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 2:17: "The haughtiness of people shall be humbled, and the pride of everyone shall be brought low, and the Lord alone will be honored on that day."
Let us pray. Almighty God, too often our pride gets in the way of our relationship with You and with others. Help us to bury pride and make You first in our lives. Then, O Lord, teach us honor and respect for those we work with and those we serve. Bless our Nation, President, State, Governor, Speaker, this Honorable Assembly, and all who labor in these Halls of Government. 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. ANTHONY moved that when the House adjourns, it adjourn in memory of Freddie Moss of Union, brother of Representative Moss, which was agreed to.
On motion of Rep. LEACH, with unanimous consent, the following were taken up for immediate consideration and accepted:
January 3, 2008
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the SC Bankers Association - Young Bankers Division, the Members of the House of Representatives are invited to an Oyster Roast. This event will be held on Tuesday, March 4, 2008, from 6:00 p.m. until 8:00 p.m. at The Sterling Pavillion.
Sincerely,
Elisa M. Edwards
Sr. Vice President
January 3, 2008
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the SC Association of Technical College Commissioners, the Members and attaches of the House of Representatives are invited to a reception. This event will be held on Tuesday, March 4, 2008, from 6:00 p.m. until 8:00 p.m. at The Capital City Club.
Sincerely,
David Condon
Executive Director
January 3, 2008
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the American Legion Department of SC, the Members and attaches of the House of Representatives are invited to a reception honoring Rep. Lonnie Hosey and Sen. Robert Hayes, Jr. This event will be held on Tuesday, March 4, 2008, from 6:00 p.m. until 8:00 p.m. at the Clarion Townhouse Hotel.
Sincerely,
Jim Hawk
Department Adjutant
January 3, 2008
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the SC Student Legislature, the Members of the House of Representatives are invited to a breakfast. This event will be held on Wednesday, March 5, 2008, from 8:00 a.m. until 10:00 a.m. in Room 112 of the Blatt Building.
Sincerely,
James C. Sproat
SCSL Legislative Liaison
January 3, 2008
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the AARP-South Carolina, the Members and attaches of the House of Representatives are invited to a luncheon. This event will be held on Wednesday, March 5, 2008, from 12:00 noon until 2:00 p.m. on the State House Grounds.
Sincerely,
Teresa Arnold
Legislative Director
January 3, 2008
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the SC Summary Court Judges Association, the Members of the House of Representatives are invited to a reception. This event will be held on Wednesday, March 5, 2008, from 6:00 p.m. until 8:30 p.m. at Seawell's Restaurant.
Sincerely,
Judge Becky W. Gerrard
SCSCJA Treasurer
January 3, 2008
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the Foundation for the SC Governor's School for Science and Mathematics, the Members of the House of Representatives are invited to the 16th Annual Townes Award Dinner. This event will be held on Wednesday, March 5, 2008, from 7:00 p.m. until 9:00 p.m. at the Columbia Metropolitan Convention Center.
Sincerely,
Kim Bowman
Executive Director
January 3, 2008
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the SC Speech-Language-Hearing Association, the Members and attaches of the House of Representatives are invited to a breakfast. This event will be held on Thursday, March 6, 2008, from 8:00 a.m. until 10:00 a.m. in Room 112 of the Blatt Building.
Sincerely,
Charley Adams
President, SCSHA
January 3, 2008
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the Florence County Legislative Day Committee, the Members and attaches of the House of Representatives are invited to the 6th Annual Florence County Legislative Day Reception. This event will be held on Tuesday, March 25, 2008, from 6:00 p.m. until 9:00 p.m. at the Columbia Museum of Art.
Sincerely,
Lyles Cooper
Communications & Membership Relations Manager
January 3, 2008
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of Project F.A.I.T.H., the Members of the House of Representatives are invited to a breakfast. This event will be held on Wednesday, March 26, 2008, from 8:00 a.m. until 11:00 a.m. in Room 112 of the Blatt Building.
Sincerely,
Dr. Bambi Gaddist, Executive Director
SC HIV/AIDS Council
January 3, 2008
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the SC General Assembly Women's Caucus, the Members of the House of Representatives are invited to the Jean Laney Harris Luncheon. This event will be held on Wednesday, March 26, 2008, beginning at 1:00 p.m. at Seawell's on Rosewood.
Sincerely,
Denny W. Neilson
Chairman
January 3, 2008
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the Home Builders Association of South Carolina, the Members of the House of Representatives are invited to a Bird Supper. This event will be held on Wednesday, March 26, 2008, at 6:30 p.m. at the Embassy Suites Hotel.
Sincerely,
John C. Cone
Executive Director
January 3, 2008
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the SC Vocational Rehabilitation Association, the Members and attaches of the House of Representatives are invited to a breakfast. This event will be held on Thursday, March 27, 2008, from 8:00 a.m. until 10:00 a.m. in Room 112 of the Blatt Building.
Sincerely,
George M. Pullie
President
The following was received and referred to the appropriate committee for consideration:
Document No. 3180
Agency: Department of Insurance
Statutory Authority: 1976 Code Sections 38-3-110 and 38-9-80
Actuarial Opinion and Memorandum Regulation
Received by Speaker of the House of Representatives
January 31, 2008
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration May 30, 2008
The following was received:
Columbia, S.C., January 29, 2008
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 11:30 a.m. on Thursday, January 31, 2008, for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. SCARBOROUGH the invitation was accepted.
The following was received:
Columbia, S.C., January 30, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 3572:
H. 3572 (Word version) -- Reps. Hagood, Rutherford, Bales, Barfield, Branham, G. Brown, Cato, Ceips, Chalk, Coleman, Edge, Gullick, Hardwick, Hayes, Jefferson, Jennings, Limehouse, Littlejohn, Mack, McLeod, Ott, Pinson, Sandifer, Scott, W. D. Smith, Spires, Talley, White, Hart, Whipper and Cotty: A BILL TO AMEND CHAPTER 22, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRETRIAL INTERVENTION PROGRAM BY DESIGNATING THE EXISTING SECTIONS AS ARTICLE 1 AND BY ADDING ARTICLE 3 SO AS TO CREATE THE "TRAFFIC EDUCATION PROGRAM ACT", TO PROVIDE THAT EACH SOLICITOR HAS THE AUTHORITY TO ESTABLISH A PROGRAM FOR PERSONS WHO COMMIT TRAFFIC-RELATED OFFENSES PUNISHABLE BY A FINE OR LOSS OF FOUR POINTS OR LESS, TO PROVIDE THAT THE SOLICITOR IS AUTHORIZED TO CONTRACT FOR SERVICES WITH THE APPROPRIATE MUNICIPALITY OR COUNTY, AND TO PROVIDE PROCEDURES FOR THE OPERATION OF A TRAFFIC EDUCATION PROGRAM AND REQUIREMENTS FOR PERSONS DESIRING TO ENTER A PROGRAM.
and has ordered the Bill enrolled for ratification.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., January 30, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Fair, Sheheen and Campbell of the Committee of Conference on the part of the Senate on S. 274:
S. 274 (Word version) -- Senators Fair, Verdin, Anderson, Sheheen, Campsen, Thomas, Williams, Bryant, Cromer and Scott: A BILL TO AMEND CHAPTER 21, TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES, BY ADDING ARTICLE 13 SO AS TO ALLOW THE DEPARTMENT TO ESTABLISH DAY REPORTING CENTERS FOR CERTAIN INMATES OR OFFENDERS.
Very respectfully,
President
Received as information.
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 4600 (Word version) -- Rep. Hayes: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME EXIT 190 ALONG INTERSTATE HIGHWAY 95 IN DILLON COUNTY THE "BEN BERNANKE INTERCHANGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THE EXIT THAT CONTAIN THE WORDS "BEN BERNANKE INTERCHANGE".
Ordered for consideration tomorrow.
Rep. WALKER, from the Committee on Education and Public Works, submitted a favorable report with amendments on:
H. 3853 (Word version) -- Reps. Witherspoon, Walker, Bales, Harvin, Littlejohn, Lowe, Mahaffey, Miller, M. A. Pitts and Spires: A BILL TO AMEND SECTION 56-5-4630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PLACEMENT OF A RED LIGHT, LANTERN, OR FLAG UPON A LOAD THAT EXTENDS FOUR FEET OR MORE BEYOND THE BED OR BODY OF A VEHICLE, SO AS TO REVISE THE CIRCUMSTANCES UPON WHICH THE RED LIGHT, LANTERN, OR FLAG MUST BE PLACED UPON THE LOAD, AND TO PROVIDE THAT UNDER CERTAIN CIRCUMSTANCES AN AMBER STROBE LIGHT MUST BE AFFIXED TO THE LOAD.
Ordered for consideration tomorrow.
Rep. WALKER, from the Committee on Education and Public Works, submitted a favorable report with amendments on:
H. 4357 (Word version) -- Reps. E. H. Pitts and Viers: A BILL TO AMEND SECTION 57-25-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUS SHELTERS AND ADVERTISING ALLOWED THEREON FOR SUCH SHELTERS LOCATED IN THE RIGHT-OF-WAY OF A STATE ROAD, SO AS TO ALLOW ADVERTISING ON A STAND-ALONE BUS BENCH LOCATED WITHIN THE RIGHT-OF-WAY OF A STATE ROAD.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
S. 453 (Word version) -- Banking and Insurance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "FINANCIAL IDENTITY FRAUD AND IDENTITY THEFT PROTECTION ACT", BY ADDING CHAPTER 20 TO TITLE 37 PROVIDING FOR PROTECTIONS IN CONNECTION WITH CONSUMER CREDIT-REPORTING AGENCIES AND WITH THE USE AND COMMUNICATION OF A CONSUMER'S SOCIAL SECURITY NUMBER, IMPOSITION OF A SECURITY FREEZE ON A CONSUMER'S CREDIT REPORT, PRESCRIPTION OF MEASURES FOR DISPOSAL OF PERSONAL IDENTIFYING INFORMATION AND DISCLOSURE OF UNAUTHORIZED ACCESS TO PERSONAL IDENTIFYING INFORMATION, AND CIVIL DAMAGES, INCLUDING ATTORNEY'S FEES AND COSTS AND INJUNCTIVE RELIEF; BY REDESIGNATING THE FAMILY PRIVACY PROTECTION ACT OF CHAPTER 2, TITLE 30, AS ARTICLE 1 AND BY ADDING ARTICLE 3 PROVIDING FOR PROTECTION OF PERSONAL IDENTIFYING INFORMATION PRIVACY IN CONNECTION WITH A PUBLIC BODY AND ITS USE AND COMMUNICATION OF A RESIDENT'S SOCIAL SECURITY NUMBER, PRESCRIPTION FOR DISCLOSURE OF SOCIAL SECURITY INFORMATION AND IDENTIFYING INFORMATION BY AND TO CERTAIN PUBLIC BODIES, PROHIBITION OF REQUIRING THE USE OF PERSONAL IDENTIFYING INFORMATION ON A MORTGAGE AND IN PREPARATION OF DOCUMENTS FOR PUBLIC FILING, AND PROCEDURE FOR REDACTING CERTAIN PERSONAL IDENTIFYING INFORMATION FROM PUBLIC RECORDS; BY ADDING SECTION 1-11-490 SO AS TO PROVIDE FOR DISCLOSURE BY AN AGENCY OF THIS STATE OF UNAUTHORIZED ACCESS TO OR ACQUISITION OF THE PERSONAL IDENTIFYING INFORMATION OF A RESIDENT WHOSE INFORMATION THE AGENCY OWNS OR LICENSES AND TO PROVIDE FOR CIVIL DAMAGES, ATTORNEY'S FEES, AND INJUNCTIVE RELIEF; BY ADDING SECTION 16-11-725 SO AS TO MAKE IT UNLAWFUL TO USE ANOTHER PERSON'S HOUSEHOLD GARBAGE FOR THE PURPOSE OF COMMITTING FINANCIAL OR IDENTITY FRAUD; BY ADDING SECTION 16-13-512 SO AS TO REGULATE THE USE OF A CARDHOLDER'S SOCIAL SECURITY NUMBER ON A CREDIT OR DEBIT CARD RECEIPT; BY ADDING SECTION 39-1-90 SO AS TO PROVIDE FOR DISCLOSURE BY A PERSON CONDUCTING BUSINESS IN THIS STATE OF UNAUTHORIZED ACCESS TO OR ACQUISITION OF THE PERSONAL IDENTIFYING INFORMATION OF A RESIDENT WHOSE INFORMATION THE PERSON OWNS OF LICENSES AND TO PROVIDE FOR CIVIL DAMAGES, ATTORNEY'S FEES, AND INJUNCTIVE RELIEF; BY AMENDING SECTION 16-13-510, AS AMENDED, RELATING TO THE OFFENSE OF FINANCIAL IDENTITY FRAUD, SO AS TO ADD THE ELEMENTS OF WILFULNESS AND KNOWLEDGE AND TO INCLUDE THE OFFENSE OF IDENTITY FRAUD AS THE USE OF ANOTHER'S INFORMATION TO AVOID LEGAL CONSEQUENCES OR TO OBTAIN EMPLOYMENT AND TO FURTHER DEFINE "IDENTIFYING INFORMATION"; AND TO REPEAL SECTION 16-13-515, RELATING TO IDENTITY FRAUD; AND TO PROVIDE VARIOUS EFFECTIVE DATES.
Ordered for consideration tomorrow.
The following was introduced:
H. 4618 (Word version) -- Rep. G. Brown: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE DEATH OF WORLD WAR II PILOT AND COMMUNITY LEADER, RAYMOND BUTTERS, OF LEE COUNTY, AND TO EXTEND THE DEEPEST SYMPATHY TO HIS FAMILY, HIS MANY FRIENDS, AND HIS COMMUNITY.
The Resolution was adopted.
The following was introduced:
H. 4619 (Word version) -- Reps. Erickson, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, 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, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND CORPORAL ADAM R. HOLMQUIST, UNITED STATES MARINE CORPS, ON THE AWARDING OF THE BRONZE STAR MEDAL FOR HIS HEROIC ACTION IN COMBAT DURING OPERATION IRAQI FREEDOM, AND TO EXPRESS APPRECIATION TO HIM ON BEHALF OF OUR GRATEFUL STATE.
