South Carolina House Journal - January 30, 2007 - South Carolina Legislature Online

South Carolina General Assembly
117th Session, 2007-2008
Journal of the House of Representatives

Printed Page 695 . . . . . Tuesday, January 30, 2007

Tuesday, January 30, 2007
(Statewide Session)

~~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 Numbers 27:23: "He laid his hands on him and commissioned him as the Lord had directed through Moses."
Let us pray. Sending God, thank You for the privilege given to serve You and being sent to serve the people in this House. Keep us humble as we do Your work in this place. Provide each with strength and wisdom to perform the duties assigned. Fill us with love and compassion as we think and work for others. Bless our Nation, President, State, Governor, Speaker and all who serve in these hallowed halls of government. Protect our defenders of freedom as they protect us. In the name of our Lord. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. FUNDERBURK moved that when the House adjourns, it adjourn in memory of Reverend Carl A. Witt of Camden, which was agreed to.

MESSAGE FROM THE SENATE

Columbia, S.C., January 25, 2007
Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 12:30 p.m. on Tuesday, January 30, 2007, for the purpose of ratifying Acts.

Printed Page 696 . . . . . Tuesday, January 30, 2007

Very respectfully,
President

On motion of Rep. LEACH the invitation was accepted.

REGULATIONS RECEIVED

The following were received and referred to the appropriate committees for consideration:

Document No. 3104
Agency: Department of Labor, Licensing and Regulation,

Building Codes Council
Statutory Authority: 1976 Code Section 6-9-40
National Electrical Code
Received by Speaker of the House of Representatives
January 30, 2007
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration May 30, 2007

Document No. 3105
Agency: Department of Labor, Licensing and Regulation,

Occupational Safety and Health
Statutory Authority: 1976 Code Section 41-15-220
Reporting Fatalities and Multiple Hospitalization Incidents to OSHA
Received by Speaker of the House of Representatives
January 30, 2007
Referred to Medical, Military, Public and Municipal Affairs Committee
Legislative Review Expiration May 30, 2007

Document No. 3094
Agency: Department of Motor Vehicles
Statutory Authority: 1976 Code Section 56-23-100
Truck Driver Training Schools
Received by Speaker of the House of Representatives
January 25, 2007
Referred to Education and Public Works Committee
Legislative Review Expiration May 25, 2007

Document No. 3093
Agency: Department of Motor Vehicles
Statutory Authority: 1976 Code Section 56-23-100

Printed Page 697 . . . . . Tuesday, January 30, 2007

Driver Training Schools
Received by Speaker of the House of Representatives
January 25, 2007
Referred to Education and Public Works Committee
Legislative Review Expiration May 25, 2007

Document No. 3103
Agency: Department of Labor, Licensing and Regulation,

Board of Examiners in Optometry
Statutory Authority: 1976 Code Section 40-37-10
Practice of Optometry
Received by Speaker of the House of Representatives
January 30, 2007
Referred to Medical, Military, Public and Municipal Affairs Committee
Legislative Review Expiration May 30, 2007

Document No. 3102
Agency: Department of Labor, Licensing and Regulation,
Board of Examiners in Psychology
Statutory Authority: 1976 Code Section 40-55-40
Practice of Psychology - Specialty Designations
Received by Speaker of the House of Representatives
January 30, 2007
Referred to Medical, Military, Public and Municipal Affairs Committee
Legislative Review Expiration May 30, 2007

REPORT OF STANDING COMMITTEE

Rep. SANDIFER, from the Oconee Delegation, submitted a favorable report on:

H. 3210 (Word version) -- Reps. Sandifer and Whitmire: A BILL TO AUTHORIZE THE GOVERNING BODY OF OCONEE COUNTY TO PROVIDE FOR A HOMESTEAD PROPERTY TAX EXEMPTION SUFFICIENT TO EQUAL ONE HUNDRED THOUSAND DOLLARS, INCLUDING THE STATEWIDE HOMESTEAD PROPERTY TAX EXEMPTION AMOUNT, OF THE FAIR MARKET VALUE OF THE DWELLING PLACE OF A PERSON WHO HAS BEEN A RESIDENT OF THIS STATE FOR AT LEAST ONE YEAR AND HAS REACHED THE AGE OF SIXTY-FIVE, A PERSON WHO IS CLASSIFIED AS TOTALLY AND PERMANENTLY DISABLED, OR A PERSON WHO IS LEGALLY

Printed Page 698 . . . . . Tuesday, January 30, 2007

BLIND, AND TO MAKE THE ELIGIBILITY REQUIREMENTS OF THE STATEWIDE HOMESTEAD EXEMPTION APPLY MUTATIS MUTANDIS TO THE PROPERTY TAX EXEMPTION ADOPTED BY THE GOVERNING BODY.
Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 3364 (Word version) -- Rep. W. D. Smith: A HOUSE RESOLUTION TO PROVIDE THAT THE STAFF SERVING THE MEMBERS OF THE HOUSE OF REPRESENTATIVES IS NOT REQUIRED TO WORK ON GOOD FRIDAY, APRIL 6, 2007.
The Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

HOUSE RESOLUTION

The following was introduced:

H. 3365 (Word version) -- Rep. Duncan: A HOUSE RESOLUTION TO CONGRATULATE THE LAURENS ACADEMY FOOTBALL TEAM FOR ITS IMPRESSIVE WIN OF THE 2006 SOUTH CAROLINA INDEPENDENT SCHOOLS ASSOCIATION EIGHT MAN STATE CHAMPIONSHIP, AND TO HONOR THE PLAYERS AND THEIR COACH, TODD KIRK, ON AN EXCEPTIONAL SEASON.

The Resolution was adopted.

HOUSE RESOLUTION

On motion of Rep. DUNCAN, with unanimous consent, the following was taken up for immediate consideration:

H. 3366 (Word version) -- Rep. Duncan: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR TO THE PLAYERS, COACHES, AND SCHOOL OFFICIALS OF THE LAURENS ACADEMY FOOTBALL TEAM AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER TO CONGRATULATE THEM ON THEIR IMPRESSIVE WIN OF THE 2006 SOUTH CAROLINA INDEPENDENT SCHOOLS ASSOCIATION EIGHT MAN STATE

Printed Page 699 . . . . . Tuesday, January 30, 2007

CHAMPIONSHIP, AND TO HONOR THE PLAYERS AND THEIR COACH, TODD KIRK, ON AN EXCEPTIONAL SEASON.

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, extend the privilege of the floor to the players, coaches, and school officials of the Laurens Academy Football Team at a date and time to be determined by the Speaker to congratulate them on their impressive win of the 2006 South Carolina Independent Schools Association Eight Man State Championship, and to honor the players and their coach, Todd Kirk, on an exceptional season.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3367 (Word version) -- Rep. McLeod: A HOUSE RESOLUTION TO CONGRATULATE ASHLEY DERHAM ZAIS OF NEWBERRY UPON BEING NAMED MISS SOUTH CAROLINA USA 2007 AND TO EXTEND HER EVERY BEST WISH WHEN SHE REPRESENTS SOUTH CAROLINA AT THE MISS USA CONTEST IN MARCH 2007 IN HOLLYWOOD, CALIFORNIA.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3368 (Word version) -- Rep. G. Brown: A HOUSE RESOLUTION TO CONGRATULATE AND COMMEND LARRY HUGGINS OF ASHWOOD FIRE STATION UPON BEING NAMED LEE COUNTY FIREFIGHTER OF THE YEAR IN 2006.

