Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 noon.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:
Our thought for today is from Psalm 143:8: "Let the morning bring me word of your unfailing love; for I have put my trust in you."
Let us pray. O God of truth, teach us Your paths and help us to offer light in the darkness to those we serve. Grant us courage to tackle the hard tasks we face and the perseverance to accomplish great things for this State. Bless our Nation, President, State, Governor, Speaker, this Honorable Assembly, and all who serve in these Halls of Government. Protect our defenders of freedom at home and abroad as they protect us. Hear our prayer, O God. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.
Rep. HIOTT moved that when the House adjourns, it adjourn in memory of Daniel Boone Owen of Pickens, which was agreed to.
The House stood in silent prayer for the family of Comptroller General Richard Eckstrom in the death of his sister, Margaret Ann Eckstrom.
The following was received:
The Legislature established the Gang Prevention Study Committee under the Criminal Gang Prevention Act on July 1, 2007. It was established to study and keep abreast of issues and problems in South Carolina concerning criminal gang activity, and to make a report to the Governor, the President Pro Tempore, and the Speaker of the House of Representatives by January 30, 2008. This committee is comprised of:
the Attorney General, or his designee, who shall serve as chairman;
three members of the House of Representatives, appointed by the Speaker of the House of Representatives;
three members of the Senate, appointed by the President Pro Tempore of the Senate;
one person appointed by the Chief of the State Law Enforcement Division;
one person appointed by the South Carolina Sheriffs' Association;
one person appointed by the Director of the Department of Juvenile Justice;
one person appointed by the Director of the Department of Corrections;
one person appointed by the Director of the Department of Social Services;
one person appointed by the South Carolina Municipal Association; and
two persons appointed by the Governor, one of which must be a member of the faith-based community.
FINDINGS
This committee held meetings on December 17, 2007, January 14, 2008, and January 25, 2008, to discuss and develop strategies for combating South Carolina's problems with criminal gangs. Statistics provided by the Department of Juvenile Justice (DJJ) indicate that the average age of a criminal gang member is fifteen (15) years, eight (8) months and the average age of recruitment is thirteen (13) years. These individuals frequently come under state supervision while they are juveniles and remain under some type of state supervision well into adulthood through probation, incarceration or parole. Therefore, it is the finding of this committee that gang activity must be addressed on the primary, secondary and tertiary level through a mix of diversion, remediation and incarceration.
It is the finding of the committee that criminal gangs have spread throughout our state and now pose a significant threat to the community at large. This committee has identified the following five (5) critical piers for dealing with South Carolina's gang problem:
The State Grand Jury must be utilized to prosecute gang-related crimes and gather information on the structure and organization of gangs.
The state must provide specialized education and training for law enforcement personnel and the public service community to effectively combat gang-related crimes.
The state must have a mandatory, inclusive reporting system to track gang activity through the State Law Enforcement Division (SLED).
Schools, parents, concerned citizens and youths must be educated to the dangers of criminal gangs.
The state must develop a comprehensive plan to combat gang activity, including integration of new programs and ideas into existing gang diversion programs.
1. The State Grand Jury must be utilized to prosecute gang-related crimes and gather information on the structure and organization of gangs.
In order to successfully combat criminal gangs in South Carolina, the State Grand Jury must be utilized to investigate the structure and pervasiveness of criminal gangs. The subpoena power of the State Grand Jury allows the state to compel testimony from individual gang members concerning the composition and structure of their respective gangs. This is an invaluable tool in discovering other potential participants in the crimes of the gang. Prosecution through the State Grand Jury allows the state to collect this information and disseminate it to law enforcement and to local communities. This will allow the state to prosecute and imprison the leaders of the gang and destroy the command structure.
2. The state must provide specialized education and training for law enforcement personnel AND THE PUBLIC SERVICE COMMUNITY to effectively combat gang-related crimes.
It is critical for the state to provide education to law enforcement concerning the composition and working structure of criminal gangs that have been identified as operating in South Carolina. The Office of the Attorney General has begun this endeavor by providing free training on the implications of the Gang Prevention Act and local law enforcement's role in Grand Jury investigations. The Attorney General has provided this training to the South Carolina Solicitor's Association, the 1st Judicial Circuit Victim's Association and the Attorney General will be presenting to the South Carolina School Resource Officer's Convention. The Attorney General, DJJ and other state agencies should work in conjunction to provide training to the public service community in order to properly educate first responders to the dangers of South Carolina's criminal gangs.
3. The state must have a mandatory, inclusive reporting system to track gang activity through the State Law Enforcement Division (SLED).
The free flow of information is a key component to successfully combating gang activity. The state should establish a mandatory, inclusive reporting system of gang activity monitored through the State Law Enforcement Division (SLED). This reporting system should be used to coordinate community and law enforcement responses to areas showing significant gang-related activity. By using this information, the state can employ techniques to reduce gang membership by combating related problems such as substance abuse, truancy, unemployment and mental health problems. SLED has created a gang database in an attempt to assemble this information, though it does not currently contain a mandatory reporting function. It is imperative that updates to this database be mandatory. Adding a "possible gang indicators" check box on all South Carolina initial incident reports can accomplish this important function. The addition of this to an officer's incident report will provide an easy way to track gang crime through the SLED database.
4. Schools, parents, CONCERNED CITIZENS and youth must be educated to the dangers of criminal gangs.
Schools, parents and the community at large must be educated about the signs of criminal gang activity. Community members are the eyes and ears of law enforcement. They provide the first line of defense against gangs by their presence in the neighborhood. This presence can be intensified through block watches and foot patrols. To successfully utilize the community resources, state agencies must work together to provide information and education about local gangs. The agencies can provide training sessions at parent-teacher organizations, local faith-based institutions and school assemblies. School resource officers, guidance counselors and teachers should play an integral part in educating the community. It is the finding of the committee that the Department of Education should be added to the gang prevention study committee.
Further, it is the finding of this committee that the failure to finish high school is a significant contributor to a child's involvement in a criminal gang. Therefore, the Department of Education, DJJ and other state agencies should develop programs to provide services and education to children expelled from school. These programs will be integral in steering dropouts and expelled students away from criminal street gangs. Finally, the state should work to develop and pass a comprehensive dropout prevention plan.