The Resolution was adopted.
The Senate sent to the House the following:
S. 856 (Word version) -- Senators McConnell, Grooms, Ritchie, Bryant, Campsen, O'Dell, Alexander, Elliott, McGill, Ceips and Knotts: A CONCURRENT RESOLUTION REQUESTING THE CONGRESS OF THE UNITED STATES TO CALL A CONVENTION FOR THE SOLE AND EXCLUSIVE PURPOSE OF PROPOSING AN AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES TO PROVIDE THAT NO PROVISION OF THE CONSTITUTION SHALL RESTRICT OR LIMIT A STATE FROM ENFORCING FEDERAL LAW WITH REGARD TO IMMIGRATION VIOLATIONS, TO PROVIDE THAT A STATE MAY DECIDE WHAT GOVERNMENT SERVICES FUNDED IN WHOLE OR IN PART BY THE STATE MAY BE PROVIDED TO OR DENIED TO UNDOCUMENTED ALIENS, TO PROVIDE THAT THE STATES SHALL HAVE ANY POWER TO REGULATE IMMIGRATION THAT HAS NOT BEEN SPECIFICALLY PREEMPTED BY CONGRESS, TO PROVIDE THAT EACH STATE HAS THE POWER TO PRESCRIBE STATE CIVIL AND CRIMINAL PENALTIES FOR ILLEGALLY ENTERING THE UNITED STATES, AND TO PROVIDE THAT A STATE HAS THE POWER TO APPREHEND AND EXPEL PERSONS FROM ITS BORDERS WHO ARE IN VIOLATION OF FEDERAL IMMIGRATION LAW, AND THAT THE FEDERAL GOVERNMENT MUST PROVIDE TIMELY ASSISTANCE IN EXPELLING UNDOCUMENTED ALIENS UPON A REQUEST BY A STATE.
The Concurrent Resolution was ordered referred to the Committee on Judiciary.
The Senate sent to the House the following:
S. 1036 (Word version) -- Senator Ryberg: A CONCURRENT RESOLUTION CONGRATULATING THE CONGREGATION OF SOUTH AIKEN CHURCH OF GOD ON THEIR LONG HISTORY OF SERVICE TO THE AIKEN COMMUNITY AND THE DEDICATION OF THEIR NEW SANCTUARY.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was taken up for immediate consideration:
S. 1037 (Word version) -- Senators Knotts, Leatherman, Cleary, Patterson, Ceips, Alexander, Thomas, Scott, McGill, Matthews, Short, Verdin and Campbell: A CONCURRENT RESOLUTION TO REAFFIRM THE GENERAL ASSEMBLY'S COMMITMENT TO OPEN GOVERNMENT IN SOUTH CAROLINA; TO RECOGNIZE THE ROLE PLAYED BY THE FREEDOM OF INFORMATION ACT IN OPEN GOVERNMENT AND TO EXPRESS APPRECIATION TO THE SOUTH CAROLINA PRESS ASSOCIATION FOR ITS ROLE IN PROMOTING OPEN GOVERNMENT; TO DECLARE MARCH 16, 2008, AS "SUNSHINE SUNDAY" AND MARCH 16-22, 2008, AS "OPEN GOVERNMENT WEEK IN SOUTH CAROLINA" AND TO ENCOURAGE PARTICIPATION IN THESE ACTIVITIES COMMEMORATING OUR OPEN AND DEMOCRATIC GOVERNMENT.
Whereas, the General Assembly has declared in the Freedom of Information Act "...that it is vital in a democratic society that public business be performed in an open and public manner so that citizens shall be advised of the performance of public officials and of the decisions that are reached in public activity and in the formulation of public policy..."; and
Whereas, the Freedom of Information Act was enacted in 1978 and has provided a means whereby citizens and their representatives may learn and report fully the activities of their public officials at a minimum cost or delay; and
Whereas, the courts of South Carolina have consistently recognized that the purpose of the General Assembly in adopting the Freedom of Information Act was to prevent secret government action at all levels of government in this State; and
Whereas, the South Carolina Press Association is sponsoring and promoting Sunday, March 16, 2008, as "Sunshine Sunday" and March 16-22, 2008, as "Open Government Week in South Carolina"; and
Whereas, it is proper and fitting for the members of the General Assembly to pause in their deliberations to salute open government in South Carolina and to recognize the South Carolina Press Association for its important role in promoting open government. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the South Carolina General Assembly, by this resolution, reaffirm their commitment to open government, recognize the importance of the Freedom of Information Act in accomplishing open government, and express appreciation to the South Carolina Press Association for its important role in promoting open government.
Be it further resolved that Sunday, March 16, 2008, be declared "Sunshine Sunday" and March 16-22, 2008, "Open Government Week in South Carolina" and that all citizens be encouraged to participate in activities commemorating our open, democratic government and that a copy of this resolution be forwarded to the South Carolina Press Association.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4620 (Word version) -- Reps. Harrell, Harrison, Cato, Hagood, Howard, W. D. Smith, Walker and White: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI, CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE ADJUTANT GENERAL, COMMISSIONER OF AGRICULTURE, SECRETARY OF STATE, AND SUPERINTENDENT OF EDUCATION FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT UPON THE EXPIRATION OF THE TERMS OF THESE OFFICERS SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION, THEY MUST BE APPOINTED BY THE GOVERNOR, UPON THE ADVICE AND CONSENT OF THE GENERAL ASSEMBLY, TO SERVE AT HIS PLEASURE AND TO BE REMOVABLE BY HIM FOR ANY REASON; PROPOSING AN AMENDMENT TO SECTION 4, ARTICLE XIII, RELATING TO THE ADJUTANT GENERAL AND HIS STAFF OFFICERS, SO AS TO UPDATE REFERENCES TO HIS TITLE AND MILITARY RANK, AND TO PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF THE ADJUTANT GENERAL SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION, HE MUST BE APPOINTED BY THE GOVERNOR IN THE MANNER REQUIRED BY SECTION 7, ARTICLE VI; AND PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE XI, RELATING TO THE STATE BOARD OF EDUCATION, SO AS TO ABOLISH THE BOARD EFFECTIVE UPON THE STATE SUPERINTENDENT OF EDUCATION BEING APPOINTED BY THE GOVERNOR.
Referred to Committee on Judiciary
H. 4621 (Word version) -- Reps. Hutson, Erickson, Knight, Loftis, Whipper, W. D. Smith, Barfield, Brady, Dantzler, Govan, Limehouse, Miller, M. A. Pitts, Sandifer, Witherspoon and Young: A BILL TO AMEND SECTION 56-5-1350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF PUBLIC SAFETY'S TABULATION, ANALYSIS, AND PUBLICATION OF STATISTICAL INFORMATION REGARDING ACCIDENT REPORTS, SO AS TO REQUIRE THE DEPARTMENT TO ANALYZE AND PUBLISH AN ANNUAL REPORT REGARDING EACH SITE WHERE THREE OR MORE TRAFFIC ACCIDENTS OCCURRED DURING A YEAR, TO REQUIRE THE DEPARTMENT OF TRANSPORTATION TO USE THIS INFORMATION TO DEVELOP A PROGRAM TO IMPROVE HIGHWAY SAFETY, TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION MUST FURNISH A STATUS REPORT OF ITS HIGHWAY SAFETY IMPROVEMENTS TO THE DEPARTMENT OF TRANSPORTATION COMMISSION AND TWO COMMITTEES OF THE GENERAL ASSEMBLY.
Referred to Committee on Education and Public Works
H. 4622 (Word version) -- Reps. Hutson, Dantzler, Limehouse, Miller, Perry, Umphlett and Witherspoon: A BILL TO AMEND SECTION 56-1-720, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POINTS ASSESSED A PERSON'S DRIVING RECORD FOR VIOLATING CERTAIN PROVISIONS THAT REGULATE THE OPERATION OF A MOTOR VEHICLE, SO AS TO PROVIDE THAT FOUR POINTS MUST BE ASSESSED AGAINST THE DRIVING RECORD OF A PERSON FOR THE IMPROPER OPERATION OF A VEHICLE WHEN APPROACHING A STATIONARY EMERGENCY VEHICLE; AND TO AMEND SECTION 56-5-1538, RELATING TO THE MANAGEMENT OF AN EMERGENCY SCENE AND PENALTIES FOR A VIOLATION OF THIS PROVISION, SO AS TO REUSE THE DEFINITION OF AN EMERGENCY SCENE, TO PROVIDE THAT ALL PERSONS DRIVING IN OR THROUGH AN EMERGENCY SCENE MUST EXERCISE DUE REGARD FOR THE SAFETY OF ALL PERSONS WHEN HE DRIVES TO OR FROM AN EMERGENCY SCENE, TO PROVIDE THAT A PERSON WHO COMMITS A MOVING VIOLATION IN AN EMERGENCY IS SUBJECT TO A FINE THAT IS DOUBLE THE FINE OTHERWISE PRESCRIBED FOR THAT MOVING VIOLATION, AND TO PROVIDE THAT CERTAIN CONDUCT BY A DRIVER CONSTITUTES A FACTOR IN AGGRAVATION.
Referred to Committee on Education and Public Works
H. 4623 (Word version) -- Reps. Hutson, Crawford, Erickson, Loftis, W. D. Smith, Barfield, Clemmons, Dantzler, Davenport, Govan, Jennings, Limehouse, Miller, Perry, M. A. Pitts, J. R. Smith, Umphlett, Witherspoon and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-15-140 SO AS TO ESTABLISH A JOINT ZERO-BASE BUDGET AND AGENCY EVALUATION COMMITTEE TO SELECT STATE AGENCIES AND DEPARTMENTS FOR A ZERO-BASE BUDGET REVIEW AND EVALUATION, AND TO CREATE A DIVISION WITHIN THE LEGISLATIVE AUDIT COUNCIL TO CONDUCT EVALUATIONS OF PROGRAMS OF STATE AGENCIES AND DEPARTMENTS SELECTED BY THE JOINT COMMITTEE TO DETERMINE IF THESE PROGRAMS HAVE OUTLIVED THEIR USEFULNESS OR SHOULD BE CHANGED TO ADDRESS THE PRIORITIES AND NEEDS OF THE CITIZENS THEY AFFECT, PROVIDE FOR A PROCEDURE FOR THE INITIATION OF A REVIEW, AND PROVIDE FOR ITS FINDINGS AFTER A REVIEW HAS BEEN COMPLETED, AND TO REQUIRE THE GOVERNOR IN THE PREPARATION OF THE ANNUAL RECOMMENDED STATE BUDGET TO APPLY ZERO-BASE BUDGETING PRINCIPLES AND TO REQUIRE THE HOUSE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE IN THE CONSIDERATION OF THE ANNUAL GENERAL APPROPRIATIONS BILL AND BILLS OR JOINT RESOLUTIONS MAKING SUPPLEMENTAL APPROPRIATIONS TO APPLY ZERO-BASE BUDGETING PRINCIPLES.
Referred to Committee on Ways and Means
H. 4627 (Word version) -- Reps. Cotty, Edge, Herbkersman and Clemmons: A BILL TO AMEND SECTION 12-33-245, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FIVE PERCENT EXCISE TAX ON THE SALE OF ALCOHOLIC LIQUORS FOR ON-PREMISES CONSUMPTION AND THE DISTRIBUTION OF THE REVENUES OF THE TAX, SO AS TO PROVIDE THAT THE MINIMUM DISTRIBUTION TO STATE AGENCIES, COUNTIES, AND LOCAL ENTITIES MUST BE BASED ON REVENUES RECEIVED IN FISCAL YEAR 2004-2005, RATHER THAN REVENUES ALLOCATED.
Referred to Committee on Ways and Means
S. 858 (Word version) -- Senators McConnell, Rankin, O'Dell, Elliott, Malloy and McGill: A BILL TO AMEND SECTION 38-73-1095, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO ESSENTIAL PROPERTY INSURANCE AND RATING PLAN FACTORS, SO AS TO PROVIDE CREDITS AND DISCOUNTS OR SURCHARGES AND DEBITS CALCULATED ON CERTAIN RATING FACTORS FOR RETROFITTING PROPERTY IN ALL AREAS OF THE STATE IN ADDITION TO PROVIDING CREDITS AND DISCOUNTS OR SURCHARGES AND DEBITS CALCULATED ON CERTAIN RATING FACTORS FOR RETROFITTING PROPERTY IN THE COASTAL AREA OR SEACOAST AREA.
Referred to Committee on Labor, Commerce and Industry
S. 863 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 34-11-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EVIDENCE OF FRAUDULENT INTENT IN DRAWING A DISHONORED CHECK, SO AS TO PROVIDE THAT A CHARGE THAT IS DISMISSED FOR WANT OF PROSECUTION OR BY REASON OF PAYMENT OF RESTITUTION AND COSTS IS NOT A CHARGE THAT EVIDENCES AN ACT OF MORAL TURPITUDE FOR PURPOSES OF AN OFFICIAL BACKGROUND CERTIFICATION; AND TO REPEAL SECTION 34-11-100 RELATING TO THE EFFECT OF PAYMENT AFTER INSTITUTION OF PROSECUTION.
Referred to Committee on Judiciary
The following was introduced:
H. 4624 (Word version) -- Reps. Clemmons, Hardwick, Viers, Barfield, Witherspoon, Edge, Harrell and Vick: A HOUSE RESOLUTION TO COMMEND ROBERT RABON, HORRY COUNTY REPUBLICAN PARTY CHAIRMAN AND COASTAL CAROLINA UNIVERSITY TRUSTEE, FOR HIS INSTRUMENTAL INVOLVEMENT IN BRINGING THE 2008 REPUBLICAN PRESIDENTIAL DEBATE TO MYRTLE BEACH.
The Resolution was adopted.
On motion of Rep. CLEMMONS, with unanimous consent, the following was taken up for immediate consideration:
H. 4625 (Word version) -- Rep. Clemmons: A HOUSE RESOLUTION TO HONOR THE MEMORY OF JASON D. FLATT FOR WHOM THE JASON FOUNDATION IS NAMED, AND TO DESIGNATE FEBRUARY 7, 2008, AWARENESS, EDUCATION, AND PREVENTION OF YOUTH SUICIDE DAY IN SOUTH CAROLINA.
