Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:
Our thought for today is from Isaiah 30:21: "Whether you turn to the right or to the left, your ears shall hear a word behind you saying: 'This is the way; walk in it'."
Let us pray. Loving God, thank You for Your patient teaching. Open our ears, hearts and minds to listen and walk in the way You direct so we might be examples to our colleagues and those we serve. Give us courage, integrity and strength to fulfill Your will for us and others. As Representatives and staff, lead us to walk the walk. Bless our Nation, President, State, Governor, Speaker and all who serve in government and private enterprise. Protect our defenders of freedom at home and abroad 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. UMPHLETT moved that when the House adjourns, it adjourn in memory of Ernest P. Watkins of Moncks Corner, which was agreed to.
The following was received:
Columbia, S.C., May 4, 2007
Mr. Speaker and Members of the House of Representatives:
I am transmitting herewith an appointment for confirmation. This appointment is made with advice and consent of the General Assembly and is, therefore, submitted for your consideration.
Statewide Appointment
State Ethics Commission
Term Commencing: June 30, 2006
Term Expiring: June 30, 2011
Seat: At-Large
Initial Appointment
Mr. Phillip Florence, Jr.
1201 Main Street, 12th Floor
Columbia, South Carolina 29201
803-727-1200
Respectfully,
Mark Sanford
Governor
The appointment was confirmed and a message was ordered sent to the Senate accordingly.
The following was received from the Senate:
Columbia, S.C., May 8, 2007
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to S. 139:
S. 139 (Word version) -- Senators Knotts and Elliott: A BILL TO AMEND SECTION 12-37-224, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR HOMES WHICH QUALIFY AS A PRIMARY OR SECONDARY RESIDENCE FOR PURPOSES OF AD VALOREM PROPERTY TAX, SO AS TO INCLUDE TRAILERS USED FOR CAMPING AND RECREATIONAL TRAVEL PULLED BY A MOTOR VEHICLE.
Very respectfully,
President
On motion of Rep. COOPER, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. COTTY, J. H. NEAL and LIMEHOUSE to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received:
Columbia, S.C., May 8, 2007
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Hawkins, Sheheen and Campsen of the Committee of Conference on the part of the Senate on H. 3199:
H. 3199 (Word version) -- Reps. G. M. Smith, Hagood, Cotty and Weeks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "ATM SAFETY ACT" BY AMENDING SECTION 16-11-380, RELATING TO ENTERING A BANK, DEPOSITORY, OR BUILDING AND LOAN ASSOCIATION WITH INTENT TO STEAL, SO AS TO INCLUDE AND CREATE VARIOUS ATM OFFENSES, TO ESTABLISH PENALTIES FOR EACH OFFENSE, TO REQUIRE THE POSTING OF A WARNING SIGN ON ATMS AND SIMILAR DEVICES, AND TO PROVIDE EXCEPTIONS; AND BY AMENDING SECTION 17-25-45, AS AMENDED, RELATING TO LIFE SENTENCES FOR CERTAIN MOST SERIOUS AND SERIOUS OFFENSES, SO AS TO ADD THE ATM OFFENSE TO THE LIST OF SERIOUS OFFENSES.
Very respectfully,
President
Received as information.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
S. 332 (Word version) -- Senators Martin, Ritchie and Vaughn: A BILL TO AMEND SECTION 38-55-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO CLARIFY THAT "FALSE STATEMENT AND MISREPRESENTATION" INCLUDES A FALSE BUSINESS ACTIVITY REPORT, MISCOUNT OR MISCLASSIFICATION BY AN EMPLOYER OR EMPLOYEE, OR A FALSE CLAIM MADE BY AN EMPLOYEE TO OBTAIN AN ECONOMIC BENEFIT; TO AMEND SECTION 38-55-540, RELATING TO PENALTIES FOR A FALSE STATEMENT AND MISREPRESENTATION, SO AS TO INCREASE PENALTIES AND CREATE ADDITIONAL CATEGORIES; TO AMEND SECTION 38-55-560 BY ADDING SUBPARAGRAPH (E) AUTHORIZING THE ATTORNEY GENERAL TO HIRE A FORENSIC ACCOUNTANT TO BE ASSIGNED TO THE INSURANCE FRAUD DIVISION; TO AMEND SECTION 42-1-160, WHICH DEFINES "INJURY" AND "PERSONAL INJURY", SO AS TO ESTABLISH THE EMPLOYEE'S BURDEN OF PROOF AND FURTHER EXCLUDE CERTAIN CONDITIONS FROM "PERSONAL INJURY" AND EXCLUDE CERTAIN EVENTS FROM "ACCIDENT"; TO ADD SECTION 42-1-172, RELATING TO A REPETITIVE TRAUMA INJURY, SO AS TO ESTABLISH WHEN A REPETITIVE TRAUMA INJURY MAY BE COMPENSABLE; TO AMEND SECTION 42-1-375 SO AS TO EXEMPT AN OWNER-OPERATOR OF A VEHICLE LEASED TO A MOTOR CARRIER WHO HAS SIGNED AN INDEPENDENT CONTRACTOR AGREEMENT WITH A MOTOR CARRIER; TO AMEND SECTION 42-9-30 SO AS TO LIMIT THE DISABILITY AWARD TO TEN PERCENT GREATER THAN THE MEDICAL IMPAIRMENT RATING UNLESS THE COMMISSIONER FINDS EXTRAORDINARY CIRCUMSTANCES AND LISTS FACTORS TO BE CONSIDERED FOR EXTRAORDINARY CIRCUMSTANCES AND TO PRESUME FIFTY PERCENT OR MORE LOSS OF USE OF THE BACK IS TOTAL AND PERMANENT DISABILITY; TO AMEND SECTION 42-11-10, RELATING TO OCCUPATIONAL DISEASE, SO AS TO ESTABLISH EMPLOYEE'S BURDEN OF PROOF, EXCLUDE CERTAIN TYPES OF CONDITIONS, AND PROVIDE THAT COMPENSATION IS NOT PAYABLE UNLESS CLAIMANT SUFFERS PERMANENT OR PARTIAL DISABILITY; TO AMEND SECTION 42-15-20, RELATING TO NOTICE FOR A REPETITIVE TRAUMA INJURY, SO AS TO REQUIRE NOTICE BE GIVEN NO LATER THAN NINETY DAYS AFTER EMPLOYEE COULD HAVE DISCOVERED THAT THE CONDITION IS COMPENSABLE; TO AMEND SECTION 42-15-40 SO AS TO BAR THE RIGHT TO COMPENSATION FOR A REPETITIVE TRAUMA INJURY UNLESS THE CLAIM IS FILED WITHIN TWO YEARS AFTER THE DEATH, DISABILITY, OR LAST DATE OF EMPLOYMENT; TO AMEND SECTION 42-15-60, RELATING TO EMPLOYER RESPONSIBILITY, SO AS TO ESTABLISH THAT AFTER TEN WEEKS AFTER DATE OF EMPLOYEE'S INJURY, EMPLOYEE MUST ESTABLISH BY MEDICAL RECORDS OR EXPERT MEDICAL TESTIMONY THAT ADDITIONAL TIME IS NEEDED TO LESSEN THE EMPLOYEE'S DEGREE OF IMPAIRMENT AND TO CLARIFY THAT AN EMPLOYER'S DUTY TO EMPLOYEE TERMINATES WHEN THERE IS NO FURTHER MEDICAL CARE THAT WOULD LESSEN THE DEGREE OF MEDICAL IMPAIRMENT AND IN NO CASE WOULD MEDICAL BENEFITS EXTEND FOR MORE THAN FIVE HUNDRED WEEKS AFTER THE DATE OF INJURY, EXCEPT IN CASES INVOLVING PARAPLEGIA, QUADRIPLEGIA AND PHYSICAL BRAIN DAMAGE; TO AMEND SECTION 42-15-95, RELATING TO THE RELEASE OF MEDICAL INFORMATION IN WORKERS' COMPENSATION CLAIMS, SO AS TO PROVIDE THAT AN EMPLOYEE SEEKING TREATMENT IS CONSIDERED TO HAVE GIVEN CONSENT FOR RELEASE OF MEDICAL RECORDS AND TO PROVIDE COMMUNICATION OPTIONS AMONG INTERESTED PARTIES; TO AMEND SECTION 42-17-90 SO AS TO ESTABLISH A ONE-YEAR PERIOD FOR CHANGE OF CONDITION IN CASES INVOLVING REPETITIVE TRAUMA OR OCCUPATIONAL DISEASE; TO AMEND SECTION 38-73-495 SO AS TO ACCOUNT FOR THIRD-PARTY REIMBURSEMENTS IN EXPERIENCE MODIFICATION; TO AMEND SECTION 42-7-310 SO AS TO REDUCE THE SECOND INJURY FUND ASSESSMENT FORMULA TO ONE HUNDRED AND THIRTY-FIVE PERCENT AND TO REQUIRE THE SECOND INJURY FUND DIRECTOR TO ANNUALLY SUBMIT INFORMATION TO THE NATIONAL COUNCIL ON COMPENSATION INSURANCE; TO AMEND SECTION 42-9-400, RELATING TO THE SECOND INJURY FUND, SO AS TO ELIMINATE "COMBINED EFFECTS OF PREEXISTING IMPAIRMENT AND SUBSEQUENT INJURY", TO FURTHER INCREASE THE NUMBER OF WEEKS TO ONE HUNDRED AND FOUR, TO INCREASE THE THRESHOLD FOR REIMBURSEMENT FOR MEDICAL PAYMENT FROM THREE THOUSAND DOLLARS TO TEN THOUSAND DOLLARS, TO ELIMINATE "ARTHRITIS" AND "ANY OTHER PRE-EXISTING DISEASE, CONDITION OR IMPAIRMENT" FROM THE LIST OF PRESUMPTIONS FOR PERMANENT IMPAIRMENT, AND TO PROVIDE NOTICE PROVISIONS; TO AMEND SECTION 42-9-410 SO AS TO INCREASE THE NUMBER OF WEEKS TO ONE HUNDRED AND FOUR FOR SECOND INJURY FUND REIMBURSEMENT ELIGIBILITY; AND TO AMEND CHAPTER 73, TITLE 38.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
S. 389 (Word version) -- Senators Campsen, Bryant, Vaughn, Grooms, Martin, Verdin, Scott, Richardson, Fair, Ryberg, Thomas and Gregory: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 33, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO AGE OF CONSENT, SO AS TO DELETE THE PROVISION THAT NO UNMARRIED WOMAN SHALL LEGALLY CONSENT TO SEXUAL INTERCOURSE WHO SHALL NOT HAVE ATTAINED THE AGE OF FOURTEEN YEARS.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
S. 65 (Word version) -- Senators Martin, Vaughn, McConnell, Knotts, Verdin, Fair, Alexander and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-5-75, TO PROVIDE A RIGHT OF INGRESS AND EGRESS TO A CEMETERY, BURIAL GROUND, OR GRAVE LOCATED ON PRIVATE PROPERTY FOR FAMILY MEMBERS, CLOSE FRIENDS, DESCENDANTS OF DECEASED PERSONS, CEMETERY PLOT OWNERS, PERSONS PARTICIPATING IN A LAWFUL BURIAL, OR PERSONS ENGAGING IN GENEALOGY RESEARCH.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