The Resolution was adopted.

Printed Page 700 . . . . . Tuesday, January 30, 2007

INTRODUCTION OF BILLS

The following Bills were introduced, read the first time, and referred to appropriate committees:

H. 3369 (Word version) -- Reps. Crawford, Merrill, Shoopman, Barfield, Chellis, Clemmons, Cotty, Hinson, Lowe, E. H. Pitts, F. N. Smith and Young: A BILL TO AMEND SECTION 17-15-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MATTERS TO BE CONSIDERED IN DETERMINING CONDITIONS OF RELEASE, SO AS TO ADD THAT THE COURT SHALL CONSIDER WHETHER THE ACCUSED IS CHARGED WITH A SEXUALLY VIOLENT OFFENSE WHEN DETERMINING CONDITIONS OF RELEASE OR WHETHER THE RELEASE WOULD CAUSE UNREASONABLE DANGER AND TO MANDATE THAT THE COURT PLACE A PERSON ACCUSED OF A SEXUALLY VIOLENT OFFENSE ON ELECTRONIC MONITORING IF THE COURT CHOOSES TO RELEASE THE ACCUSED.
Referred to Committee on Judiciary

H. 3370 (Word version) -- Reps. Walker and J. R. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-67-580 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL IMPLEMENT A SCHOOL BUS REPLACEMENT CYCLE TO REPLACE APPROXIMATELY ONE-TWELFTH OF THE FLEET EACH YEAR, RESULTING IN A COMPLETE REPLACEMENT OF THE FLEET EVERY TWELVE YEARS.
Referred to Committee on Education and Public Works

H. 3371 (Word version) -- Reps. Kirsh and Gullick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 25 TO CHAPTER 55, TITLE 44 SO AS TO PROHIBIT WASTEWATER TREATMENT SLUDGE GENERATED OUTSIDE OF THIS STATE TO BE DISPOSED OF IN THIS STATE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 3372 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-60-3312 SO AS TO PROVIDE THAT PROCEEDINGS AND RECORDS OF

Printed Page 701 . . . . . Tuesday, January 30, 2007

A CONTESTED CASE HEARING INVOLVING THE SOUTH CAROLINA REVENUE PROCEDURES ACT ARE OPEN TO THE PUBLIC; TO AMEND SECTION 6-34-40, RELATING TO TAX CREDITS FOR RETAIL FACILITIES REVITALIZATION, SO AS TO MAKE A TECHNICAL CHANGE AND TO PROVIDE THAT THE DEPARTMENT OF REVENUE MAY PROMULGATE REGULATIONS IN CONNECTION WITH THESE CREDITS, BUT IS NOT REQUIRED TO; TO AMEND SECTION 12-2-20, AS AMENDED, RELATING TO THE DEFINITION OF "PERSON" FOR PURPOSES OF ADMINISTRATION OF TAXES BY THE DEPARTMENT OF REVENUE, SO AS TO ADD A DEFINITION FOR "INDIVIDUAL"; TO AMEND SECTION 12-6-40, AS AMENDED, RELATING TO APPLICABILITY OF THE INTERNAL REVENUE CODE TO THIS STATE, SO AS TO PROVIDE FOR A TAXPAYER FILING A STATE RETURN WITH AN APPROVAL FROM THE INTERNAL REVENUE SERVICE; TO AMEND SECTION 12-6-545, AS AMENDED, RELATING TO INCOME TAX RATES FOR PASS-THROUGH TRADE AND BUSINESS INCOME, SO AS TO CORRECT A CROSS REFERENCE AND TO FURTHER PROVIDE FOR AN ELECTION BY A TAXPAYER OWNING AN INTEREST IN A PASS-THROUGH BUSINESS FOR WHICH A PORTION OF THE ACTIVE INCOME IS RELATED TO HIS PERSONAL SERVICES; TO AMEND SECTION 12-6-1140, AS AMENDED, RELATING TO DEDUCTIONS ALLOWED FROM SOUTH CAROLINA TAXABLE INCOME OF AN INDIVIDUAL SO AS TO PROVIDE FOR CERTIFICATION FROM A SUPERVISOR OF THE TAXPAYER CLAIMING THE DEDUCTION; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE JOB TAX CREDIT, SO AS TO CORRECT CROSS REFERENCES AND TO FURTHER PROVIDE FOR DESIGNATION OF THE CORPORATE HEADQUARTERS OF A GENERAL CONTRACTOR LICENSED IN THIS STATE; TO AMEND SECTION 12-6-3535, AS AMENDED, RELATING TO CREDIT AGAINST THE STATE INCOME TAX FOR REHABILITATION OF A CERTIFIED HISTORIC STRUCTURE, SO AS TO PROVIDE FOR THE FILING OF THE CERTIFICATION BY THE TAXPAYER WITH A TAX RETURN; TO AMEND SECTION 12-6-3585, RELATING TO THE TAX CREDIT FOR CONTRIBUTIONS TO THE INDUSTRY PARTNERSHIP FUND, SO AS TO SUBSTITUTE THE WORD "SINGLE" FOR "INDIVIDUAL" WHEN DESCRIBING THE

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TAXPAYER AND TO PROVIDE FOR AVAILABILITY OF THE QUALIFYING FORM TO THE DEPARTMENT OF REVENUE; TO AMEND SECTION 12-6-3587, RELATING TO A TAX CREDIT FOR INSTALLATION OF A SOLAR ENERGY HEATING OR COOLING SYSTEM SO AS TO SPECIFY THAT THE INSTALLATION MUST BE DONE IN A BUILDING IN THIS STATE; TO AMEND SECTION 12-6-4980, AS AMENDED, RELATING TO EXTENSION OF TIME FOR FILING RETURNS, SO AS TO PROVIDE FOR AN EXTENSION NOT TO EXCEED SIX MONTHS, TO DELETE THE REQUIREMENT THAT THE EXTENSION BE ALLOWED FOR GOOD CAUSE, AND TO DISALLOW ANOTHER EXTENSION FOR A TAXPAYER WHO FAILS TO MEET THE REQUIREMENT OF THE PREVIOUS EXTENSION; TO AMEND SECTION 12-8-580, AS AMENDED, RELATING TO INCOME TAX WITHHOLDING FROM A NONRESIDENT SELLER, SO AS TO PROVIDE FOR THE REMITTANCE OF WITHHELD AMOUNTS BY A LENDING INSTITUTION, REAL ESTATE AGENT, OR CLOSING ATTORNEY; TO AMEND SECTION 12-8-590, RELATING TO WITHHOLDING INCOME TAX FROM A NONRESIDENT DISTRIBUTEE SO AS TO MAKE TECHNICAL CORRECTIONS; TO AMEND SECTION 12-8-1520, AS AMENDED, RELATING TO DUTIES OF AN INCOME TAX WITHHOLDING AGENT TO DEPOSIT AND PAY WITHHOLDINGS, SO AS TO PROVIDE FOR RETURN AND REMITTANCE ON AN ANNUAL BASIS BY AN AGENT NOT REQUIRED TO WITHHOLD MORE THAN ONE THOUSAND DOLLARS IN A CALENDAR YEAR; TO AMEND SECTION 12-8-2020, RELATING TO REFUND OR CREDIT FOR OVERPAYMENT OF WITHHELD TAX, SO AS TO DELETE THE REQUIREMENT THAT THE WITHHOLDING AGENT FURNISH EVIDENCE AND TO DELETE TIME AND DOLLAR AMOUNT LIMITATIONS; TO AMEND SECTION 12-20-90, AS AMENDED, RELATING TO LICENSE FEES FOR HOLDING COMPANIES, SO AS TO CORRECT A CROSS REFERENCE; TO AMEND SECTION 12-23-20, AS AMENDED, RELATING TO EXEMPTION FROM THE BUSINESS LICENSE TAX, SO AS TO CONFORM THE TIMES FOR WHICH THE ASSESSMENT OF TAXES MAY BE SUSPENDED; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STATE SALES TAX, SO AS TO CONFORM THE TIMES FOR WHICH THE ASSESSMENT OF TAXES MAY BE SUSPENDED; TO AMEND