Whereas, the members of the South Carolina House of Representatives recognize that this state's most precious natural resource lodges in the visionary passions and vibrant potential of its youth; and
Whereas, to honor the memory of his bright, lively, athletic son and to "keep more than dreams alive" by averting the loss of young lives through suicide, John C. Flatt founded The Jason Foundation, Incorporated, and serves as its president, with Dr. John A. Flatt, Jason's brother, as vice president; and
Whereas, The Jason Foundation is a nationally recognized organization dedicated to the prevention of youth suicide through programs of education and awareness, such as a school-based curriculum unit, seminars for parents and other caregivers, and education courses for teachers, school personnel, and youth workers; and
Whereas, The Jason Foundation has taken a leading role in awareness, education, and prevention against the silent epidemic of youth suicide since it began in October 1997, through affiliation with such influential bodies as Psychiatric Solutions, Incorporated, the National Clinical Affiliate; Wal-Mart, the National Corporate Affiliate; and The American Football Coaches Association and USA Wrestling Association, National Awareness Affiliates; and
Whereas, in partnership with such prominent ambassadors in South Carolina as Coach Tommy Bowden and Coach Steve Spurrier, The Jason Foundation, Incorporated, is opening an affiliate office in the Lighthouse Care Centers of Conway on February 7, 2008. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the South Carolina House of Representatives, by this resolution, honor the memory of Jason D. Flatt, for whom The Jason Foundation is named, and designate February 7, 2008, Awareness, Education, and Prevention of Youth Suicide Day in South Carolina.
The Resolution was adopted.
The following was introduced:
H. 4626 (Word version) -- Rep. Sellers: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE THE UNITED STATES SENATOR FROM ILLINOIS, BARACK OBAMA, FOR HIS VICTORY IN THE SOUTH CAROLINA DEMOCRATIC PRIMARY HELD ON JANUARY 26, 2008.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows:
Agnew Allen Anderson Anthony Bales Ballentine Bannister Barfield Bedingfield Bingham Bowen Bowers Brady Branham Brantley Breeland G. Brown R. Brown Cato Chalk Clemmons Clyburn Cobb-Hunter Coleman Cooper Crawford Dantzler Davenport Delleney Duncan Erickson Frye Funderburk Gambrell Gullick Haley Hamilton Hardwick Harrell Harrison Hart Harvin Hayes Herbkersman Hiott Hodges Hosey Howard Huggins Hutson Jefferson Jennings Kelly Kennedy Kirsh Knight Leach Limehouse Littlejohn Loftis Lowe Lucas Mack Mahaffey McLeod Merrill Miller Mitchell Moss Mulvaney J. H. Neal J. M. Neal Neilson Ott Owens Perry Phillips Pinson E. H. Pitts M. A. Pitts Rice Rutherford Sandifer Scarborough Scott Shoopman Simrill Skelton D. C. Smith F. N. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Spires Stavrinakis Stewart Talley Taylor Thompson Toole Vick Walker Weeks Whipper White Whitmire Williams Witherspoon Young
I came in after the roll call and was present for the Session on Thursday, January 31.
Gloria Haskins Terry Alexander Thad Viers Tracy Edge Bill Cotty Jerry Govan C. David Umphlett Bakari Sellers
The SPEAKER granted Rep. PARKS a leave of absence for the day due to illness.
The SPEAKER granted Rep. MOODY-LAWRENCE a leave of absence for the day.
The SPEAKER granted Rep. SCOTT a leave of absence for the remainder of the day to attend a funeral.
Announcement was made that Dr. Robert R. Morgan, Jr., of Greenville was the Doctor of the Day for the General Assembly.
Rep. VICK presented to the House the Chesterfield High School "Golden Rams" Football Team, the 2007 Class A Champions, their coaches and other school officials.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 4596 (Word version)
Date: ADD:
01/31/08 CHALK
Bill Number: H. 3301 (Word version)
Date: ADD:
01/31/08 MOSS
Bill Number: H. 4364 (Word version)
Date: ADD:
01/31/08 MCLEOD
Bill Number: H. 4390 (Word version)
Date: ADD:
01/31/08 ERICKSON
Bill Number: H. 4408 (Word version)
Date: ADD:
01/31/08 BEDINGFIELD
Bill Number: H. 4474 (Word version)
Date: ADD:
01/31/08 CLEMMONS
Bill Number: H. 4483 (Word version)
Date: ADD:
01/31/08 BOWERS
Bill Number: H. 4596 (Word version)
Date: ADD:
01/31/08 BRANHAM
Bill Number: H. 4596 (Word version)
Date: ADD:
01/31/08 LEACH
Bill Number: H. 4596 (Word version)
Date: ADD:
01/31/08 BINGHAM
Bill Number: H. 4596 (Word version)
Date: ADD:
01/31/08 DAVENPORT
Bill Number: H. 3715 (Word version)
Date: ADD:
01/31/08 CLEMMONS
Bill Number: H. 3715 (Word version)
Date: ADD:
01/31/08 SHOOPMAN
Bill Number: H. 3715 (Word version)
Date: ADD:
01/31/08 TOOLE
Bill Number: H. 3715 (Word version)
Date: ADD:
01/31/08 G. R. SMITH
Bill Number: H. 3202 (Word version)
Date: ADD:
01/31/08 LOWE
Bill Number: H. 3202 (Word version)
Date: ADD:
01/31/08 HARRELL
Bill Number: H. 3202 (Word version)
Date: ADD:
01/31/08 SHOOPMAN
Bill Number: H. 3202 (Word version)
Date: ADD:
01/31/08 G. R. SMITH
The following Bill was read the third time, passed and, 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:
S. 993 (Word version) -- Senator Hutto: A BILL TO ENACT THE "ALLENDALE COUNTY SCHOOL DISTRICT SCHOOL BOND-PROPERTY TAX RELIEF ACT" SO AS TO AUTHORIZE THE IMPLEMENTATION FOLLOWING REFERENDUM APPROVAL OF A SALES AND USE TAX IN ALLENDALE COUNTY NOT TO EXCEED ONE PERCENT TO BE USED FOR DEBT SERVICE ON GENERAL OBLIGATION BONDS ISSUED FOR SCHOOL CONSTRUCTION AND RENOVATION OR FOR DIRECT PAYMENTS FOR SCHOOL CONSTRUCTION AND RENOVATIONS.
The following Joint Resolutions were taken up, read the third time, and ordered sent to the Senate:
H. 4347 (Word version) -- Reps. Stavrinakis, Young, Toole, Littlejohn, Cotty, Funderburk, McLeod, Battle, M. A. Pitts, Viers, Shoopman and Bedingfield: A JOINT RESOLUTION TO DIRECT THE ATTORNEY GENERAL OF SOUTH CAROLINA TO PURSUE ALL AVAILABLE REMEDIES AND SEEK REIMBURSEMENT FROM THE FEDERAL GOVERNMENT FOR COSTS INCURRED BY THE STATE ASSOCIATED WITH THE INCARCERATION OF ILLEGAL IMMIGRANTS AND PROVISION OF VARIOUS STATE GOVERNMENTAL SERVICES TO ILLEGAL IMMIGRANTS AND TO REQUIRE THE COOPERATION OF STATE GOVERNMENTAL AGENCIES IN PROVIDING INFORMATION ON ILLEGAL IMMIGRATION AND ILLEGAL IMMIGRANTS TO THE ATTORNEY GENERAL.
H. 4566 (Word version) -- Rep. Cooper: A JOINT RESOLUTION AUTHORIZING THE OFFICE OF GENERAL COUNSEL OF THE STATE BUDGET AND CONTROL BOARD TO NEGOTIATE AND SATISFY THE FEE AWARD ENTERED BY THE SOUTH CAROLINA SUPREME COURT IN LAYMAN, ET AL. VS. THE STATE OF SOUTH CAROLINA AND TO PROVIDE THE SOURCES OF FUNDS AND AUTHORIZE THEIR EXPENDITURE FOR THAT PURPOSE.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments:
S. 392 (Word version) -- Senators Ritchie, Cromer, Sheheen, Campsen, Scott, Williams, Vaughn and Ceips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14 TO TITLE 8, RELATING TO ILLEGAL ALIENS AND PUBLIC EMPLOYMENT, SO AS TO ENACT THE "SOUTH CAROLINA ILLEGAL IMMIGRATION REFORM ACT", TO REQUIRE THAT EVERY PUBLIC EMPLOYER PARTICIPATE IN THE FEDERAL WORK AUTHORIZATION PROGRAM TO VERIFY ALL NEW EMPLOYEES, TO REQUIRE CONTRACTORS OR SUBCONTRACTORS WHO CONTRACT WITH PUBLIC EMPLOYERS FOR THE PHYSICAL PERFORMANCE OF SERVICES TO REGISTER AND PARTICIPATE IN THE FEDERAL WORK AUTHORIZATION PROGRAM, TO DEFINE TERMS, TO ESTABLISH DEADLINES TO COMPLY FOR PUBLIC EMPLOYERS, CONTRACTORS, AND SUBCONTRACTORS, TO REQUIRE THAT THE PROVISIONS OF THE CHAPTER ARE ENFORCEABLE WITHOUT REGARD TO RACE, RELIGION, GENDER, ETHNICITY, OR NATIONAL ORIGIN, AND TO AUTHORIZE THE DIRECTOR OF THE STATE BUDGET AND CONTROL BOARD TO PRESCRIBE FORMS AND PROMULGATE RULES NECESSARY TO ADMINISTER THE ACT AND PUBLISH THE RULES AND REGULATIONS ON THE BOARD'S WEBSITE; TO AMEND TITLE 8 BY ADDING CHAPTER 28, RELATING TO ENFORCEMENT OF FEDERAL IMMIGRATION AND CUSTOMS LAWS, SO AS TO AUTHORIZE THE CHIEF OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION TO NEGOTIATE THE TERMS OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE STATE AND THE FEDERAL GOVERNMENT CONCERNING THE ENFORCEMENT OF FEDERAL IMMIGRATION AND CUSTOMS LAWS, DETENTION AND REMOVALS, AND INVESTIGATIONS IN THE STATE, TO AUTHORIZE THE CHIEF OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION TO DESIGNATE APPROPRIATE LAW ENFORCEMENT OFFICERS TO BE TRAINED PURSUANT TO THE MEMORANDUM OF UNDERSTANDING, TO STIPULATE THAT NO TRAINING SHALL TAKE PLACE UNTIL FUNDING IS SECURED, TO PERMIT THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS, ANY COUNTY SHERIFF, OR THE GOVERNING BODY OF ANY MUNICIPALITY THAT MAINTAINS A POLICE FORCE TO ENTER INTO THE MEMORANDUM AS A PARTY AND PROVIDE OFFICERS TO BE TRAINED, AND TO PROVIDE THAT AN OFFICER CERTIFIED AS TRAINED IN ACCORDANCE WITH THE MEMORANDUM IS AUTHORIZED TO ENFORCE FEDERAL IMMIGRATION AND CUSTOMS LAWS WHILE PERFORMING WITHIN THE SCOPE OF HIS OR HER DUTIES; TO AMEND TITLE 8, BY ADDING CHAPTER 29, RELATING TO VERIFICATION OF A PERSON'S LAWFUL PRESENCE IN THE UNITED STATES, SO AS TO REQUIRE THAT EVERY AGENCY OR POLITICAL SUBDIVISION OF THIS STATE VERIFY THE LAWFUL PRESENCE IN THE UNITED STATES OF ANY NATURAL PERSON EIGHTEEN OR OLDER WHO HAS APPLIED FOR STATE OR LOCAL PUBLIC BENEFITS, AS DEFINED BY FEDERAL LAW, THAT ARE ADMINISTERED BY AN AGENCY OR POLITICAL SUBDIVISION OF THIS STATE, TO REQUIRE ENFORCEMENT OF THIS PROVISION WITHOUT REGARD TO RACE, RELIGION, GENDER, ETHNICITY, OR NATIONAL ORIGIN, TO PROVIDE EXCEPTIONS FOR VERIFICATION OF A PERSON'S LAWFUL PRESENCE IN THE UNITED STATES, TO PROVIDE A PROCEDURE FOR A PERSON TO VERIFY HIS OR HER LAWFUL PRESENCE IN THE UNITED STATES, INCLUDING EXECUTING AN AFFIDAVIT THAT THE PERSON IS A UNITED STATES CITIZEN OR LEGAL PERMANENT RESIDENT OR A QUALIFIED ALIEN OR NONIMMIGRANT UNDER THE IMMIGRATION AND NATURALIZATION ACT, TO REQUIRE THAT ELIGIBILITY FOR BENEFITS SHALL BE MADE THROUGH THE FEDERAL SYSTEMATIC ALIEN VERIFICATION OF ENTITLEMENT PROGRAM MAINTAINED BY THE DEPARTMENT OF HOMELAND SECURITY, TO MANDATE THAT A PERSON WHO KNOWINGLY AND WILLFULLY MAKES A FALSE, FICTITIOUS, OR FRAUDULENT STATEMENT OR REPRESENTATION IN AN AFFIDAVIT EXECUTED PURSUANT TO THIS SECTION, OR WHO AIDS OR ABETS A PERSON IN KNOWINGLY AND WILLFULLY MAKING A FALSE, FICTITIOUS, OR FRAUDULENT STATEMENT OR REPRESENTATION IN AN AFFIDAVIT SHALL BE GUILTY OF A FELONY AND, UPON CONVICTION, SHALL BE FINED OR IMPRISONED NOT MORE THAN FIVE YEARS, OR BOTH, AND MUST DISGORGE ANY BENEFIT RECEIVED AND MAKE RESTITUTION TO THE AGENCY WHO ADMINISTERED THE BENEFIT OR ENTITLEMENT, TO REQUIRE THAT IF THE AFFIDAVIT CONSTITUTES A FALSE CLAIM OF UNITED STATES CITIZENSHIP, THE STATE SHALL FILE A COMPLAINT WITH THE UNITED STATES ATTORNEY'S OFFICE, TO PROVIDE THAT AGENCIES OR POLITICAL SUBDIVISIONS MAY ADOPT VARIATIONS OF THE REQUIREMENTS OF THIS SECTION TO REDUCE DELAY AND IMPROVE EFFICIENCY, TO PROVIDE THAT IT SHALL BE UNLAWFUL FOR ANY STATE AGENCY OR POLITICAL SUBDIVISION TO PROVIDE BENEFITS IN VIOLATION OF THIS SECTION, AND TO REQUIRE THAT ALL ERRORS AND DELAYS EXPERIENCED BY AGENCIES OR POLITICAL SUBDIVISIONS IN THE SYSTEMATIC ALIEN VERIFICATION OF ENTITLEMENT PROGRAM BE REPORTED TO THE DEPARTMENT OF HOMELAND SECURITY; TO ADD SECTION 12-6-1175, SO AS TO PROHIBIT ANY WAGES OR REMUNERATION FOR LABOR SERVICES PAID TO AN INDIVIDUAL OF SIX HUNDRED DOLLARS OR MORE PER YEAR FROM BEING CLAIMED AS A DEDUCTIBLE BUSINESS EXPENSE FOR STATE INCOME TAX PURPOSES UNLESS THE INDIVIDUAL IS AN AUTHORIZED EMPLOYEE, TO PROVIDE FOR EXEMPTIONS, TO REQUIRE THE DIRECTOR