5. The state must develop a comprehensive plan to combat gang activity, including integration of new programs and ideas into existing gang diversion programs.
In order to develop a comprehensive plan to combat gang activity, the committee finds that the state must develop and integrate new programs and ideas into existing gang diversion programs. This should be successfully achieved through a coordinated mix of prevention, intervention and suppression focused on at-risk juveniles. The state should employ gang prevention services not only to encourage youth resiliency to gangs, but also to encourage positive social behaviors. Schools, faith-based organizations and public and private support groups must implement development programs that promote social, emotional, cognitive and behavioral development as well as moral competency and self-determination. It is the finding of this committee that this is best accomplished using a mix of programs that have proven to be effective in combating gangs. These proven programs should receive priority in funding. Currently, measures have been implemented by the Department of Juvenile Justice to accomplish this goal. DJJ has had success implementing Teen After-School (TAS) Centers. These TAS Centers serve as prevention tools by providing a safe place for youths to congregate in the after-school hours. Adult staff and volunteers provide mentoring, tutoring, recreational activities and cultural activities while encouraging youths to stay in school and avoid negative peer associations. Additionally, the Youth Challenge Program (YCP) administered through a mix of federal and state funds has also had success building youths' resiliency to gangs. Programs such as the TAS Centers and YCP have proven to be effective in preventing at-risk youths from falling victim to gangs.
The state should also develop programs designed to intervene in situations where gangs have become established. The state must identify youths who are currently engaged in gang involvement who wish to extricate themselves. Data provided by DJJ indicate that two major reasons for youth gang activity stem from lack of adult supervision and poverty. While the TAS centers have been shown to effectively combat lack of supervision, DJJ has implemented the Juvenile Employment Enrichment Program (JEEP). This program assists gang-affiliated youths to find a more productive and positive way to earn income. This program is a year-long employment program that provides life skills and employment curriculum in a safe after-school environment. Similarly, Operation Gang Out has shown a history of success in intervening and rehabilitating children already involved in street gangs.
Conclusion
It is the finding of this committee that the state should extend the Gang Prevention Study Committee, with the addition of the Department of Education, for no longer than twenty-four (24) months and based on the findings and recommendations of this committee, the state should consider creating a permanent gang awareness commission to continue to monitor these efforts. This is a necessary step in assessing and combating South Carolina's gang problem because an accurate and meaningful assessment will require substantial time and energy. This committee will be a useful tool in bringing together different state agencies so that we may work together to supplement our individual gang reduction plans.
Received as information.
The following was received from the Senate:
Columbia, S.C., January 31, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H. 3623:
H. 3623 (Word version) -- Rep. Thompson: A BILL TO AMEND SECTION 6-11-340, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROTECTION OF SPECIAL PURPOSE DISTRICTS, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTIONS 14-1-206, 14-1-207, AND 14-1-208, ALL AS AMENDED, RELATING TO MONETARY ASSESSMENTS LEVIED AGAINST FINES IMPOSED IN GENERAL SESSIONS, MAGISTRATES, AND MUNICIPAL COURTS, SO AS TO DELETE THE TERM "DEPARTMENT OF PUBLIC SAFETY" AND REPLACE IT WITH THE TERM "SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY"; TO AMEND SECTION 23-11-110, RELATING TO CERTAIN QUALIFICATIONS THAT A SHERIFF MUST POSSESS, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 23-23-70, RELATING TO THE ISSUANCE OF LAW ENFORCEMENT OFFICER CERTIFICATES, SO AS TO DELETE REFERENCES TO SECTION 23-6-440 AND REPLACE IT WITH REFERENCES TO SECTION 23-23-60; TO AMEND SECTIONS 23-28-20, 23-28-60, AND 23-28-90, ALL RELATING TO THE APPOINTMENT OF RESERVE POLICE OFFICERS, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 23-47-20, AS AMENDED, RELATING TO 911 SYSTEM REQUIREMENTS, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 24-5-320, RELATING TO THE JAIL PRE-SERVICE TRAINING PROGRAM, SO AS TO DELETE REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY AND REPLACE THEM WITH REFERENCES TO THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY, AND TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 24-5-360, RELATING TO TRAINING OFFERED TO RESERVES WHO WISH TO BECOME FULL-TIME JAILERS OR DETENTION OFFICERS, SO AS TO DELETE REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY AND REPLACE THEM WITH REFERENCES TO THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY, AND TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 56-5-2950, RELATING TO A PERSON WHO DRIVES A MOTOR VEHICLE HAVING GIVEN CONSENT TO SUBMIT TO CHEMICAL TESTS OF HIS BREATH, BLOOD, OR URINE FOR CERTAIN PURPOSES, SO AS TO DELETE A REFERENCE TO THE DEPARTMENT OF PUBLIC SAFETY AND REPLACE IT WITH A REFERENCE TO THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY; AND TO AMEND SECTION 40-18-30, AS AMENDED, RELATING TO THE POWERS AND DUTIES OF THE STATE LAW ENFORCEMENT DIVISION, SO AS TO DELETE A REFERENCE TO THE LAW ENFORCEMENT TRAINING COUNCIL AND TO REPLACE IT WITH A REFERENCE TO THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY.
Very respectfully,
President
On motion of Rep. THOMPSON, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. THOMPSON, STAVRINAKIS and G. M. SMITH to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following were received and referred to the appropriate committee for consideration:
Document No. 3185
Agency: Commission on Higher Education
Statutory Authority: 1976 Code Section 59-142-20
South Carolina Need-based Grants Program
Received by Speaker of the House of Representatives
February 5, 2008
Referred to Education and Public Works Committee
Legislative Review Expiration June 4, 2008
Document No. 3173
Agency: Commission on Higher Education
Statutory Authority: 1976 Code Section 59-150-370
South Carolina HOPE Scholarship
Received by Speaker of the House of Representatives
February 5, 2008
Referred to Education and Public Works Committee
Legislative Review Expiration June 4, 2008
Document No. 3172
Agency: Commission on Higher Education
Statutory Authority: 1976 Code Chapter 112, Title 59
South Carolina Residency Program
Received by Speaker of the House of Representatives
February 5, 2008
Referred to Education and Public Works Committee
Legislative Review Expiration June 4, 2008
Document No. 3111
Agency: Department of Health and Environmental Control - Coastal Council
Statutory Authority: 1976 Code Section 48-39-10, et seq.