H. 3451 (Word version) -- Reps. Cotty, Agnew, Anderson, Ballentine, Barfield, Battle, Bingham, Bowen, Bowers, Breeland, R. Brown, Cato, Chalk, Chellis, Clyburn, Cobb-Hunter, Cooper, Davenport, Edge, Funderburk, Hagood, Haley, Harrell, Harrison, Harvin, Herbkersman, Hinson, Hiott, Hosey, Howard, Jennings, Kennedy, Kirsh, Limehouse, McLeod, Miller, Moss, J. H. Neal, Neilson, Pinson, E. H. Pitts, Rice, Rutherford, Sandifer, Scott, J. E. Smith, J. R. Smith, Stavrinakis, Talley, Toole, Viers, Weeks, Whipper and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 TO TITLE 30 SO AS TO ENACT "THE UNIFORM REAL PROPERTY RECORDING ACT", PROVIDING FOR THE AUTHORITY OF THE REGISTER OF MESNE CONVEYANCES IN A COUNTY TO RECEIVE AND RECORD DOCUMENTS AND INFORMATION IN ELECTRONIC FORM, SETTING FORTH CERTAIN REQUIREMENTS IN ACCEPTANCE OF ELECTRONIC DOCUMENTS BY A REGISTER, CHARGING THE OFFICE OF THE SECRETARY OF STATE WITH THE RESPONSIBILITY OF IMPLEMENTING THE ACT AND ADOPTING STANDARDS FOR THE RECEIPT, RECORDING, AND RETRIEVAL OF ELECTRONIC DOCUMENTS, AND PROVIDING DEFINITIONS.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
S. 266 (Word version) -- Senators Martin, Ford, Campsen and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "SOUTH CAROLINA PRIORITY INVESTMENT ACT" BY AMENDING SECTION 6-29-510, RELATING TO COMPREHENSIVE PLANS OF LOCAL PLANNING COMMISSIONS, SO AS TO AMEND THE HOUSING ELEMENT AND TO PROVIDE FOR TRANSPORTATION AND PRIORITY INVESTMENT ELEMENTS OF COMPREHENSIVE PLANS; TO AMEND SECTION 6-29-720, RELATING TO THE REGULATION OF ZONING DISTRICTS, SO AS TO ALLOW LOCAL GOVERNMENTS TO DEVELOP MARKET BASED INCENTIVES AND ELIMINATION OF NONESSENTIAL HOUSING REGULATORY REQUIREMENTS TO ENCOURAGE PRIVATE DEVELOPMENT, TRADITIONAL NEIGHBORHOOD DESIGN, AND AFFORDABLE HOUSING IN PRIORITY INVESTMENT AREAS; TO AMEND SECTION 6-29-1110, RELATING TO DEFINITIONS, SO AS TO DEFINE "AFFORDABLE HOUSING", "MARKET BASED INCENTIVES", "TRADITIONAL NEIGHBORHOOD DESIGN", AND "NONESSENTIAL HOUSING REGULATORY REQUIREMENTS"; TO AMEND SECTION 6-29-1130, RELATING TO REGULATIONS OF A LOCAL GOVERNING BODY GOVERNING THE DEVELOPMENT OF LAND UPON THE RECOMMENDATION OF THE LOCAL PLANNING COMMISSION, SO AS TO FURTHER PROVIDE FOR THE CONTENT OF THESE REGULATIONS RELATING TO LAND DEVELOPMENT; AND TO PROVIDE THAT LOCAL GOVERNMENTS AMEND THEIR COMPREHENSIVE PLANS TO COMPLY WITH THESE PROVISIONS WITHIN TWENTY-FOUR MONTHS OF ENACTMENT.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
S. 327 (Word version) -- Senator Sheheen: A BILL TO AMEND SECTIONS 7-5-10, 7-5-35, AND 7-13-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT AND REMOVAL OF MEMBERS OF THE COUNTY BOARD OF REGISTRATION AND COUNTY COMMISSIONERS OF ELECTION AND THE COMPOSITIONS OF THESE BOARDS AND COMMISSIONS, SO AS TO REQUIRE THAT THE CERTIFICATION BE ISSUED WHEN A MEMBER OR DESIGNATED STAFF PERSON HAS COMPLETED A TRAINING PROGRAM AND TO REQUIRE THE GOVERNOR TO REMOVE A MEMBER OF THESE BOARDS OR COMMISSIONS, APPOINTED ON OR AFTER THE ACT'S EFFECTIVE DATE, WHO HAS NOT FULFILLED THE TRAINING REQUIREMENT WITHIN EIGHTEEN MONTHS.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
H. 3858 (Word version) -- Reps. Ceips and Clemmons: A BILL TO AMEND SECTION 7-13-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONDUCTING SPECIAL ELECTIONS TO FILL VACANCIES IN OFFICE, SO AS TO SPECIFY THAT IF THERE IS A VACANCY REQUIRING A PRIMARY ELECTION TO FILL THE VACANCY, THE PROVISIONS OF THIS SECTION APPLY.
Ordered for consideration tomorrow.
On motion of Rep. VICK, with unanimous consent, the following was taken up for immediate consideration:
H. 4048 (Word version) -- Rep. Vick: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE CHERAW HIGH SCHOOL VARSITY GOLF TEAM, COACHES, AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND COMMENDED ON THEIR OUTSTANDING SEASON AND FOR CAPTURING THE CLASS AA 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 Cheraw High School varsity golf team, coaches, and school officials, at a date and time to be determined by the Speaker, for the purpose of being recognized and commended on their outstanding season and for capturing the Class AA State Championship title.
The Resolution was adopted.
The following was introduced:
H. 4049 (Word version) -- Rep. Vick: A HOUSE RESOLUTION RECOGNIZING CHESTERFIELD COUNTY'S CHERAW HIGH SCHOOL BRAVES GOLF TEAM ON ITS 2007 STATE CLASS AA TITLE, AND APPLAUDING THE BRAVES ON THEIR STELLAR TEAM AND INDIVIDUAL PLAY UNDER THE GUIDANCE OF HEAD COACH CHRIS SMITH AND HIS STAFF.
The Resolution was adopted.
The following was introduced:
H. 4050 (Word version) -- Rep. Harrison: A HOUSE RESOLUTION TO COMMEND CAROLINE COLEMAN BENNETT OF RICHLAND COUNTY ON AUTHORING "CHARLEY'S COLUMBIA BACKYARD", A ONE-OF-A-KIND CHILDREN'S BOOK WHICH WAS RECENTLY NAMED THE OFFICIAL CHILDREN'S BOOK OF COLUMBIA FOR ITS UNIQUE CHILD'S PERSPECTIVE OF THE MOST CELEBRATED ATTRACTIONS IN COLUMBIA.
The Resolution was adopted.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4051 (Word version) -- Reps. Knight, Alexander, Hosey, McLeod, Govan, Anthony, Bedingfield, Bowen, Clyburn, Davenport, Hagood, Hamilton, Harrison, Hodges, Jefferson, Leach, Mitchell, Neilson, Scarborough, J. R. Smith, Spires and Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 101 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE PERSIAN GULF WAR VETERANS SPECIAL LICENSE PLATES TO VETERANS OF OPERATION DESERT STORM-DESERT SHIELD, OPERATION ENDURING FREEDOM, AND OPERATION IRAQI FREEDOM.
Referred to Committee on Education and Public Works
H. 4055 (Word version) -- Reps. Moss, Cotty, Brantley, Anthony, Coleman, Knight, Bedingfield, Haskins, J. R. Smith, Haley, Huggins, Agnew, Alexander, Bales, Battle, Bowen, Bowers, Brady, Branham, Breeland, G. Brown, R. Brown, Ceips, Chalk, Clemmons, Clyburn, Cooper, Dantzler, Davenport, Delleney, Duncan, Frye, Funderburk, Gambrell, Govan, Gullick, Hart, Harvin, Hayes, Hiott, Hodges, Hosey, Howard, Jefferson, Jennings, Kelly, Kirsh, Limehouse, Littlejohn, Lucas, Mack, Mahaffey, McLeod, Miller, Mitchell, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Parks, Phillips, Pinson, M. A. Pitts, Rutherford, Scarborough, Scott, Sellers, Skelton, D. C. Smith, F. N. Smith, Spires, Stavrinakis, Talley, Thompson, Vick, Walker, Whipper, White, Williams and Witherspoon: A JOINT RESOLUTION TO PROVIDE THAT NO STATE FUNDS MAY BE APPROPRIATED TO ANY OUT-OF-STATE MEDICAID BROKERING SYSTEM UNTIL THE LEGISLATIVE AUDIT COUNCIL COMPLETES AN INVESTIGATION AND REPORTS ITS FINDINGS TO THE SOUTH CAROLINA SENATE AND HOUSE OF REPRESENTATIVES.
Rep. MOSS asked unanimous consent to have the Joint Resolution placed on the Calendar without reference.
Rep. CRAWFORD objected.
Referred to Committee on Ways and Means
H. 4056 (Word version) -- Reps. Moss, Kelly, Talley, Bowen, Gambrell, Gullick, Littlejohn, Mahaffey, Miller and J. M. Neal: A BILL TO AMEND SECTION 44-96-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SOLID WASTE LANDFILLS AND REGULATIONS GOVERNING, AMONG OTHER THINGS, SITING, DESIGN, AND CONSTRUCTION OF SUCH LANDFILLS, SO AS TO PROVIDE THAT A LANDFILL IN EXISTENCE AS OF JULY 1, 2007, MAY NOT EXPAND THE VOLUME OF AN EXISTING LANDFILL OR CONSTRUCT A NEW LANDFILL UNLESS IT MEETS DEMONSTRATION OF NEED REQUIREMENTS PROMULGATED IN REGULATION AND TO PROHIBIT GRANTING A VARIANCE FOR SUCH EXPANSION OR NEW CONSTRUCTION.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 4057 (Word version) -- Reps. Moss, Kelly, Anthony, Bowen, Gambrell, Gullick, Littlejohn, Mahaffey, Miller, Mitchell and J. M. Neal: A BILL TO AMEND SECTION 44-96-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITTING OF CONSTRUCTION, DEMOLITION, OR LAND CLEARING DEBRIS LANDFILLS, SO AS TO PROVIDE THAT THE DEPARTMENT MAY NOT PERMIT A NEW CONSTRUCTION, DEMOLITION, OR LAND CLEARING DEBRIS LANDFILL WITHIN TWENTY MILES OF AN EXISTING CONSTRUCTION, DEMOLITION, OR LAND CLEARING DEBRIS LANDFILL, AND TO MAKE CERTAIN TECHNICAL CHANGES.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 4058 (Word version) -- Reps. Sandifer, Leach, Bedingfield, Cato, Chellis, Ott, Owens and Whitmire: A BILL TO AMEND CHAPTER 7 OF TITLE 32, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRENEED FUNERAL CONTRACTS, SO AS TO CONFORM THE PROVISIONS TO REFLECT THAT THE PREVIOUS POWERS AND DUTIES OF THE STATE BOARD OF FINANCIAL INSTITUTIONS RELATING TO THOSE CONTRACTS HAS BEEN TRANSFERRED TO THE DEPARTMENT OF CONSUMER AFFAIRS, TO PROVIDE FOR A CONTESTED CASE HEARING BEFORE THE REVOCATION OR SUSPENSION OF A LICENSE FOR VIOLATION OF THE CHAPTER, TO PROVIDE FOR ADMINISTRATIVE PENALTIES, AND TO MAKE TECHNICAL CHANGES; AND TO AMEND SECTION 40-19-290, AS AMENDED, RELATING TO LICENSED EMBALMERS AND FUNERAL DIRECTORS RECEIVING PAYMENTS FOR PRENEED FUNERAL CONTRACTS, SO AS TO CHANGE "STATE BOARD OF FINANCIAL INSTITUTIONS" TO "SOUTH CAROLINA DEPARTMENT OF CONSUMER AFFAIRS".
