Bedingfield and Taylor: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND THE HILLCREST HIGH SCHOOL WRESTLING TEAM FOR ITS OUTSTANDING SEASON AND FOR CAPTURING THE 2007 CLASS AAAA TRADITIONAL STATE CHAMPIONSHIP TITLE, AND TO HONOR THE TEAM'S EXCEPTIONAL PLAYERS, COACH, AND STAFF.
The Resolution was adopted.
On motion of Rep. G. R. SMITH, with unanimous consent, the following was taken up for immediate consideration:
H. 3638 (Word version) -- Reps. G. R. Smith, Bedingfield and Taylor: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE HILLCREST HIGH SCHOOL WRESTLING TEAM, COACH, AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING AND COMMENDING THEM ON THEIR OUTSTANDING SEASON AND FOR CAPTURING THE 2007 CLASS AAAA TRADITIONAL STATE 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 Hillcrest High School wrestling team, coach, and school officials, at a date and time to be determined by the Speaker, for the purpose of recognizing and commending them on their outstanding season and for capturing the 2007 Class AAAA Traditional State Championship title.
The Resolution was adopted.
The following was introduced:
H. 3640 (Word version) -- Reps. Thompson, 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, 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, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A HOUSE RESOLUTION TO RECOGNIZE SERGEANT JOSEPH CHASE STEWART OF THE FIRST ARMORED DIVISION FOR HIS EXCEPTIONAL SERVICE AND COURAGE WHILE SERVING IN THE MIDDLE EAST, AND TO HONOR HIM FOR RECEIVING THE ARMY COMMENDATION MEDAL WITH VALOR.
The Resolution was adopted.
The following was introduced:
H. 3641 (Word version) -- Reps. Cooper, 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, 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 RECOGNIZE AND HONOR RAYMOND A. JENNINGS, HEAD FOOTBALL COACH AT RIDGE VIEW HIGH SCHOOL, ON BEING NAMED 2006 AAAA LOWER STATE COACH OF THE YEAR BY THE SOUTH CAROLINA FOOTBALL COACHES ASSOCIATION.
The Resolution was adopted.
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 Chalk Chellis Clemmons Clyburn Cobb-Hunter Coleman Cooper Cotty Crawford Dantzler Delleney Duncan Edge Frye Funderburk Gambrell Govan Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Hart Harvin Hayes Herbkersman Hinson Hiott Hodges Hosey Howard Huggins Jefferson Kelly Kennedy Kirsh Knight Leach Limehouse Littlejohn Loftis Lowe Lucas McLeod Merrill Miller Mitchell Moss Mulvaney J. H. Neal Neilson Ott Owens Parks Perry Phillips E. H. Pitts Rice Rutherford Sandifer Scarborough Scott Sellers Shoopman Simrill Skelton D. C. Smith F. N. Smith G. M. Smith G. R. Smith J. R. 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 Tuesday, March 6.
Douglas Jennings William Bowers David Mack Catherine Ceips Gloria Haskins Lewis E. Pinson Thad Viers Jackson "Seth" Whipper
The SPEAKER granted Rep. MOODY-LAWRENCE a leave of absence for the week due to illness.
The SPEAKER granted Rep. M. A. PITTS a leave of absence due to medical reasons.
Announcement was made that Dr. Conyers O'Bryan of Florence was the Doctor of the Day for the General Assembly.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 3136 (Word version)
Date: ADD:
03/06/07 CLEMMONS
Bill Number: H. 3157 (Word version)
Date: ADD:
03/06/07 BEDINGFIELD
Bill Number: H. 3355 (Word version)
Date: ADD:
03/06/07 VIERS
Bill Number: H. 3505 (Word version)
Date: ADD:
03/06/07 VIERS
Bill Number: H. 3543 (Word version)
Date: ADD:
03/06/07 MULVANEY
Bill Number: H. 3615 (Word version)
Date: ADD:
03/06/07 LOFTIS
The following Bill was taken up, read the second time, and ordered to a third reading:
H. 3613 (Word version) -- Rep. Taylor: A BILL TO AMEND ACT 779 OF 1988, RELATING TO THE BOARDS OF TRUSTEES OF LAURENS COUNTY SCHOOL DISTRICTS 55 AND 56, SO AS TO PROVIDE THAT PERSONS DESIRING TO BECOME CANDIDATES FOR ELECTION TO THE BOARDS SHALL FILE A STATEMENT OF CANDIDACY RATHER THAN A PETITION, TO REVISE THE DATE BY WHICH THE STATEMENTS OF CANDIDACY MUST BE FILED, AND TO PROVIDE THAT IF A CANDIDATE IS UNOPPOSED, HE IS DEEMED ELECTED UNDER SPECIFIED CONDITIONS AND PROCEDURES.
Rep. RICE moved to adjourn debate upon the following Bill until Thursday, March 29, which was adopted:
H. 3507 (Word version) -- Reps. Rice, Allen, Cato, Hamilton, Leach, Loftis and J. R. Smith: A BILL TO AMEND ACT 745 OF 1967, AS AMENDED, RELATING TO THE GREATER GREENVILLE SEWER DISTRICT (CURRENTLY WESTERN CAROLINA SEWER AUTHORITY), SO AS TO INCREASE THE MEMBERSHIP OF THE AUTHORITY BY ADDING THE CHAIRMEN OF CERTAIN ENTITIES SERVICED BY THE AUTHORITY AS EX OFFICIO VOTING MEMBERS.
The following Bill was taken up:
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.
Rep. BREELAND explained the Bill.
Reps. SIMRILL, KIRSH, CRAWFORD, GULLICK, LEACH, HINSON, COTTY, OWENS and FRYE requested debate on the Bill.
Rep. SANDIFER moved to adjourn debate upon the following Bill until Wednesday, March 7, which was adopted:
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.
The following Bill was taken up:
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.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\22766MM07), which was adopted:
Amend the bill, as and if amended, Section 40-91-40(D) as found in SECTION 1, page 3, line 29, by deleting subsection (D) in its entirety and inserting:
/ (D)(1) A person performing the services described in this chapter shall obtain a business license from the office of the Secretary of State and as may be required by a local governing authority.
(2) The initial application for license made to the Secretary of State must be accompanied by an application fee of two hundred dollars, a license fee of one hundred dollars, and verification of a surety bond of five thousand dollars.
(3) The secretary shall issue the initial license thirty days following receipt of the application unless there is reason to believe, on the basis of a complaint and investigation, that the applicant is not in compliance with this chapter. The application for a license must be denied and the license fee refunded if the secretary determines that the applicant is not in compliance. The application fee must not be refunded.
(4) The licensee is responsible for renewing the license during the first January after the initial application, at which time licenses are issued for two years beginning January first through December thirtieth. Licenses must be renewed biennially.