Coastal Division Regulations
Received by Speaker of the House of Representatives
January 8, 2008
Referred to Agriculture, Natural Resources and Environmental Affairs Committee
Legislative Review Expiration May 7, 2008
Revised: May 13, 2008
Rep. COOPER, from the Committee on Ways and Means, submitted a favorable report on:
H. 4520 (Word version) -- Reps. Cooper, Harrell, Cobb-Hunter, Walker, Perry, Battle, Skelton, Thompson, Alexander, Ballentine, Edge, Harrison, Hayes, Limehouse, J. H. Neal, Ott, Owens and Williams: A BILL TO AMEND SECTION 59-147-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ISSUANCE OF REVENUE BONDS BY COLLEGES AND UNIVERSITIES, SO AS TO CLARIFY AND FURTHER SPECIFY WHAT FACILITIES ARE ELIGIBLE TO BE FINANCED UNDER THE HIGHER EDUCATION REVENUE BOND ACT; AND TO REPEAL SECTION 59-147-120 RELATING TO CERTAIN LIMITATIONS ON THE ISSUANCE OF REVENUE BONDS.
Ordered for consideration tomorrow.
Rep. HOWARD, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:
H. 3950 (Word version) -- Rep. Kennedy: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 97 TO TITLE 44 SO AS TO CREATE THE CHRONIC KIDNEY DISEASE INITIATIVE GOVERNING BOARD AND TO PROVIDE FOR ITS MEMBERSHIP, POWERS, AND DUTIES, INCLUDING MANAGING FUNDING AND IMPLEMENTING PROGRAMS TO EDUCATE THE PUBLIC AND HEALTH CARE PROFESSIONALS ABOUT KIDNEY DISEASE.
Ordered for consideration tomorrow.
Rep. HOWARD, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:
H. 3957 (Word version) -- Rep. Harvin: A BILL TO AMEND SECTION 44-39-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF THE DIABETES INITIATIVE OF SOUTH CAROLINA, SO AS TO DELETE THE REQUIREMENT THAT THE PRESIDENT OF THE SOUTH CAROLINA AFFILIATE OF THE AMERICAN DIABETES ASSOCIATION BE A MEMBER OF THE BOARD, AND TO PROVIDE THAT THE VICE PRESIDENT OF THE SOUTHEASTERN DIVISION OF THE AMERICAN DIABETES ASSOCIATION BE A MEMBER OF THE BOARD.
Ordered for consideration tomorrow.
Rep. HOWARD, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:
H. 3723 (Word version) -- Reps. Neilson, Anthony, Bales, Clyburn, Hodges, Hosey, Howard, Jefferson, Mack, Moss and Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-17-155 SO AS TO REQUIRE EACH SCHOOL DISTRICT IN THIS STATE TO DEVELOP AND IMPLEMENT AN EXTERNAL DEFIBRILLATOR PROGRAM FOR EACH HIGH SCHOOL IN THE DISTRICT WHICH REQUIRES THAT SUCH A DEFIBRILLATOR IS PROVIDED ON THE GROUNDS OF EACH HIGH SCHOOL, THAT DISTRICT EMPLOYEES AND VOLUNTEERS REASONABLY EXPECTED TO USE THE DEVICE ARE TRAINED IN ITS USE, AND THAT THESE DEVICES ARE PERIODICALLY INSPECTED AND ANNUALLY MAINTAINED.
Ordered for consideration tomorrow.
Rep. HOWARD, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report on:
S. 775 (Word version) -- Senators Scott and Lourie: A JOINT RESOLUTION TO ESTABLISH THE MULTIPLE SCLEROSIS HEALTHCARE ACCESS STUDY COMMITTEE, TO PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES, AND TO DIRECT THE COMMITTEE TO STUDY THE AVAILABILITY OF HEALTH CARE SERVICES TO MULTIPLE SCLEROSIS PATIENTS IN THIS STATE AND REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY BY JANUARY 1, 2009, AT WHICH TIME THE STUDY COMMITTEE IS ABOLISHED.
Ordered for consideration tomorrow.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4628 (Word version) -- Reps. M. A. Pitts, Bedingfield, J. R. Smith, Walker, D. C. Smith, Mahaffey, Bales, Herbkersman, Jefferson, Littlejohn, Shoopman and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-35 SO AS TO PROHIBIT A PHARMACY BENEFITS MANAGER FROM DISCRIMINATING WHEN CONTRACTING WITH PHARMACIES ON THE BASIS OF CO-PAYMENTS OR DAYS OF SUPPLY, TO REQUIRE A CONTRACT TO APPLY THE SAME COINSURANCE, CO-PAYMENT, AND DEDUCTIBLE TO COVERED PRESCRIPTIONS FILLED BY ANY PHARMACY, AND TO DEFINE "PHARMACY BENEFITS MANAGER".
Referred to Committee on Labor, Commerce and Industry
H. 4629 (Word version) -- Rep. Duncan: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGISTRATION AND LICENSING OF MOTOR VEHICLES BY ADDING ARTICLES 101 AND 102 SO AS TO PROVIDE FOR THE ISSUANCE OF SILVER STAR AND BRONZE STAR SPECIAL LICENSE PLATES.
Referred to Committee on Education and Public Works
H. 4630 (Word version) -- Rep. Scott: A JOINT RESOLUTION TO CREATE A NEW GANG PREVENTION STUDY COMMITTEE TO CONTINUE THE WORK OF THE INITIAL GANG PREVENTION STUDY COMMITTEE TO ASSESS AND COMBAT THE STATE'S ONGOING GANG PROBLEM BY BRINGING TOGETHER STATE AGENCIES TO COORDINATE GANG REDUCTION PLANS AND MAKE FURTHER RECOMMENDATIONS ADDRESSING GANG-RELATED ACTIVITY IN THE STATE.