OF THE DEPARTMENT OF REVENUE TO PRESCRIBE FORMS AND PROMULGATE REGULATIONS TO EFFECTUATE THIS SECTION, AND TO REQUIRE THE EXECUTIVE DIRECTOR OF THE SOUTH CAROLINA EMPLOYMENT SECURITIES COMMISSION TO SEND WRITTEN NOTICE OF THIS PROVISION TO ALL EMPLOYERS IN THIS STATE; TO ADD SECTION 12-8-595, SO AS TO REQUIRE TAX WITHHOLDING AGENTS FOR EMPLOYERS TO WITHHOLD STATE INCOME TAX AT THE RATE OF SIX PERCENT OF THE AMOUNT OF COMPENSATION PAID TO AN INDIVIDUAL IF THE INDIVIDUAL HAS FAILED TO PROVIDE A TAXPAYER IDENTIFICATION NUMBER, FAILED TO PROVIDE A CORRECT TAXPAYER IDENTIFICATION NUMBER, OR PROVIDED A TAXPAYER IDENTIFICATION NUMBER ISSUED FOR NONRESIDENTS, TO PROVIDE THAT WITHHOLDING AGENTS WHO FAIL TO FOLLOW THE PROVISIONS OF THIS SECTION ARE LIABLE FOR THE TAX, TO PROVIDE EXCEPTIONS FROM LIABILITY FOR WITHHOLDING AGENTS IF THE EMPLOYEE PROVIDES A FACIALLY CORRECT TAXPAYER IDENTIFICATION NUMBER THAT THE WITHHOLDING AGENT DOES NOT KNOW WAS FALSE OR INCORRECT, AND TO REQUIRE THE EXECUTIVE DIRECTOR OF THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO SEND NOTICE OF THIS PROVISION TO ALL EMPLOYERS; TO ADD SECTION 16-9-460, TO PROVIDE THAT IT IS A FELONY FOR ANY PERSON TO TRANSPORT, MOVE, OR ATTEMPT TO TRANSPORT WITHIN THE STATE ANY PERSON KNOWINGLY OR IN RECKLESS DISREGARD TO THE FACT THAT THE PERSON HAS COME TO, ENTERED INTO, OR REMAINED IN THE UNITED STATES IN VIOLATION OF THE LAW, IN FURTHERANCE OF THE PERSON'S ILLEGAL PRESENCE IN THE UNITED STATES, OR TO CONCEAL, HARBOR, OR SHELTER FROM DETECTION A PERSON ILLEGALLY IN THE UNITED STATES IN FURTHERANCE OF THE PERSON'S ILLEGAL PRESENCE IN THE UNITED STATES, TO PROVIDE FOR PENALTIES IF A PERSON IS CONVICTED, AND TO PROHIBIT ANY PERSON CONVICTED FROM OBTAINING A PROFESSIONAL LICENSE IN SOUTH CAROLINA; TO ADD SECTION 16-9-460, SO AS SO MAKE IT A FELONY TO TRANSPORT, MOVE, OR ATTEMPT TO TRANSPORT WITHIN THE STATE ANY PERSON KNOWINGLY OR IN RECKLESS DISREGARD FOR THE FACT THAT THE PERSON IS NOT LEGALLY PRESENT IN THE UNITED STATES, OR TO CONCEAL, HARBOR, OR SHELTER FROM DETECTION ANY PERSON IN ANY PLACE KNOWINGLY OR IN RECKLESS DISREGARD OF THE FACT THAT THE PERSON IS NOT LEGALLY PRESENT IN THE UNITED STATES, AND TO PROVIDE PENALTIES FOR A CONVICTION FOR SUCH CRIME; TO ADD SECTION 23-3-1100, SO AS TO REQUIRE THAT ALL JAILS OF THIS STATE OR ITS COUNTIES OR MUNICIPALITIES MUST MAKE A REASONABLE EFFORT TO DETERMINE WHETHER ANY PERSON CHARGED WITH A FELONY OR DRIVING UNDER THE INFLUENCE IS LAWFULLY PRESENT IN THE UNITED STATES, TO MAKE SUCH VERIFICATION WITHIN 72 HOURS OF CONFINEMENT, TO NOTIFY THE DEPARTMENT OF HOMELAND SECURITY IF A PERSON IS NOT LAWFULLY IN THE UNITED STATES, AND TO REQUIRE THE STATE LAW ENFORCEMENT DIVISION TO PROMULGATE REGULATIONS TO COMPLY WITH THE PROVISIONS OF THIS SECTION; TO ADD SECTION 39-5-37, SO AS TO PROVIDE A CIVIL CAUSE OF ACTION TO ANY PERSON WHO IS TERMINATED BY AN EMPLOYER IF THE PURPOSE FOR DISCHARGE WAS TO REPLACE THE WORKER WITH ANOTHER PERSON WHO THE EMPLOYER KNEW OR SHOULD HAVE KNOWN WAS NOT LAWFULLY ADMITTED TO THE UNITED STATES, OR NOT AUTHORIZED TO WORK IN THE UNITED STATES, AND TO PROVIDE AN EXEMPTION FOR ANY EMPLOYER WHO CONFIRMS A WORKER'S STATUS THROUGH THE FEDERAL WORK AUTHORIZATION PROGRAM; AND TO AMEND TITLE 40, BY ADDING CHAPTER 83, RELATING TO REGISTRATION OF IMMIGRATION ASSISTANCE SERVICES, SO AS TO ADD THE "REGISTRATION OF IMMIGRATION SERVICE ACT" TO REQUIRE ALL IMMIGRATION ASSISTANCE SERVICES TO OBTAIN A BUSINESS LICENSE FROM THE SOUTH CAROLINA DEPARTMENT OF LABOR, LICENSING AND REGULATION, TO PROVIDE DEFINITIONS, TO LIST THE SERVICES THAT IMMIGRATION ASSISTANCE SERVICES MAY PROVIDE, TO PROHIBIT IMMIGRATION SERVICES FROM ACCEPTING PAYMENT IN EXCHANGE FOR PROVIDING LEGAL ADVICE, FOR REFUSING TO RETURN DOCUMENTS SUPPLIED BY, PREPARED FOR, OR PAID FOR BY A CUSTOMER, FOR REPRESENTING OR ADVERTISING, IN CONNECTION WITH PROVIDING IMMIGRATION ASSISTANCE SERVICES, CERTAIN TITLES TO INCLUDE "NOTARY PUBLIC", OR "IMMIGRATION CONSULTANT", OR FOR PROVIDING LEGAL ADVICE, OR MAKING ANY MISREPRESENTATION OR FALSE STATEMENT TO INFLUENCE, PERSUADE, OR INDUCE PATRONAGE, TO PROVIDE FOR CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS, AND TO REQUIRE THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO PROMULGATE RULES TO EFFECTUATE THIS SUBSECTION.
The following Bill was taken up:
S. 360 (Word version) -- Senator Grooms: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-52-215 TO DEFINE "RENEWABLE ENERGY RESOURCES" FOR PURPOSES OF THE SOUTH CAROLINA ENERGY EFFICIENCY ACT.
Reps. LOWE and WITHERSPOON requested debate on the Bill.
Rep. WITHERSPOON 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.
The following Bill was taken up:
S. 452 (Word version) -- Senators Grooms, McConnell, Campsen and Knotts: A BILL TO AMEND SECTION 50-15-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANAGEMENT OF NONGAME AND ENDANGERED WILDLIFE, SO AS TO DELETE A PROVISION PERMITTING THE DEPARTMENT OF NATURAL RESOURCES TO ISSUE PERMITS TO CERTAIN PERSONS ALLOWING THE REMOVAL AND DISPOSITION OF ALLIGATORS; TO ADD SECTION 50-15-65 SO AS TO AUTHORIZE THE DEPARTMENT TO ESTABLISH AN ALLIGATOR CONTROL PROGRAM FOR THE HUNTING AND FOR THE REMOVAL OF ALLIGATORS INCLUDING ALLIGATORS ON PRIVATE LAND, TO PROVIDE FOR THE TERMS, CONDITIONS, AND FEES AND COSTS OF THIS PROGRAM, AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS; TO AMEND SECTION 50-15-80, AS AMENDED, RELATING TO PENALTIES FOR CERTAIN VIOLATIONS OF THE NONGAME AND ENDANGERED SPECIES CONSERVATION ACT AND THE DISPOSITION OF CONFISCATED PROPERTY, SO AS TO FURTHER PROVIDE FOR WHAT ACTIONS GIVE RISE TO THE PENALTY PROVISIONS; AND TO REPEAL SECTION 50-15-60 RELATING TO COST OF SPECIFIED PROGRAMS AND ALLIGATOR PRODUCTS PERMITS.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20501SD08), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 48-52-210(B)(4)of the 1976 Code is amended to read:
"(4) encourage the development and use of indigenous, renewable clean energy resources;"
SECTION 2. Article 2, Chapter 52, Title 48 of the 1976 Code is amended by adding:
"Section 48-52-215. For purposes of this chapter, 'clean energy resources' means nuclear energy, and renewables such as solar photovoltaic energy, solar thermal energy, wind power, hydroelectric, geothermal energy, tidal energy, recycling, hydrogen fuel, biomass energy, and landfill gas."
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. WITHERSPOON moved to table the amendment, which was agreed to.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 2 (Doc Name COUNCIL\GJK\20502SD08), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 50-15-50(F) of the 1976 Code, as added by Act 246 of 2004, is deleted.
SECTION 2. Chapter 15, Title 50 of the 1976 Code is amended by adding:
"Section 50-15-65. (A) The General Assembly finds that the American alligator (Alligator mississippiensis) was reclassified by the United States Fish and Wildlife Service from endangered or threatened to 'threatened due to similarity of appearance throughout the remainder of its range' pursuant to the federal Endangered Species Act (16 USC 1531) and the regulations issued to implement that act. American alligators may now be taken under federal law in compliance with 50 CFR 17.42(a)(2)(ii). Therefore, in order to create more opportunity for hunting and for the controlled harvest of the alligator the General Assembly finds it in the best interest of the State to allow the taking of the alligator under strictly controlled conditions and circumstances and in compliance with federal law.
(B)(1) The department must establish an alligator management program that allows for hunting and for selective removal of alligators in order to provide for the sound management of the animals and to ensure the continued viability of the species. The department must set the conditions for taking, including the size, methods of take, areas, times and seasons, disposition of the parts, and other conditions to properly control the harvest of alligators and the disposition of parts. The department may allow alligators to be taken at any time of the year, on any area, including sanctuaries, as part of its alligator management program. All alligators taken under the alligator management program must be taken pursuant to permits and under conditions established by the department in accordance with state and federal law. All alligators taken must be tagged. Except for those persons operating under authority of depredation permits, a person who hunts, takes, or attempts to take an alligator must have a South Carolina hunting license.
(2) The department may establish an alligator hunting season. The department may issue alligator permits to allow hunting and taking of alligators in any game zone where alligators occur. A person desiring to hunt and take alligators must apply to the department. The application fee is ten dollars and is nonrefundable. Successful applicants must be randomly selected and must pay a one hundred dollar fee for the permit.
(3) A landowner or lessee of property on which alligators occur may apply to the department for a permit to participate in the Private Lands Alligator program. The application fee for participation in this program is ten dollars and is nonrefundable. On those private lands the season for hunting and taking alligators is from September first through October fifteenth. The cost for each alligator tag under this program is ten dollars. On those lands in the private lands program only, unsecured alligators may be taken by firearms provided, no alligator may be taken by use of rim fire weapons or shotguns. Unsecured alligators may be taken only by firearms from thirty minutes before sunrise until thirty minutes after sunset. A person who takes an alligator by use of firearms must make a reasonable effort to recover the carcass at the time of taking or for the next ensuing forty-eight hours. A person using a firearm to take an alligator must have a gaff or grappling hook or other similar device to immediately locate and recover the carcass.
(4) The department may designate alligator control agents who demonstrate by training and experience that they possess the skills to remove alligators. Those persons designated serve at the discretion of the department. The department may require periodic demonstrations of skill or require periodic training. Alligator control agents function under the general guidance and supervision of the department for the capture and removal of nuisance alligators including the disposition or the alligator or its parts.
(C) It is unlawful to feed, entice, or molest an alligator except as permitted under state and federal law. Any person who violates this subsection is guilty of a misdemeanor and must be fined not less than one hundred dollars nor more than one hundred-fifty dollars, or imprisoned for up to thirty days, or both. The magistrates court retains jurisdiction of this offense.
(D) A person who hunts or takes an alligator or allows alligators to be hunted or taken or possesses or disposes of alligator parts, except as allowed by this section and the implementing regulations, is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars nor more than two thousand five hundred dollars or imprisoned for up to thirty days, or both. The magistrates court retains jurisdiction of this offense. In addition, the court may order restitution for any animal or part of an animal taken, possessed or transferred in violation of this section.