(5) For subsequent renewals, the secretary shall mail annual license renewal forms to the last known address of each licensee by November first. If license renewal forms are not received by a licensee for any reason, the licensee shall request a license renewal form from the secretary's office. Every licensee shall file a biennial license renewal in a form and manner suitable to the secretary, postmarked not later than the last day of December. The renewal form must be accompanied by a renewal fee of one hundred dollars. If a license renewal form is not received by the secretary's office the first week of January, the secretary shall notify the licensee in writing that the licensee shall pay a late penalty of one hundred dollars and that the licensee has thirty days from the date of notice to comply with licensing requirements. If compliance is not met within the specified time, the secretary shall deny license renewal, return the license fee, and notify the business to cease operation.
(6) If a written complaint by a person to the secretary reveals that a licensee or firm is not in compliance with this chapter, the secretary shall notify the licensee of the alleged violation in writing and allow thirty days from the date of notice for response to and compliance with this chapter. If a response is not received within thirty days, the secretary shall investigate the alleged violation and, if the licensee or firm is found to be in violation of this chapter, shall deny or revoke the license.
(7) The aggregate liability of the surety for all breaches of the bond may not exceed the sum of the bond. The surety on the bond may cancel the bond upon giving thirty days' written notice to the secretary for a breach of condition occurring after the effective date of the cancellation. Failure to maintain a surety bond in force with the secretary constitutes disqualification for retaining a license. The secretary shall allow ten working days after notification to the licensee for requalification before revoking the license. The business may not operate until proof of surety bond is established with the secretary.
(8) All claims or suits brought against a licensee may be brought in the name of the person damaged upon the bond deposited with the secretary and may be transferred and assigned as other claims for damages in civil suits. The amount of damages claimed by the plaintiff, and not the penalty designated in the bond, determines the jurisdiction of the court in which the action is brought. If a licensee has left the State with intent to defraud his creditors or to avoid the service of a summons in an action brought pursuant to this chapter, service must be made upon the surety. A copy of the summons must be mailed to the last known post office address of the residence of the licensee as shown by the records of the secretary.
(9) If a licensee relocates his offices before filing the annual renewal notice, he shall submit a written notice of the change of address to the secretary, containing a notarized statement that the new location conforms to licensing requirements.
(10) If a licensee ceases to operate or goes out of business, he shall notify the secretary in writing of the action and return the license to the secretary.
Amend the bill further, as and if amended, Section 40-91-40, as found in SECTION 1, by inserting a new subsection after line 26 on page 4, to read:
/ (I) A violation of this chapter is per se a violation of the South Carolina Unfair Trade Practices Act as contained in Chapter 5 of Title 39. /
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 was taken up:
H. 3157 (Word version) -- Reps. Huggins, Kirsh, Sandifer, Herbkersman, Cotty, Viers, Clemmons, Weeks and Bedingfield: 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.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7190AB07), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 37, Title 27 of the 1976 Code is amended by adding:
"Section 27-37-5. As used in this chapter:
(1) 'Malicious property damage' means to wilfully and deliberately cause physical damage to rental property through a violation of Section 27-40-510. The landlord shall bear the burden of proof that the tenant had the intent to cause the property damage.
(2) 'Threat to human life' means a verbal, written, or physical threat by the tenant or a member of the tenant's household of physical bodily harm to the landlord, an employee of the landlord, or another tenant of the landlord."
SECTION 2. Section 27-37-30 of the 1976 Code, as last amended by Act 409 of 2000, is further amended to read:
"(A) The copy of the rule provided for in Section 27-37-20 may be served in the same manner as is provided by law for the service of the summons in actions pending in the court of common pleas or magistrates courts of this State. The methods of service described in subsections (B) and, (C), and (D) may be used as alternatives to the method of service described in this subsection.
(B) When no person can be found in possession of the premises, and the premises have remained abandoned, as defined in Section 27-40-730 for residential rental agreements and in Section 27-35-150 for nonresidential rental agreements, for a period of fifteen days or more immediately before the date of service, the copy of the rule may be served by leaving it affixed to the most conspicuous part of the premises.
(C) When service as provided in subsection (A) has been attempted unsuccessfully two times in the manner described in item (1), a copy of the rule may be served by affixing both it and documentation of the two service attempts to the most conspicuous part of the premises and mailing a copy of the rule in the manner described in item (2), which was adopted:
(1) Each of the two attempts to serve the defendant must be separated by a minimum of forty-eight hours and must occur at times of day separated by a minimum of eight hours. The person attempting to serve the rule must document the date and time of the attempts by affidavit or by certificate in the case of a law enforcement officer. On the first unsuccessful attempt to serve the rule, a copy of the rule must be affixed to the most conspicuous part of the premises. On the second unsuccessful attempt to serve the rule, the documentation of the two attempts to serve the rule must be attached to the copy of the rule when it is affixed to the most conspicuous part of the premises.
(2) For mailing by ordinary mail to be considered to complete service under this item, it must be accomplished by placing a copy of the rule and documentation of the prior service attempts at service in an envelope in the presence of the clerk of the magistrates court. The clerk is responsible for verifying that the envelope is addressed to the defendant at the address shown in the rule as the rental premises of the defendant or another address for receipt of mail furnished in writing by the tenant to the landlord, that the envelope contains the necessary documents, and that the clerk has placed the sealed and stamped envelope in the United States mail. The clerk's verification must be made a part of the record in the case, and service by ordinary mail is not considered complete without the clerk's verification. A fee as provided for in Section 8-21-1010(14) must be collected by the magistrate or his clerk for the verification and mailing in this item.
(3) Mailing of the rule constitutes service when the requirements of items (1) and (2) have been met and ten days have elapsed from the time of mailing. If these requirements have been met, the specified time period for the tenant to show cause why he should not be ejected as provided in Section 27-37-20 begins to run on the eleventh day after mailing. However, if the tenant contacts the magistrates court prior to the eleventh day, the specified time period for the tenant to show cause as provided in Section 27-37-20 must begin to run at the time of contact.
(D) If grounds for ejectment for a residential rental agreement are circumstances that constitute malicious property damage or a threat to human life, then the rule may be served by affixing a copy of it alone to the most conspicuous part of the premises."
SECTION 3. Section 27-37-40 of the 1976 Code is amended to read:
"Section 27-37-40. (A) If the tenant fails to appear and show cause within the aforesaid ten days then the magistrate shall issue a warrant of ejectment and the tenant shall be ejected by his regular or special constable or by the sheriff of the county.
(B) If grounds for ejectment constitute malicious property damage or a threat to human life as defined in Section 27-37-5 and the tenant fails to appear and show cause within five days, then the magistrate immediately shall issue a warrant of ejectment and the tenant shall be ejected by his regular or special constable or by the sheriff of the county."
SECTION 4. Section 27-40-720 of the 1976 Code, as amended by Act 112 of 1995, is further amended to read:
"Section 27-40-720. (aA) If there is noncompliance by the tenant with Section 27-40-510 materially affecting health and safety that can be remedied by repair, replacement of a damaged item, or cleaning, and the tenant fails to comply as promptly as conditions require in case of emergency as defined in subsection (C) or within fourteen days after written notice by the landlord specifying the breach and requesting that the tenant remedy it within that period of time, the landlord may enter the dwelling unit and cause the work to be done in a workmanlike manner and the tenant shall reimburse the landlord for the cost and, in addition, the landlord shall have the remedies available under this chapter.