Referred to Committee on Judiciary
H. 4631 (Word version) -- Reps. Duncan and M. A. Pitts: A BILL TO AMEND SECTION 23-31-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL GOVERNMENTS BEING PROHIBITED FROM REGULATING THE TRANSFER, OWNERSHIP, POSSESSION, CARRYING, AND TRANSPORTATION OF FIREARMS, AND AMMUNITION, SO AS TO DELETE THESE PROVISIONS AND TO PROVIDE THAT A POLITICAL SUBDIVISION MAY NOT PROMULGATE A REGULATION OR ENACT AN ORDINANCE WHICH ATTEMPTS TO REGULATE THE ACTIONS OF CERTAIN LANDOWNERS OR THEIR DESIGNEES FROM DISCHARGING A FIREARM ON THEIR PROPERTY UNDER CERTAIN CIRCUMSTANCES.
Referred to Committee on Judiciary
H. 4642 (Word version) -- Rep. Herbkersman: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE STATE SALES TAX, SO AS TO EXEMPT THE GROSS PROCEEDS OF SALES OR SALES PRICE OF CONSTRUCTION MATERIALS USED IN CONSTRUCTION OF CERTAIN NEW OR EXPANDED HEADQUARTERS.
Referred to Committee on Ways and Means
H. 4648 (Word version) -- Reps. Sellers, Brantley, Knight, Govan, Agnew, Alexander, Anderson, Anthony, Breeland, Clyburn, Hart, Hayes, Hosey, Howard, Jennings, Mitchell, Moody-Lawrence, J. H. Neal, Ott, Rutherford, Scott and F. N. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "REDUCTION OF RACIAL AND ETHNIC HEALTH DISPARITIES ACT" BY ADDING CHAPTER 119 TO TITLE 44 SO AS TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SUBJECT TO FUNDS BEING APPROPRIATED, SHALL DEVELOP A GRANT PROGRAM TO PROVIDE FUNDING TO COUNTIES FOR THE DEVELOPMENT OF COMMUNITY AND NEIGHBORHOOD PROJECTS TO IMPROVE THE HEALTH OUTCOMES OF RACIAL AND ETHNIC POPULATIONS; TO PROVIDE FOR THE DUTIES OF THE DEPARTMENT IN CARRYING OUT ITS RESPONSIBILITIES UNDER THIS CHAPTER; TO ESTABLISH GRANT PROPOSAL CRITERIA; AND TO PROVIDE THAT FUNDING FOR THIS GRANT PROGRAM IS TO SUPPLEMENT, NOT SUPPLANT, EXISTING RACIAL AND ETHNIC HEALTH DISPARITIES PROGRAMS.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 4649 (Word version) -- Reps. Bannister, Hart, Kelly and Taylor: A BILL TO AMEND SECTION 38-53-270, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A PROFESSIONAL BONDSMAN'S MAINTENANCE OF SECURITY DEPOSITS WITH THE CLERK OF COURT, SO AS TO CHANGE THE AMOUNT A PROFESSIONAL BONDSMAN SHALL MAINTAIN AS A DEPOSIT WITH A CLERK OF COURT AND TO PROVIDE THAT A PROFESSIONAL BONDSMAN PRESENTLY LICENSED IS NOT AFFECTED BY THE INCREASED MINIMUM DEPOSITS.
Referred to Committee on Judiciary
H. 4650 (Word version) -- Rep. Sellers: A BILL TO AMEND SECTION 59-10-340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SNACKS SOLD IN VENDING MACHINES IN SCHOOLS, SO AS TO PROVIDE FOR FAT, CALORIE, AND SUGAR CONTENT STANDARDS THAT SNACK FOOD AND BEVERAGES MUST MEET IN ORDER TO BE SOLD IN SCHOOLS; AND BY ADDING SECTION 59-10-345 SO AS TO PROVIDE THAT ELEMENTARY SCHOOLS MAY OFFER ONLY FULL MEALS FOR STUDENT CONSUMPTION, AND TO PROVIDE FOR FAT, CALORIE, AND SUGAR CONTENT STANDARDS THAT FOODS AND BEVERAGES MUST MEET IN ORDER TO BE SOLD IN SCHOOLS.
Referred to Committee on Education and Public Works
S. 949 (Word version) -- Senators Lourie, Elliott, Thomas, Malloy, Cleary and Alexander: A BILL TO REDESIGNATE SECTION 38-71-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTISM INSURANCE COVERAGE, AS SECTION 38-71-765.
Referred to Committee on Labor, Commerce and Industry
S. 964 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 34-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITION OF THE USE OF THE WORD "BANK" IN CONNECTION WITH A PURSUIT OTHER THAN BANKING, SO AS TO PROHIBIT THE USE OF A BANKING ENTITY'S LOGO OR NAME IN CONNECTION WITH A FINANCIAL TRANSACTION WITHOUT ITS WRITTEN CONSENT.
Referred to Committee on Labor, Commerce and Industry
S. 1034 (Word version) -- Senator Courson: A JOINT RESOLUTION TO EXTEND THE DATE BY WHICH THE HIGHER EDUCATION TASK FORCE MUST SUBMIT RECOMMENDATIONS FOR THE HIGHER EDUCATION STATEWIDE STRATEGIC PLAN TO THE GENERAL ASSEMBLY UNTIL SEPTEMBER 15, 2008.
Referred to Committee on Education and Public Works
S. 1050 (Word version) -- Senators Verdin and Ryberg: A BILL TO AMEND CHAPTER 3, TITLE 56 OF THE 1976 CODE, TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE OPERATION DESERT STORM-DESERT SHIELD VETERANS LICENSE PLATES, OPERATION ENDURING FREEDOM VETERANS LICENSE PLATES, AND OPERATION IRAQI FREEDOM VETERANS LICENSE PLATES.
Referred to Committee on Education and Public Works
The following was introduced:
H. 4632 (Word version) -- Rep. Bannister: A HOUSE RESOLUTION TO RECOGNIZE AND CONGRATULATE THE BOYS SWIM TEAM OF THE J. L. MANN HIGH SCHOOL PATRIOTS FOR CAPTURING THE 2007 CLASS AAA STATE CHAMPIONSHIP TITLE, AND TO COMMEND THE SWIMMERS AND COACHES FOR AN EXCEPTIONAL SEASON AND STATE VICTORY.