Referred to Committee on Labor, Commerce and Industry
H. 4059 (Word version) -- Rep. Gullick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-380 SO AS TO PROVIDE THAT THE OPTIONAL ALCOHOL EXCLUSION PROVISION CONTAINED IN CERTAIN INSURANCE POLICIES THAT REQUIRE THE REPLICATION OF EXACT LANGUAGE AS PROVIDED IN SECTION 38-71-370 DOES NOT APPLY TO A MEDICAL EXPENSE POLICY, AND TO DEFINE MEDICAL EXPENSE POLICY.
Referred to Committee on Labor, Commerce and Industry
H. 4060 (Word version) -- Reps. Hamilton, G. R. Smith, Haskins, Bedingfield, Leach, Shoopman, Allen, Bannister, Cato, Hiott, Loftis, Owens, Rice, Taylor and F. N. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-6-125 SO AS TO REQUIRE A LOCAL HEARING TO BE HELD BY THE DEPARTMENT OF REVENUE WHEN A LIQUOR LICENSE IS APPLIED FOR TO ALLOW A PERSON TO FILE A PROTEST IN THE COUNTY WHERE THE PERMIT IS SOUGHT; AND TO AMEND SECTION 61-4-520, AS AMENDED, RELATING TO REQUIREMENTS FOR RETAIL BEER AND WINE PERMITS, SO AS TO ADD THAT A LOCAL HEARING MUST BE HELD BY THE DEPARTMENT OF REVENUE SO THAT A PERSON MAY FILE A PROTEST IN THE COUNTY WHERE THE PERMIT IS SOUGHT.
Referred to Committee on Judiciary
S. 463 (Word version) -- Senators Leatherman, Alexander, Verdin, Short, Setzler, Vaughn and Elliott: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 16, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO BENEFITS AND FUNDING OF PUBLIC EMPLOYEE PENSION PLANS IN THIS STATE AND THE INVESTMENTS ALLOWED FOR FUNDS OF THE VARIOUS STATE-OPERATED RETIREMENT SYSTEMS, SO AS TO PROVIDE THAT THE FUNDS OF ANY TRUST FUND ESTABLISHED BY LAW FOR THE FUNDING OF POST-EMPLOYMENT BENEFITS FOR STATE EMPLOYEES AND PUBLIC SCHOOL TEACHERS MAY BE INVESTED AND REINVESTED IN EQUITY SECURITIES SUBJECT TO THE SAME LIMITATIONS ON SUCH INVESTMENTS APPLICABLE FOR THE FUNDS OF THE VARIOUS STATE-OPERATED RETIREMENT SYSTEMS.
Referred to Committee on Ways and Means
S. 584 (Word version) -- Senators Campsen, Bryant, Hayes, Williams, Cromer, Elliott, Thomas, Mescher, Verdin, Martin and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-3-240 TO ENACT THE "FAMILY COURT FINANCIAL PRIVACY ACT" SO AS TO PROVIDE THAT A FINANCIAL DECLARATION MADE A PART OF THE RECORD IN A MATTER BEFORE THE FAMILY COURT MUST BE SEALED, TO PROVIDE ACCESS TO A FINANCIAL DECLARATION UPON REQUEST ONLY BY THE PARTIES, THE COURT AND PERSONNEL OF THE COURT, AND THE CHILD SUPPORT ENFORCEMENT DIVISION OF THE DEPARTMENT OF SOCIAL SERVICES, AND TO PROHIBIT OTHER ACCESS EXCEPT UPON ORDER OF THE COURT FOR GOOD CAUSE SHOWN; AND TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO EXEMPTIONS FROM THE FREEDOM OF INFORMATION ACT, SO AS TO EXEMPT FINANCIAL DECLARATIONS IN MATTERS BEFORE THE FAMILY COURT EXCEPT ON ORDER OF THE COURT FOR GOOD CAUSE SHOWN.
Referred to Committee on Judiciary
The following was introduced:
H. 4052 (Word version) -- Reps. Simrill, Lucas, G. M. Smith, Stavrinakis and Thompson: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND MRS. IRBY H. SCHULTZ OF LEXINGTON COUNTY ON HER REMARKABLE LIFETIME OF OUTSTANDING SERVICE TO THE FIELD OF POLITICS AND THE REPUBLICAN PARTY.
The Resolution was adopted.
The following was introduced:
H. 4053 (Word version) -- Reps. Huggins, 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, 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 AND CONGRATULATE IRMO HIGH SCHOOL HEAD COACH PHIL SAVITZ ON REACHING HIS RECORD-SETTING FIVE HUNDREDTH SOCCER WIN AND ON THEREBY MAKING SOUTH CAROLINA SPORTS HISTORY.
The Resolution was adopted.
The following was introduced:
H. 4054 (Word version) -- Reps. Huggins, 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, 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 CONGRATULATE AND HONOR RONALD M. (RON) JOYE OF LEXINGTON COUNTY FOR HIS OUTSTANDING THIRTY-THREE YEAR CAREER IN STATE GOVERNMENT AND FOR HIS DISTINGUISHED SERVICE WITH THE DEPARTMENT OF TRANSPORTATION UPON HIS RETIREMENT.
Whereas, the members of the General Assembly have learned with regret that one of South Carolina's most delightful and capable public servants, Ron Joye, has retired from state government after an outstanding thirty-three year career; and
Whereas, Ronald Milton Joye was born in Hemingway on August 17, 1950, and after graduating from Hemingway High School, attended Palmer Junior College and received a bachelor's degree from The University of South Carolina; and
Whereas, he has retired from the South Carolina Department of Transportation after thirty-three years of distinguished service, the last eighteen of which were spent as Special Assistant to the Executive Director of the Department; and
Whereas, for many years Ron was known as the voice of the Highway Department in the halls of the State House and his knowledge, warmth, and friendly demeanor endeared him to all those with whom he came into contact; and
Whereas, he was awarded the Order of the Palmetto by Governor David Beasley and continues to be active in his church and in his community, gaining a county-wide reputation in Lexington County for his service as the emcee of the Friday Night Street Dance of the Irmo Okra Strut while dressed in a tuxedo jacket and bermuda shorts; and
Whereas, he and his lovely wife Deborah are the proud parents of two delightful daughters, Erika Weed Joye and Emily Anne Joye; and
Whereas, the members of the General Assembly, by this resolution, would like to publicly recognize and thank Ron Joye for his many contributions to the people of South Carolina and the growth and development of our State upon the occasion of his retirement from state government. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of South Carolina, by this resolution, congratulate and honor Ronald M. (Ron) Joye of Lexington County for his outstanding thirty-three year career in state government and for his distinguished service with the Department of Transportation upon his retirement.
Be it further resolved that a copy of this resolution be presented to Ronald M. Joye.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. EDGE, with unanimous consent, the following was taken up for immediate consideration:
H. 4061 (Word version) -- Rep. Edge: A HOUSE RESOLUTION TO HONOR AL JARDINE AND DAVID MARKS OF THE ORIGINAL BEACH BOYS AND DEAN TORRENCE OF JAN AND DEAN AS THEY ARE RECOGNIZED FOR THEIR CONTRIBUTIONS TO POP MUSIC, SIGNIFICANTLY THE WEST COAST VERSION OF BEACH MUSIC, BY BEING INDUCTED AS NEW MEMBERS OF THE MUSIC HALL OF FAME IN NORTH MYRTLE BEACH, ON MAY 12, 2007, WHICH IS "THE BEACH BOYS' AL JARDINE AND DAVID MARKS AND JAN AND DEAN'S DEAN TORRENCE DAY" IN SOUTH CAROLINA.
Whereas, Al Jardine began his musical career in 1961 as a founding member and lead singer of The Beach Boys, a group that marketed a new sound blending Chuck Berry rhythms and Four Freshmen harmony; and
Whereas, David Marks was an original member of the early Beach Boys, and his voice is heard on "Surfin' Safari" and "409"; and
Whereas, Dean Torrence paired with Jan Berry to form Jan and Dean, a convert to the new West Coast surf music sound in 1962; and
Whereas, decades later, the Beach Boys and Jan and Dean have scores of Billboard hits to their credits; and
Whereas, their songs have played an enduring role in the youthful memories of several generations of South Carolinians; and
Whereas, the State of South Carolina is well known for its diverse culture of music, and is particularly noted for its Music Hall of Fame in North Myrtle Beach, recognizing rock and roll, rhythm and blues, and our own version of beach music. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives of the State of South Carolina, by this resolution, honor Al Jardine and David Marks of the original Beach Boys and Dean Torrence of Jan and Dean as they are recognized for their contributions to pop music, significantly the West Coast version of beach music, by being inducted as new members of the Music Hall of Fame in North Myrtle Beach, on May 12, 2007, which is "The Beach Boys' Al Jardine and David Marks and Jan and Dean's Dean Torrence Day" in South Carolina.
Be it further resolved that a copy of this resolution be forwarded to Al Jardine, David Marks, and Dean Torrence.
The Resolution was adopted.
The Senate sent to the House the following:
S. 740 (Word version) -- Senator Alexander: A CONCURRENT RESOLUTION HONORING GEORGE DUCWORTH UPON THE OCCASION OF HIS RETIREMENT FROM THE WIL LOU GRAY OPPORTUNITY SCHOOL BOARD OF TRUSTEES, THANKING HIM FOR DECADES OF CIVIL SERVICE, AND WISHING HIM MUCH SUCCESS AND GOOD FORTUNE IN THE FUTURE.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The roll call of the House of Representatives was taken resulting as follows:
Agnew Alexander Allen Anderson Anthony Bales Ballentine Battle Bedingfield Bingham Bowen Bowers Brady Branham Brantley Breeland G. Brown R. Brown Cato Ceips Chalk Chellis Clemmons 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 Mack Mahaffey McLeod Merrill Miller Mitchell Moss Mulvaney J. M. Neal Ott Owens Perry Pinson E. H. Pitts M. A. Pitts Rice Sandifer Scarborough Scott Shoopman Simrill Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith Spires Stavrinakis Talley Taylor Thompson Toole Umphlett Viers Walker Weeks White Whitmire Williams Witherspoon Young
I came in after the roll call and was present for the Session on Wednesday, May 9.