(bB) If there is noncompliance by the tenant with Section 27-40-510 materially affecting health and safety other than as set forth in subsection (a A) above, and the tenant fails to comply as promptly as conditions require in case of emergency, malicious property damage as defined in Section 27-37-5 or within fourteen days after written notice by the landlord if it is not an emergency malicious property damage, specifying the breach and requesting that the tenant remedy within that period of time, the landlord may terminate the rental agreement.
(C) For the purposes of this section, an emergency refers to circumstances considered to threaten significant property damage or human life."
SECTION 5. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. HAGOOD 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. 3249 (Word version) -- Reps. Scarborough, Umphlett and McLeod: 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.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\11330AC07), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 1-23-110(C) of the 1976 Code is amended to read:
"(C)(1) The agency shall consider fully all written and oral submissions respecting the proposed regulation.
(2) Following the public hearing and consideration of all submissions, an agency must not submit a regulation to the General Assembly for review if the regulation contains a substantive change in the content of regulation as proposed pursuant to subsection (A)(3) and the substantive change was not raised, considered, or discussed by public comment received pursuant to this section. The agency shall refile such a regulation for publication in the State Register as a proposed regulation pursuant to subsection (A)(3)."
SECTION 2. Section 1-23-120 of the 1976 Code, as last amended by Act 231 of 2004, is further amended to read:
"Section 1-23-120. (A) All regulations except those specifically exempted pursuant to this section subsection (H) must be submitted filed with Legislative Council for submission to the General Assembly for review in accordance with this article, but; however, a regulation must not be submitted to the General Assembly more than one year after publication of the drafting notice initiating the regulation pursuant to Section 1-23-110, except those regulations requiring a final assessment report as provided in Sections 1-23-270 and 1-23-280. A regulation submitted to the General Assembly for review must not be withdrawn or modified by the agency for any reason except upon written notification by a committee that the committee by majority vote cannot approve the regulation in the form submitted, as provided for in Section 1-23-125.
(B) To initiate the process of review, the agency shall file with the Legislative Council for submission to the President of the Senate and the Speaker of the House of Representatives a document containing:
(1) a copy of the regulations promulgated;
(2) in the case of regulations proposing to amend an existing regulation or any clearly identifiable subdivision or portion of a regulation, the full text of the existing regulation or the text of the identifiable portion of the regulation; text that is proposed to be deleted must be stricken through, and text that is proposed to be added must be underlined;
(3) a request for review;
(3)(4) a brief synopsis of the regulations submitted explaining which explains the content and any changes in existing regulations resulting from the submitted regulations;
(4)(5) a copy of the final assessment report and the summary of the final report prepared by the division pursuant to Section 1-23-115. A regulation that does not require an assessment report because it the regulation does not have a substantial economic impact must include a statement to that effect. A regulation exempt from filing an assessment report pursuant to Section 1-23-115(E) must include an explanation of the exemption;
(5)(6) a copy of the fiscal impact statement prepared by the agency as required in by Section 1-23-110.
(6)(7) a detailed statement of rationale which shall state states the basis for the regulation, including the scientific or technical basis, if any, and shall identify identifies any studies, reports, policies, or statements of professional judgment or administrative need relied upon in developing the regulation.
(7)(8) a copy of the economic impact statement, as provided in Section 1-23-270(C)(1)(a).; and
(8)(9) a copy of the regulatory flexibility analysis, as provided in Section 1-23-270(C)(1)(b).
(C) Upon receipt of the request regulation, the President and Speaker reviewing the request shall submit it shall refer the regulation for consideration review to the standing committees of the Senate and House which are most concerned with the function of the promulgating agency. A copy of the regulation or a synopsis of it the regulation must be given to each member of the committee, and Legislative Council shall notify all members of the General Assembly when regulations are submitted for review either through electronic means or by addition of this information to the web site maintained by Legislative Printing Information and Technology Services, or both. The committees to which regulations are referred have one hundred twenty days from the date regulations are submitted to the General Assembly to consider and take action on these regulations. However, if a regulation is referred to a committee and no action occurs in that committee on the regulation within sixty calendar days of receipt of the regulation, the regulation must be placed on the agenda of the full committee beginning with the next scheduled full committee meeting.
(D) If a joint resolution to approve a regulation is not enacted within one hundred twenty days after the regulation is submitted to the General Assembly or if a joint resolution to disapprove a regulation has not been introduced by a standing committee to which the regulation was referred for review, the regulation is effective upon publication in the State Register. Upon introduction of the first joint resolution disapproving a regulation by a standing committee to which the regulation was referred for review, the one-hundred-twenty-day period for automatic approval is tolled. A regulation may not be filed under the emergency provisions of Section 1-23-130 if a joint resolution to disapprove the regulation has been introduced by a standing committee to which the regulation was referred. Upon a negative vote by either the Senate or House of Representatives on the resolution disapproving the regulation and the notification in writing of the negative vote to the Speaker of the House of Representatives and the President of the Senate by the Clerk of the House in which the negative vote occurred, the remainder of the period begins to run. If the remainder of the period is less than ninety days, additional days must be added to the remainder to equal ninety days. The introduction of a joint resolution by the committee of either house does not prevent the introduction of a joint resolution by the committee of the other house to either approve or disapprove the regulations concerned. A joint resolution approving or disapproving a regulation must include:
(1) the synopsis of the regulation as required by subsection (B)(4);
(2) the summary of the final assessment report prepared by the division pursuant to Section 1-23-115 or, as required by subsection (B)(5), the statement or explanation that an assessment report is not required or is exempt.
(E) The one-hundred-twenty-day period of review begins on the date the regulation is filed with the President and Speaker. Sine die adjournment of the General Assembly tolls the running of the period of review, and the remainder of the period begins to run upon the next convening of the General Assembly excluding special sessions called by the Governor.
(F) Any member of the General Assembly may introduce a joint resolution approving or disapproving a regulation thirty days following the date the regulations concerned are submitted referred to a standing committee for review and no committee joint resolution approving or disapproving the regulations has been introduced and the regulations concerned have not been withdrawn by the promulgating agency pursuant to Section 1-23-125, but the introduction does not toll the one-hundred-twenty-day period of automatic approval.
(G) A regulation is deemed withdrawn if it has not become effective, as provided in this article, by the date of publication of the next State Register published after the end of the two-year session in which the regulation was submitted to the President and Speaker for review. Other provisions of this article notwithstanding, a regulation deemed withdrawn pursuant to this subsection may be resubmitted by the agency for legislative review during the next legislative session without repeating the requirements of Section 1-23-110, 1-23-111, or 1-23-115 if the resubmitted regulation contains no substantive changes for the previously submitted version.