The Resolution was adopted.
On motion of Rep. BANNISTER, with unanimous consent, the following was taken up for immediate consideration:
H. 4633 (Word version) -- Rep. Bannister: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE J. L. MANN HIGH SCHOOL BOYS SWIM TEAM, COACHES, AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND COMMENDED FOR CAPTURING THE 2007 CLASS AAA STATE CHAMPIONSHIP TITLE.
Be it resolved by the House of Representatives:
That the privilege of the floor of the South Carolina House of Representatives be extended to the J. L. Mann High School boys swim team, coaches, and school officials, at a date and time to be determined by the Speaker, for the purpose of being recognized and commended for capturing the 2007 Class AAA State Championship title.
The Resolution was adopted.
The following was introduced:
H. 4634 (Word version) -- Rep. Bannister: A HOUSE RESOLUTION TO RECOGNIZE AND CONGRATULATE THE J. L. MANN HIGH SCHOOL BOYS CROSS-COUNTRY TEAM FOR WINNING THE 2007 CLASS AAA STATE CHAMPIONSHIP TITLE, AND TO HONOR THE RUNNERS AND COACHES FOR A SUCCESSFUL SEASON THAT ENDED WITH A STATE VICTORY.
The Resolution was adopted.
On motion of Rep. BANNISTER, with unanimous consent, the following was taken up for immediate consideration:
H. 4635 (Word version) -- Rep. Bannister: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE J. L. MANN HIGH SCHOOL BOYS CROSS-COUNTRY TEAM, COACHES, AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND COMMENDED FOR CAPTURING THE 2007 CLASS AAA STATE CHAMPIONSHIP TITLE.
Be it resolved by the House of Representatives:
That the privilege of the floor of the South Carolina House of Representatives be extended to the J. L. Mann High School boys cross-country team, coaches, and school officials, at a date and time to be determined by the Speaker, for the purpose of being recognized and commended for capturing the 2007 Class AAA State Championship title.
The Resolution was adopted.
The following was introduced:
H. 4636 (Word version) -- Rep. Edge: A HOUSE RESOLUTION TO RECOGNIZE AND CONGRATULATE JANA LEE SNAPP OF SPARTANBURG ON BEING CROWNED MISS SUN FUN 2008 AND WISH HER SUCCESS IN HER REIGN AND IN ALL HER FUTURE ENDEAVORS.
The Resolution was adopted.
On motion of Rep. OTT, with unanimous consent, the following was taken up for immediate consideration:
H. 4637 (Word version) -- Reps. Ott, 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, Erickson, 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, 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 CELEBRATE THE DECLARATION OF INDEPENDENCE AND THE UNITED STATES CONSTITUTION WITH ITS BILL OF RIGHTS ENUMERATING OUR UNALIENABLE RIGHTS AND LIBERTIES AND TO PROCLAIM SUNDAY, MARCH 16, 2008, AS "LIBERTY DAY" IN SOUTH CAROLINA.
Whereas, our rights and liberties are rooted in the cherished documents of our nation, the Declaration of Independence and the United States Constitution with its Bill of Rights, which set forth the principles on which our great country is based; and
Whereas, during the Constitutional Convention of 1787, James Madison's Virginia Plan became the foundation of the new American Constitution, replacing the Articles of Confederation and establishing our present form of government; and
Whereas, a leading architect of the Constitution, James Madison also introduced the Bill of Rights when he served in the United States House of Representatives from 1789 to 1797; and
Whereas, we as Americans enjoy our freedom and the rule of law through these documents created by our founding fathers; and
Whereas, it is appropriate to proclaim the sixteenth day of March as "Liberty Day" because it is the birth date of founding father James Madison, who went on to serve as the fourth President of the United States; and
Whereas, the rich culture and history of the United States of America can be sustained as long as each generation maintains an understanding of and commitment to the principles of our founding documents; and
Whereas, it is fitting and proper for the members of the South Carolina House of Representatives to pause in their deliberations in recognition of "Liberty Day" and to pay tribute to the remarkable achievements and extraordinary vision of our founding fathers and the rights, privileges, and responsibilities they secured for the people of the United States of America. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives of the State of South Carolina, by this resolution, celebrate the Declaration of Independence and the United States Constitution with its Bill of Rights enumerating our unalienable rights and liberties and proclaim Sunday, March 16, 2008, as "Liberty Day" in South Carolina.
The Resolution was adopted.
The following was introduced:
H. 4638 (Word version) -- Reps. Clemmons, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, 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, 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 CONGRATULATE BRAD DEAN, PRESIDENT AND CHIEF EXECUTIVE OFFICER OF THE MYRTLE BEACH AREA CHAMBER OF COMMERCE, FOR HIS SUCCESSES IN ATTRACTING BOTH THE REPUBLICAN AND DEMOCRATIC PRESIDENTIAL PRIMARY DEBATES TO THE GRAND STRAND OF THE PALMETTO STATE.
The Resolution was adopted.
The following was introduced:
H. 4639 (Word version) -- Reps. Clemmons, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, 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, 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 COMMEND AMIE LEE, EXECUTIVE PROJECT COORDINATOR FOR THE MYRTLE BEACH AREA CHAMBER OF COMMERCE, FOR HER INSTRUMENTAL INVOLVEMENT IN BRINGING THE 2008 REPUBLICAN AND DEMOCRATIC PRESIDENTIAL DEBATES TO MYRTLE BEACH.
The Resolution was adopted.
The following was introduced:
H. 4640 (Word version) -- Reps. Clemmons, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, 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, 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 THE SUCCESSFUL EFFORTS OF MAYOR JOHN RHODES IN BRINGING THE NATIONALLY TELEVISED PRESIDENTIAL DEBATES TO HIS TOWN BEFORE THE DEMOCRATIC AND REPUBLICAN PARTY PRIMARIES, AND TO CONGRATULATE HIM FOR BRINGING NATIONAL ATTENTION TO THE IMPORTANCE OF SOUTH CAROLINA'S PRIMARIES IN CHOOSING THE PRESIDENTIAL NOMINEES.