Printed Page 703 . . . . . Tuesday, January 30, 2007

SECTION 12-36-2510, AS AMENDED, RELATING TO A CERTIFICATE ALLOWING A TAXPAYER TO BUY TANGIBLE PERSONAL PROPERTY TAX FREE AND THE PURCHASER TO BE LIABLE FOR TAXES, SO AS TO MAKE A TECHNICAL CORRECTION; TO AMEND SECTION 12-37-270, AS AMENDED, RELATING TO CREDITS TO THE TRUST FUND FOR TAX RELIEF IN AN AMOUNT SUFFICIENT TO PAY REIMBURSEMENT, SO AS TO PERMIT, BUT NOT REQUIRE, THE DEPARTMENT OF REVENUE TO PROMULGATE REGULATIONS IN THAT CONNECTION; TO AMEND SECTION 12-54-44, AS AMENDED, RELATING TO CRIMINAL PENALTIES IN CONNECTION WITH FILING A RETURN OR STATEMENT, SO AS TO PROVIDE FOR THE FELONY OF SUBMITTING A FALSE OR FRAUDULENT W-2 FORM AND TO PROVIDE PENALTIES; TO AMEND SECTION 12-54-70, AS AMENDED, RELATING TO EXTENSION OF TIME FOR FILING RETURNS OR PAYING TAX, SO AS TO PROVIDE FOR AN EXTENSION OF TIME NOT TO EXCEED SIX MONTHS AND TO DELETE THE REQUIREMENT THAT GOOD CAUSE BE SHOWN; TO AMEND SECTION 12-54-85, AS AMENDED, RELATING TO TIME LIMITS ON ASSESSMENTS, SO AS TO PROVIDE FOR THE TOTAL OF ALL TAXES REQUIRED TO BE SHOWN ON A RETURN IN CONNECTION WITH DETERMINATION OF AN UNDERSTATEMENT OF TAXES, TO PROVIDE FOR TIME LIMITS FOR ASSESSMENT OF USE TAXES, AND TO PROVIDE THAT THE TIME LIMITATIONS DO NOT APPLY TO SUCCESSOR LIABILITY STATUTES; TO AMEND SECTION 12-54-155, AS AMENDED, RELATING TO PENALTIES FOR UNDERSTATEMENT OF TAXES, SO AS TO MAKE A TECHNICAL CORRECTION; TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO DISCLOSURE OF RECORDS, REPORTS, AND RETURNS FILED WITH THE DEPARTMENT OF REVENUE, SO AS TO PROVIDE FOR DISCLOSURE OF THE TAXPAYER'S ADDRESS AS SHOWN ON THE RETURN, TO OMIT A CROSS REFERENCE, AND TO ALLOW THE DISCLOSURE OF INFORMATION IN CONNECTION WITH PROCEEDINGS AND RECORDS OF A CONTESTED CASE HEARING OF THE ADMINISTRATIVE LAW COURT PURSUANT TO THE SOUTH CAROLINA REVENUE PROCEDURES ACT; TO AMEND SECTION 12-60-20, AS AMENDED, RELATING TO LEGISLATIVE INTENT IN CONNECTION WITH THE SOUTH

Printed Page 704 . . . . . Tuesday, January 30, 2007

CAROLINA REVENUE PROCEDURES ACT, SO AS TO INCLUDE DISPUTES CONCERNING PROPERTY TAXES; TO AMEND SECTION 12-60-90, AS AMENDED, RELATING TO THE ADMINISTRATIVE TAX PROCESS, SO AS TO CORRECT A CROSS REFERENCE; TO REPEAL SECTION 12-58-90 RELATING TO NOTICE TO TAXPAYER OF A HEARING IN CONNECTION WITH THE TAXPAYERS' BILL OF RIGHTS AND ACT 370 OF 2002 RELATING TO THE NURSING HOME FRANCHISE FEE; TO AMEND SECTION 6-1-32, AS AMENDED, RELATING TO THE LIMIT ON PROPERTY TAX MILLAGE INCREASES, SO AS TO PROVIDE THAT A REDUCTION IN POPULATION DOES NOT DECREASE THE APPLICABLE LIMIT; TO AMEND SECTION 12-37-670, AS AMENDED, RELATING TO THE OPTIONAL ACCELERATION OF LISTING REAL PROPERTY FOR PROPERTY TAX, SO AS TO ALLOW A COUNTY ORDINANCE IMPLEMENTING THE ACCELERATION TO USE A MONTHLY, QUARTERLY, OR SEMI-ANNUAL SCHEDULE, PROVIDE FOR THE ASSESSOR TO DO THESE LISTINGS, ELIMINATE PROVISIONS PROVIDING FOR PAYMENT IN THE SUCCEEDING TAX YEAR, AND PROVIDE THAT ADDITIONAL TAX IS DUE ON THE VALUE OF THE IMPROVEMENTS LISTED WITHOUT REGARD TO A TAX RECEIPT ISSUED EARLIER FOR PAYMENT ON THE UNIMPROVED PROPERTY; TO AMEND SECTION 12-37-2725, AS AMENDED, RELATING TO REFUNDS OF VEHICLE REGISTRATION FEES AND PERSONAL PROPERTY TAXES ON SUCH VEHICLES WHEN A TITLE IS TRANSFERRED OR THE VEHICLE OWNER REGISTERS THE VEHICLE IN ANOTHER STATE, SO AS TO PROVIDE AN ADDITIONAL METHOD OF PROOF FOR OBTAINING THE REFUND OF PERSONAL PROPERTY TAXES ON A VEHICLE; TO AMEND SECTIONS 12-37-3130 AND 12-37-3150, RELATING TO DEFINITIONS AND ASSESSABLE TRANSFERS OF INTEREST FOR PURPOSES OF THE SOUTH CAROLINA REAL PROPERTY VALUATION REFORM ACT, SO AS TO REVISE THE DEFINITION OF "CONVEYANCE" AND PROVIDE THAT TRANSFERS OCCUR WHEN INSTRUMENTS ARE EXECUTED WITHOUT REFERENCE TO THE DATE OF RECORDING AND TO PROVIDE THAT FAILURE TO RECORD GIVES RISE TO NO INFERENCE OR TO WHETHER OR NOT A TRANSFER HAS OCCURRED; TO AMEND SECTION 12-43-220, AS AMENDED, RELATING TO CLASSIFICATION AND ASSESSMENT OF