Bakari Sellers Jackson "Seth" Whipper Ted Vick Denny Neilson Doug Smith James Lucas Bruce Bannister Fletcher Smith Joseph Neal Barfield
LEAVE OF ABSENCE
The SPEAKER granted Rep. CLYBURN a leave of absence for the day due to medical reasons.
The SPEAKER granted Rep. RICE a leave of absence for the remainder of the day.
Rep. BOWERS signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, May 8.
Rep. OTT presented to the House the Calhoun County High School Boys Basketball Team, the Class A Champions, their coaches and other school officials.
Rep. G. BROWN presented to the House the Lee Central Comprehensive High School Stallions Boys Basketball Team, the Class AA Champions, their coaches and other school officials.
Rep. G. BROWN presented to the House the Lee Central Comprehensive High School Lady Stallions Basketball Team, the Class AA 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. 3066 (Word version)
Date: ADD:
05/09/07 WHIPPER
Bill Number: H. 3098 (Word version)
Date: ADD:
05/09/07 MULVANEY
Bill Number: H. 3964 (Word version)
Date: ADD:
05/09/07 MAHAFFEY
Bill Number: H. 3964 (Word version)
Date: ADD:
05/09/07 LITTLEJOHN
Bill Number: H. 3989 (Word version)
Date: ADD:
05/09/07 MULVANEY
Bill Number: H. 4060 (Word version)
Date: ADD:
05/09/07 F. N. SMITH
Bill Number: H. 4028 (Word version)
Date: ADD:
05/09/07 SPIRES
Rep. PINSON moved to adjourn debate upon the following Bill, which was adopted:
H. 3319 (Word version) -- Reps. M. A. Pitts, Pinson and Parks: A BILL TO AMEND ACT 595 OF 1994, RELATING TO THE MANNER IN WHICH MEMBERS OF THE BOARD OF TRUSTEES OF GREENWOOD SCHOOL DISTRICT 50 ARE ELECTED, SO AS TO CHANGE THE FILING PERIOD FROM SEPTEMBER TO AUGUST.
The following Bill was taken up:
S. 174 (Word version) -- Senator Elliott: A BILL TO AMEND ACT 452 OF 2000, RELATING TO PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE HORRY COUNTY TRANSPORTATION COMMITTEE, SO AS TO PROVIDE THAT THE CHAIRMAN OF THE HORRY COUNTY TRANSPORTATION COMMITTEE MUST BE PAID AN ADDITIONAL SEVENTY-FIVE DOLLARS FOR EACH MEETING AT WHICH HE IS IN ATTENDANCE.
Rep. EDGE proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\22888AB07), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 1 of Act 452 of 2000 is amended to read:
"Section 1. Notwithstanding any other provision of law, each member of the Horry County Transportation Committee, in performance of his duties, must be allowed and paid from Horry County 'C' fund revenues seventy-five one hundred dollars for each meeting at which he is in attendance. However, the Chairman of the Horry County Transportation Committee must be allowed and paid from Horry County 'C' fund revenues an additional one hundred dollars for each meeting at which he is in attendance."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. EDGE explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. EDGE, with unanimous consent, it was ordered that S. 174 (Word version) be read the third time Friday.
The following Bills were taken up, read the third time, and ordered sent to the Senate:
H. 3820 (Word version) -- Reps. Cato, Viers, Clemmons, Bales, Hardwick, Miller, Haley, Perry, Leach, Anderson, Witherspoon, Barfield, Battle, Dantzler, Edge, Herbkersman and Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING THE "OMNIBUS COASTAL PROPERTY INSURANCE REFORM ACT OF 2007"; BY ADDING ARTICLE 11 TO CHAPTER 6, TITLE 12 SO AS TO ALLOW AN INSURANCE POLICYHOLDER TO ESTABLISH A CATASTROPHE SAVINGS ACCOUNT, TO DEFINE QUALIFIED CATASTROPHE SAVINGS EXPENSES AND QUALIFIED DEDUCTIBLE, AND TO ALLOW A TAXPAYER TO CLAIM A CREDIT AGAINST THE STATE INCOME TAX FOR DEPOSITS MADE INTO A CATASTROPHE SAVINGS ACCOUNT; BY ADDING SECTION 12-6-3660 SO AS TO ALLOW A TAXPAYER TO CLAIM A CREDIT AGAINST THE STATE INCOME TAX FOR COSTS INCURRED TO RETROFIT A LEGAL RESIDENCE TO MAKE IT MORE RESISTANT TO LOSS DUE TO HURRICANE, RISING WATER, OR OTHER CATASTROPHIC WIND EVENT; BY ADDING SECTION 12-6-3670 SO AS TO ALLOW A TAXPAYER TO CLAIM A CREDIT AGAINST THE STATE INCOME TAX EQUAL TO THE INSURANCE PREMIUM COSTS INCURRED BY THE TAXPAYER; TO AMEND SECTION 12-36-910, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO ALLOW A THREE PERCENT SALES TAX ON SPECIFIED BUILDING MATERIALS USED ON HOMES TO MITIGATE DAMAGE FROM WIND; TO DESIGNATE SECTIONS 38-3-10 THROUGH 38-3-240 AS ARTICLE 1, CHAPTER 3, TITLE 38 AND ENTITLED "GENERAL PROVISIONS"; BY ADDING ARTICLE 3 TO CHAPTER 3, TITLE 38 SO AS TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF INSURANCE HAS AUTHORITY TO ISSUE GENERAL ORDERS APPLICABLE TO ALL INSURANCE COMPANIES AFTER THE GOVERNOR DECLARES A STATE OF EMERGENCY; TO PROVIDE THAT THE DEPARTMENT BY ORDER, MAY ADOPT ANY RULE THAT FACILITATES RECOVERY FROM THE EMERGENCY; TO PROVIDE THAT THE DEPARTMENT SHALL ADOPT RULES STANDARDIZING REQUIREMENTS THAT MAY BE APPLIED TO INSURERS AFTER A HURRICANE, ADDRESSING CLAIMS REPORTING REQUIREMENTS, GRACE PERIODS FOR PAYMENT OF PREMIUMS, TEMPORARY POSTPONEMENT OF CANCELLATIONS AND NONRENEWAL, AND ANY OTHER RULE THE DIRECTOR CONSIDERS NECESSARY; BY ADDING SECTION 38-7-200 SO AS TO ALLOW TAX CREDIT INCENTIVES TO INSURANCE COMPANIES THAT PROVIDE FULL INSURANCE COVERAGE TO PROPERTY OWNERS ALONG THE COAST OF SOUTH CAROLINA, SPECIFYING THE AMOUNT OF THE CREDIT, AND ALLOWING UNUSED CREDITS TO BE APPLIED IN SUCCEEDING TAXABLE YEARS UNDER CERTAIN CIRCUMSTANCES; BY ADDING SECTION 38-75-755 SO AS TO REQUIRE INSURERS TO DISCLOSE ALL AVAILABLE DISCOUNTS TO THE INSURED; TO AMEND SECTION 38-73-260, AS AMENDED, SO AS TO CLARIFY THAT RATES FALLING WITHIN THE SEVEN PERCENT FLEX-BAND LIMITATION REMAIN SUBJECT TO THE PROHIBITION AGAINST RATES NOT BEING EXCESSIVE, INADEQUATE, OR UNFAIRLY DISCRIMINATORY AND THAT THE DEPARTMENT MAY CONSIDER THE RATE IMPACT ON INDIVIDUALS AND TERRITORIES WHEN DETERMINING WHETHER A RATE IS EXCESSIVE, INADEQUATE, OR UNFAIRLY DISCRIMINATORY; TO AMEND SECTION 38-73-1095, RELATING TO ESSENTIAL PROPERTY INSURANCE AND RATING PLAN FACTORS, SO AS TO PROVIDE DISCOUNTS FOR RETROFITTING PROPERTY; TO AMEND ARTICLE 5, CHAPTER 75, TITLE 38, RELATING TO WINDSTORM AND HAIL INSURANCE, SO AS TO CLARIFY THE DEFINITIONS OF INSURABLE PROPERTY AND COASTAL AREA RELATING TO ELIGIBILITY FOR COVERAGE BY THE SOUTH CAROLINA WIND AND HAIL UNDERWRITING ASSOCIATION; TO CLARIFY THE PURPOSE OF ARTICLE 5; TO CLARIFY THAT THE SOUTH CAROLINA WIND AND HAIL UNDERWRITING ASSOCIATION SHALL PROVIDE WIND AND HAIL INSURANCE FOR RESIDENTIAL AND COMMERCIAL PROPERTY TO APPLICANTS UNABLE TO PROCURE IT IN THE COASTAL AREAS OF THIS STATE; TO PROVIDE INFORMATION THAT MUST BE ADDRESSED IN THE PLAN OF OPERATION; TO MAKE TECHNICAL CHANGES; TO PROVIDE FOR ADDITIONAL GENERAL CORPORATE POWERS AND DUTIES FOR THE SOUTH CAROLINA WIND AND HAIL UNDERWRITING ASSOCIATION; TO PROVIDE THAT RATES CHARGED BY THE SOUTH CAROLINA WIND AND HAIL UNDERWRITING ASSOCIATION BE ESTABLISHED AT A SELF-SUSTAINING LEVEL; TO PROVIDE OBJECTIVE STANDARDS FOR EXPANDING THE TERRITORY COVERED BY THE SOUTH CAROLINA WIND AND HAIL UNDERWRITING ASSOCIATION; TO AMEND ARTICLE 8, CHAPTER 75, TITLE 38, RELATING TO THE ADVISORY COMMITTEE TO THE DIRECTOR AND THE SOUTH CAROLINA BUILDING CODES COUNCIL AND LOSS MITIGATION GRANT PROGRAM, SO AS TO MODIFY THE MEMBERSHIP OF THE ADVISORY COMMITTEE AND TO CLARIFY THAT THE CONTINUED EXISTENCE OF THE PROGRAM IS SUBJECT TO ANNUAL LEGISLATIVE APPROPRIATIONS; TO CLARIFY THAT THE PURPOSE IS TO PROVIDE FOR ONGOING TRAINING FOR INSPECTORS AND FOR OTHER PURPOSES CONSISTENT WITH THE ARTICLE; TO ESTABLISH THE "SOUTH CAROLINA HURRICANE GRANT DAMAGE MITIGATION PROGRAM" WHICH PROVIDES FOR A GRANT PROGRAM FOR THE MITIGATION OF DAMAGE TO OR THE ENHANCEMENT OF MANUFACTURED HOMES; TO PROVIDE FOR MATCHING GRANTS TO ENCOURAGE SINGLE-FAMILY SITE-BUILT HOMES TO RETROFIT TO REDUCE THE STRUCTURE'S VULNERABILITY TO A HURRICANE; TO PROVIDE MATCHING GRANT FUNDS TO LOCAL GOVERNMENTS FOR PROJECTS THAT REDUCE HURRICANE DAMAGE TO SINGLE-FAMILY SITE-BUILT RESIDENTIAL PROPERTY; TO PROVIDE THAT IN ADDITION TO STATE APPROPRIATIONS AND OTHER POTENTIAL GRANT FUNDS, THE PREMIUM TAXES PAID BY THE SOUTH CAROLINA WIND AND HAIL UNDERWRITING ASSOCIATION AND ONE PERCENT OF THE COMMISSIONS PAID TO PRODUCERS MUST BE USED TO FUND THIS PROGRAM ANNUALLY; TO AMEND SECTION 38-75-1140, RELATING TO THE EVALUATION OF NATURAL HAZARD CATASTROPHE MODELS AND REQUIREMENTS FOR MODELING ORGANIZATIONS, SO AS TO REQUIRE MODELERS TO PROVIDE THE DEPARTMENT WITH A LIST OF VARIABLES THAT ARE SUBJECT TO INSURER INPUT WITH THEIR FILING AND TO PROVIDE THAT THE DEPARTMENT MAY IMPOSE A FEE ON MODELERS AND INSURERS TO RECOVER THE COSTS OF EVALUATING HURRICANE MODELS; AND TO AMEND SECTION 38-75-1160, RELATING TO NOTICE REQUIREMENTS AND EXCEPTIONS BEFORE CANCELLATION OR REFUSAL TO RENEW A POLICY OF INSURANCE, SO AS TO INCREASE THE TIME PERIOD FOR NOTIFYING AN INSURED OF THE CANCELLATION OR REFUSAL TO RENEW A POLICY OF INSURANCE.