(H) General Assembly review is not required for regulations promulgated:
(1) to maintain compliance with federal law including, but not limited to, grant programs; however, the synopsis of the regulation required to be submitted by subsection (B)(4) must include citations to federal law, if any, mandating the promulgation of or changes in the regulation justifying this exemption;
(2) by the state Board of Financial Institutions in order to authorize state-chartered banks, state-chartered savings and loan associations, and state-chartered credit unions to engage in activities that are authorized pursuant to Section 34-1-110;
(3) by the South Carolina Department of Revenue to adopt regulations, revenue rulings, revenue procedures, and technical advice memoranda of the Internal Revenue Service so as to maintain conformity with the Internal Revenue Code as defined in Section 12-6-40;
(4) as emergency regulations under Section 1-23-130.
(H)(I) For purposes of this section, only those calendar days occurring during a session of the General Assembly, excluding special sessions, are included in computing the days elapsed.
(I)(J) Each state agency, which promulgates regulations or to which the responsibility for administering regulations has been transferred, shall by July 1, 1997, and every five years thereafter, conduct a formal review of all regulations which it has promulgated or for which it has been transferred the responsibility of administering, except that those regulations described in subsection (G H) are not subject to this review. Upon completion of the review, the agency shall submit to the Code Commissioner a report which identifies those regulations:
(1) for which the agency intends to begin the process of repeal in accordance with this article;
(2) for which the agency intends to begin the process of amendment in accordance with this article; and
(3) which do not require repeal or amendment.
Nothing in this subsection may be construed to prevent an agency from repealing or amending a regulation in accordance with this article before or after it is so identified in the report to the Code Commissioner."
SECTION 3. Section 1-23-125 of the 1976 Code is amended to read:
"Section 1-23-125. (A) The legislative committee to which a regulation is submitted is not authorized to amend a particular regulation and then introduce a joint resolution approving the regulation as amended; however, this provision does not prevent the introduction of a resolution disapproving one or more of a group of regulations submitted to the committee and approving others submitted at the same time or deleting a clearly separable portion of a single regulation and approving the balance of the regulation in the committee resolution. An agency may not withdraw from or modify a regulation under legislative review unless the agency receives written notification, as provided for in this section, from a committee that the committee by majority vote cannot approve the regulation in the form submitted.
(B) If a majority of a committee determines that it cannot approve a regulation in the form submitted, it shall notify the promulgating agency in writing along with its recommendations as to changes that would be necessary to obtain committee approval. The agency may:
(1) withdraw the regulation from the General Assembly and resubmit it with the recommended changes to the Speaker and the Lieutenant Governor, but any regulation not resubmitted within thirty days is considered permanently withdrawn;
(2) withdraw the regulation permanently;
(3) take no action and abide by whatever action is taken or not taken by the General Assembly on the regulation concerned.
(C) The notification tolls the one-hundred-twenty-day period for automatic approval, and when an agency withdraws regulations from the General Assembly prior to the time a committee resolution to approve or disapprove the regulation has been introduced, the remainder of the period begins to run only on the date the regulations are resubmitted to the General Assembly. Upon resubmission of the regulations, additional days must be added to the days remaining in the review period for automatic approval, if less than twenty days, to equal twenty days, and a copy of the amended regulation must be given to each member of the committee. If an agency decides to take no action pursuant to item subsection (B)(3), it shall notify the committee in writing and the remainder of the period begins to run only upon this notification.
(D) This section, as it applies to approval, disapproval, or modification of regulations, does not apply to joint resolutions introduced by other than the committees to which regulations are initially referred by the Lieutenant Governor or the Speaker of the House of Representatives.
(E) If a regulation, when finally promulgated, includes a substantive change in the content of the regulation as proposed and published in the State Register, and the substantive change was not raised, considered, or discussed by public comment required in Section 1-23-110, the regulation must be refiled by the agency with the Legislative Council and published as revised in the State Register and processed as a new regulation in accordance with this article. A regulation submitted to the General Assembly for review may be withdrawn by the agency for any reason. The regulation may be resubmitted by the agency for legislative review during the legislative session without repeating the requirements of Section 1-23-110, 1-23-111, or 1-23-115 if the resubmitted regulation contains no substantive changes from the previously submitted version."
SECTION 4. Article 1, Chapter 23 of Title 1 of the 1976 Code is amended by adding:
"Section 1-23-121. No fee or fine may be established, modified, or increased unless authorized by law or authorized through regulation promulgated within an agency's grant of statutory authority."
SECTION 5. Section 1-23-270(F)(1), as added by Act 231 of 2004, is amended to read:
"(1) Within five years of the effective date of this article, each agency shall review all agency regulations existing at the time of the effective date to determine whether to continue the regulations without change or amend or rescind them to minimize economic impact of the regulations on small businesses in a manner consistent with the stated objective of applicable statutes. If the head of the agency determines that completion of the review of existing regulations is not feasible by the established date, the agency shall publish in the State Register a statement certifying that determination. Each state agency, which promulgates regulations or to which the responsibility for administering regulations has been transferred, shall by July 1, 1997, and every five years thereafter, conduct a formal review of all regulations which it has promulgated or for which it has been transferred the responsibility of administering, except that those regulations described in Section 1-23-120(H) are not subject to this review. Upon completion of the review, the agency shall submit to the Code Commissioner a report which identifies those regulations:
(a) for which the agency intends to begin the process of repeal in accordance with this article;
(b) for which the agency intends to begin the process of amendment in accordance with this article; and
(c) which do not require repeal or amendment.
Nothing in this subsection may be construed to prevent an agency from repealing or amending a regulation in accordance with Article 1 before or after it is identified in the report to the Code Commissioner."
SECTION 6. This act takes effect July 1, 2008, and applies to regulations for which a notice of a public hearing has been published in the State Register, in accordance with Section 1-23-110(A)(3) of the 1976 Code, after June 30, 2008; all other regulations under General Assembly review on this act's effective date must be processed and reviewed in accordance with the law in effect on June 30, 2008./
Renumber sections to conform.
Amend title to conform.
Rep. HAGOOD explained the amendment.
The amendment was then adopted.
Rep. BANNISTER proposed the following Amendment No. 2 (Doc Name COUNCIL\NBD\11357AC07), which was tabled:
Amend the bill, as and if amended, by deleting Section 1-23-120 (C), (D), and (E) beginning on page 3249-3, line 3 through page 3249-4, line 15 and inserting:
/ (C) Upon receipt of the request regulation, the President and Speaker reviewing the request shall submit it shall refer the regulation for consideration review to the standing committees of the Senate and House which are most concerned with the function of the promulgating agency. A copy of the regulation or a synopsis of it the regulation must be given to each member of the committee, and Legislative Council shall notify all members of the General Assembly when regulations are submitted for review either through electronic means or by addition of this information to the web site maintained by Legislative Printing Information and Technology Services, or both. The committees to which regulations are referred have one hundred twenty legislative days from the date regulations are submitted to the General Assembly to consider and take action on these regulations. However, if a regulation is referred to a committee and no action occurs in that committee on the regulation within sixty calendar days of receipt of the regulation, the regulation must be placed on the agenda of the full committee beginning with the next scheduled full committee meeting.