Printed Page 705 . . . . . Tuesday, January 30, 2007

PROPERTY FOR PURPOSES OF PROPERTY TAX, SO AS TO PROVIDE ADDITIONAL INFORMATION AND CERTIFICATION REQUIREMENTS TO OBTAIN THE SPECIAL FOUR PERCENT ASSESSMENT RATIO FOR OWNER-OCCUPIED RESIDENTIAL PROPERTY, TO PROVIDE PERIODIC REAPPLICATION AS THE ASSESSOR DETERMINES NECESSARY AND TO REVISE THE PENALTY FOR TIMELY FAILURE TO NOTIFY THE ASSESSOR WHEN REAL PROPERTY NO LONGER QUALIFIES FOR THIS SPECIAL ASSESSMENT RATIO; TO AMEND SECTION 12-51-50, AS AMENDED, AND SECTION 12-51-70, RELATING TO DELINQUENT TAX SALES, SO AS TO REPLACE THE REFERENCE TO LEGAL SALES DATE WITH THE ADVERTISED DATE FOR THE SALE AND INCREASE FROM THREE HUNDRED TO ONE THOUSAND DOLLARS THE MAXIMUM PENALTY FOR DEFAULTING ON A TAX SALE BID; TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO THE OFFENSE OF DISCLOSURE OF TAX INFORMATION, SO AS TO REVISE AN EXEMPTION TO THIS OFFENSE; AND TO AMEND SECTION 12-60-2510, AS AMENDED, RELATING TO PROPERTY TAX APPEALS, SO AS TO PROVIDE THAT IN NONREASSESSMENT YEARS, AN APPEAL MADE BEFORE THE FIRST PENALTY DATE FOR TAXES FOR THE YEAR APPLIES FOR THAT YEAR AND AN APPEAL FILED ON OR AFTER THAT DATE APPLIES FOR THE NEXT YEAR.
Referred to Committee on Ways and Means

H. 3373 (Word version) -- Reps. M. A. Pitts and Duncan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-55-825 SO AS TO PROVIDE THAT IF A PERMIT IS ISSUED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO INSTALL AN INDIVIDUAL WASTE TREATMENT AND DISPOSAL SYSTEM THE DEPARTMENT IS ONLY REQUIRED TO CONDUCT RANDOM FINAL INSPECTIONS ON THREE PERCENT OF THESE INSTALLED SYSTEMS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 3374 (Word version) -- Reps. M. A. Pitts and Duncan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-55-827 SO AS TO PROVIDE THAT THE

Printed Page 706 . . . . . Tuesday, January 30, 2007

DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL PROMULGATE REGULATIONS FOR THE LICENSURE OF PERSONS WHO INSTALL, REPAIR, MODIFY, OR INSPECT ON-SITE WASTEWATER TREATMENT AND DISPOSAL SYSTEMS, INCLUDING ELIGIBILITY CRITERIA, LEVELS OF LICENSURE, MONITORING PROCEDURES, TRAINING AND CONTINUING EDUCATION REQUIREMENTS, BONDING AND INSURANCE REQUIREMENTS, LICENSURE FEES, ENFORCEMENT GUIDELINES, AND PENALTIES FOR VIOLATIONS; TO AUTHORIZE THE DEPARTMENT TO PROMULGATE EMERGENCY REGULATIONS AND TO PROVIDE THAT EMERGENCY REGULATIONS DO NOT EXPIRE BUT REMAIN IN EFFECT UNTIL THE DEPARTMENT PROMULGATES REGULATIONS WHICH MUST BE IN EFFECT BEFORE JULY 1, 2011.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 3375 (Word version) -- Reps. M. A. Pitts, Dantzler, Davenport, Duncan, Hardwick, Jefferson, Littlejohn, Mahaffey, Mitchell, Moss, J. R. Smith, Spires, Stavrinakis, Taylor, Umphlett and Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-55-822 SO AS TO REQUIRE THAT A SOIL SUITABILITY TEST BE CONDUCTED AND THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL APPROVE AN INDIVIDUAL WASTE TREATMENT AND DISPOSAL SYSTEM FOR A SPECIFIC RESIDENTIAL LOT IN A SUBDIVISION BEFORE THE CLOSING ON THE SALE OF THAT LOT.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 3376 (Word version) -- Reps. Lucas and Cooper: A BILL TO AMEND SECTIONS 44-48-100, 44-48-110, 44-48-120, AND 44-48-130, ALL AS AMENDED, RELATING TO THE COMMITMENT, TREATMENT, AND PERIODIC REVIEW OF PERSONS DETERMINED TO BE SEXUALLY VIOLENT PREDATORS, SO AS TO PROVIDE THAT THE RESPONSIBILITY FOR THE HOUSING, CONTROL, CARE, AND TREATMENT OF THESE PERSONS IS THE RESPONSIBILITY OF THE DEPARTMENT OF

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CORRECTIONS RATHER THAN THE DEPARTMENT OF MENTAL HEALTH.
Referred to Committee on Judiciary

H. 3377 (Word version) -- Reps. Merrill and Bales: A BILL TO AMEND SECTION 17-23-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE OF THE RIGHT TO A PRELIMINARY HEARING AND THE FORM FOR REQUESTING THE PRELIMINARY HEARING, SO AS TO SEPARATE PERSONS CHARGED WITH NONCAPITAL AND CAPITAL CRIMES AND REQUIRE THAT A CIRCUIT COURT JUDGE, RATHER THAN A MAGISTRATE, GIVE THE REQUIRED NOTICE TO PERSONS CHARGED WITH CAPITAL OFFENSES.
Referred to Committee on Judiciary

H. 3378 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND SECTION 40-47-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF TERMS USED IN CONNECTION WITH THE LICENSURE AND REGULATION OF PHYSICIANS, SO AS TO DELETE CERTAIN ACTIVITIES THAT CONSTITUTE THE "PRACTICE OF MEDICINE", INCLUDING RENDERING A WRITTEN MEDICAL OPINION CONCERNING THE DIAGNOSIS OR TREATMENT OF A PATIENT, OR RENDERING ACTUAL TREATMENT, BY AN OUT-OF-STATE PHYSICIAN AS A RESULT OF TRANSMITTING INDIVIDUAL PATIENT DATA FROM THIS STATE BY ELECTRONIC MEANS TO THE PHYSICIAN, RENDERING A DETERMINATION OF MEDICAL NECESSITY AFFECTING THE DIAGNOSIS OR TREATMENT OF A PATIENT, AND TESTIFYING AS A PHYSICIAN IN A COURT PROCEEDING IN THIS STATE AS A MEDICAL EXPERT.
Referred to Committee on Judiciary

H. 3379 (Word version) -- Reps. D. C. Smith, J. R. Smith, Perry, Clyburn and Stewart: A BILL TO AMEND SECTIONS 59-104-20 AND 59-149-50, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PALMETTO FELLOWS SCHOLARSHIP AND THE LIFE SCHOLARSHIP, RESPECTIVELY, SO AS TO PROVIDE THAT A SOUTH CAROLINA RESIDENT ATTENDING AN OUT-OF-STATE HIGH SCHOOL IS ELIGIBLE TO RECEIVE A PALMETTO FELLOWS