The Resolution was adopted.
The following was introduced:
H. 4641 (Word version) -- Rep. Jennings: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE MARLBORO COUNTY DEPARTMENT OF TRANSPORTATION MAINTENANCE AND ENGINEERING OFFICE BUILDING LOCATED ON SOUTH CAROLINA HIGHWAY 38, IN THE CITY OF BENNETTSVILLE, THE "WADE R. CROW MAINTENANCE AND ENGINEERING OFFICE BUILDING", AND PLACE APPROPRIATE MARKERS OR SIGNS AT THIS BUILDING THAT CONTAIN THE WORDS "WADE R. CROW MAINTENANCE AND ENGINEERING OFFICE BUILDING".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4643 (Word version) -- Rep. Gullick: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE CHARLES POWERS OF YORK COUNTY FOR HIS OUTSTANDING ACHIEVEMENTS AS MAYOR OF FORT MILL, HIS COMMITMENT TO THE CITIZENS OF FORT MILL, AND HIS SUPPORT OF THE BUSINESS COMMUNITY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4644 (Word version) -- Reps. G. Brown, Lowe, J. H. Neal, G. M. Smith and Weeks: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE PASSING OF MR. WILLIAM C. PITTS OF SUMTER COUNTY AND TO EXTEND THE DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Resolution was adopted.
The following was introduced:
H. 4645 (Word version) -- Reps. Perry, 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, Erickson, 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, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE PHARMACEUTICAL RESEARCH AND MANUFACTURERS OF AMERICA ON THE TWENTIETH ANNIVERSARY OF ITS DISCOVERERS AWARD PROGRAM, WHICH EACH YEAR HONORS SCIENTISTS WHOSE TIRELESS RESEARCH AND DEVELOPMENT OF NEW PHARMACEUTICALS HAVE GREATLY BENEFITED PEOPLE ALL OVER THE WORLD.
The Resolution was adopted.
On motion of Rep. PERRY, with unanimous consent, the following was taken up for immediate consideration:
H. 4646 (Word version) -- Reps. Perry, 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, Erickson, 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, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO DECLARE WEDNESDAY, FEBRUARY 20, 2008, "CITIES MEAN BUSINESS DAY" AND TO CELEBRATE THE VALUABLE CONTRIBUTIONS SOUTH CAROLINA CITIES AND TOWNS MAKE TO OUR STATE'S ECONOMIC PROSPERITY THROUGH THEIR RELATIONSHIPS WITH LOCAL BUSINESSES.
Whereas, deriving their power from the state constitution and laws adopted by the General Assembly, cities and towns mean business and are therefore economic engines of the State and valuable resources for promoting competition; and
Whereas, cities and towns are considered hometowns for their residents, providing a sense of place and spirit of community to all within and around their municipal boundaries; and
Whereas, cities and towns provide essential services such as law enforcement, fire protection, health and sanitation, recreation, and growth and development controls to protect and enhance the quality of life for all citizens; and
Whereas, the amenities and services that cities and towns provide to residents attract business and industry to the region; and
Whereas, locally elected mayors and council members supply the leadership that guides municipal growth and development, leading to the success of the State and region, while dedicated municipal employees provide the services for residents that contribute to quality of life and local business success; and
Whereas, healthy, financially sound, and economically strong cities and towns are essential to the welfare of the State, and the two hundred sixty-nine duly incorporated municipalities within South Carolina deserve recognition and praise for their outstanding efforts to help this great State build yet greater vitality through dynamic relationships with local businesses. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the South Carolina General Assembly, by this resolution, declare Wednesday, February 20, 2008, "Cities Mean Business Day" and celebrate the valuable contributions South Carolina cities and towns make to our state's economic prosperity through their relationships with local businesses.
Be it further resolved that a copy of this resolution be presented to Fred Cavanaugh, mayor of the City of Aiken and 2008 president of the Municipal Association of South Carolina.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. HUGGINS, with unanimous consent, the following was taken up for immediate consideration:
H. 4647 (Word version) -- Rep. Huggins: A CONCURRENT RESOLUTION TO DECLARE TUESDAY, FEBRUARY 5, 2008, SOUTH CAROLINA REALTOR DAY IN ORDER TO RECOGNIZE AND HONOR THE MANY OUTSTANDING REALTORS AND REAL ESTATE PROFESSIONALS IN OUR STATE.
Whereas, a healthy and happy society must fulfill the desires and aspirations of the majority of its members while protecting the rights of each of its individual entities; and
Whereas, our citizens desire to live in communities where the wonders of our Creator are molded and preserved and where the prosperity of the members of the society, as well as, the animal and plant life indigenous to the environment, is protected and nurtured; and
Whereas, our society has been established and maintained and has prospered based on a recognition of the rights of each individual member, and many of the most important of these rights have been codified in our nation's Bill of Rights; and
Whereas, our forefathers found it prudent and wise to ensure the protection of an individual's property rights by establishing these rights in both the Fifth and Fourteenth Amendments to the United States Constitution; and
Whereas, homeownership provides a sense of security for South Carolina families and their children and results in better education, more secure neighborhoods, and a better quality of life for our children; and
Whereas, the purchase of a home for most South Carolinians is the single largest investment they will ever make; and
Whereas, all families in South Carolina regardless of race, color, religion, gender, handicap, familial status, or national origin should have the opportunity to pursue the American dream of homeownership; and
Whereas, housing affordability and choices should be market driven, based on the principles of free enterprise, so the American dream of homeownership can be protected and preserved for future generations of South Carolinians; and
Whereas, South Carolina REALTORS is an association with nearly twenty-two thousand members and twenty-two local associations throughout the State; and
Whereas, the members of South Carolina REALTORS provide diverse and specialized services in South Carolina in the purchase, sale, leasing, or appraisal of real property, including residential, commercial, industrial, retail development, consulting services, estates, foreclosures, international affairs, investments, luxury homes, property management, and property rehabilitation; and
Whereas, in addition to the unmatched array of member programs, products, and services that South Carolina REALTORS provides to its members, the association also provides critical real estate continuing education resources to real estate professionals in South Carolina through its Graduate Realtor Institute Program; and
Whereas, South Carolina REALTORS has for many years developed and distributed uniform lease and other common real estate forms that are used and relied on by realtors in South Carolina; and
Whereas, beyond the services it provides to its members and real estate professionals, South Carolina REALTORS has taken public-interest positions on local, regional, state, and federal issues relating to the protection of consumers and the real estate industry, including private-property rights, seller disclosure initiatives, and undue taxation; and
Whereas, South Carolina REALTORS and its members are truly the keepers of the American dream of homeownership. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the South Carolina General Assembly, by this resolution, declare Tuesday, February 5, 2008, South Carolina Realtor Day in order to recognize and honor the many outstanding realtors and real estate professionals in our State.