(D) If a joint resolution to approve a regulation is not enacted within one hundred twenty legislative days after the regulation is submitted to the General Assembly or if a joint resolution to disapprove a regulation has not been introduced by a standing committee to which the regulation was referred for review, the regulation is effective upon publication in the State Register. Upon introduction of the first joint resolution disapproving a regulation by a standing committee to which the regulation was referred for review, the one-hundred-twenty-day one-hundred-twenty-legislative-days period for automatic approval is tolled. A regulation may not be filed under the emergency provisions of Section 1-23-130 if a joint resolution to disapprove the regulation has been introduced by a standing committee to which the regulation was referred. Upon a negative vote by either the Senate or House of Representatives on the resolution disapproving the regulation and the notification in writing of the negative vote to the Speaker of the House of Representatives and the President of the Senate by the Clerk of the House in which the negative vote occurred, the remainder of the period begins to run. If the remainder of the period is less than ninety days, additional days must be added to the remainder to equal ninety days. The introduction of a joint resolution by the committee of either house does not prevent the introduction of a joint resolution by the committee of the other house to either approve or disapprove the regulations concerned. A joint resolution approving or disapproving a regulation must include:
(1) the synopsis of the regulation as required by subsection (B)(4);
(2) the summary of the final assessment report prepared by the division pursuant to Section 1-23-115 or, as required by subsection (B)(5), the statement or explanation that an assessment report is not required or is exempt.
(E) The one-hundred-twenty-day one-hundred-twenty-legislative -day period of review begins on the date the regulation is filed with the President and Speaker. Sine die adjournment of the General Assembly tolls the running of the period of review, and the remainder of the period begins to run upon the next convening of the General Assembly excluding special sessions called by the Governor./
Amend the bill further, by adding appropriately numbered SECTIONS to read:
/SECTION __. Section 1-23-10 of the 1976 Code, as last amended by Act 231 of 2004, is further amended by adding an appropriately numbered item to read:
"( ) 'Legislative days' means each Tuesday, Wednesday, and Thursday beginning the second Tuesday in January through Sine die adjournment."
SECTION __. Section 1-23-115(A) of the 1976 Code is amended to read:
"(A) Upon written request by two members of the General Assembly, made before submission of a promulgated regulation to the General Assembly for legislative review, a regulation that has a substantial economic impact must have an assessment report prepared pursuant to this section and in accordance with the procedures contained in this article. In addition to any other method as may be provided by the General Assembly, the legislative committee to which the promulgated regulation has been referred, by majority vote, may send a written notification to the promulgating agency informing the agency that the committee cannot approve the promulgated regulation unless an assessment report is prepared and provided to the committee. The written notification tolls the running of the one hundred-twenty-day legislative one-hundred-twenty-legislative-day review period, and the period does not begin to run again until an assessment report prepared in accordance with this article is submitted to the committee. Upon receipt of the assessment report, additional days must be added to the days remaining in the one hundred-twenty-day one-hundred-twenty-legislative-day review period, if less than twenty legislative days, to equal twenty legislative days. A copy of the assessment report must be provided to each member of the committee."
SECTION __. Section 1-23-125(C) of the 1976 Code is amended to read:
"(C) The notification tolls the one-hundred-twenty-day one-hundred-twenty-legislative-day period for automatic approval, and when an agency withdraws regulations from the General Assembly prior to the time a committee resolution to approve or disapprove the regulation has been introduced, the remainder of the period begins to run only on the date the regulations are resubmitted to the General Assembly. Upon resubmission of the regulations, additional days must be added to the days remaining in the review period for automatic approval, if less than twenty legislative days, to equal twenty legislative days, and a copy of the amended regulation must be given to each member of the committee. If an agency decides to take no action pursuant to item (3), it shall notify the committee in writing and the remainder of the period begins to run only upon this notification."/
Renumber sections to conform.
Amend title to conform.
Rep. BANNISTER explained the amendment.
Rep. HAGOOD spoke against the amendment.
Rep. RICE requested debate on the Bill.
Rep. HAGOOD moved to table the amendment.
Rep. BANNISTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Allen Anderson Anthony Barfield Battle Bowers Brady Branham Breeland G. Brown R. Brown Clemmons Clyburn Cobb-Hunter Coleman Cotty Funderburk Govan Hagood Hardwick Harrison Hart Harvin Hayes Hiott Hodges Hosey Howard Jefferson Kirsh Knight Mack McLeod Miller Mitchell J. H. Neal J. M. Neal Ott Parks Pinson E. H. Pitts Rutherford Sandifer Scott Sellers Skelton F. N. Smith Stavrinakis Talley Thompson Vick Walker Weeks Whitmire Williams Witherspoon
Those who voted in the negative are:
Bales Ballentine Bannister Bedingfield Bingham Bowen Brantley Cato Chalk Chellis Cooper Crawford Dantzler Delleney Duncan Edge Frye Gambrell Gullick Haley Hamilton Harrell Haskins Herbkersman Hinson Huggins Kelly Leach Limehouse Littlejohn Loftis Lowe Lucas Merrill Moss Mulvaney Neilson Owens Perry Phillips Rice Scarborough Shoopman Simrill D. C. Smith G. M. Smith J. R. Smith Spires Stewart Taylor Toole Umphlett Viers White Young
So, the amendment was tabled.
Reps. BANNISTER, CRAWFORD, SIMRILL, CHALK, BEDINGFIELD, SCARBOROUGH, LOFTIS, SHOOPMAN, LEACH, KELLY, TALLEY, UMPHLETT, MERRILL and PERRY requested debate on the Bill.
The following Bill was taken up, read the third time, and ordered sent to the Senate:
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 following Concurrent Resolution was taken up:
S. 507 (Word version) -- Senators Knotts, Alexander, Anderson, Bryant, Campsen, Cleary, Courson, Cromer, Drummond, Elliott, Fair, Ford, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Land, Leatherman, Leventis, Lourie, Malloy, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Reese, Ritchie, Ryberg, Scott, Setzler, Sheheen, Short, Thomas, Vaughn, Verdin and Williams: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES AND THE SOUTH CAROLINA CONGRESSIONAL DELEGATION TO FACILITATE THE CHANGE IN THE DEPARTMENT OF DEFENSE RULE OR POLICY NECESSARY TO PROVIDE FOR PAID TRANSPORTATION FOR THE 218TH BRIGADE COMBAT TEAM AND FOR OTHER SOUTH CAROLINA NATIONAL GUARDSMEN HOME TO SOUTH CAROLINA AND BACK TO THEIR TRAINING SITES BEFORE THEIR DEPARTURES TO A COMBAT ZONE.