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SCHOLARSHIP OR A LIFE SCHOLARSHIP AND PROVIDE THAT THE EXISTING HIGH SCHOOL RANK AND GRADE POINT AVERAGE OF A SOUTH CAROLINA RESIDENT ATTENDING AN OUT-OF-STATE HIGH SCHOOL MAY BE USED PROVIDED IT IS CALCULATED PURSUANT TO A STATE-APPROVED, STANDARDIZED GRADING SCALE AT THE RESPECTIVE OUT-OF-STATE HIGH SCHOOL.
Referred to Committee on Ways and Means

H. 3380 (Word version) -- Reps. Viers, Brantley, Dantzler and Harvin: A BILL TO AMEND SECTIONS 44-7-2430 AND 44-7-2440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE "HOSPITAL INFECTIONS DISCLOSURE ACT" AND TO THE REQUIREMENT THAT HOSPITALS COLLECT DATA AND SUBMIT REPORTS TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL ON HOSPITAL ACQUIRED INFECTION RATES, SO AS TO ALSO REQUIRE HOSPITALS TO COLLECT DATA AND SUBMIT REPORTS ON DEATHS RESULTING FROM HOSPITAL ACQUIRED INFECTIONS.
Referred to Committee on Medical, Military, Public and Municipal Affairs

S. 305 (Word version) -- Senator Short: A BILL TO AMEND ACT 525 OF 1982, AS AMENDED, RELATING TO ELECTION OF MEMBERS OF THE CHESTER COUNTY COUNCIL AND THE CHESTER COUNTY SCHOOL BOARD OF TRUSTEES, SO AS TO PROVIDE THAT MEMBERS OF THE CHESTER COUNTY SCHOOL BOARD OF TRUSTEES MUST BE ELECTED IN A NONPARTISAN ELECTION HELD AT THE SAME TIME AS THE GENERAL ELECTION AND PROVIDE FOR FILING REQUIREMENTS AND SUPERVISION OF THE ELECTIONS.
Referred to Chester Delegation

HOUSE RESOLUTION

The following was introduced:

H. 3381 (Word version) -- Reps. Bingham, E. H. Pitts, Bales, Ballentine, Brady, Cotty, Frye, Haley, Harrison, Hart, Howard, Huggins, McLeod, J. H. Neal, Ott, Rutherford, Scott, J. E. Smith, Spires and Toole: A HOUSE RESOLUTION TO CONGRATULATE PALMER E. "SATCH" KRANTZ OF RICHLAND COUNTY ON HIS THIRTY

Printed Page 709 . . . . . Tuesday, January 30, 2007

YEARS OF OUTSTANDING SERVICE AS EXECUTIVE DIRECTOR OF THE RIVERBANKS ZOO AND GARDEN IN COLUMBIA AND TO HONOR HIS NUMEROUS ACCOMPLISHMENTS AS THE ZOO'S DIRECTOR AND HIS SERVICE TO THE STATE AND LOCAL COMMUNITY.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3382 (Word version) -- Reps. McLeod, Huggins and Ballentine: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND THE CHAPIN HIGH SCHOOL VARSITY CHEERLEADERS ON THEIR IMPRESSIVE WIN OF THE 2006 CLASS AAA SOUTH CAROLINA HIGH SCHOOL LEAGUE'S COMPETITIVE CHEER CHAMPIONSHIP TITLE, AND TO HONOR THE TEAM, HEAD COACH VICKI WILLIAMS, AND ASSISTANT COACH BILLIE WILLIAMS ON AN EXCEPTIONAL SEASON.

The Resolution was adopted.

HOUSE RESOLUTION

On motion of Rep. MCLEOD, with unanimous consent, the following was taken up for immediate consideration:

H. 3383 (Word version) -- Reps. McLeod, Huggins and Ballentine: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE CHAPIN HIGH SCHOOL VARSITY CHEERLEADING 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 2006 CLASS AAA SOUTH CAROLINA HIGH SCHOOL LEAGUE'S COMPETITIVE CHEER 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 Chapin High School varsity

Printed Page 710 . . . . . Tuesday, January 30, 2007

cheerleading 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 2006 Class AAA South Carolina High School League's Competitive Cheer Championship title.

The Resolution was adopted.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 318 (Word version) -- Senators Pinckney, Grooms, Matthews and Campsen: A CONCURRENT RESOLUTION TO COMMEMORATE THE CONVENING OF THE FOURTH SESSION OF THE SOUTH CAROLINA GENERAL ASSEMBLY IN JACKSONBOROUGH, SOUTH CAROLINA, IN JANUARY OF 1782, AS A RESULT OF THE CONTINUED BRITISH OCCUPATION OF CHARLESTON, SUBSEQUENT TO THE DEFEAT OF THE BRITISH AT YORKTOWN IN OCTOBER OF 1781, BY CONVENING IN JACKSONBORO ON FRIDAY, FEBRUARY 16th, TO HONOR AND CELEBRATE THE JACKSONBOROUGH ASSEMBLY.
The Concurrent Resolution was ordered placed on the calendar.

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows:

Agnew                  Alexander              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

Printed Page 711 . . . . . Tuesday, January 30, 2007

Harrison               Hart                   Harvin
Haskins                Hayes                  Herbkersman
Hinson                 Hiott                  Hodges
Hosey                  Howard                 Huggins
Jefferson              Jennings               Kelly
Kennedy                Kirsh                  Knight
Leach                  Limehouse              Littlejohn
Loftis                 Lowe                   Lucas
Mahaffey               McLeod                 Merrill
Miller                 Moss                   Mulvaney
J. H. Neal             J. M. Neal             Ott
Owens                  Parks                  Perry
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. R. Smith            W. D. Smith
Spires                 Stavrinakis            Stewart
Taylor                 Thompson               Toole
Umphlett               Vick                   Viers
Walker                 Weeks                  White
Whitmire               Williams               Witherspoon
Young

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, January 30.

David Mack                        James E. Smith
Harold Mitchell                   Jackson "Seth"  Whipper
Denny Neilson                     Karl Allen

Total Present--121

LEAVE OF ABSENCE

The SPEAKER granted Rep. MOODY-LAWRENCE a leave of absence for the week due to illness.

Printed Page 712 . . . . . Tuesday, January 30, 2007

LEAVE OF ABSENCE

The SPEAKER granted Rep. TALLEY a leave of absence for the day due to family medical reasons.

LEAVE OF ABSENCE

The SPEAKER granted Rep. PHILLIPS a leave of absence for the week due to illness.

DOCTOR OF THE DAY

Announcement was made that Dr. J. Capers Hiott of Wedgefield is the Doctor of the Day for the General Assembly.

CO-SPONSORS ADDED

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."