Be it further resolved that a copy of this resolution be forwarded to Andrew G. Walker, 2008 President of South Carolina REALTORS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was taken up for immediate consideration:
S. 1054 (Word version) -- Senators McGill and Knotts: A CONCURRENT RESOLUTION TO DESIGNATE FEBRUARY 6, 2008 AS "INTERNATIONAL PAPER DAY" TO HONOR INTERNATIONAL PAPER AND THEIR 2,200 EMPLOYEES AND ELEVEN FACILITIES IN THE STATE OF SOUTH CAROLINA, FOR THEIR PROTECTION OF FORESTLANDS THROUGH CONSERVATION LAND DONATIONS, SALES AND EASEMENTS AND FOR THEIR EXCEPTIONAL COMMITMENT TO IMPROVING THE ENVIRONMENT FOR ALL SOUTH CAROLINA.
Whereas, an essential part of International Paper's business strategy is to make uncoated paper and packaging products in a safe and healthful workplace, to manage natural resources wisely by using no wood from endangered forests, and to continually improve International Paper's environmental performance; and
Whereas, International Paper's health and safety programs are achieving great results with two company work sites in the State certified under OSHA's Voluntary Protection Program and forty-nine certified as Voluntary Protection Program sites in the United States, one million safe work hours recorded at the Georgetown, South Carolina Mill, and no lost time incidents at the Sumter, South Carolina sheet converting facility in two years. In 2007, International Paper provided a safe work environment for employees by achieving the best ever company worldwide total incident rate of 1.06; and
Whereas, International Paper is actively reducing greenhouse gas emissions and participating in several programs worldwide, including the Chicago Climate Exchange and the U.S. Environmental Protection Agency's Climate Leaders programs; and
Whereas, International Paper's Georgetown and Eastover Mills are taking part in the South Carolina Environmental Excellence and EPA Performance Track programs, and International Paper is a sponsor of the State's Champions of the Environment program; and
Whereas, International Paper is a valued corporate citizen in our communities. In 2007, International Paper's South Carolina employees donated three hundred and thirty-one thousand dollars to the United Way. The International Paper Foundation also donated more than eighty-six thousand dollars to South Carolina community-level environmental, economic and educational programs; and
Whereas, International Paper's biodiversity efforts are multiplying as they undertake work in habitat restoration, applied forest research and partnership programs with some of the world's most renowned environmental groups. Many of the parcels that have thrived under the company's leadership are home to bald eagles, black bears, and the endangered red-cockaded woodpecker. Several tracts also provide vital linkages between existing public and private conservation areas; and
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, designate February 6, 2008 as "International Paper Day" to honor International Paper and their employees for their protection of forestlands and for their exceptional commitment to improving the environment for all South Carolina.
Be it further resolved that a copy of this resolution be forwarded to the International Paper Company as an expression of the South Carolina General Assembly's admiration and gratitude for the company's successful efforts on behalf of the people of South Carolina.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The roll call of the House of Representatives was taken resulting as follows:
Agnew Alexander Allen Anderson Anthony Bales Ballentine Bannister Barfield Bedingfield Bingham Bowen Bowers Brady Branham Brantley Breeland G. Brown R. Brown Cato Chalk Clemmons Clyburn Coleman Cooper Crawford Dantzler Davenport Delleney Duncan Edge Erickson Frye Gambrell Govan Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Hart Harvin Haskins Hayes 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 J. H. Neal Neilson Ott Owens Parks Perry Phillips Pinson M. A. Pitts Rice Sandifer Scarborough Scott Sellers Shoopman Simrill Skelton D. C. Smith F. N. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Spires Stavrinakis Stewart Talley Taylor Thompson Toole Umphlett Viers Walker Weeks White Whitmire Williams Witherspoon Young
I came in after the roll call and was present for the Session on Tuesday, February 5.
Gilda Cobb-Hunter Laurie Funderburk Todd Rutherford Jackson "Seth" Whipper James Battle Bill Cotty William G. Herbkersman Mick Mulvaney
The SPEAKER granted Rep. E. H. PITTS a leave of absence for the day due to a birth in the family.
Announcement was made that Dr. William F. Ward of West Columbia was the Doctor of the Day for the General Assembly.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 3301 (Word version)
Date: ADD:
02/05/08 HARRELL
Bill Number: H. 4157 (Word version)
Date: ADD:
02/05/08 TAYLOR
Bill Number: H. 4157 (Word version)
Date: ADD:
02/05/08 D. C. SMITH
Bill Number: H. 4328 (Word version)
Date: ADD:
02/05/08 MCLEOD
Bill Number: H. 4328 (Word version)
Date: ADD:
02/05/08 HART
Bill Number: H. 4474 (Word version)
Date: ADD:
02/05/08 D. C. SMITH
Bill Number: H. 4531 (Word version)
Date: ADD:
02/05/08 TOOLE
Bill Number: H. 4552 (Word version)
Date: ADD:
02/05/08 KIRSH
Bill Number: H. 4552 (Word version)
Date: ADD:
02/05/08 JENNINGS
Bill Number: H. 4586 (Word version)
Date: ADD:
02/05/08 STAVRINAKIS
Bill Number: H. 4594 (Word version)
Date: ADD:
02/05/08 HUGGINS
Bill Number: H. 4623 (Word version)
Date: ADD:
02/05/08 STAVRINAKIS
Bill Number: H. 4539 (Word version)
Date: REMOVE:
02/05/08 STAVRINAKIS
Bill Number: H. 4539 (Word version)
Date: REMOVE:
02/05/08 J. H. NEAL
Bill Number: H. 4263 (Word version)
Date: REMOVE:
02/05/08 STAVRINAKIS
Bill Number: H. 3615 (Word version)
Date: REMOVE:
02/05/08 MAHAFFEY
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. MERRILL, BINGHAM, BALLENTINE, HUGGINS, SPIRES, TOOLE, SHOOPMAN, BRADY, J. H. NEAL, AGNEW, HIOTT, JEFFERSON, UMPHLETT, SKELTON, HOSEY, SCOTT, ERICKSON, MILLER, SCARBOROUGH, STAVRINAKIS, BEDINGFIELD, G. R. SMITH, J. R. SMITH, LEACH, HODGES, DAVENPORT, MITCHELL, MAHAFFEY, GULLICK, KIRSH, CRAWFORD, YOUNG, HERBKERSMAN, R. BROWN, BRANHAM and BRANTLEY requested debate on the Bill.