Whereas, the State of South Carolina has generously and honorably staffed the United States efforts in the Middle East with its finest citizen soldiers and has sorrowfully suffered the wretched loss of its native sons and daughters to that effort; and
Whereas, even now, the largest deployment in the history of South Carolina's National Guard is training at Camp Shelby in Mississippi in preparation for a year-long combat stint in Afghanistan; and
Whereas, these 1,600 men and women of the 218th Brigade Combat Team will complete their training on April 10, 2007, and must report back to Camp Shelby for a departure ceremony on April 21 before shipping out to the newly invigorated and escalating war zone in Afghanistan; and
Whereas, the National Guard is not providing for transportation costs to cover the expenses of these soldiers for their last ten days with their families on South Carolina soil before being placed in harm's way; and
Whereas, these volunteer citizen soldiers, and others like them, deserve the utmost honor and consideration for making the difficult personal choices that tear them away from their loved ones and their beloved State in defense of our collective freedom. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the General Assembly of South Carolina memorializes the Congress of the United States and the South Carolina Congressional Delegation to facilitate the change in the Department of Defense rule or policy necessary to provide for paid transportation for the 218th Brigade Combat Team and for other South Carolina National Guardsmen home to South Carolina and back to their training sites before their departures to a combat zone.
Be it further resolved that a copy of this resolution be forwarded to the United States Congress and the members of the South Carolina Congressional Delegation.
The Concurrent Resolution was adopted and sent to the Senate.
The motion period was dispensed with on motion of Rep. LOFTIS.
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. SCARBOROUGH proposed the following Amendment No. 2 (Doc Name COUNCIL\BBM\9827HTC07), which was tabled:
Amend the bill, as and if amended, by striking Section 7-13-200, as contained in SECTION 1, beginning on page 1, and inserting:
/ Section 7-13-200. (A) The purpose of this section is to provide a uniform method of filling a vacancy in a school district board of trustees when a person moves his residence outside of the area from which he was elected or appointed or holds more than one office in violation of Section 3, Article VI of the Constitution of South Carolina.
(B) If a person who has been elected or appointed to a school district board of trustees moves his residence outside of the area from which he was elected or appointed or hold multiple offices in violation of Section 3, Article VI of the Constitution of South Carolina, the member shall notify the presiding officer within fifteen days of the date of his residence change as described in this section.
(C) If a member notifies the presiding officer that he has changed his residence to a place outside of the area from which he was elected or appointed or holds multiple offices in violation of Section 3, Article VI of the Constitution of South Carolina, the presiding officer shall take action as specified in subsection (E)(1) or (2), as appropriate.
(D)(1) If the school district board of trustees to which the person has been elected or appointed receives information that a member has moved his residence outside of the area from which he was elected or appointed or hold multiple offices in violation of Section 3, Article VI of the Constitution of South Carolina and the information is obtained from a source other than the member, it shall vote in open session to determine whether the information supports removing the member from office on the basis that the member has moved from the area from which he was elected or appointed or hold multiple offices in violation of Section 3, Article VI of the Constitution of South Carolina. If the vote is affirmative, the member must be afforded a public hearing unless he waives the hearing in writing.
(2) Notice of a public hearing scheduled pursuant to subsection (D)(1) must be served on the member by certified mail, return receipt requested.
(3) At the conclusion of the public hearing scheduled pursuant to subsection (D)(1), the school district board of trustees to which the person has been elected shall vote in open session whether the member should be removed from office on the basis that the member has moved from the area from which he was elected or appointed or hold multiple offices in violation of Section 3, Article VI of the Constitution of South Carolina.
(a) If the vote is affirmative, the office is declared vacant and the presiding officer shall take action as specified in subsection (E)(1) or (2), as appropriate.
(b) If the vote is negative, the member continues in office.
(E) If a position is determined to be vacant pursuant to subsections (B) through (D), the position must be filled as follows:
(1) if the office originally was filled by appointment, the presiding officer shall notify the appointing officer or entity of the vacancy. Within ninety days after receiving notice, the officer or entity shall fill the vacancy by appointment for the remainder of the unexpired term; or
(2) if the office originally was filled by election, the presiding officer shall notify the county election commission that the office is vacant. Upon receiving notice, the county election commission shall schedule a special election in accordance with the provisions of Section 7-13-190 to fill the office for the remainder of the unexpired term.
(F) Notwithstanding another provision of law, the provisions of this section apply to all elected and appointed school district trustees. /
Renumber sections to conform.
Amend title to conform.
Rep. SCARBOROUGH explained the amendment.
Rep. G. R. SMITH spoke against the amendment.
Rep. G. R. SMITH moved to table the amendment.
Rep. SCARBOROUGH demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 69 to 17.
Reps. G. R. SMITH and HINSON proposed the following Amendment No. 3 (Doc Name COUNCIL\DKA\3217DW07), which was adopted:
Amend the bill, as and if amended, Section 7-13-200(B), SECTION 1, page 1, by inserting after /person/ on line 30 / other than a member of the General Assembly /.
Amend further, Section 7-13-200(D)(1), SECTION 1, page 2, by deleting on line 7, /vote in open session/ and inserting / forward the information to the South Carolina Election Commission /.
Amend further, Section 7-13-200(D)(1), SECTION 1, page 2, by inserting after /writing/ on line 13 / , before the South Carolina Election Commission pursuant to the provisions of item (3) of this subsection /.
Amend further, Section 7-13-200(D)(3), SECTION 1, page 2, beginning on line 18, by deleting /governing body, commission, board, or other body to which the person has been elected/ and inserting / South Carolina Election Commission /.
Renumber sections to conform.
Amend title to conform.
Rep. G. R. SMITH explained the amendment.
Rep. G. R. SMITH spoke in favor of the amendment.
The amendment was then adopted by a division vote of 91 to 9.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
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 Delleney Duncan Edge Frye Funderburk Gambrell Govan Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Hart Haskins Hayes Hinson Hiott Hodges Hosey Howard Huggins Jefferson Kelly Kennedy Kirsh Knight Leach Limehouse Littlejohn Loftis Lowe Lucas Mack Miller Mitchell Moss Mulvaney J. H. Neal J. M. Neal Neilson Ott Parks Perry Phillips Pinson E. H. Pitts Rice Sandifer Scott Sellers Shoopman Simrill D. C. Smith F. N. Smith G. M. Smith J. R. Smith Spires Stavrinakis Stewart Talley Taylor Thompson Toole Umphlett Vick Viers Walker Weeks White Whitmire Williams Witherspoon Young
Those who voted in the negative are:
Harvin Merrill Scarborough Skelton
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. HAGOOD moved that the House recur to the Morning Hour, which was agreed to.
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 3291 (Word version) -- Reps. Knight, Alexander, Branham, Brantley, G. Brown, Cobb-Hunter, Chellis, Dantzler, Harrell, Hart, Harvin, Howard, McLeod, Miller, Moss, Ott, Rice, Sellers, Stavrinakis, Witherspoon and Young: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE LOCATED AT MILE MARKER 77 ALONG INTERSTATE HIGHWAY 95 IN DORCHESTER COUNTY THE "JOHN TYE HEATH HILL INTERCHANGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERCHANGE THAT CONTAIN THE WORDS "JOHN TYE HEATH HILL INTERCHANGE".