CO-SPONSOR ADDED

Bill Number: H. 3294 (Word version)
Date: ADD:
01/30/07 TAYLOR

CO-SPONSOR ADDED

Bill Number: H. 3294 (Word version)
Date: ADD:
01/30/07 PERRY

Printed Page 713 . . . . . Tuesday, January 30, 2007

CO-SPONSOR ADDED

Bill Number: H. 3294 (Word version)
Date: ADD:
01/30/07 HINSON

CO-SPONSOR ADDED

Bill Number: H. 3294 (Word version)
Date: ADD:
01/30/07 HAYES

CO-SPONSOR ADDED

Bill Number: H. 3294 (Word version)
Date: ADD:
01/30/07 HUGGINS

CO-SPONSOR ADDED

Bill Number: H. 3049 (Word version)
Date: ADD:
01/30/07 FUNDERBURK

CO-SPONSOR ADDED

Bill Number: H. 3026 (Word version)
Date: ADD:
01/30/07 GULLICK

CO-SPONSOR ADDED

Bill Number: H. 3028 (Word version)
Date: ADD:
01/30/07 WITHERSPOON

CO-SPONSOR ADDED

Bill Number: H. 3064 (Word version)
Date: ADD:
01/30/07 CRAWFORD

CO-SPONSOR ADDED

Bill Number: H. 3121 (Word version)
Date: ADD:
01/30/07 CRAWFORD

Printed Page 714 . . . . . Tuesday, January 30, 2007

CO-SPONSOR ADDED

Bill Number: H. 3122 (Word version)
Date: ADD:
01/30/07 CRAWFORD

CO-SPONSOR ADDED

Bill Number: H. 3123 (Word version)
Date: ADD:
01/30/07 CRAWFORD

CO-SPONSOR ADDED

Bill Number: H. 3124 (Word version)
Date: ADD:
01/30/07 CRAWFORD

CO-SPONSOR ADDED

Bill Number: H. 3125 (Word version)
Date: ADD:
01/30/07 CRAWFORD

CO-SPONSOR ADDED

Bill Number: H. 3126 (Word version)
Date: ADD:
01/30/07 CRAWFORD

CO-SPONSOR ADDED

Bill Number: H. 3127 (Word version)
Date: ADD:
01/30/07 CRAWFORD

CO-SPONSOR ADDED

Bill Number: H. 3128 (Word version)
Date: ADD:
01/30/07 CRAWFORD

CO-SPONSOR ADDED

Bill Number: H. 3146 (Word version)
Date: ADD:
01/30/07 DUNCAN

Printed Page 715 . . . . . Tuesday, January 30, 2007

CO-SPONSOR ADDED

Bill Number: H. 3148 (Word version)
Date: ADD:
01/30/07 DUNCAN

CO-SPONSOR ADDED

Bill Number: H. 3170 (Word version)
Date: ADD:
01/30/07 DUNCAN

CO-SPONSOR ADDED

Bill Number: H. 3196 (Word version)
Date: ADD:
01/30/07 DUNCAN

CO-SPONSOR ADDED

Bill Number: H. 3261 (Word version)
Date: ADD:
01/30/07 CRAWFORD

CO-SPONSOR ADDED

Bill Number: H. 3273 (Word version)
Date: ADD:
01/30/07 G. R. SMITH

CO-SPONSOR ADDED

Bill Number: H. 3295 (Word version)
Date: ADD:
01/30/07 CRAWFORD

CO-SPONSOR ADDED

Bill Number: H. 3296 (Word version)
Date: ADD:
01/30/07 CRAWFORD

CO-SPONSOR ADDED

Bill Number: H. 3301 (Word version)
Date: ADD:
01/30/07 GULLICK

Printed Page 716 . . . . . Tuesday, January 30, 2007

CO-SPONSOR ADDED

Bill Number: H. 3309 (Word version)
Date: ADD:
01/30/07 PINSON

CO-SPONSOR ADDED

Bill Number: H. 3323 (Word version)
Date: ADD:
01/30/07 COTTY

CO-SPONSOR ADDED

Bill Number: H. 3326 (Word version)
Date: ADD:
01/30/07 COTTY

CO-SPONSOR ADDED

Bill Number: H. 3348 (Word version)
Date: ADD:
01/30/07 COTTY

CO-SPONSOR ADDED

Bill Number: H. 3358 (Word version)
Date: ADD:
01/30/07 COTTY

SENT TO THE SENATE

The following Bills were taken up, read the third time, and ordered sent to the Senate:

H. 3052 (Word version) -- Reps. Coleman, Shoopman, Bingham and Toole: A BILL TO RATIFY AN AMENDMENT TO SECTION 13, ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE TAKING OF PRIVATE PROPERTY, SO AS TO PROVIDE THAT PRIVATE PROPERTY MUST NOT BE CONDEMNED BY EMINENT DOMAIN FOR ANY PURPOSE OR BENEFIT INCLUDING, BUT NOT LIMITED TO, THE PURPOSE OR BENEFIT OF ECONOMIC DEVELOPMENT, UNLESS THE CONDEMNATION IS FOR PUBLIC USE; EXCEPT THAT IN THE INSTANCE OF THE EXERCISE OF EMINENT DOMAIN FOR THE LIMITED PURPOSE OF REMEDYING BLIGHT, THE GENERAL ASSEMBLY MAY PROVIDE FOR THE PRIVATE USE OF

Printed Page 717 . . . . . Tuesday, January 30, 2007

CONDEMNED PROPERTY UNDER CERTAIN CONDITIONS; AND TO RATIFY AMENDMENTS TO SECTION 17, ARTICLE I, AND SECTION 5, ARTICLE XIV, RELATING TO TREASON AND THE EXERCISE OF THE POWERS OF EMINENT DOMAIN BY OR WITHIN SUMTER, CHEROKEE, SPARTANBURG, YORK, FLORENCE, GREENVILLE, CHARLESTON, RICHLAND, AND LAURENS COUNTIES, SO AS TO DELETE THOSE PROVISIONS.

H. 3063 (Word version) -- Reps. Delleney, Harrison, Simrill, Taylor, Davenport, Sandifer, Barfield, Owens, E. H. Pitts, Rice, Walker, Toole, Viers, M. A. Pitts, Vick, Littlejohn, Mahaffey, Haskins, Young, G. R. Smith, Shoopman, Witherspoon, Umphlett, Bedingfield, Cotty, Bingham, Mulvaney and Ballentine: A BILL TO RATIFY AN AMENDMENT TO ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO MISCELLANEOUS MATTERS, BY ADDING SECTION 15 SO AS TO PROVIDE THAT MARRIAGE BETWEEN ONE MAN AND ONE WOMAN IS THE ONLY LAWFUL DOMESTIC UNION THAT IS VALID OR RECOGNIZED IN THIS STATE AND TO PROVIDE THAT THE STATE OR ITS POLITICAL SUBDIVISIONS MAY NOT CREATE ANY OTHER DOMESTIC UNION AND MAY NOT RECOGNIZE A DOMESTIC UNION CREATED BY ANOTHER JURISDICTION.

H. 3112 (Word version) -- Rep. Herbkersman: A BILL TO AMEND SECTION 7-7-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN BEAUFORT COUNTY, SO AS TO REVIEW AND RENAME CERTAIN VOTING PRECINCTS OF BEAUFORT COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD, AND TO ADD A PROVISION TO AUTHORIZE THE BEAUFORT COUNTY BOARD OF ELECTIONS AND REGISTRATION, WITH THE APPROVAL OF A MAJORITY OF THE BEAUFORT COUNTY LEGISLATIVE DELEGATION, TO DETERMINE THE POLLING PLACES FOR THE PRECINCTS IN BEAUFORT COUNTY.

H. 3226 (Word version) -- Reps. Clemmons, Mulvaney, Moss, Bedingfield and Lowe: A BILL TO AMEND SECTION 8-13-740, AS AMENDED,

Printed Page 718 . . . . . Tuesday, January 30, 2007

CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPRESENTATION OF A PERSON BY A PUBLIC OFFICIAL BEFORE A GOVERNMENTAL BODY, SO AS TO REQUIRE A STATE, COUNTY, AND MUNICIPAL PUBLIC OFFICIAL INVOLVED IN A CONFLICT OF INTEREST TO COMPLY WITH RECUSAL REQUIREMENTS, TO ALLOW A PUBLIC OFFICIAL TO REMAIN IN OFFICE IF THE RECUSAL REQUIREMENTS ARE MET, AND TO PROHIBIT A GOVERNMENTAL BODY FROM REMOVING OR DISALLOWING A PERSON TO SERVE IN OFFICE OR EMPLOYMENT BASED ON RACE, COLOR, NATIONAL ORIGIN, RELIGION, SEX, FAMILIAL STATUS, DISABILITY, OR LEGAL OCCUPATION.