H. 3880 (Word version) -- Reps. W. D. Smith, Hagood, Mitchell and McLeod: A BILL TO AMEND ARTICLE 7, CHAPTER 56, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BROWNFIELDS/VOLUNTARY CLEANUP PROGRAM, SO AS TO REVISE THE LIABILITY PROTECTION PROVIDED TO PARTIES WHO ARE NOT RESPONSIBLE FOR ENVIRONMENTAL CONTAMINATION OF PROPERTY AND WHO SUBSEQUENTLY BECOME RESPONSIBLE FOR THE PROPERTY; TO FURTHER SPECIFY THE SCOPE OF A COVENANT NOT TO SUE PROVIDED TO PARTIES WHO ARE RESPONSIBLE FOR ENVIRONMENTAL CONTAMINATION OF PROPERTY; TO SPECIFY THAT PROPERTY ON TO WHICH A RELEASE OF PETROLEUM PRODUCTS OCCURRED IS PROPERTY ELIGIBLE FOR PARTICIPATION IN THIS VOLUNTARY CLEANUP PROGRAM; TO FURTHER SPECIFY THE CONTENTS OF A VOLUNTARY CLEANUP CONTRACT AND GROUNDS FOR TERMINATION OF THE CONTRACT; TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO REPORT TO THE GENERAL ASSEMBLY ON THE ACTIVITIES OF THIS PROGRAM; AND TO CONFORM PROVISIONS IN THIS ARTICLE TO THE REVISIONS MADE PURSUANT TO THIS ACT.
The following Bill was taken up, read the second time, and ordered to a third reading:
H. 4015 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND SECTION 39-5-38, RELATING TO DECEPTIVE OR MISLEADING ADVERTISEMENT OF A LIVE MUSICAL PERFORMANCE, SO AS TO DEFINE A SOUND RECORDING, AND TO PROVIDE CERTAIN EXEMPTIONS, REMEDIES, AND A FINE.
Rep. G. M. SMITH explained the Bill.
On motion of Rep. G. M. SMITH, with unanimous consent, it was ordered that H. 4015 (Word version) be read the third time Friday.
Rep. WHITMIRE moved to adjourn debate upon the following Joint Resolution until Tuesday, May 15, which was adopted:
S. 702 (Word version) -- Education Committee: A JOINT RESOLUTION TO PROVIDE THAT FOR THE PURPOSE OF TEACHER CONTRACTS NEGOTIATED FOR THE 2007-2008 SCHOOL YEAR, DATES FOR COMPLETING CERTAIN REQUIREMENTS ARE EXTENDED FOR ONE YEAR.
The following Bill was taken up:
H. 4028 (Word version) -- Reps. Mitchell, Whipper, Loftis, F. N. Smith, Allen, Davenport, Alexander, R. Brown, Mack and Spires: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 TO CHAPTER 117, TITLE 44 SO AS TO AUTHORIZE AND ESTABLISH THE PROCEDURES FOR ELECTRONIC PRESCRIPTION PROCESSING, INCLUDING, AMONG OTHER THINGS, CONTENTS OF THE PRESCRIPTION, ACCEPTABLE METHODS OF ELECTRONIC PRESCRIPTION TRANSMISSION, CRITERIA AND SAFEGUARDS FOR THE ELECTRONIC EQUIPMENT UTILIZED TO ELECTRONICALLY TRANSMIT THESE PRESCRIPTIONS, PATIENT CONFIDENTIALITY, AND SANCTIONS FOR VIOLATIONS.
Reps. SPIRES, CRAWFORD and MITCHELL proposed the following Amendment No. 3 (Doc Name COUNCIL\AGM\ 18813MM07), which was adopted:
Amend the bill, as and if amended, Section 44-117-320(C)(1) as found in SECTION 1, page 3, by adding at the end of subitem (1) after the word / article / on line 32 the following:
/ ; except that a routing company shall provide its tax identification number to the Board of Pharmacy before offering its services in this State / .
Amend the bill further, Section 44-117-340(A) as found in SECTION 1, page 4, by deleting after the word / orders / on line 20 the following:
/ including, but not limited to, generic substitution, maintenance of records, and information required by law / .
Amend the bill further, Section 44-117-360 as found in SECTION 1, page 5, by deleting Section 44-117-360 in its entirety and inserting:
/ Section 44-117-360. To maintain the confidentiality and integrity of confidential information, the computer system must have adequate security and system safeguards designed to prevent and detect unlawful access, modifications, or manipulation of patient records. /
Renumber sections to conform.
Amend title to conform.
Rep. SPIRES explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. SPIRES, with unanimous consent, it was ordered that H. 4028 (Word version) be read the third time Friday.
Rep. WITHERSPOON moved to adjourn debate upon the following Bill, which was adopted:
H. 4020 (Word version) -- Rep. Barfield: A BILL TO AMEND SECTION 59-136-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEETINGS OF THE BOARD OF TRUSTEES OF COASTAL CAROLINA UNIVERSITY, SO AS TO DELETE THE REQUIREMENT THAT THE BOARD ONLY MEET IN CONWAY, AND TO ADD SECTION 59-136-160 SO AS TO PROVIDE THAT ALL PROPERTY, REAL AND PERSONAL, AND RIGHTS OF EVERY DESCRIPTION VESTED IN THE UNIVERSITY SHALL BE VESTED IN "COASTAL CAROLINA UNIVERSITY".
Rep. WITHERSPOON moved to adjourn debate upon the following Bill, which was adopted:
H. 4029 (Word version) -- Rep. Barfield: A BILL TO AMEND ACT 114 OF 1959, AS AMENDED, RELATING TO THE HORRY COUNTY HIGHER EDUCATION COMMISSION, SO AS TO REVISE THE MANNER IN WHICH MEMBERS OF THE COMMISSION ARE APPOINTED, TO FURTHER PROVIDE FOR WHERE THE COMMISSION WILL MEET, AND TO REVISE OR DELETE OBSOLETE LANGUAGE.
The following Bill was taken up:
S. 657 (Word version) -- Senators Peeler, Alexander, Lourie, Setzler, Matthews, Hayes, Land, Pinckney, Courson, Fair, McGill and Short: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 110 TO TITLE 59 SO AS TO ENACT THE "SOUTH CAROLINA CRITICAL NEEDS NURSING INITIATIVE ACT" INCLUDING PROVISIONS ESTABLISHING THE CRITICAL NEEDS NURSING INITIATIVE FUND, TO IMPROVE THE NUMBER OF QUALIFIED NURSES IN THIS STATE BY PROVIDING NURSING FACULTY SALARY ENHANCEMENTS, CREATING NEW FACULTY POSITIONS, PROVIDING FOR ADDITIONAL NURSING STUDENT SCHOLARSHIPS, LOANS, AND GRANTS, ESTABLISHING THE OFFICE FOR HEALTH CARE WORKFORCE RESEARCH TO ANALYZE HEALTH CARE WORKFORCE SUPPLY AND DEMAND, AND PROVIDING FOR THE USE OF SIMULATION TECHNOLOGY AND EQUIPMENT IN THE EDUCATION OF NURSES.
Rep. HOSEY made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
On motion of Rep. HARVIN, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works:
H. 3890 (Word version) -- Reps. Harvin and Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-23-825 SO AS TO PROVIDE THAT THE TOWN OF SUMMERTON MAY MOW BEYOND THIRTY FEET FROM THE PAVEMENT ROADSIDE VEGETATION ADJACENT TO THE INTERCHANGES OF INTERSTATE HIGHWAY 95 AND S14-102 (EXIT 108) IN CLARENDON COUNTY.
On motion of Rep. HARRISON, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Judiciary:
S. 661 (Word version) -- Senators Gregory, Campsen and Ford: A JOINT RESOLUTION TO EXTEND UNTIL MAY 31, 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.
The Veto on the following Act was taken up:
(R36) H. 3509 (Word version) -- Reps. Mitchell, Whipper, Parks, Haley, Hodges, J. H. Neal, Bedingfield, F. N. Smith, Gullick, Pinson, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowen, 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, Funderburk, Gambrell, Govan, Hagood, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Moss, Neilson, Ott, Owens, Perry, Phillips, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Skelton, D. C. Smith, G. M. Smith, G. R. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Vick, Viers, Walker, Williams, Witherspoon, Young, Bowers, J. M. Neal, Loftis, Simrill, White, Mulvaney, Whitmire, Frye and Weeks: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 22 TO TITLE 31 TO ENACT THE "WILLIAM C. MESCHER LOCAL HOUSING TRUST FUND ENABLING ACT", TO MAKE CERTAIN FINDINGS BY THE GENERAL ASSEMBLY, TO DEFINE CERTAIN TERMS, AND TO ALLOW A LOCAL GOVERNMENT TO CREATE AND OPERATE A "LOCAL HOUSING TRUST FUND" OR A "REGIONAL HOUSING TRUST FUND".
Rep. MITCHELL explained the Veto.