Ordered for consideration tomorrow.
The following was introduced:
H. 3644 (Word version) -- Rep. Knight: A HOUSE RESOLUTION TO COMMEND THE OUTSTANDING STUDENTS OF HARLEYVILLE-RIDGEVILLE ELEMENTARY SCHOOL FOR THEIR INDUCTION INTO THE FIRST CLASS OF THE JUNIOR BETA CLUB IN RECOGNITION OF THEIR IMPRESSIVE SCHOLASTIC ACHIEVEMENTS, AND TO WISH THEM THE BEST IN ALL FUTURE ENDEAVORS.
The Resolution was adopted.
The following was introduced:
H. 3645 (Word version) -- Rep. Cotty: A HOUSE RESOLUTION TO CONGRATULATE DAWN SMITH, TEACHER AT BOOKMAN ROAD ELEMENTARY SCHOOL IN RICHLAND COUNTY, ON BEING NAMED RICHLAND COUNTY SCHOOL DISTRICT TWO TEACHER OF THE YEAR AND A FINALIST FOR THE SOUTH CAROLINA TEACHER OF THE YEAR FOR 2007-2008, AND TO EXTEND SINCERE APPRECIATION FOR HER MANY CONTRIBUTIONS TO EDUCATION IN SOUTH CAROLINA.
The Resolution was adopted.
The following was introduced:
H. 3646 (Word version) -- Reps. Funderburk, 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, 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 CONCURRENT RESOLUTION TO COMMEMORATE THE SEVENTY-FIFTH ANNIVERSARY OF THE CAROLINA CUP RACES IN CAMDEN AND TO WISH ITS PARTICIPANTS ALL THE BEST IN THE 2007 COMPETITION.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3647 (Word version) -- Reps. Hart, Scott, Sellers, 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, 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, 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 HONOR AND RECOGNIZE ALONZO SPRY OF RICHLAND COUNTY, DRIVER OF THE UNIVERSITY OF SOUTH CAROLINA GOLF TEAM, FOR HIS QUICK THINKING AND CALM DEMEANOR DURING A POTENTIALLY DANGEROUS TIRE BLOWOUT, AND TO WISH HIM ALL THE BEST IN HIS FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 394 (Word version) -- Senator Leatherman: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES BIG SWAMP ALONG SOUTH CAROLINA HIGHWAY 51 IN FLORENCE COUNTY, NEAR THE TOWN OF PAMPLICO, THE "J. LAVERNE ARD BRIDGE" AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THE BRIDGE CONTAINING THE WORDS "J. LAVERNE ARD BRIDGE".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 522 (Word version) -- Senator Hawkins: A CONCURRENT RESOLUTION TO EXTEND THE SINCERE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MAJOR GENERAL CHARLES EDWARD MCCARTNEY, JR., COMMANDING GENERAL, 108TH DIVISION (INSTITUTIONAL TRAINING), ON THE OCCASION OF HIS RETIREMENT FROM MILITARY SERVICE ON MARCH 23, 2007.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3648 (Word version) -- Rep. Skelton: A BILL TO AMEND CHAPTER 10, TITLE 4, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 SO AS TO ALLOW THE GOVERNING BODY OF A COUNTY BY ORDINANCE TO IMPOSE A LOCAL MOTOR FUELS USER FEE NOT TO EXCEED ONE CENT A GALLON, TO PROVIDE FOR THE IMPOSITION, REPORTING, PAYMENT, COLLECTION AND ENFORCEMENT OF THIS USER FEE, TO ALLOCATE THE REVENUE OF THIS USER FEE AMONG THE COUNTY AND MUNICIPALITIES IN THE COUNTY USING A POPULATION FORMULA AND PROVIDE FOR THE USES OF THIS REVENUE; TO AMEND SECTION 12-6-545, AS AMENDED, RELATING TO THE SPECIAL STATE INCOME TAX RATE ON ACTIVE TRADE OR BUSINESS INCOME OF A PASS-THROUGH ENTITY, SO AS TO PHASE IN AN ADDITIONAL DECREASE IN THIS SPECIAL RATE TO FOUR PERCENT; TO AMEND SECTIONS 12-28-310, AS AMENDED, AND 56-11-410, RELATING RESPECTIVELY TO THE MOTOR FUELS USER FEE AND THE ROAD TAX ON MOTOR CARRIERS, SO AS TO INCREASE THIS FEE AND TAX FROM SIXTEEN CENTS A GALLON TO TWENTY-ONE CENTS A GALLON, TO ADJUST PROSPECTIVELY THE RATE OF THIS FEE AND TAX BASED ON INCREASES IN THE CONSUMER PRICE INDEX, TO PROVIDE THAT THE ADDITIONAL REVENUE OF THE FIVE CENT INCREASE MUST BE USED FOR ROAD MAINTENANCE, AND TO PROVIDE FOR THE ALLOCATION OF REVENUES ATTRIBUTABLE TO FUTURE ADJUSTMENTS.
Referred to Committee on Ways and Means
H. 3649 (Word version) -- Reps. Witherspoon, Merrill, Agnew, Anthony, Brady, R. Brown, Duncan, Funderburk, Hagood, Hardwick, Herbkersman, Hiott, Kelly, Loftis, Moss, Ott, E. H. Pitts, Scott, Talley, Toole, Umphlett, Cobb-Hunter, Leach, Cato, Clemmons, Mitchell, Barfield, Ceips, Dantzler, Hamilton, Howard, Jefferson, Lowe, Phillips, G. R. Smith and J. R. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 63 TO TITLE 12 SO AS TO ENACT THE "ENERGY FREEDOM AND RURAL DEVELOPMENT ACT" TO ALLOW A SALES TAX REBATE FOR THE PURCHASE OF CERTAIN FUEL EFFICIENT VEHICLES AND EQUIPMENT USED TO CONVERT A HYBRID VEHICLE INTO A HYBRID PLUG-IN VEHICLE, TO ALLOW AN INCENTIVE PAYMENT FOR ALTERNATIVE FUEL PURCHASES, AND TO ESTABLISH THE SOUTH CAROLINA RENEWABLE ENERGY INFRASTRUCTURE DEVELOPMENT FUND; BY ADDING SECTION 12-6-3376 SO AS TO ALLOW AN INCOME TAX CREDIT FOR THE PURCHASE OR LEASE OF A PLUG-IN HYBRID VEHICLE; BY ADDING SECTION 12-6-3630 SO AS TO ALLOW AN INCOME TAX CREDIT FOR QUALIFIED EXPENDITURES FOR RESEARCH AND DEVELOPMENT OF FEEDSTOCKS AND PROCESSES FOR CELLULOSIC ETHANOL AND FOR ALGAE-DERIVED BIODIESEL; BY AMENDING SECTION 12-6-3587, RELATING TO TAX CREDITS FOR SOLAR ENERGY HEATING AND COOLING SYSTEMS, SO AS TO ALLOW A TAX CREDIT EQUAL TO THREE THOUSAND FIVE HUNDRED DOLLARS FOR EACH BUILDING THAT IS INSTALLED WITH A SOLAR ENERGY SYSTEM; BY AMENDING SECTION 12-6-3600, RELATING TO TAX CREDITS FOR AN ETHANOL AND BIODIESEL FACILITY, SO AS TO ALLOW A TAX CREDIT FOR A CORN-BASED ETHANOL AND SOY-BASED BIODIESEL FACILITY AND A NONCORN ETHANOL AND NONSOY OIL BIODIESEL FACILITY; BY AMENDING SECTION 12-6-3610, RELATING TO TAX CREDITS FOR THE COST OF PURCHASING AND INSTALLING PROPERTY TO DISTRIBUTE AND DISPENSE RENEWABLE FUELS, SO AS TO LIMIT THE CREDIT TO ONE MILLION DOLLARS, TO DEFINE THE TERM "RENEWABLE FUEL", AND TO ADD CLARIFYING LANGUAGE; BY AMENDING SECTION 12-6-3620, RELATING TO TAX CREDITS FOR THE COST OF METHANE GAS USE, SO AS TO ALLOW A TAX CREDIT FOR THE COST OF EQUIPMENT TO CREATE A FORM OF ENERGY FROM A BIOMASS RESOURCE AND TO LIMIT THE CREDIT TO ONE MILLION DOLLARS; AND BY AMENDING SECTION 12-28-110, AS AMENDED, RELATING TO THE MOTOR FUEL FEES, SO AS TO CHANGE THE DEFINITION OF "BIODIESEL".