(E) All revenue including fines, forfeitures, sales, and fees derived from this section must be deposited in the Wildlife Protection Fund and used by the department to support the alligator management program."
SECTION 3. Section 50-15-80(A) of the 1976 Code, as last amended by Act 246 of 2004, is further amended to read:
"(A) A person who violates Section 50-15-50(F), Section 50-15-30, or regulations promulgated pursuant to Section 50-15-30 or a person who fails to procure or violates the terms of a permit issued under the regulations is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days and ordered to pay restitution."
SECTION 4. Section 50-15-60 of the 1976 Code is repealed.
SECTION 5. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 6. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. M. A. PITTS 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. M. A. PITTS, with unanimous consent, it was ordered that S. 452 (Word version) be read the third time tomorrow.
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
H. 4390 (Word version) -- Reps. G. M. Smith, Lowe, Witherspoon and Erickson: A BILL TO AMEND SECTION 50-9-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT CERTAIN PERSONS MUST SUCCESSFULLY COMPLETE A HUNTER'S EDUCATION PROGRAM BEFORE THEY ARE ELIGIBLE TO RECEIVE A SOUTH CAROLINA HUNTING LICENSE, SO AS TO PROVIDE THAT THIS REQUIREMENT DOES NOT APPLY TO ACTIVE OR RETIRED UNITED STATES ARMED SERVICES PERSONNEL WHO CAN DEMONSTRATE TO THE DEPARTMENT OF
NATURAL RESOURCES THAT THEY RECEIVED WEAPONS TRAINING DURING THEIR MILITARY CAREER.
Rep. M. A. PITTS explained the Bill.
H. 4364 (Word version) -- Reps. M. A. Pitts, Littlejohn, Toole and McLeod: A BILL TO AMEND SECTION 16-23-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL SALE OF HANDGUNS TO CERTAIN PERSONS, SO AS TO ALLOW PERSONS UNDER TWENTY-ONE YEARS OF AGE TO LAWFULLY POSSESS HANDGUNS IF ENGAGED IN THE BUSINESS OF DEALING IN FIREARMS IN THE ORDINARY COURSE OF BUSINESS.
Rep. TALLEY explained the Bill.
H. 4598 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF AGRICULTURE, RELATING TO GASOLINE, LUBRICATING OILS AND OTHER PETROLEUM PRODUCTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3123, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. FRYE explained the Joint Resolution.
H. 4599 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO WATER CLASSIFICATION AND STANDARDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3161, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. LOFTIS explained the Joint Resolution.
On motion of Rep. WITHERSPOON, with unanimous consent, it was ordered that H. 4390 (Word version) be read the third time tomorrow.
On motion of Rep. TALLEY, with unanimous consent, it was ordered that H. 4364 (Word version) be read the third time tomorrow.
On motion of Rep. WITHERSPOON, with unanimous consent, it was ordered that H. 4598 (Word version) be read the third time tomorrow.
On motion of Rep. WITHERSPOON, with unanimous consent, it was ordered that H. 4599 (Word version) be read the third time tomorrow.
The following Bill was taken up:
H. 4344 (Word version) -- Reps. M. A. Pitts and Witherspoon: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPEN SEASON FOR ANTLERED DEER, SO AS TO DELETE A PROVISION ENABLING THE DEPARTMENT OF NATURAL RESOURCES TO ESTABLISH METHODS AND RESTRICTIONS FOR THE HUNTING AND TAKING OF DEER.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20505SD08), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 50-11-310 of the 1976 Code, as last amended by Act 289 of 2006, is further amended to read:
"(A) The open season for taking antlered deer is:
(1) In Game Zone 1: October 1 through October 10, with primitive weapons only; October 11 through October 16, and October 31 through January 1, with archery equipment and firearms.
(2) In Game Zone 2: September 15 through September 30, with archery equipment only, October 1 through October 10, with primitive weapons only; October 11 through January 1, with archery equipment and firearms.
(3) In Game Zone 3: August 15 through January 1, with archery equipment and firearms.
(4) In Game Zone 4: September 1 through September 14, with archery equipment and September 15 through January 1, with archery equipment and firearms.
(5) In Game Zone 5: August 15 through August 31, with archery equipment and September 1 through January 1, with archery equipment and firearms.
(6) In Game Zone 6: August 15 through January 1, with archery equipment and firearms.
(B) In Game Zones 1 and 2, and on lands, the department may promulgate regulations in accordance with the Administrative Procedures Act to establish the methods for hunting and taking of deer and for other restrictions for hunting and taking deer. In Game Zones 1 and 2, it is unlawful to pursue deer with dogs, and it is unlawful to bait for deer.
(B)(C) In Game Zones 1 and 2, and on On lands, the department may promulgate regulations in accordance with the Administrative Procedures Act to establish the methods for hunting and taking of deer and for other restrictions for hunting and taking deer.
(C)(D) It is unlawful to pursue deer with dogs except during the prescribed season for hunting deer.
(E) For special primitive weapons seasons, primitive weapons include bow and arrow, crossbows, and muzzle-loading shotguns of 20 gauge or larger, and rifles of .36 caliber or larger with open or peep sights or scopes, which use black powder or a black powder substitute that does not contain nitro-cellulose or nitro-glycerin components as the propellant charge. There are no restrictions on iginition systems including flintstone, percussion cap, shotgun primer, disk, or electronic. During primitive weapons season, no revolving rifles are permitted."
SECTION 2. Section 50-11-335 of the 1976 Code, as last amended by an unnumbered Act of 2008 bearing ratification number 183, is further amended to read:
"Section 50-11-335. The bag limit on antlered deer is:
(1) Game Zones 1 and 2: as set by the department;
(2) Game Zone 4 : not more than five for all seasons combined;
(3) Game Zones 3, 5, and 6: no daily or season limit.
Each animal over the limit is a separate offense. The bag limit on antlered deer is:
(1) Game Zones 1 and 2: not more than five for all seasons combined;
(2) Game Zones 3, 4, 5, and 6: no daily or season limit.
Each animal over the limit is a separate offense."
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. M. A. PITTS 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. WITHERSPOON, with unanimous consent, it was ordered that H. 4344 (Word version) be read the third time tomorrow.
The following Bill was taken up:
H. 4408 (Word version) -- Reps. Skelton, Harrell, Walker and Bedingfield: A BILL TO AMEND SECTIONS 59-104-25 AND 59-149-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PALMETTO FELLOWS SCHOLARSHIP STIPEND FOR STUDENTS MAJORING IN MATHEMATICS OR SCIENCES AND THE LIFE SCHOLARSHIP STIPEND FOR STUDENTS MAJORING IN MATHEMATICS OR SCIENCES, RESPECTIVELY, BOTH SO AS TO REVISE THE COURSE REQUIREMENTS NECESSARY TO RECEIVE THE STIPEND DURING A STUDENT'S FRESHMAN YEAR.
Rep. SKELTON 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.
The following Bill was taken up:
H. 4372 (Word version) -- Rep. J. R. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY DESIGNATING SECTION 59-53-1610 AS SUBARTICLE 1 AND ENTITLED "GENERAL PROVISIONS" OF ARTICLE 19, CHAPTER 53, TITLE 59; AND BY ADDING SUBARTICLE 2 TO ARTICLE 19, CHAPTER 53, TITLE 59, SO AS TO PROVIDE FOR THE CREATION OF THE AIKEN TECHNICAL COLLEGE ENTERPRISE CAMPUS AUTHORITY, AND TO PROVIDE FOR ITS POWERS AND DUTIES.
Rep. SKELTON 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.
The following Bill was taken up:
H. 4316 (Word version) -- Reps. Lucas, Clyburn and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-104-28 SO AS TO ESTABLISH CRITERIA FOR THE AWARDING OF PALMETTO FELLOWS SCHOLARSHIPS TO STUDENTS GRADUATING IN 2008 AND THEREAFTER WHO ATTEND "MAGNET SCHOOLS" OR SCHOOLS WITH "OPEN ENROLLMENT".
Rep. SKELTON 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.
The following Bill was taken up:
H. 4328 (Word version) -- Reps. Harrison, Delleney, Haskins, G. M. Smith and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-23-505 SO AS TO DEFINE CERTAIN TERMS; BY ADDING SECTION 1-23-535 SO AS TO PROVIDE THAT THE ADMINISTRATIVE LAW COURT SHALL HAVE AN OFFICIAL SEAL; TO AMEND SECTION 1-23-310, RELATING TO DEFINITIONS FOR PURPOSES OF ADMINISTRATIVE PROCEDURES, SO AS TO CHANGE A REFERENCE TO THE ADMINISTRATIVE LAW JUDGE DIVISION TO THE ADMINISTRATIVE LAW COURT; TO AMEND SECTION 1-23-320, RELATING TO CONTESTED CASE HEARINGS, SO AS TO DELETE A PROVISION REGARDING THE HANDLING OF ATTENDANCE AND TESTIMONY OF WITNESSES, PRODUCTION OF BOOKS, PAPERS, AND RECORDS, AND OTHER PROCEDURAL MATTERS AND TO PROVIDE FOR ENFORCEMENT OR RELIEF FROM AN AGENCY SUBPOENA BEFORE THE COURT; TO AMEND SECTION 1-23-380, AS AMENDED, RELATING TO JUDICIAL REVIEW AFTER EXHAUSTION OF ADMINISTRATIVE REMEDIES, SO AS TO DELETE REFERENCES TO THE ADMINISTRATIVE LAW COURT AND TO REVIEW BY AN ADMINISTRATIVE LAW JUDGE OF A FINAL DECISION IN A CONTESTED CASE TO CONFORM THE PROCEDURES TO OTHER PROCEDURAL PROVISIONS REGARDING THE COURT; TO AMEND SECTION 1-23-560, RELATING TO THE APPLICATION OF THE CODE OF JUDICIAL CONDUCT TO THE ADMINISTRATIVE LAW COURT, SO AS TO PROVIDE THAT THE CODE OF JUDICIAL CONDUCT SERVES AS THE SOLE GROUNDS FOR DISCIPLINE OF ADMINISTRATIVE LAW JUDGES AND TO ALLOW ADMINISTRATIVE LAW JUDGES AND SPOUSES TO ACCEPT INVITATIONS TO CERTAIN JUDICIAL-RELATED FUNCTIONS; TO AMEND SECTION 1-23-600, AS AMENDED, RELATING TO HEARINGS AND PROCEEDINGS OF THE ADMINISTRATIVE LAW COURT, SO AS TO CONFORM THE PROCEDURES TO OTHER PROCEDURAL PROVISIONS REGARDING THE COURT AND TO PROHIBIT THE HEARING OF CERTAIN INMATE APPEALS BY THE COURT; TO AMEND SECTION 1-23-610, AS AMENDED, RELATING TO REVIEW OF DECISIONS OF THE ADMINISTRATIVE LAW COURT, SO AS TO CONFORM THE PROCEDURES TO OTHER PROCEDURAL PROVISIONS REGARDING THE COURT AND TO DELETE THE PROVISION REQUIRING APPROPRIATED MONIES TO BE USED FOR THE SAME PURPOSE INDEFINITELY; AND TO AMEND SECTION 1-23-640, RELATING TO THE VENUE WHERE ADMINISTRATIVE LAW COURT CASES ARE HEARD, SO AS TO PROVIDE THAT CONTESTED CASES WILL BE HEARD AT THE PRINCIPAL OFFICES OR AT ANOTHER SUITABLE LOCATION UNDER CERTAIN CIRCUMSTANCES.
Rep. JEFFERSON 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.
The following Joint Resolution was taken up:
H. 3202 (Word version) -- Reps. White, Umphlett, Agnew, Gambrell, E.H. Pitts, Cotty, M.A. Pitts, Bedingfield, Frye, Toole and Loftis: A JOINT RESOLUTION TO PROPOSE AN AMENDMENT TO ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE DECLARATION OF RIGHTS, BY ADDING SECTION 25, SO AS TO PROVIDE THAT HUNTING, TRAPPING, AND FISHING AND THE TAKING OF WILD ANIMALS, BIRDS, AND FISH ARE A VALUED PART OF OUR HERITAGE AND SHALL BE FOREVER PRESERVED FOR THE PEOPLE, TO PROVIDE THAT FISH AND WILDLIFE SHALL BE MANAGED BY LAWS AND REGULATIONS THAT PROVIDE PERSONS WITH THE CONTINUED OPPORTUNITY TO TAKE, BY TRADITIONAL MEANS AND METHODS, SPECIES TRADITIONALLY PURSUED BY HUNTERS, ANGLERS, AND TRAPPERS, TO PROVIDE THAT ANY PERSON WHO IS LICENSED TO HUNT, FISH, OR TRAP AND WHO IS ADVERSELY AFFECTED BY A FAILURE TO COMPLY WITH THIS SECTION SHALL HAVE A PRIVATE CAUSE OF ACTION TO ENFORCE THIS SECTION, AND TO PROVIDE THAT THE RIGHT OF THE PEOPLE TO HUNT, FISH, TRAP, AND HARVEST GAME SHALL BE SUBJECT ONLY TO SUCH REGULATIONS AND RESTRICTIONS AS THE GENERAL ASSEMBLY MAY PRESCRIBE BY GENERAL LAW.
SECTION 1. It is proposed that Article I of the Constitution of this State be amended by adding:
"Section 25. Hunting, trapping, and fishing and the taking of wild animals, birds, and fish are a valued part of our heritage and shall be forever preserved for the people. Fish and wildlife shall be managed by laws and regulations that provide persons with the continued opportunity to take, by traditional means and methods, species traditionally pursued by hunters, anglers, and trappers. Fish and wildlife management, including taking, shall be consistent with the state's duty to protect this heritage and its duty to conserve wild animals, birds, and fish. Hunting, fishing, or trapping by sportsmen shall always be a preferred and available means of controlling all invasive or overpopulated species. Any person who is licensed to hunt, fish, or trap and who is adversely affected by a failure to comply with this section shall have a private cause of action to enforce this section. The right of the people to hunt, fish, trap, and harvest game shall be subject only to such regulations and restrictions as the General Assembly may prescribe by general law."