The question was put, shall the Act become a part of the law, the Veto of his Excellency, the Governor to the contrary notwithstanding, 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 Clemmons Cobb-Hunter Coleman Cooper Cotty Crawford Dantzler Davenport Duncan Edge Frye Funderburk Gambrell Govan Gullick Hagood Haley Hamilton Hardwick Harrell Hart Harvin Haskins Hayes Herbkersman Hiott Hodges Hosey Huggins Jefferson Jennings Kelly Kennedy Kirsh Knight Leach Limehouse Littlejohn Lowe Lucas Mack Mahaffey Miller Mitchell Moss Mulvaney J. M. Neal Neilson Owens Pinson E. H. Pitts M. A. Pitts Sandifer Scarborough Scott Sellers Skelton D. C. Smith G. R. Smith J. R. Smith W. D. Smith Spires Stavrinakis Talley Taylor Thompson Toole Umphlett Vick Viers Walker Weeks Whipper White Whitmire Williams Witherspoon
Those who voted in the negative are:
Chellis Delleney Perry Simrill Young
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The Veto on the following Act was taken up:
(R33) H. 3115 (Word version) -- Rep. Pinson: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-325 SO AS TO AUTHORIZE A SPECIAL PURPOSE DISTRICT WHICH ONLY PROVIDES SEWAGE COLLECTION AND DISPOSAL SERVICES TO UTILIZE ANY METHOD OF FINANCING AUTHORIZED BY LAW FOR THE CONSTRUCTION OF SEWER LATERAL COLLECTION LINES.
Rep. PINSON explained the Veto.
The question was put, shall the Act become a part of the law, the Veto of his Excellency, the Governor to the contrary notwithstanding, 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 Coleman Cotty Dantzler Delleney Duncan Edge Funderburk Gambrell Govan Gullick Haley Hamilton Hardwick Harrell Hart Harvin Haskins Hayes Hiott Hodges Hosey Huggins Jefferson Kelly Kennedy Kirsh Knight Leach Littlejohn Lowe Lucas Mack Miller Mitchell Moss Mulvaney J. M. Neal Neilson Pinson E. H. Pitts M. A. Pitts Rutherford Sandifer Scarborough Sellers Simrill Skelton D. C. Smith F. N. Smith G. M. Smith G. R. Smith J. R. Smith Spires Talley Taylor Thompson Toole Umphlett Vick Viers Walker Weeks Whipper White Whitmire Witherspoon Young
Those who voted in the negative are:
Hagood Mahaffey Perry Stavrinakis
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The Senate Amendments to the following Bill were taken up for consideration:
H. 3466 (Word version) -- Reps. Umphlett, Hinson, E. H. Pitts, Haley, Ballentine, Huggins, Vick, Agnew, Anderson, Battle, Bingham, R. Brown, Cato, Ceips, Chellis, Cobb-Hunter, Dantzler, Duncan, Funderburk, Hagood, Harvin, Herbkersman, Jefferson, Jennings, Knight, Limehouse, Lowe, Mahaffey, Merrill, Miller, Ott, Owens, Parks, Pinson, M. A. Pitts, Sandifer, Scarborough, Scott, Sellers, Simrill, Spires, Stavrinakis, Taylor, White, Whitmire, Williams, Toole, Bowen, Gullick, Hodges and Crawford: A BILL TO AMEND TITLE 49, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATER, WATER RESOURCES, AND DRAINAGE, BY ADDING CHAPTER 30 SO AS TO ENACT THE "PUBLIC WATERS NUISANCE ABATEMENT ACT" WHICH PERMITS THE DEPARTMENT OF NATURAL RESOURCES TO REMOVE OR REQUIRE THE REMOVAL OF CERTAIN STRUCTURES FROM THE PUBLIC WATERS OF THIS STATE UNDER SPECIFIED CONDITIONS, TO PROVIDE PENALTIES FOR VIOLATION, TO PROVIDE FOR AUTHORITY OF THE ATTORNEY GENERAL AND A MUNICIPALITY OR COUNTY TO DECLARE THESE STRUCTURES NUISANCES AND REQUIRE THEIR REMOVAL, AND TO PROVIDE, FURTHER, FOR A CIVIL ACTION BY A PRIVATE CITIZEN.
Rep. WITHERSPOON explained the Senate Amendments.
The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate Amendments to the following Concurrent Resolution were taken up for consideration:
H. 3987 (Word version) -- Rep. Phillips: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MAY 23, 2007, IMMEDIATELY FOLLOWING THE ELECTION OF A SUCCESSOR TO A CERTAIN SEAT OF THE SUPREME COURT AND COURT OF APPEALS AND SUCCESSORS TO CERTAIN SEATS OF CIRCUIT COURTS, AS THE DATE FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARDS OF TRUSTEES OF THE CITADEL, COASTAL CAROLINA UNIVERSITY, SOUTH CAROLINA STATE UNIVERSITY, AND WIL LOU GRAY OPPORTUNITY SCHOOL TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 2007, OR WHOSE POSITIONS OTHERWISE MUST BE FILLED; AND TO ESTABLISH A PROCEDURE REGARDING NOMINATIONS AND NOMINATING AND SECONDING SPEECHES FOR THE CANDIDATES FOR THESE OFFICES DURING THE JOINT SESSION.
Rep. SELLERS made the Point of Order that the Senate Amendments were improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Concurrent Resolution was taken up:
H. 3989 (Word version) -- Reps. Davenport, Haskins, Bedingfield, G. R. Smith, Ceips, Duncan, Littlejohn, Witherspoon, Agnew, Brantley, Chellis, Frye, Kelly, M. A. Pitts, Taylor, Young, Funderburk and Mulvaney: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO REPEAL OR DECLINE IMPLEMENTATION OF THE "REAL ID ACT OF 2005" AND TO OPPOSE THE CREATION OF A FEDERAL NATIONAL IDENTIFICATION CARD.
Whereas, the State of South Carolina recognizes the Constitution of the United States as our most fundamental charter of liberty and the Bill of Rights as affirming the fundamental and inalienable rights of Americans, including freedom from unreasonable searches and seizures and freedom of privacy; and
Whereas, the Constitution of the United States grants to the federal government the ability to make only seven mandates on the states, and that these mandates are the apportionment of troops for military needs, found in Section 8 of Article I; an unapportioned quota of money to balance the budget in times of deficit, found in Section 9 of Article I; an oath of office to support the Constitution, found in Article IV; the full faith and credit for the laws of other states, found in Section 1 of Article IV; the extradition of fugitives, found in Section 2 of Article IV; a republican form of government, found in Section 4 of Article IV; and the right of all qualified citizens to vote, found in Amendments XV, XIV, and XXIV; and that these seven mandates do not support the demands of the Real ID Act of 2005, found at Division B of Public Law 109-13 and signed by President George W. Bush on May 11, 2005; and
Whereas, the citizens of the individual states, having delegated to Congress by means of the Constitution of the United States the power to punish treason, counterfeiting of securities or currency of the United States, piracy or a felony committed on the high seas, and an offense against the law of a nation, but no other crimes; and it is true as a general principle and by an amendment to the Constitution that "powers not delegated to the United States by the Constitution, nor prohibited to it by the states, are reserved to the States respectively, or to the people," that the Real ID Act passed by Congress on February 10, 2005, is void and without force; and
Whereas, it is unconscionable for this State to submit to an act of Congress that exceeds the limited grant of power to the federal government and contained in the United States Constitution, especially when the act would infringe on a protected right of this State or its people; and
Whereas, the Real ID Act, by purportedly creating a national system of identification that connects banking, commerce, federal services, and other necessities of American life to the demand for this form of identification is viewed by numerous Americans of diverse Christian faiths as being diametrically opposed to their beliefs in scripture and their doctrines, the act also creates the very real potential for massive civil and religious rebellion, both openly and secretly, to the demand of the federal government for compliance with the Real ID Act; and
Whereas, no act of Congress should infringe on the rights of conscience for our pious and faithful citizens; and
Whereas, the State of South Carolina denounces terrorism in all forms and condemns all acts of terrorism by a foreign or domestic entity; and
Whereas, security measures designed to protect American citizens from terrorist acts must be designed to enhance the safety of American citizens without infringing on their constitutionally protected rights and liberties, and without being enacted outside the limited grant of power on Congress; and
Whereas, the Real ID Act purports without constitutional authority to allow the federal government to create a federal national identification card by mandating federal standards, subject to approval of the United States Department of Homeland Security, for state driver's licenses and other identification cards, and requiring states to share their motor vehicle databases; and
Whereas, the Real ID Act purports to mandate the documents that states must require to issue or renew a state driver's license and purports to require states to place uniform information in a standard, machine-readable format on every driver's license; and
Whereas, the Real ID Act prohibits federal agencies, federally regulated commercial airlines, and federally regulated private banks from accepting a driver's license or other identification card issued by a state that does not fully comply with the act; and
Whereas, the Real ID Act would, if implemented in the State of South Carolina, prove a very costly and long-term endeavor at the expense of the citizens of this State and their liberties; and
Whereas, the Real ID Act purports to require the creation of a massive public sector database that contains information on every citizen of the United States and that is accessible to all motor vehicle department employees and law enforcement officers nationwide, and that can be used to gather and manage information on United States citizens, and that this database is not the constitutionally sanctioned business or responsibility of state or federal government; and
Whereas, the Real ID Act enables the creation of additional massive private sector databases, combining both transactional information and driver's license information gained from scanning the machine-readable information contained on every driver's license converted to a Real ID; and
Whereas, these public and private databases are likely to contain numerous errors and inadvertently false information, creating hardships for Americans attempting to verify their identities when renewing a driver's license, board a commercial airplane, open an account with federally regulated private banks, or perform the numerous functions required to live a normal life in the United States; and
Whereas, the Federal Trade Commission estimates annually that approximately ten million citizens of the United States are victims of identity theft, and because identity thieves increasingly target motor vehicle departments, the Real ID Act might enable the crime of identity theft by making available from tens of thousands of locations certain personal information of all United States' citizens, including a person's signature, social security number, and birth date; and
Whereas, the Real ID Act requires a driver's license to contain a person's physical home address without an exception for a person without a physical home address, a person in particular danger such as a law enforcement officer, a judicial officer, or a victim of stalking or another form of criminal harassment; and
Whereas, the Real ID Act contains onerous record verification and retention provisions that place unreasonable burdens on motor vehicle division personnel and third parties required to locate and verify records; and
Whereas, the Real ID Act will place motor vehicle department staff on the front lines of immigration enforcement by requiring state employees to determine federal citizenship and immigration status, excessively burdening both foreign-born applicants and motor vehicle department staff; and
Whereas, the Real ID Act did not receive sufficient deliberation on the floors of the United States Senate and the United States House of Representatives, and did not receive a hearing by a congressional committee or a vote solely on its own merits, and was passed despite opposition by more than six hundred organizations; and
Whereas, the Real ID Act eliminates a process of negotiated rulemaking initiated under the Intelligence Reform and Terrorism Act of 2004, which convened federal, state, and local policymakers, privacy advocates, and industry experts to solve the problem of misuse of identity documents; and
Whereas, the Real ID Act provides no new security benefits in the proposed form of identification, and because individual state identification measures comprise fifty distinct types of identification, this new proposal diminishes the individual state identification measures to a single type while simultaneously increasing the amount of personal information contained in it, leaving it even more vulnerable to insider fraud, identification theft, counterfeit documentation, and database failure; and
Whereas, the federal government has intimated the potential loss of funding to a state that refuses to comply with the Real ID Act, the General Assembly of the State of South Carolina will not consider such threats as indicative of the federal government's general disregard for the liberty of the citizens of the United States; and
Whereas, it has also been intimated that the governments of Mexico and Canada would receive access to the databases created as a result of partnerships of our respective national governments under international treaties, consequently placing the personal information of the citizens of the United States at an increased risk of fraud, theft, or other unauthorized and potentially deleterious uses. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the South Carolina General Assembly memorialize Congress to repeal or decline implementation of the Real ID Act of 2005 and to oppose the creation of a federal national identification card.