Referred to Committee on Ways and Means
H. 3650 (Word version) -- Reps. Neilson, Williams, Bales, Brantley, Chellis, Clemmons, Gullick, Hosey, Jefferson, Leach, Littlejohn, Lucas, Moss, D. C. Smith and J. R. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-13-35 SO AS TO PROVIDE THAT EVERY LAW ENFORCEMENT OFFICER OF THIS STATE AND ITS SUBDIVISIONS HAS STATEWIDE JURISDICTION TO ARREST A PERSON UNDER CERTAIN CIRCUMSTANCES; AND TO REPEAL SECTION 17-13-40 RELATING TO A LAW ENFORCEMENT OFFICER'S JURISDICTION WHEN IN PURSUIT OF AN OFFENDER.
Referred to Committee on Judiciary
H. 3651 (Word version) -- Reps. Herbkersman, Merrill, E. H. Pitts, Cotty, Crawford, Bedingfield, Clemmons, Dantzler, Hagood, Harrison, Kirsh and Owens: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5, CHAPTER 23, TITLE 59 SO AS TO ENACT THE "PUBLIC-PRIVATE EDUCATION FACILITIES AND INFRASTRUCTURE ACT"; TO DEFINE CERTAIN TERMS; TO PROVIDE FOR THE PREREQUISITES FOR THE OPERATION OF A QUALIFYING PROJECT; TO PROVIDE THE INFORMATION THAT MUST ACCOMPANY A REQUEST FOR APPROVAL OF A QUALIFYING PROJECT BY THE RESPONSIBLE PUBLIC ENTITY; TO PROVIDE FOR THE APPROVAL PROCESS AND WHEN A RESPONSIBLE PUBLIC ENTITY MAY GRANT APPROVAL OF THE ACQUISITION; TO PROVIDE THAT A PUBLIC ENTITY MAY ENTER INTO SERVICE CONTRACTS; TO PROVIDE THAT A PRIVATE ENTITY REQUESTING APPROVAL FROM A RESPONSIBLE PUBLIC ENTITY SHALL NOTIFY EACH AFFECTED LOCAL JURISDICTION, WHICH MAY SUBMIT COMMENTS FOR THE RESPONSIBLE PUBLIC ENTITY'S CONSIDERATION; TO PROVIDE FOR WHEN A PUBLIC ENTITY MAY DEDICATE A PROPERTY INTEREST FOR PUBLIC USE IN A QUALIFYING PROJECT; TO PROVIDE THE POWERS AND DUTIES OF THE OPERATOR OF THE QUALIFYING PROJECT; TO PROVIDE FOR THE SPECIFICATIONS OF THE COMPREHENSIVE AGREEMENT BETWEEN THE OPERATOR AND THE RESPONSIBLE PUBLIC ENTITY; TO PROVIDE THAT THE RESPONSIBLE PUBLIC ENTITY MAY OBTAIN FEDERAL, STATE, OR LOCAL ASSISTANCE FOR A QUALIFYING PROJECT THAT SERVES THE PUBLIC PURPOSE; TO PROVIDE FOR REMEDIES IN THE EVENT OF A MATERIAL DEFAULT BY THE OPERATOR; TO PROVIDE WHEN THE RESPONSIBLE PUBLIC ENTITY MAY EXERCISE THE POWER OF CONDEMNATION; TO PROVIDE FOR WHEN THE QUALIFYING PROJECT CROSSES A UTILITY; TO PROVIDE THAT POLICE OFFICERS HAVE POWERS AND JURISDICTION WITHIN THE LIMITS OF THE QUALIFYING PROJECT; TO PROVIDE THAT THIS ARTICLE IS NOT A WAIVER OF SOVEREIGN IMMUNITY; TO PROVIDE THAT THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE AND GUIDELINES DEVELOPED PURSUANT TO IT AND OTHER BUILDING CODES DO NOT APPLY WHEN THE STATE IS THE RESPONSIBLE PUBLIC ENTITY; AND TO PROVIDE THE PROCEDURES ACCORDING TO WHICH A RESPONSIBLE PUBLIC ENTITY MAY ENTER INTO A COMPREHENSIVE AGREEMENT.
Referred to Committee on Education and Public Works
Rep. GULLICK moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 3004 (Word version) -- Rep. Taylor: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE LOCATED AT EXIT 16 ALONG INTERSTATE HIGHWAY 385 IN LAURENS COUNTY THE "SERGEANT RICK POPE INTERCHANGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERCHANGE THAT CONTAIN THE WORDS "SERGEANT RICK POPE INTERCHANGE".
H. 3259 (Word version) -- Reps. Taylor, Duncan and M. A. Pitts: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES SOUTH RABON CREEK ALONG KNICKERBOCKER ROAD IN LAURENS COUNTY THE "JOSEPH KELLETT'S REVOLUTIONARY WAR BLOCK HOUSE MEMORIAL BRIDGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "JOSEPH KELLETT'S REVOLUTIONARY WAR BLOCK HOUSE MEMORIAL BRIDGE".
At 1:27 p.m. the House, in accordance with the motion of Rep. STEWART, adjourned in memory of Broadus L. Seigler of Aiken, to meet at 10:00 a.m. tomorrow.
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