SECTION 2. The proposed amendment in Section 1 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Article I, of the Constitution of this State, relating to the declaration of rights under the state's Constitution, be amended by adding Section 25 so as to provide that hunting, trapping, and fishing and the taking of wild animals, birds, and fish are a valued part of our heritage and shall be forever preserved for the people, to provide that fish and wildlife shall be managed by laws and regulations that provide persons with the continued opportunity to take, by traditional means and methods, species traditionally pursued by hunters, anglers, and trappers, to provide that any person who is licensed to hunt, fish, or trap and who is adversely affected by a failure to comply with this section shall have a private cause of action to enforce this section, and to provide that the right of the people to hunt, fish, trap, and harvest game shall be subject only to such regulations and restrictions as the General Assembly may prescribe by general law?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
Renumber sections to conform.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20506SD08), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. It is proposed that Article I of the Constitution of this State be amended by adding:
"Section 25. Hunting, trapping, and fishing and the taking of wild animals, birds, and fish are a valued part of our heritage and shall be forever preserved for the people. Fish and wildlife shall be managed by laws and regulations that provide persons with the continued opportunity to take, by traditional means and methods, species traditionally pursued by hunters, anglers, and trappers. Fish and wildlife management, including taking, shall be consistent with the state's duty to protect this heritage and its duty to conserve wild animals, birds, and fish. Hunting, fishing, or trapping by sportsmen shall always be a preferred and available means of controlling all invasive or overpopulated species. Any person who is licensed to hunt, fish, or trap and who is adversely affected by a failure to comply with this section shall have a private cause of action to enforce this section. The right of the people to hunt, fish, trap, and harvest game shall be subject only to such regulations and restrictions as the General Assembly may prescribe by general law."
SECTION 2. The proposed amendment in Section 1 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Article I, of the Constitution of this State, relating to the declaration of rights under the state's Constitution, be amended by adding Section 25 so as to provide that hunting, trapping, and fishing and the taking of wild animals, birds, and fish are a valued part of our heritage and shall be forever preserved for the people, to provide that fish and wildlife shall be managed by laws and regulations that provide persons with the continued opportunity to take, by traditional means and methods, species traditionally pursued by hunters, anglers, and trappers, to provide that any person who is licensed to hunt, fish, or trap and who is adversely affected by a failure to comply with this section shall have a private cause of action to enforce this section, and to provide that the right of the people to hunt, fish, trap, and harvest game shall be subject only to such regulations and restrictions as the General Assembly may prescribe by general law?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'." /
Renumber sections to conform.
Amend title to read:
/TO PROPOSE AN AMENDMENT TO ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE DECLARATION OF RIGHTS, BY ADDING SECTION 25, SO AS TO PROVIDE THAT HUNTING, TRAPPING, AND FISHING AND THE TAKING OF WILD ANIMALS, BIRDS, AND FISH ARE A VALUED PART OF OUR HERITAGE AND SHALL BE FOREVER PRESERVED FOR THE PEOPLE, TO PROVIDE THAT FISH AND WILDLIFE SHALL BE MANAGED BY LAWS AND REGULATIONS THAT PROVIDE PERSONS WITH THE CONTINUED OPPORTUNITY TO TAKE, BY TRADITIONAL MEANS AND METHODS, SPECIES TRADITIONALLY PURSUED BY HUNTERS, ANGLERS, AND TRAPPERS, TO PROVIDE THAT ANY PERSON WHO IS LICENSED TO HUNT, FISH, OR TRAP AND WHO IS ADVERSELY AFFECTED BY A FAILURE TO COMPLY WITH THIS SECTION SHALL HAVE A PRIVATE CAUSE OF ACTION TO ENFORCE THIS SECTION, AND TO PROVIDE THAT THE RIGHT OF THE PEOPLE TO HUNT, FISH, TRAP, AND HARVEST GAME SHALL BE SUBJECT ONLY TO SUCH REGULATIONS AND RESTRICTIONS AS THE GENERAL ASSEMBLY MAY PRESCRIBE BY GENERAL LAW. /
Rep. DELLENEY explained the amendment.
The amendment was then adopted.
Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:
Those who voted in the affirmative are:
Agnew Alexander Allen Anderson Bales Ballentine Bannister Barfield Bedingfield Bingham Bowen Bowers Brady Branham Brantley G. Brown Cato Clemmons Cobb-Hunter Coleman Cooper Cotty Crawford Dantzler Davenport Delleney Duncan Erickson Frye Funderburk Gambrell Govan Gullick Haley Hamilton Hardwick Harrell Harrison Harvin Haskins Hayes Herbkersman Hiott Hodges Huggins Hutson Jefferson Jennings Kelly Kennedy Kirsh Knight Limehouse Littlejohn Loftis Lowe Lucas Mahaffey McLeod Merrill Miller Mitchell Moss Mulvaney J. M. Neal Neilson Ott Owens Perry Phillips Pinson E. H. Pitts Rice Rutherford Sandifer Scarborough Shoopman Simrill Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Spires Stavrinakis Stewart Talley Taylor Thompson Toole Umphlett Vick Walker Weeks White Williams Witherspoon Young
Those who voted in the negative are:
So, the Joint Resolution, as amended, having received the necessary two-thirds vote, was passed and ordered to third reading.
On motion of Rep. DELLENEY, with unanimous consent, it was ordered that H. 3202 (Word version) be read the third time tomorrow.
Pursuant to the provisions of House Rule 7.8, Rep. JENNINGS cast a proxy vote on behalf of Rep. J. E. SMITH in favor of H. 3202.
The following Bill was taken up:
H. 3715 (Word version) -- Reps. Talley, Duncan, Mahaffey, Clemmons, Shoopman, Toole and G. R. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-750 SO AS TO DEFINE CERTAIN TERMS FOR PURPOSES OF THE SECTION AND TO PROVIDE AN ENHANCED PENALTY FOR PERSONS AFFILIATED WITH A SCHOOL IN AN OFFICIAL CAPACITY WHO COMMIT CERTAIN DELINEATED CRIMINAL SEXUAL CONDUCT, EXPLOITATION OF A MINOR, OR KIDNAPPING OFFENSES AGAINST A STUDENT.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7507AHB08), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 16-3-654 of the 1976 Code is amended to read:
"Section 16-3-654. (1) A person is guilty of criminal sexual conduct in the third degree if the actor engages in sexual battery with the victim and if anyone or more of the following circumstances are proven, if the actor:
(a) The actor uses force or coercion to accomplish the sexual battery in the absence of aggravating circumstances.;
(b) The actor knows or has reason to know that the victim is mentally defective, mentally incapacitated, or physically helpless and aggravated force or aggravated coercion was not used to accomplish sexual battery.; or
(c) is a person affiliated with a public or private secondary school in an official capacity but is not a student enrolled in the public or private secondary school and the victim is a person under the age of nineteen who is currently enrolled in a public or private secondary school at which the actor works or has supervisory authority and aggravated force or aggravated coercion was not used to accomplish the sexual battery.
(2) A person who commits criminal sexual conduct in the third degree is guilty of a felony punishable by imprisonment and, upon conviction, must be imprisoned for not more than ten years, according to the discretion of the court.
(3) The provisions of item (1)(c) do not apply to a person affiliated with a public or private secondary school who is lawfully married to the student enrolled in the school at the time of the act.
(4) For purposes of this section:
(a) 'Person affiliated with a public or private secondary school in an official capacity' includes, but is not limited to, administrators, teachers, faculty, substitute teachers, teachers' assistants, student teachers, custodial staff, food service staff, volunteers, law enforcement officers, school bus drivers, school crossing guards, or other regularly assigned school-contracted persons.
(b) 'Student' means a person:
(i ) enrolled in a school, whether the person is suspended or not suspended; or
(ii) expelled from a school within one year of enrollment."
SECTION 2. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. G. M. SMITH 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. G. M. SMITH, with unanimous consent, it was ordered that H. 3715 (Word version) be read the third time tomorrow.
The following Bill was taken up:
H. 4437 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND SECTION 16-15-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF THIRD DEGREE SEXUAL EXPLOITATION OF A MINOR, SO AS TO PROVIDE AN EXCEPTION FOR CERTAIN STATE AND LAW ENFORCEMENT PERSONNEL WHO ARE IN POSSESSION OF MATERIAL CONTAINING VISUAL REPRESENTATIONS OF MINORS ENGAGING IN SEXUAL ACTIVITY DURING THE COURSE OF AN INVESTIGATION.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7508AHB08), which was adopted:
Amend the bill, as and if amended, by deleting in its entirety Section 16-15-410(D), as contained in SECTION 1, pages 1 and 2, and inserting:
/ (D) This section does not apply to an employee of the Department of Corrections, Attorney General's office, a prosecuting agency, State Law Enforcement Division, or to a sworn law enforcement officer who, while acting within his official capacity in the course of an investigation, is in possession of material that contains a visual representation of a minor engaging in sexual activity." /
Renumber sections to conform.
Amend title to conform.
Rep. G. M. SMITH 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. G. M. SMITH, with unanimous consent, it was ordered that H. 4437 (Word version) be read the third time tomorrow.
The following Bill was taken up:
H. 4438 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND SECTION 17-15-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF FUNDS COLLECTED PERTAINING TO BAIL AND RECOGNIZANCE, SO AS TO PROVIDE THAT TWENTY-FIVE PERCENT OF THE FUNDS COLLECTED MUST BE REMITTED TO THE PROSECUTING AGENCY RATHER THAN THE SOLICITOR'S OFFICE IN THE COUNTY IN WHICH THE FORFEITURE IS ORDERED.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7509AHB08), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 17-15-260 of the 1976 Code is amended to read:
"Section 17-15-260. (A) The funds collected pursuant to this chapter must be remitted in the following manner: twenty-five percent to the general fund of the State, twenty-five percent to the solicitor's office in the county in which the forfeiture is ordered, or to the Attorney General's office if it is the prosecuting agency, and fifty percent to the county general fund of the county in which the forfeiture is ordered.
(B) However, if the case in which forfeiture is ordered is originated by a municipality, the funds collected pursuant to this chapter must be remitted in the following manner: twenty-five percent to the general fund of the State, twenty-five percent to the solicitor's office in the county in which the forfeiture is ordered, or to the Attorney General's office if it is the prosecuting agency, and twenty-five percent to the county general fund of the county in which the forfeiture is ordered, and twenty-five percent to the municipality.
(C) All funds to be deposited in the state general fund shall must be transmitted to the State Treasurer."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. G. M. SMITH 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. G. M. SMITH, with unanimous consent, it was ordered that H. 4438 (Word version) be read the third time tomorrow.
Pursuant to the provisions of House Rule 7.8, Rep. JENNINGS cast a proxy vote on behalf of Rep. J. E. SMITH in favor of H. 4438.