Be it further resolved that a copy of this resolution be forwarded to the President of the United States, the Attorney General of the United States, the United States Congress, and the members of the South Carolina Congressional Delegation.
Rep. DAVENPORT explained the Resolution.
The Concurrent Resolution was adopted and sent to the Senate.
The following Concurrent Resolution was taken up:
H. 4012 (Word version) -- Reps. Agnew and Gambrell: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 28 IN ABBEVILLE COUNTY FROM THE MCCORMICK COUNTY LINE TO THE ANDERSON COUNTY LINE THE "173D AIRBORNE BRIGADE (SEP) SKY SOLDIERS MEMORIAL HIGHWAY VIETNAM 1965-1971" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS HIGHWAY THAT CONTAIN THE WORDS "173D AIRBORNE BRIGADE (SEP) SKY SOLDIERS MEMORIAL HIGHWAY VIETNAM 1965-1971".
Whereas, the 173D Airborne Brigade (Separate) was activated on the island of Okinawa, Japan on March 26, 1963; and
Whereas, the "Sky Soldier" as the Nationalist Chinese paratroopers called the 173D, made thousands of parachute jumps in a dozen countries. The brigade was the first United States Army ground combat unit sent to the Republic of South Vietnam in May 1965; and
Whereas, in combat operations in Vietnam, this group of brave soldiers was the first brigade to travel into "War Zone D" to destroy enemy base camps. The unit also fought battles in the iron triangle, conducted the only major combat parachute jump in the Tay Ninh area, and blocked North Vietnamese Army incursions during the bloodiest fighting of the war at "Dak To" during the summer and fall of 1967. In addition, elements of the brigade conducted an amphibious assault against the North Vietnamese Army and Viet Cong forces as part of an operation to clear the rice growing lowlands along the "Bong Song" Littoral; and
Whereas, the troopers of the 173D Airborne Brigade (SEP) wear their combat badges and decorations with pride. During more than six years of nearly continuous combat in Vietnam, the brigade earned fourteen campaign streamers and four unit citations; and
Whereas, the brigade had thirteen Congressional Medal of Honor recipients, over one hundred thirty Distinguished Service Cross recipients, and over six thousand Purple Heart recipients. Before the brigade was deactivated on January 14, 1972 at Fort Campbell, Kentucky, sadly, it had lost over one thousand seven hundred brave individuals during combat operations in Vietnam; and
Whereas, it is fitting and proper for the General Assembly to permanently recognize the heroism and sacrifices in defense of our freedom during the Vietnam War displayed by the individuals of the 173D by naming a portion of South Carolina Highway 28 in Abbeville County in their honor. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly, by this resolution, request that the Department of Transportation name the portion of South Carolina Highway 28 in Abbeville County from the McCormick County line to the Anderson County line the "173D Airborne Brigade (SEP) Sky Soldiers Memorial Highway Vietnam 1965-1971" and erect appropriate markers or signs along this highway that contain the words:
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.
The Concurrent Resolution was adopted and sent to the Senate.
The following Concurrent Resolution was taken up:
H. 4013 (Word version) -- Reps. Agnew and Gambrell: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 72 IN ABBEVILLE COUNTY FROM ITS INTERSECTION WITH SECONDARY HIGHWAY S-1-139 TO ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 28 "SERGEANT DANNY WILSON AND CONSTABLE DONNIE OUZTS MEMORIAL HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS HIGHWAY THAT CONTAIN THE WORDS "SERGEANT DANNY WILSON AND CONSTABLE DONNIE OUZTS MEMORIAL HIGHWAY".
Whereas, Deputy Sergeant Danny Wilson was thirty-seven years old when he tragically lost his life in the line of duty on December 8, 2003; and
Whereas, he was a seven and one-half year veteran of the Abbeville County Sheriff's Office; and
Whereas, a native of Calhoun Falls, Sergeant Wilson was a graduate of Calhoun Falls High School where he excelled as a student athlete; and
Whereas, he was a 1996 graduate of the South Carolina Criminal Justice Academy who served his country and State with distinction as a Staff Sergeant with the South Carolina National Guard for nineteen years; and
Whereas, he is survived by five children; Vatarus Tillman, Tanedra Norman, Tadiana Johnson, Destiny Wilson, and Brianna Polly; and
Whereas, Constable Donald "Donnie" McMurry Ouzts was sixty-three years old when he also tragically lost his life in the line of duty on December 8, 2003; and
Whereas, Constable Ouzts was a six and one-half year veteran of the Abbeville County Magistrate's office; and
Whereas, he was a native of Abbeville who was married for forty-three years to the former Jean Scott. They were blessed with two sons, Kevin and Chris, who both reside in Abbeville; and
Whereas, Constable Ouzts was a Class 3 graduate of the South Carolina Criminal Justice Academy who served his country with distinction with the Military Police in the United States Air Force; and
Whereas, it is fitting and proper to forever recognize the bravery and many years of service to their communities, this State, and nation of both Deputy Sergeant Danny Wilson and Constable Donald "Donnie" McMurry Ouzts by naming a portion of South Carolina Highway 72 in Abbeville County in their honor. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly, by this resolution, request that the Department of Transportation name the portion of South Carolina Highway 72 in Abbeville County from its intersection with secondary highway S-1-139 to its intersection with South Carolina Highway 28 "Sergeant Danny Wilson and Constable Donnie Ouzts Memorial Highway" and erect appropriate markers or signs along this portion of highway that contain the words:
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.
The Concurrent Resolution was adopted and sent to the Senate.
The following Concurrent Resolution was taken up:
H. 4031 (Word version) -- Rep. Bales: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE LOCATED AT THE INTERSECTION OF HAZELWOOD ROAD AND GARNERS FERRY ROAD IN RICHLAND COUNTY THE "JUDGE ROBERT BURNSIDE INTERCHANGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERCHANGE THAT CONTAIN THE WORDS "JUDGE ROBERT BURNSIDE INTERCHANGE".
Whereas, the Honorable Robert Henry Burnside was born on May 20, 1933 in Richland County, the son of James Allen and Margaret Kathleen Neeley Burnside; and
Whereas, he earned his Bachelor of Arts degree from Presbyterian College in 1957 and his Bachelor of Legal Letters in 1963 from the University of South Carolina; and
Whereas, he is married to Sara Burnside and is the proud father of three children; and
Whereas, from 1971 to 1976, he was a distinguished member of the South Carolina House of Representatives; and
Whereas, from 1980 to 1995, he served as a Family Court Judge who was known for his compassion and fairness during his tenure on the bench; and
Whereas, it is fitting and proper for the members of the General Assembly to forever recognize the many accomplishments of this son of South Carolina by naming an interchange in Richland County in his honor. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly, by this resolution, request the Department of Transportation name the interchange located at the intersection of Hazelwood Road and Garners Ferry Road in Richland County the "Judge Robert Burnside Interchange" and erect appropriate markers or signs at this interchange that contain the words "Judge Robert Burnside Interchange".
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.
The Concurrent Resolution was adopted and sent to the Senate.
The following Concurrent Resolution was taken up:
H. 4036 (Word version) -- Reps. Ceips, Chalk, Hodges, Brantley and Herbkersman: A CONCURRENT RESOLUTION TO MEMORIALIZE THE SOUTH CAROLINA CONGRESSIONAL DELEGATION AND THE GOVERNOR TO TAKE IMMEDIATE ACTION TO ADDRESS THE CRISIS IN BEAUFORT COUNTY RESULTING FROM THE TEMPORARY CLOSURE OF THE J. E. MCTEER BRIDGE FOLLOWING THE ACCIDENTAL DAMAGING OF THE BRIDGE.
Whereas, substantial damage recently sustained by the J. E. McTeer Bridge in Beaufort County resulted in its closure, consequently having a detrimental impact on Beaufort County; and
Whereas, the profoundly harmful impact of the bridge's closure has rippled throughout Beaufort County, impacting motorists traveling for medical emergencies, commercial purposes, leisure, or routine personal errands, and this severe impediment to travel will consequently have a tremendously negative impact on the health of Beaufort County's economy; and
Whereas, the imminent arrival of hurricane season in mere weeks means that any delay in addressing this concern could potentially jeopardize the safety of the Beaufort County's citizens and visitors; and
Whereas, immediate steps must be taken to declare a state of emergency in Beaufort County and alleviate the crisis imposed by the loss of the J. E. McTeer Bridge, including encouraging FEMA to begin work on an alternative evacuation route for the Beaufort area to ensure a safe evacuation in the event of a hurricane or other natural catastrophe; generally easing the burden on motorists, many of whom use the bridge to get to and from work and school; imploring the appropriate federal agencies, including the Army Corps of Engineers, to investigate the feasibility of constructing a temporary bridge and establishing ferry routes; re-routing all marine traffic from the Woods Bridge, mindful of the fact that the continued opening of the Woods Bridge to both commercial and personal boats would only exacerbate the traffic congestion experienced by thousands of citizens daily; and providing all local businesses with information concerning federal disaster aid programs. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly, by this resolution, request that the South Carolina Congressional Delegation and the Governor take immediate action to use all available resources to address the crisis in Beaufort County resulting from the temporary closure of the J. E. McTeer Bridge following the accidental damaging of the bridge.
Be it further resolved that a copy of this resolution be forwarded to the members of the South Carolina Congressional Delegation and the Governor.
The Concurrent Resolution was adopted and sent to the Senate.
Rep. LOWE moved that the House recur to the Morning Hour, which was agreed to.
The following was received:
Columbia, S.C., May 9, 2007
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 1:30 p.m. today for the purpose of ratifying Acts.
Very respectfully,
President
On motion of Rep. LOWE the invitation was accepted.
The following was received from the Senate:
Columbia, S.C., May 8, 2007
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H. 3620:
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.
Very respectfully,
President
On motion of Rep. COOPER, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. COOPER, EDGE and NEILSON to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received from the Senate:
Columbia, S.C., May 8, 2007
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H. 3471:
H. 3471 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE CONTINGENCY RESERVE FUND REVENUES.
Very respectfully,
President
On motion of Rep. COOPER, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. COOPER, EDGE and NEILSON to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 3319 (Word version) -- Reps. M. A. Pitts, Pinson and Parks: A BILL TO AMEND ACT 595 OF 1994, RELATING TO THE MANNER IN WHICH MEMBERS OF THE BOARD OF TRUSTEES OF GREENWOOD SCHOOL DISTRICT 50 ARE ELECTED, SO AS TO CHANGE THE FILING PERIOD FROM SEPTEMBER TO AUGUST.