S. 277--DEBATE ADJOURNED

Rep. DUNCAN moved to adjourn debate upon the following Bill until Wednesday, February 7, which was adopted:

S. 277 (Word version) -- Senator Verdin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-23-830 SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION MAY MOW BEYOND THIRTY FEET FROM THE PAVEMENT ROADSIDE VEGETATION ADJACENT TO THE PORTION OF INTERSTATE HIGHWAY 385 IN LAURENS COUNTY BETWEEN MILE MARKERS 7 AND 11.

S. 152--POINT OF ORDER

The following Bill was taken up:

S. 152 (Word version) -- Senators Alexander, McConnell, Leatherman, Campsen, Vaughn, Ryberg, Richardson, Hayes, Mescher, Knotts, Elliott, Cleary, Fair and Setzler: A BILL TO RATIFY AN AMENDMENT TO SECTION 16, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO BENEFITS AND FUNDING OF PUBLIC EMPLOYEE PENSION PLANS IN THIS STATE, INVESTMENTS ALLOWED FOR FUNDS OF THE VARIOUS STATE-OPERATED RETIREMENT SYSTEMS, AND THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL, SO AS TO DELETE THE RESTRICTIONS LIMITING SUCH INVESTMENTS TO AMERICAN-BASED CORPORATIONS REGISTERED ON AN AMERICAN NATIONAL EXCHANGE AS PROVIDED IN THE SECURITIES EXCHANGE ACT OF 1934 OR QUOTED THROUGH

Printed Page 719 . . . . . Tuesday, January 30, 2007

THE NATIONAL ASSOCIATION OF SECURITIES DEALERS AUTOMATIC QUOTATION SYSTEM; AND TO RATIFY AN AMENDMENT TO SECTION 16, ARTICLE X, SO AS TO ELIMINATE THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL.

POINT OF ORDER

Rep. J. H. NEAL 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.

ORDERED TO THIRD READING

The following Joint Resolution was taken up, read the second time, and ordered to a third reading:

S. 273 (Word version) -- Senators Richardson and Pinckney: A JOINT RESOLUTION TO CHANGE THE CERTIFICATION DATE FOR A SALES AND USE TAX REFERENDUM HELD DURING THE 2006 GENERAL ELECTION FROM NO LATER THAN NOVEMBER 30, 2006, TO DECEMBER 10, 2006.

OBJECTION TO RECALL

Rep. BREELAND asked unanimous consent to recall H. 3290 (Word version) from the Charleston Delegation.
Rep. LIMEHOUSE objected.

RECURRENCE TO THE MORNING HOUR

Rep. G. BROWN moved that the House recur to the Morning Hour, which was agreed to.

HOUSE RESOLUTION

On motion of Rep. PINSON, with unanimous consent, the following was taken up for immediate consideration:

H. 3384 (Word version) -- Reps. Pinson, M. A. Pitts and Parks: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE GREENWOOD HIGH SCHOOL FOOTBALL TEAM, COACHES, AND SCHOOL OFFICIALS, AT A DATE AND TIME

Printed Page 720 . . . . . Tuesday, January 30, 2007

TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING AND COMMENDING THEM ON THEIR OUTSTANDING SEASON AND FOR CAPTURING THE 2006 DIVISION II CLASS AAAA 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 Greenwood High School football team, coaches, 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 2006 Division II Class AAAA State Championship title.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 3385 (Word version) -- Reps. Pinson, M. A. Pitts and Parks: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE GREENWOOD HIGH SCHOOL VARSITY FOOTBALL TEAM FOR ITS OUTSTANDING SEASON AND FOR CAPTURING THE 2006 DIVISION II CLASS AAAA STATE CHAMPIONSHIP TITLE, AND TO HONOR THE TEAM'S EXCEPTIONAL PLAYERS, COACHES, AND STAFF.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

HOUSE RESOLUTION

The following was introduced:

H. 3386 (Word version) -- Reps. Shoopman, 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,

Printed Page 721 . . . . . Tuesday, January 30, 2007

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, 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 JOEL DUNCAN, MINISTER OF MUSIC OF GREER FIRST BAPTIST CHURCH, FOR HIS ELEVEN YEARS OF OUTSTANDING AND DEDICATED SERVICE UPON THE OCCASION OF HIS RETIREMENT, AND TO WISH HIM MUCH SUCCESS AND HAPPINESS IN ALL HIS FUTURE ENDEAVORS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3387 (Word version) -- Reps. Toole, Haley, Huggins, E. H. Pitts, Ballentine, Bingham, Bowen, Frye, McLeod, Ott and Spires: A HOUSE RESOLUTION TO COMMEMORATE THE CENTENNIAL ANNIVERSARY OF THE UNITED PARCEL SERVICE OF AMERICA AND TO RECOGNIZE ITS MANY LASTING CONTRIBUTIONS TO THE STATE OF SOUTH CAROLINA.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3388 (Word version) -- Rep. Battle: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR TOMMESENIA FLOYD OF MARION COUNTY FOR HER OUTSTANDING CONTRIBUTIONS TO HER FAMILY, FAITH, AND COMMUNITY, AND TO WISH HER ALL THE BEST IN THE COMING YEARS.

The Resolution was adopted.

Printed Page 722 . . . . . Tuesday, January 30, 2007

INTRODUCTION OF BILLS

The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:

H. 3389 (Word version) -- Reps. Thompson, Kirsh, Simrill, Cotty and Merrill: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 36, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE GENERAL RESERVE FUND AND THE CAPITAL RESERVE FUND, SO AS TO REQUIRE AN ADDITIONAL AMOUNT EQUAL TO ONE QUARTER OF ONE PERCENT OF STATE GENERAL FUND REVENUE IN THE LATEST COMPLETED FISCAL YEAR TO BE HELD IN THE GENERAL RESERVE FUND IN SUCCEEDING FISCAL YEARS EACH TIME THE GENERAL ASSEMBLY ENACTS LEGISLATION CUMULATIVELY RAISING BY AT LEAST ONE PERCENT THE AMOUNT OF GENERAL FUND REVENUES OF THE PRECEDING FISCAL YEAR THAT MAY BE USED TO SERVICE STATE GENERAL OBLIGATION DEBT.
Referred to Committee on Ways and Means

H. 3390 (Word version) -- Reps. Merrill and Herbkersman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3588 SO AS TO ALLOW A STATE INCOME TAX CREDIT EQUAL TO TWENTY PERCENT OF THE QUALIFIED EXPENDITURES OF PHOTOVOLTAIC, SOLAR, AND FUEL CELL PROPERTY CREDITS ALLOWED AGAINST A TAXPAYER'S FEDERAL INCOME TAX LIABILITY.
Referred to Committee on Ways and Means