The following Bill was taken up:
H. 4400 (Word version) -- Reps. Harrell, Harrison, Cato, Cooper, Walker, Witherspoon, Merrill, Sandifer, Haley, Young, Erickson, Littlejohn, Simrill, Bowen, Crawford, Barfield, Cotty, Taylor, Spires, Davenport, E. H. Pitts, Frye, Lowe, Shoopman, Hardwick, Bingham, Skelton, Clemmons, Thompson, Bedingfield, Bannister, Mahaffey, Herbkersman, J. R. Smith, Haskins, Huggins, Hutson, Leach, Toole, Viers, Brady, Dantzler, Delleney, Gambrell, Hamilton, Kelly, Rice, Scarborough, G. M. Smith, G. R. Smith, Talley, Umphlett, Duncan, Owens, Mulvaney, White, Loftis and Edge: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 13 TO CHAPTER 11 OF TITLE 8, RELATING TO ILLEGAL ALIENS AND PUBLIC EMPLOYMENT SO AS TO REQUIRE A PUBLIC EMPLOYER AND A CONTRACTOR DOING BUSINESS WITH A PUBLIC EMPLOYER TO REGISTER AND PARTICIPATE IN THE FEDERAL WORK AUTHORIZATION PROGRAM TO VERIFY THE LAWFUL PRESENCE IN THE UNITED STATES OF NEW EMPLOYEES, WITH ALTERNATIVE MEASURES TO BE FOLLOWED BY A CONTRACTOR, TO DESCRIBE COMPLIANCE, TO PROHIBIT LOCAL LAWS FROM LIMITING ENFORCEMENT, AND TO PROVIDE FOR FORMS, REGULATIONS, AND RULES; BY ADDING SECTION 23-52-10 SO AS TO PROVIDE THAT THE APPROPRIATE OFFICIAL UNDERTAKE TO DETERMINE THE LAWFUL PRESENCE IN THE UNITED STATES OF A PERSON CHARGED WITH A CRIMINAL OFFENSE AND CONFINED IN A JAIL AND TO PROVIDE THE PROCESS OF VERIFICATION AND REPORTING, AS WELL AS FOR RECOUPING EXPENSES OF THE CONFINEMENT; BY ADDING CHAPTER 91 TO TITLE 40 SO AS TO ENACT THE "REGISTRATION OF IMMIGRATION ASSISTANCE ACT", PRESCRIBING THE ACTS THAT MAY BE PERFORMED BY AN IMMIGRATION ASSISTANCE SERVICE, REQUIRING A PERSON PERFORMING THOSE ACTS TO BE LICENSED, REQUIRING THE POSTING OF CERTAIN CONSPICUOUS DISCLAIMERS, PROHIBITING THE PERFORMANCE OF CERTAIN ACTS, EXEMPTING CERTAIN PERSONS FROM THESE RESTRICTIONS, AND PROVIDING FOR CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS; BY ADDING ARTICLE 11 TO CHAPTER 5 OF TITLE 43 SO AS TO REQUIRE ALL STATE AND LOCAL AGENCIES PROVIDING PUBLIC BENEFITS VERIFY THE LAWFUL PRESENCE IN THE UNITED STATES OF A NATURAL PERSON EIGHTEEN YEARS OLD OR OLDER WHO APPLIES FOR STATE OR LOCAL BENEFITS OR FEDERAL BENEFITS ADMINISTERED BY THE STATE, PROVIDING EXCEPTIONS, PROVIDING FOR AN AFFIDAVIT OF ELIGIBILITY AND CRIMINAL PENALTIES FOR A FALSE AND FRAUDULENT AFFIDAVIT, FOR RESTITUTION OF IMPROPERLY RECEIVED BENEFITS, FOR A CIVIL CAUSE OF ACTION AND JOINT AND SEVERAL LIABILITY; BY ADDING SECTION 6-1-170 SO AS TO PROHIBIT A POLITICAL SUBDIVISION OF THIS STATE FROM LIMITING OR INCREASING THE POWER OF LOCAL OFFICIALS TO ENFORCE STATE IMMIGRATION LAWS; BY ADDING SECTION 12-6-3595 SO AS TO PROHIBIT ANY WAGES OR REMUNERATION FOR LABOR SERVICES PAID TO AN INDIVIDUAL OF SIX HUNDRED DOLLARS OR MORE A YEAR FROM BEING CLAIMED AS A DEDUCTIBLE BUSINESS EXPENSE FOR STATE INCOME TAX PURPOSES UNLESS THE INDIVIDUAL IS AN AUTHORIZED EMPLOYEE, TO PROVIDE FOR EXEMPTIONS, TO REQUIRE THE DIRECTOR OF THE DEPARTMENT OF REVENUE TO PRESCRIBE FORMS AND PROMULGATE REGULATIONS TO EFFECTUATE THIS SECTION, AND TO REQUIRE THE EXECUTIVE DIRECTOR OF THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO SEND WRITTEN NOTICE OF THIS PROVISION TO ALL EMPLOYERS IN THIS STATE; BY ADDING SECTION 12-8-610 SO AS TO REQUIRE TAX WITHHOLDING AGENTS FOR EMPLOYERS TO WITHHOLD STATE INCOME TAX AT THE RATE OF SIX PERCENT OF THE AMOUNT OF COMPENSATION PAID TO AN INDIVIDUAL IF THE INDIVIDUAL HAS FAILED TO PROVIDE A TAXPAYER IDENTIFICATION NUMBER, FAILED TO PROVIDE A CORRECT TAXPAYER IDENTIFICATION NUMBER, OR PROVIDED A TAXPAYER IDENTIFICATION NUMBER ISSUED FOR NONRESIDENTS, TO PROVIDE THAT WITHHOLDING AGENTS WHO FAIL TO FOLLOW THE PROVISIONS OF THIS SECTION ARE LIABLE FOR THE TAX, TO PROVIDE EXCEPTIONS FROM LIABILITY FOR WITHHOLDING AGENTS IF THE EMPLOYEE PROVIDES A FACIALLY CORRECT TAXPAYER IDENTIFICATION NUMBER THAT THE WITHHOLDING AGENT DOES NOT KNOW WAS FALSE OR INCORRECT, AND TO REQUIRE THE EXECUTIVE DIRECTOR OF THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO SEND NOTICE OF THIS PROVISION TO ALL EMPLOYERS; BY ADDING SECTION 16-9-460 SO AS TO PROVIDE THAT IT IS A FELONY FOR ANY PERSON TO TRANSPORT, MOVE, OR ATTEMPT TO TRANSPORT WITHIN THE STATE ANY PERSON KNOWINGLY OR IN RECKLESS DISREGARD TO THE FACT THAT THE PERSON HAS COME TO, ENTERED INTO, OR REMAINED IN THE UNITED STATES IN VIOLATION OF THE LAW, IN FURTHERANCE OF THE PERSON'S ILLEGAL PRESENCE IN THE UNITED STATES, OR TO CONCEAL, HARBOR, OR SHELTER FROM DETECTION A PERSON ILLEGALLY IN THE UNITED STATES IN FURTHERANCE OF THE PERSON'S ILLEGAL PRESENCE IN THE UNITED STATES, AND TO PROVIDE FOR PENALTIES IF A PERSON IS CONVICTED; BY ADDING SECTION 16-13-525 SO AS TO REQUIRE A PERSON WHO USES FINANCIAL IDENTITY FRAUD INVOLVING THE CREATION OF DOCUMENTS PURPORTING TO AUTHORIZE EMPLOYMENT IN THE UNITED STATES TO DISGORGE ANY BENEFIT HE RECEIVES AND TO PROVIDE FOR CRIMINAL PENALTIES AND INDIVIDUAL CIVIL REMEDIES; BY ADDING SECTION 16-23-530 SO AS TO MAKE IT A CRIME TO OWN, POSSESS, TRANSFER, MAKE, DISPOSE OF, RENT, BUY, OR OTHERWISE TRANSACT AN ACTIVITY INVOLVING A FIREARM IN THIS STATE IF THE PERSON IS NOT LAWFULLY PRESENT IN THIS STATE; BY ADDING SECTION 23-3-80 SO AS TO AUTHORIZE THE CHIEF OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION TO NEGOTIATE THE TERMS OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE STATE AND THE FEDERAL GOVERNMENT CONCERNING THE ENFORCEMENT OF FEDERAL IMMIGRATION AND CUSTOMS LAWS, DETENTIONS AND REMOVALS, AND INVESTIGATIONS IN THE STATE, TO AUTHORIZE THE DESIGNATION OF STATE AND LOCAL OFFICERS TO BE TRAINED PURSUANT TO THE MEMORANDUM, TO STIPULATE FUNDING FOR THE TRAINING, AND TO PROVIDE FOR CERTIFICATION OF TRAINING TO ENFORCE FEDERAL IMMIGRATION LAWS; BY ADDING SECTION 41-1-30 SO AS TO PROVIDE FOR A CIVIL CAUSE OF ACTION BY A PERSON WHO IS TERMINATED FOR THE PURPOSE OF BEING REPLACED BY A WORKER WHO IS NOT AUTHORIZED TO WORK IN THE UNITED STATES; BY ADDING SECTION 59-101-430 SO AS TO PROHIBIT A PERSON WHO IS NOT LAWFULLY PRESENT IN THE UNITED STATES FROM ATTENDING OR RECEIVING ANY BENEFIT OF RESIDENCE; BY AMENDING SECTION 1-31-40, RELATING TO THE STATE COMMISSION ON MINORITY AFFAIRS, SO AS TO PROVIDE FOR A TOLL FREE TELEPHONE NUMBER, ELECTRONIC WEBSITE, AND TRACKING DATABASES FOR RECEIVING AND REPORTING VIOLATIONS OF LAWS OR REGULATIONS BY A NONUNITED STATES CITIZEN OR IMMIGRANT; BY AMENDING SECTION 14-7-1630, AS AMENDED, RELATING TO JURISDICTION OF THE STATE GRAND JURY, SO AS TO INCLUDE THE OFFENSES OF FALSIFICATION OF DOCUMENTS, IDENTITY FRAUD, FRAUDULENT AFFIDAVITS, AND OTHER SPECIFIED ACTS UNDERTAKEN IN A FRAUDULENT ATTEMPT TO DEMONSTRATE LAWFUL PRESENCE IN THE UNITED STATES; AND BY AMENDING SECTION 17-15-30, AS AMENDED, RELATING TO DETERMINATION BY THE COURT OF RELEASE ON BAIL, SO AS TO PROVIDE THAT THE COURT SHALL CONSIDER IF THE ACCUSED IS AN ILLEGAL ALIEN AND IF THAT STATUS POSES A SUBSTANTIAL FLIGHT RISK.
The question then recurred to the passage of the Bill on third reading.
Rep. KENNEDY demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Bales Ballentine Bannister Bedingfield Bingham Bowen Bowers Brady Branham R. Brown Chalk Clemmons Coleman Cotty Crawford Dantzler Davenport Delleney Edge Erickson Frye Funderburk Gambrell Gullick Haley Hamilton Hardwick Harrell Harrison Harvin Haskins Herbkersman Hiott Huggins Hutson Jennings Kelly Kirsh Knight Limehouse Littlejohn Lowe Lucas Mahaffey McLeod Merrill Miller Moss Mulvaney J. M. Neal Neilson Owens Phillips Pinson E. H. Pitts Rice Sandifer Scarborough Shoopman Simrill Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Spires Stavrinakis Stewart Talley Taylor Thompson Toole Umphlett Walker Weeks White Witherspoon Young
Those who voted in the negative are:
Allen Anderson Brantley Breeland Cobb-Hunter Hodges Jefferson Kennedy Mack J. H. Neal Rutherford Sellers Whipper
So, the Bill was read the third time and ordered sent to the Senate.
Pursuant to the provisions of House Rule 7.8, Rep. JENNINGS cast a proxy vote on behalf of Rep. J. E. SMITH against H. 4400.
I was temporarily out of the Chamber on constituent business during the vote on H. 4400. Had I been present, I would have voted in favor of the Bill.
Rep. Robert S. Perry, Jr.
The following Concurrent Resolution was taken up:
H. 4584 (Word version) -- Reps. Stavrinakis, Hutson, Breeland, Limehouse, Mack, Merrill, Scarborough, Young, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Littlejohn, Loftis, Lowe, Lucas, Mahaffey, McLeod, 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, 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, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams and Witherspoon: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF UNITED STATES HIGHWAY 17 IN CHARLESTON COUNTY FROM ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 7 TO ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 171 THE "CHARLESTON NINE MEMORIAL HIGHWAY", AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "CHARLESTON NINE MEMORIAL HIGHWAY" AS A LASTING TRIBUTE TO THE NINE CITY OF CHARLESTON FIREFIGHTERS WHO TRAGICALLY PERISHED IN THE WEST ASHLEY FIRE ON MONDAY, JUNE 18, 2007.
Whereas, Captain William "Billy" Hutchinson, Captain Mike Benke, Captain Louis Mulkey, Engineer Mark Kelsey, Engineer Bradford "Brad" Baity, Assistant Engineer Michael French, Firefighter James "Earl" Drayton, Firefighter Brandon Thompson, and Firefighter Melven Champaign who tragically perished in the West Ashley fire on Monday, June 18, 2007, deserve high tribute and honor for representing their city and department through courage, sacrifice, and dedication to their profession and their community, and will be missed by their beloved families, fellow firemen, and friends; and
Whereas, the commitment, dependability, and expertise of these nine firefighters helped to ensure the safety of the lives of the citizens of their community; and
Whereas, these nine firefighters warrant our deepest respect and the commendation of their community and State for their extraordinary service and devotion to duty in this inherently dangerous profession; and
Whereas, these men had the opportunity to share in the strong sense of camaraderie that exists between those who accept the enormous risks of being a firefighter; and
Whereas, courage and endurance are an every day part of the profession of firefighting, and the service of the men and women of this profession requires many hours of sacrifice, training, and preparation to meet the stringent physical demands of their job; and
Whereas, these firefighters were members of the City of Charleston Fire Department, a Class I rated department consisting of nineteen fire companies located throughout the city; and
Whereas, it is fitting and proper for the members of the General Assembly to pause in their deliberations to honor the memories of these brave firemen by naming a portion of United States Highway 17 in their honor. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, request that the Department of Transportation name the portion of United States Highway 17 in Charleston County from its intersection with South Carolina Highway 7 to its intersection with South Carolina Highway 171 the "Charleston Nine Memorial Highway", and erect appropriate markers or signs along this portion of highway that contain the words "Charleston Nine Memorial Highway" as a lasting tribute to the nine City of Charleston firefighters who tragically perished in the West Ashley fire on Monday, June 18, 2007.
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. 4583 (Word version) -- Reps. Bales, Ballentine, Brady, Cotty, Harrison, Hart, Howard, J. H. Neal, Rutherford, Scott and J. E. Smith: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION ERECT SIGNS THAT CONTAIN THE WORDS "LYKESLAND COMMUNITY" ALONG UNITED STATES HIGHWAY 76/378 ONE-FOURTH OF A MILE FROM ITS INTERSECTION WITH OLD HOPKINS ROAD AND TROTTER ROAD IN RICHLAND COUNTY.
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly request that the Department of Transportation erect signs that contain the words "Lykesland Community" along United States Highway 76/378 in Richland County one-fourth of a mile from its intersection with Old Hopkins Road and Trotter Road in the right shoulder of the highway as a vehicle approaches the intersection from the cities of Columbia and Sumter.
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:
S. 872 (Word version) -- Senators Knotts, Elliott, Leventis, McGill, Courson, Setzler and Hayes: A CONCURRENT RESOLUTION TO INVITE THE NATIONAL COMMANDER OF THE AMERICAN LEGION, THE HONORABLE MARTIN "MARTY" F. CONASTER, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION IN THE CHAMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AT 12:30 P.M. ON TUESDAY, MARCH 4, 2008.
Whereas, the Honorable Martin F. Conaster is a distinguished veteran of the United States uniformed services and is a resident of the State of Illinois; and
Whereas, having held numerous offices in the American Legion at the district, division, and department levels, the Honorable Martin F. Conaster was elected as the National Commander on August 30, 2007; and
Whereas, with over two million seven hundred thousand members, the American Legion has more than twenty-seven thousand members in South Carolina and is one of the most influential and prestigious organizations in the United States; and
Whereas, speaking before a joint session of the South Carolina General Assembly is an honor reserved for leaders of national prominence. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the National Commander of the American Legion, the Honorable Martin "Marty" F. Conaster, is invited to address the General Assembly in joint session in the Chamber of the South Carolina House of Representatives at 12:30 p.m. on Tuesday, March 4, 2008.
Be it further resolved that a copy of this resolution be forwarded to the Honorable Martin F. Conaster.
The Concurrent Resolution was adopted and sent to the Senate.
Rep. SELLERS moved that upon the completion of the Ratification of Acts, the House stand adjourned, which was agreed to.
At 11:30 a.m. the House attended in the Senate Chamber, where the following Acts were duly ratified:
(R178, S. 94 (Word version)) -- Senators Campsen, Knotts and Fair: AN ACT TO AMEND SECTION 62-2-204, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A SURVIVING SPOUSE'S RIGHTS TO AN ELECTIVE SHARE, HOMESTEAD ALLOWANCE, AND EXEMPT PROPERTY, SO AS TO PROVIDE FOR THE VOLUNTARY WAIVER OF THOSE RIGHTS UPON FAIR, REASONABLE, AND WRITTEN DISCLOSURE BY THE OTHER SPOUSE.