H. 4029 (Word version) -- Rep. Barfield: A BILL TO AMEND ACT 114 OF 1959, AS AMENDED, RELATING TO THE HORRY COUNTY HIGHER EDUCATION COMMISSION, SO AS TO REVISE THE MANNER IN WHICH MEMBERS OF THE COMMISSION ARE APPOINTED, TO FURTHER PROVIDE FOR WHERE THE COMMISSION WILL MEET, AND TO REVISE OR DELETE OBSOLETE LANGUAGE.
Rep. BARFIELD explained the Bill.
On motion of Rep. M. A. PITTS, with unanimous consent, it was ordered that H. 3319 (Word version) be read the third time Friday.
On motion of Rep. BARFIELD, with unanimous consent, it was ordered that H. 4029 (Word version) be read the third time Friday.
The following Bill was taken up:
H. 4020 (Word version) -- Rep. Barfield: A BILL TO AMEND SECTION 59-136-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEETINGS OF THE BOARD OF TRUSTEES OF COASTAL CAROLINA UNIVERSITY, SO AS TO DELETE THE REQUIREMENT THAT THE BOARD ONLY MEET IN CONWAY, AND TO ADD SECTION 59-136-160 SO AS TO PROVIDE THAT ALL PROPERTY, REAL AND PERSONAL, AND RIGHTS OF EVERY DESCRIPTION VESTED IN THE UNIVERSITY SHALL BE VESTED IN "COASTAL CAROLINA UNIVERSITY".
Rep. BARFIELD explained the Bill.
Rep. BARFIELD moved to adjourn debate on the Bill until Tuesday, May 15, which was agreed to.
Rep. MOSS asked unanimous consent to recall H. 4005 (Word version) from the Committee on Ways and Means.
Rep. CRAWFORD objected.
Rep. DUNCAN asked unanimous consent to recall H. 3148 (Word version) from the Committee on Judiciary.
Rep. SCOTT objected.
Rep. LITTLEJOHN moved that upon the completion of the Ratification of Acts, the House stand adjourned, which was agreed to.
Rep. LITTLEJOHN moved that the House adjourn today to meet in Local Session at 10:00 a.m., on Friday, May 11, and to reconvene in Statewide Session on Tuesday, May 15, at 12:00 noon, which was agreed to.
At 1:30 p.m. the House attended in the Senate Chamber, where the following Acts and Joint Resolution were duly ratified:
(R40, S. 321 (Word version)) -- Senator Alexander: AN ACT TO AMEND SECTION 59-58-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE SOUTH CAROLINA NONPUBLIC POST-SECONDARY INSTITUTION LICENSE ACT, SO AS TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 59-58-30, RELATING TO EXCLUSIONS FROM THE DEFINITION OF A "NONPUBLIC EDUCATIONAL INSTITUTION" FOR PURPOSES OF THE ACT, SO AS TO PROVIDE FOR FURTHER EXCLUSIONS; AND TO AMEND SECTION 59-58-80, RELATING TO BONDS OR COLLATERAL FOR THE PROTECTION OF STUDENT TUITION AND FEES, SO AS TO FURTHER PROVIDE FOR THE PURPOSE FOR WHICH THE PROCEEDS OF A SURETY BOND AND MONIES IN THE TUITION GUARANTY FUND, RENAMED THE STUDENT RECOVERY FUND, MAY BE USED.
(R41, S. 348 (Word version)) -- Senators Hutto and Land: AN ACT TO AMEND TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISH, GAME, AND WATERCRAFT, SO AS TO ENACT "CHANDLER'S LAW" BY ADDING CHAPTER 26 SO AS TO PROVIDE FOR REGULATION OF THE OPERATION OF ALL-TERRAIN VEHICLES INCLUDING A REQUIREMENT THAT A PERSON FIFTEEN YEARS OLD OR YOUNGER WHO OPERATES AN ALL-TERRAIN VEHICLE MUST POSSESS A SAFETY CERTIFICATE INDICATING SUCCESSFUL COMPLETION OF AN ALL-TERRAIN VEHICLE SAFETY COURSE, AND MUST WEAR A SAFETY HELMET AND EYE PROTECTION WHEN OPERATING AN ATV, MAKING IT UNLAWFUL FOR A PARENT OR LEGAL GUARDIAN TO KNOWINGLY PERMIT HIS CHILD OR WARD UNDER AGE SIX TO OPERATE AN ATV, AND PROVIDING FURTHER RESTRICTIONS WHEN OPERATING AN ATV ON LANDS THAT ARE OPEN TO THE PUBLIC THAT ALLOW OPERATION OF AN ATV, TO PROVIDE THAT ALL-TERRAIN VEHICLES ARE EXEMPT FROM AD VALOREM TAXES BEGINNING WITH CALENDAR YEAR 2007, AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS; AND TO AMEND CHAPTER 3, TITLE 56, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 10A SO AS TO PROVIDE A PROCEDURE FOR THE TITLING OF ALL-TERRAIN VEHICLES.
(R42, S. 448 (Word version)) -- Senator Martin: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-360 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO TAKE OR ATTEMPT TO TAKE ELK AND TO PROVIDE PENALTIES FOR VIOLATION.
(R43, S. 576 (Word version)) -- Senators Drummond and O'Dell: AN ACT TO AMEND SECTION 7-7-290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN GREENWOOD COUNTY, SO AS TO REVISE AND ADD CERTAIN VOTING PRECINCTS OF GREENWOOD 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.
(R44, S. 597 (Word version)) -- Senators Campsen, Hutto, Bryant, Verdin and Grooms: AN ACT TO AMEND SECTION 50-9-740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR YOUTH HUNTING DAYS, SO AS TO PROVIDE THAT A PERSON WHO IS LESS THAN EIGHTEEN YEARS OF AGE MAY BE A YOUTH HUNTER.
(R45, S. 609 (Word version)) -- Senators Patterson, Courson, Lourie and Jackson: AN ACT TO AMEND SECTION 7-7-465, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN RICHLAND COUNTY, SO AS TO REVISE AND ADD CERTAIN VOTING PRECINCTS OF RICHLAND 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 PROVIDE THAT POLLING PLACES MUST BE SELECTED BY THE RICHLAND COUNTY ELECTION COMMISSION UPON APPROVAL OF A MAJORITY OF THE LEGISLATIVE DELEGATION.
(R46, S. 613 (Word version)) -- Senators Grooms, Verdin, Leventis and Campsen: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-33-85 SO AS TO PROVIDE THAT A PHYTOSANITARY CERTIFICATE OR A PERMIT MAY BE ISSUED BY AN INSPECTOR FOR INTRASTATE AND INTERSTATE SHIPMENTS OF CONIFER AND HARDWOOD SEEDLINGS TO VERIFY THAT THEY ARE APPARENTLY FREE OF PESTS AND DISEASES, AND TO PROVIDE THAT TO ENSURE PEST AND DISEASE-FREE PLANT MATERIAL, THE PREFERRED METHOD OF TREATMENT IS FUMIGATION USING METHYL BROMIDE IN SEEDLING PLANT BEDS PRIOR TO SEEDING.
(R47, S. 625 (Word version)) -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE CLEMSON UNIVERSITY, LIVESTOCK-POULTRY HEALTH COMMISSION, RELATING TO INTRASTATE MOVEMENT OF CERTAIN ANIMALS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3108, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R48, H. 3097 (Word version)) -- Reps. Rice, Walker, G.R. Smith, Shoopman, Cobb-Hunter, Mahaffey, Cotty, Owens, D.C. Smith, Bedingfield, Bales and Viers: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 16 TO TITLE 59 SO AS TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION IS AUTHORIZED TO ESTABLISH THE SOUTH CAROLINA VIRTUAL SCHOOL PROGRAM, TO PROVIDE REQUIREMENTS AND PROCEDURES FOR THE VIRTUAL SCHOOL PROGRAM, TO PROVIDE FOR CERTAIN ONLINE COURSE CREDITS, TO PROVIDE FOR THE STUDENTS ELIGIBLE TO PARTICIPATE IN THE PROGRAM AND FOR THE QUALIFICATIONS OF TEACHERS AND INSTRUCTORS IN THE PROGRAM, TO PROVIDE FOR AN ONLINE PILOT PROGRAM TO DETERMINE THE FEASIBILITY OF PROVIDING THE VIRTUAL SCHOOL PROGRAM TO STUDENTS ENROLLED IN ADULT EDUCATION PROGRAMS, TO PROVIDE FOR AN ANNUAL REPORT TO THE GENERAL ASSEMBLY BY THE STATE DEPARTMENT OF EDUCATION ON THE PROGRAM AND FOR OTHER DUTIES OF THE DEPARTMENT OF EDUCATION IN REGARD TO THE PROGRAM, AND TO PROVIDE THAT IMPLEMENTATION OF THE PROGRAM IS CONTINGENT ON FUNDING BEING PROVIDED BY THE GENERAL ASSEMBLY; AND BY ADDING SECTION 59-40-65 SO AS TO PROVIDE THAT CERTAIN INFORMATION MUST BE INCLUDED IN A CHARTER SCHOOL APPLICATION IF THE CHARTER SCHOOL OFFERS A PROGRAM OF ONLINE OR COMPUTER INSTRUCTION, TO PROVIDE THAT CHARTER SCHOOL STUDENTS MAY ENROLL IN THE VIRTUAL SCHOOL PROGRAM PURSUANT TO PROGRAM REQUIREMENTS, AND TO PROVIDE FOR OTHER DUTIES OR REQUIREMENTS OF THE CHARTER SCHOOL GOVERNING BODY AND THE CHARTER SCHOOL IN REGARD TO A PROGRAM OF ONLINE OR COMPUTER INSTRUCTION.
(R49, H. 3256 (Word version)) -- Rep. Taylor: AN ACT TO AMEND SECTION 38-57-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADVERTISING GIFTS GIVEN BY INSURANCE AGENTS TO INSUREDS AND OTHERS, SO AS TO INCREASE FROM FIVE TO TWENTY-FIVE DOLLARS THE VALUE OF MERCHANDISE OR AN ARTICLE WHICH MAY BE GIVEN.
(R50, H. 3310 (Word version)) -- Reps. M.A. Pitts, Duncan, Gambrell, Herbkersman, Sandifer, Whipper, White, Bedingfield, Weeks, Owens, Rice, Vick and Scarborough: AN ACT TO AMEND SECTION 16-23-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL CARRYING OF HANDGUNS, SO AS TO ALLOW A PERSON TO CARRY A HANDGUN ON OR ABOUT HIS PERSON IN A VEHICLE IF HE HAS A VALID CONCEALED WEAPON PERMIT.
(R51, H. 3406 (Word version)) -- Reps. Sellers, Govan and Ott: AN ACT 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 SPECIALIZED HOSPITALS LICENSED EXCLUSIVELY FOR TREATMENT OF ALCOHOL OR DRUG TREATMENT THAT ARE UNDER CONTRACT WITH THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES.
At 1:45 p.m. the House, in accordance with the motion of Rep. UMPHLETT, adjourned in memory of Ernest P. Watkins of Moncks Corner, to meet at 10:00 a.m. Friday in Local Session.
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