H. 3391 (Word version) -- Reps. Moss and Littlejohn: A BILL TO PROVIDE THAT THE PUBLIC SERVICE COMMISSION SHALL REQUIRE COUNTYWIDE TOLL-FREE CALLING TO BE PROVIDED BY ALL TELEPHONE UTILITIES OPERATING WITHIN CHEROKEE COUNTY BY JULY 1, 2007, AND PROVIDE FOR RELATED MATTERS.
Referred to Committee on Labor, Commerce and Industry

H. 3392 (Word version) -- Reps. Loftis, Shoopman, Davenport, Haley, Bedingfield, Cato, Hinson, Perry, Rice, G. R. Smith, Spires, Toole and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 60 TO TITLE

Printed Page 723 . . . . . Tuesday, January 30, 2007

48 TO ENACT "THE SOUTH CAROLINA MANUFACTURER RESPONSIBILITY AND CONSUMER CONVENIENCE INFORMATION TECHNOLOGY EQUIPMENT COLLECTION AND RECOVERY ACT"; TO PROVIDE CERTAIN FINDINGS BY THE GENERAL ASSEMBLY RELATED TO THE ACT; TO PROVIDE CERTAIN DEFINITIONS RELATED TO THE ACT; TO REQUIRE A MANUFACTURER OF CERTAIN COMPUTING, DISPLAY, OR PRINTING EQUIPMENT TO OFFER A RECOVERY PROGRAM FOR THE COLLECTION OF SUCH EQUIPMENT FROM A CONSUMER IN A MANNER CONVENIENT TO THE CONSUMER; TO REQUIRE A MANUFACTURER TO DOCUMENT ITS COMPLIANCE WITH THIS CHAPTER IN AN ANNUAL REPORT TO THE DEPARTMENT; TO LIMIT THE LIABILITY OF A MANUFACTURER FOR DAMAGE SUSTAINED BY A CONSUMER FROM INFORMATION CONTAINED ON EQUIPMENT RETURNED BY THE CONSUMER TO A MANUFACTURER THROUGH THE MANUFACTURER'S RECOVERY PROGRAM; TO REQUIRE A RETAILER TO SELL ONLY EQUIPMENT MANUFACTURED IN COMPLIANCE WITH THIS CHAPTER; TO LIMIT THE LIABILITY OF A RETAILER FOR DAMAGE SUSTAINED BY A CONSUMER FROM INFORMATION CONTAINED ON EQUIPMENT SOLD BY THE RETAILER TO A CONSUMER AND RETURNED TO THE MANUFACTURER OF THE EQUIPMENT THROUGH THE MANUFACTURER'S RECOVERY PROGRAM; TO REQUIRE A MANUFACTURER TO EDUCATE CONSUMERS ABOUT THE MANUFACTURER'S RECOVERY PROGRAM; TO REQUIRE THE DEPARTMENT TO EDUCATE CONSUMERS ABOUT ALL RECOVERY PROGRAMS AVAILABLE IN THIS STATE; TO ENABLE THE DEPARTMENT TO AUDIT A MANUFACTURER TO DETERMINE THE MANUFACTURER'S COMPLIANCE WITH THIS CHAPTER; TO PROVIDE THAT FINANCIAL AND PROPRIETARY INFORMATION SUBMITTED TO THE DEPARTMENT BY A MANUFACTURER OR RETAILER PURSUANT TO THIS CHAPTER IS EXEMPT FROM PUBLIC DISCLOSURE; TO REQUIRE THE DEPARTMENT TO REPORT ANNUALLY INFORMATION PROVIDED BY A MANUFACTURER OR A RETAILER TO THE GENERAL ASSEMBLY; TO REQUIRE THE DEPARTMENT TO DEVELOP STANDARDS FOR RECOVERY PROGRAMS AND RECOVERER CERTIFICATION THAT COMPLY WITH THE ELECTRONICS

Printed Page 724 . . . . . Tuesday, January 30, 2007

RECYCLING OPERATING PRACTICES OF THE INSTITUTE OF SCRAP RECYCLING INDUSTRIES; AND TO PROVIDE THAT THE DEPARTMENT MAY PROMULGATE RULES AND REGULATIONS NEEDED TO IMPLEMENT THIS CHAPTER'S PROVISIONS.
Referred to Committee on Labor, Commerce and Industry

MOTION ADOPTED

Rep. LOFTIS moved that upon the completion of the Ratification of Acts, the House stand adjourned, which was agreed to.

RATIFICATION OF ACT

At 12:30 p.m. the House attended in the Senate Chamber, where the following Act was duly ratified:

(R1, S. 261 (Word version)) -- Senators Martin and Alexander: AN ACT TO REQUIRE THAT ANY MEASURE BY THE PICKENS COUNTY SCHOOL BOARD OF TRUSTEES FOR THE ANNUAL OPERATING BUDGET, A SUPPLEMENTAL BUDGET OR APPROPRIATION THAT EXCEEDS ONE-HALF OF ONE PERCENT OF THE OPERATING BUDGET, OR A MEASURE THAT RESULTS IN THE DISTRICT INCURRING DEBT, MUST RECEIVE READINGS ON THREE SEPARATE DAYS, TO PROVIDE THAT FIRST READING MAY BE BY TITLE OR DESCRIPTION ONLY, THAT SECOND AND THIRD READING MUST BE APPROVED BY A MAJORITY OF THE BOARD MEMBERS, AND THAT THIRD READING MUST NOT BE CONDUCTED PRIOR TO ONE WEEK FOLLOWING THE DATE OF SECOND READING.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3337 (Word version) -- Rep. Duncan: A CONCURRENT RESOLUTION DESIGNATING JANUARY 29, 2007, AS MILTON FRIEDMAN DAY TO HONOR ECONOMIST MILTON FRIEDMAN, WHOSE VISION OF AMERICA HELPED SPREAD THE BENEFITS OF FREE-MARKET ECONOMICS THE WORLD OVER.

H. 3338 (Word version) -- Reps. Harrison, Harrell, W. D. Smith, Delleney, Agnew, Bannister, Clemmons, Coleman, Cotty, Funderburk, Hagood, Hart,

Printed Page 725 . . . . . Tuesday, January 30, 2007

Jennings, Kelly, Lucas, McLeod, Rutherford, Sellers, F. N. Smith, G. M. Smith, J. E. Smith, Stavrinakis, Talley, Viers, Weeks and Whipper: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE JEAN HOEFER TOAL, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:00 NOON ON WEDNESDAY, FEBRUARY 21, 2007.

H. 3339 (Word version) -- Reps. Scott, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO COMMEND DR. SHEILA BREITWEISER OF SPARTANBURG COUNTY FOR HER ELEVEN YEARS OF OUTSTANDING AND DEDICATED SERVICE AS PRESIDENT OF THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND THE BLIND, AND TO WISH HER MUCH SUCCESS AND HAPPINESS IN ALL HER FUTURE ENDEAVORS.

H. 3342 (Word version) -- Rep. Scott: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR SHIRLEY A. DAVIS OF FAIRFIELD COUNTY FOR HER OUTSTANDING COMMITMENT TO HER FAMILY, FAITH, AND COMMUNITY AND TO WISH HER ALL THE BEST IN THE COMING YEARS.

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ADJOURNMENT

At 12:45 p.m. the House, in accordance with the motion of Rep. FUNDERBURK, adjourned in memory of Reverend Carl A. Witt of Camden, to meet at 10:00 a.m. tomorrow.

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