(R179, S. 282 (Word version)) -- Senators Leatherman and Setzler: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-35-3005 SO AS TO AUTHORIZE CERTAIN PROJECT DELIVERY METHODS FOR STATE PROCUREMENTS RELATING TO INFRASTRUCTURE FACILITIES; BY ADDING SECTION 11-35-3015 SO AS TO SPECIFY THE SOURCE SELECTION METHODS FOR THE TYPES OF AUTHORIZED PROJECT DELIVERY METHODS; BY ADDING SECTION 11-35-3021 SO AS TO PROVIDE FOR SUBCONTRACTOR SUBSTITUTION; BY ADDING SECTION 11-35-3023 SO AS TO PROVIDE FOR PREQUALIFICATION ON STATE CONSTRUCTION; BY ADDING SECTION 11-35-3024 SO AS TO PROVIDE FOR CONTENTS OF A REQUEST FOR PROPOSALS AND EVALUATION FACTORS APPLICABLE TO CERTAIN PROJECT DELIVERY METHODS; BY ADDING SECTION 11-35-3035 SO AS TO PROVIDE FOR THE REQUIREMENT OF ERRORS AND OMISSIONS INSURANCE TO COVER CERTAIN SERVICES DELIVERED PURSUANT TO CERTAIN PROJECT DELIVERY METHODS; BY ADDING SECTION 11-35-3037 SO AS TO PROVIDE FOR OTHER FORMS OF SECURITY TO ENSURE PERFORMANCE; BY ADDING SECTION 11-35-3070 SO AS TO ALLOW THE GOVERNING BODY TO APPROVE NONMATERIAL CHANGE ORDERS; TO AMEND SECTION 11-35-310, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, SO AS TO REDEFINE "CONSTRUCTION"; TO AMEND SECTION 11-35-1510, AS AMENDED, RELATING TO METHODS OF SOURCE SELECTION, SO AS TO PROVIDE FOR SELECTION METHODS IN CONNECTION WITH PROJECT DELIVERY METHODS; TO AMEND SECTION 11-35-1530, AS AMENDED, RELATING TO COMPETITIVE SEALED PROPOSALS, SO AS TO REQUIRE COMPETITIVE SEALED PROPOSALS FOR CONTRACTS FOR CERTAIN PROJECT DELIVERY METHODS AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 11-35-2410, AS AMENDED, RELATING TO FINALITY OF DETERMINATIONS IN CONNECTION WITH COMPETITIVE SEALED BIDDING, SO AS TO INCLUDE REFERENCES TO CHOICE OF DELIVERY METHOD AND PREQUALIFICATION ON STATE CONSTRUCTION; TO AMEND SECTION 11-35-2910, AS AMENDED, RELATING TO CERTAIN SERVICES, SO AS TO INCLUDE DEFINITIONS PERTAINING TO THE VARIOUS AUTHORIZED PROJECT DELIVERY METHODS INCLUDING "DESIGN REQUIREMENTS", "INDEPENDENT PEER REVIEWER SERVICE", AND "INFRASTRUCTURE FACILITY"; TO AMEND SECTION 11-35-3010, AS AMENDED, RELATING TO ADMINISTRATION OF CONSTRUCTION CONTRACTING, SO AS TO SUBSTITUTE PROJECT DELIVERY METHOD FOR THE PROCESS AND "GOVERNMENTAL BODY" FOR "USING AGENCY"; TO AMEND SECTION 11-35-3020, AS AMENDED, RELATING TO CONSTRUCTION PROCUREMENT PROCEDURES, SO AS TO DELETE SOURCE SELECTION LANGUAGE, TO INCORPORATE NEW PROVISIONS ADDED IN EARLIER SECTIONS AND TO DELETE LANGUAGE DUPLICATIVE OF NEW PROVISIONS ADDED; TO AMEND SECTION 11-35-3030, AS AMENDED, RELATING TO BOND AND SECURITY SO AS TO PROVIDE THAT THE CONTRACT PRICE FOR PURPOSES OF A PAYMENT BOND OR PERFORMANCE BOND DOES NOT INCLUDE THE COST OF OPERATION, MAINTENANCE, AND FINANCE, AND TO ALLOW FOR NO SURETY DURING PRECONSTRUCTION OR DESIGN PHASES; TO AMEND SECTION 11-35-3210, AS AMENDED, RELATING TO APPLICABILITY AND POLICY IN CONNECTION WITH CERTAIN SERVICES, SO AS TO DELETE THE PROVISIONS REFERRING TO APPLICABILITY TO THOSE SERVICES; TO AMEND SECTION 11-35-3220, AS AMENDED, RELATING TO PROCUREMENT PROCEDURES, SO AS TO SUBSTITUTE "GOVERNMENTAL BODY" FOR "USING AGENCY"; TO AMEND SECTION 11-35-3230, AS AMENDED, RELATING TO SMALL ARCHITECT-ENGINEERING AND LAND SURVEYING CONTRACTS, SO AS TO SUBSTITUTE "GOVERNMENTAL BODY" FOR "USING AGENCY"; TO AMEND SECTION 11-35-3245, AS AMENDED, RELATING TO PERFORMING OTHER WORK, SO AS TO LIMIT ITS APPLICATION TO PROCUREMENTS FOR CONSTRUCTION USING THE DESIGN-BID-BUILD PROJECT DELIVERY METHODS; TO AMEND SECTION 11-35-3310, AS AMENDED, RELATING TO INDEFINITE DELIVERY CONSTRUCTION CONTRACTS, SO AS TO ADD A CROSS REFERENCE; AND TO REPEAL SECTION 11-35-1825 RELATING TO PREQUALIFICATION OF CONSTRUCTION BIDDERS.
(R180, S. 639 (Word version)) -- Senator Leventis: AN ACT TO PROVIDE THAT SUMTER COUNTY ON JULY 1, 2011, SHALL CONSIST OF ONE SCHOOL DISTRICT TO BE KNOWN AS THE SUMTER COUNTY CONSOLIDATED SCHOOL DISTRICT AND TO ABOLISH THE EXISTING SCHOOL DISTRICTS IN SUMTER COUNTY; TO PROVIDE THAT THE CONSOLIDATED SCHOOL DISTRICT BE GOVERNED BY A BOARD OF TRUSTEES ELECTED IN NONPARTISAN ELECTIONS ON SPECIFIED DATES; TO PROVIDE FOR THE COMPOSITION AND MANNER OF ELECTION OF THE BOARD; TO PROVIDE A SUPERINTENDENT FOR THE DISTRICT TO BE APPOINTED BY THE BOARD; TO PROVIDE FOR THE POWERS AND DUTIES OF THE BOARD AND SUPERINTENDENT; TO PROVIDE FOR THE MANNER IN WHICH SCHOOL BUDGETS MUST BE PRESENTED AND THE SCHOOL TAX MILLAGE BE IMPOSED AND CALCULATED; TO PROVIDE FOR THE TRANSFER OF THE ASSETS AND LIABILITIES OF THE TWO PRESENT SCHOOL DISTRICTS TO THE CONSOLIDATED DISTRICT WITH CERTAIN EXCEPTIONS; TO PROVIDE THE MANNER IN WHICH THE CONSTITUTIONAL DEBT LIMITATION OF THE CONSOLIDATED SCHOOL DISTRICT FOR THE ISSUANCE OF GENERAL OBLIGATION BONDS MUST BE DETERMINED; AND TO PROVIDE FOR A TRANSITION TEAM, THE MANNER OF ITS APPOINTMENT, AND ITS DUTIES AND FUNCTIONS, AND TO PROVIDE FOR OTHER RELATED MATERS IN REGARD TO THE CONSOLIDATION OF THE TWO DISTRICTS.
(R181, S. 793 (Word version)) -- Senators Cleary and Elliott: AN ACT TO PROVIDE THAT THE BOARD OF TRUSTEES OF COASTAL CAROLINA UNIVERSITY MAY MEET IN LOCATIONS OTHER THAN CONWAY AND TO PROVIDE THAT ALL PROPERTY, REAL AND PERSONAL, AND RIGHTS OF EVERY DESCRIPTION VESTED IN COASTAL CAROLINA UNIVERSITY LOCATED IN HORRY COUNTY SHALL BE VESTED IN "COASTAL CAROLINA UNIVERSITY".
(R182, S. 826 (Word version)) -- Senators Moore, Setzler and Ryberg: AN ACT TO AMEND ACT 503 OF 1982, AS AMENDED, SO AS TO CONFORM THE PETITION FILING DEADLINE FOR SCHOOL BOARD CANDIDATES FOR THE AIKEN COUNTY BOARD OF EDUCATION WITH THE UNIFORM STATEWIDE FILING DEADLINE FOR PETITION CANDIDATES PROVIDED FOR IN SECTION 7-13-351 AND TO CONFORM THE STATEMENT OF CANDIDACY FILING DEADLINE WITH THE UNIFORM STATEWIDE FILING DEADLINE SET FORTH IN SECTION 7-13-352.
(R183, S. 999 (Word version)) -- Senators McGill and Land: AN ACT TO AMEND SECTION 50-11-335, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BAG LIMIT ON ANTLERED DEER, SO AS TO PROVIDE THAT IN GAME ZONE 5 THERE IS NO DAILY OR SEASON LIMIT ON ANTLERED DEER.
(R184, H. 3131 (Word version)) -- Reps. Harrell and Umphlett: AN ACT TO AMEND ARTICLE 22, CHAPTER 3, TITLE 56, RELATING TO THE ISSUANCE OF SPECIAL MOTOR VEHICLE LICENSE PLATES TO CERTAIN CURRENT AND RETIRED ELECTED OFFICIALS, SO AS TO PROVIDE FOR THE ISSUANCE OF SPECIAL LICENSE PLATES TO FORMER MEMBERS OF THE SOUTH CAROLINA DELEGATION OF THE UNITED STATES CONGRESS, AND CERTAIN RETIRED JUDICIAL OFFICERS, AND TO MAKE TECHNICAL CHANGES.
(R185, H. 3379 (Word version)) -- Reps. D.C. Smith, J.R. Smith, Perry, Clyburn and Stewart: AN ACT 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 FOR PURPOSES OF MEETING THE HIGH SCHOOL RANK CRITERIA FOR THESE SCHOLARSHIPS, THE EXISTING HIGH SCHOOL RANK OF A SOUTH CAROLINA RESIDENT ATTENDING AN OUT-OF-STATE HIGH SCHOOL MAY BE USED IF IT IS CALCULATED PURSUANT TO A STATE-APPROVED STANDARDIZED GRADING SCALE AT THE RESPECTIVE OUT-OF-STATE HIGH SCHOOL.
(R186, H. 3572 (Word version)) -- Reps. Hagood, Rutherford, Bales, Barfield, Branham, G. Brown, Cato, Ceips, Chalk, Coleman, Edge, Gullick, Hardwick, Hayes, Jefferson, Jennings, Limehouse, Littlejohn, Mack, McLeod, Ott, Pinson, Sandifer, Scott, W.D. Smith, Spires, Talley, White, Hart, Whipper and Cotty: AN ACT TO AMEND CHAPTER 22, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRETRIAL INTERVENTION PROGRAM BY DESIGNATING THE EXISTING SECTIONS AS ARTICLE 1 AND BY ADDING ARTICLE 3 SO AS TO CREATE THE "TRAFFIC EDUCATION PROGRAM ACT", TO PROVIDE THAT EACH SOLICITOR HAS THE AUTHORITY TO ESTABLISH A PROGRAM FOR PERSONS WHO COMMIT TRAFFIC-RELATED OFFENSES PUNISHABLE BY A FINE OR LOSS OF FOUR POINTS OR LESS, TO PROVIDE THAT THE SOLICITOR IS AUTHORIZED TO CONTRACT FOR SERVICES WITH THE APPROPRIATE MUNICIPALITY OR COUNTY, AND TO PROVIDE PROCEDURES FOR THE OPERATION OF A TRAFFIC EDUCATION PROGRAM AND REQUIREMENTS FOR PERSONS DESIRING TO ENTER A PROGRAM.
(R187, H. 4315 (Word version)) -- Reps. R. Brown and Hodges: AN ACT TO AMEND ACT 190 OF 1991, RELATING TO THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF COLLETON COUNTY, SO AS TO CHANGE THE TIME FOR FILING THE STATEMENT OF CANDIDACY TO BE ELECTED TO THE BOARD OF TRUSTEES AND TO CORRECT INCORRECT REFERENCES.
The Senate returned to the House with concurrence the following:
H. 4569 (Word version) -- Reps. Phillips, Moss and Littlejohn: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR CAPTAIN ALAN BROOKS ALLISON, OF THE GAFFNEY CITY POLICE DEPARTMENT, FOR HIS MANY YEARS OF DEDICATED SERVICE TO THE STATE OF SOUTH CAROLINA AND TO HIS COUNTRY.
H. 4582 (Word version) -- Rep. Bowers: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR P. EDWIN DELOACH, OF HAMPTON COUNTY, FOR REACHING THE MOMENTOUS MILESTONE OF FIFTY YEARS OF TIRELESS SERVICE ON THE BOARD OF DIRECTORS OF PALMETTO ELECTRIC COOPERATIVE.
H. 4606 (Word version) -- Reps. Witherspoon, Hardwick, Crawford, Lowe, Kennedy, Littlejohn, Mahaffey, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kirsh, Knight, Leach, Limehouse, Loftis, Lucas, Mack, 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 and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND SOUTH CAROLINA'S NATIONAL FFA ORGANIZATION MEMBERS, THEIR ADVISORS, SCHOOL ADMINISTRATORS, PARENTS, AND ALL WHO SUPPORT, PROMOTE, AND ENCOURAGE THESE OUTSTANDING STUDENTS OF AGRICULTURAL EDUCATION ON THE OCCASION OF THE OBSERVANCE OF NATIONAL FFA WEEK, FEBRUARY 18-22, 2008.
At 11:45 a.m. the House, in accordance with the motion of Rep. ANTHONY, adjourned in memory of Freddie Moss of Union, brother of Representative Moss, to meet at 10:00 a.m. tomorrow.
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