The following Bill was taken up, read the second time, and ordered to a third reading:
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 explained the Bill.
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.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\DT\27051BB08), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The General Assembly finds that:
(1) the State Board for Technical and Comprehensive Education (Board) and its colleges are in a unique position to be active and full participants in the state's effort to promote and enhance the economic development of this State through the location and development of high technology businesses and industries;
(2) the role of the board and the colleges to provide educational and job training opportunities for citizens complements and enhances the ability of the state's research universities to pursue and engage the high technology community.
(3) the board and the colleges can better utilize their resources if necessary powers and flexibility are granted by the General Assembly for the board and the colleges to fulfill their role in a high technology economy;
(4) it is in the best interest of the State to provide the powers and flexibility for the board, and the best method for accomplishing this is through the creation and establishment of separate and distinct instrumentalities of the State;
(5) the board shall carefully review and approve each individual project brought to it by these colleges and instrumentalities and will approve projects based on the best interest of the State; and
(6) authorizations contained in this act are in the public interest, serve a public purpose, and promote the health, safety, welfare, and convenience of the people of the State.
SECTION 2. This act may be cited as the "State Board for Technical and Comprehensive Education Enterprise Campus Authority Act".
SECTION 3. Chapter 53, Title 59 of the 1976 Code is amended by adding:
Section 59-53-1100. As used in this article:
(1) 'Authority' means a technical college Enterprise Campus Authority.
(2) 'Board' means the governing body of an authority.
(3) 'Commission' means an area commission as defined by Section 59-53-52.
(4) 'Enterprise campus' means the real and personal property subject to the management and control of an authority. The enterprise campus may consist of one or more tracts or parcels of real property and none of the tracts or parcels has to be contiguous with other properties constituting the enterprise campus.
Section 59-53-1110. (A) At the request of an area commission, the State Board for Technical and Comprehensive Education may approve the creation of a College Enterprise Campus Authority. An authority is declared to be a public instrumentality of the State and the exercise by it of any power conferred in this article is the performance of an essential public function. An authority is governed by a board, which consists of members of the commission. All members serve ex officio. Persons serving as chairman, vice chairman, treasurer, and secretary of the commission shall serve in the same capacity on the board. The members of the board shall receive per diem as provided for members of boards, commissions, and committees and actual expenses incurred in the performance of their duties.
(B) The board shall exercise the powers of an authority.
(C) The purpose of an authority is to provide for the management, development, and operation of an enterprise campus.
Section 59-53-1120. (A) In addition to the powers contained elsewhere in this article, the board has power necessary, useful, or appropriate to operate and administer an authority, to effectuate the purposes of an authority, and to perform its other functions including, but not limited to, the power to:
(1) have perpetual succession;
(2) sue and be sued in its own name;
(3) adopt, promulgate, amend, and repeal bylaws, not inconsistent with provisions in this article for the administration of an authority's affairs and the implementation of its functions;
(4) have a seal and alter it at its pleasure, although the failure to affix the seal does not affect the validity of an instrument executed on behalf of an authority;
(5) make and execute contracts and all other instruments and agreements necessary or convenient for the performance of its duties and the exercise of its powers and functions;
(6) buy, purchase, or otherwise acquire real and personal property and other assets and sell, convey, mortgage, pledge, lease, exchange, transfer, and otherwise dispose of all or any part of its real and personal property and other assets, upon such terms and conditions the board determines;
(7) employ agents, advisors, consultants, engineers, architects, attorneys, accountants, construction and financial experts, land planners, superintendents, managers, and other employees and agents as necessary in the board's judgment in connection with any aspect of the enterprise campus and to determine their duties and to fix their compensation;
(8) procure insurance against any loss in connection with its property, assets, or activities, including insurance against liability for its acts or the acts of its employees or agents;
(9) procure insurance, guarantees, letters of credit, and other forms of collateral or security or credit support from any public or private entities, including any department, agency, or instrumentality of the United States or the State of South Carolina, for the payment of any bonds issued by it, including the power to pay premiums or fees on any insurance, guarantees, letters of credit, and other forms of collateral or security or credit support;
(10) receive, accept, and expend from any source including any federal, state, or other public agency and any private agency, person, or other entity appropriated funds, donations, loans, grants, aid, or contributions of money, property, labor, or other things of value;
(11) invest or reinvest its funds as provided in Section 11-9-660;
(12) make contracts and guarantees, incur liabilities, issue its notes, bonds, and other obligations, and secure any of its obligations by mortgage or pledge of any of its property, or income in a manner determined to be in the best interest of an authority. A guarantee or indebtedness of an authority does not create an obligation of the State or commission, nor must the guarantee or indebtedness be considered a debt against the general revenue of the State or commission;
(13) fix and revise when necessary and charge and collect rates, fees, rents, and charges for the use of, and for the services furnished by it, for all or any portion of the enterprise campus;
(14) determine the character of an enterprise campus, and acquire, develop, construct, and provide for an enterprise campus, and maintain, repair, and operate, and enter into contracts for the management, lease, use, or operation of all or any portion of an enterprise campus;
(15) establish and enforce, and agree through any resolution or trust agreement authorizing or securing bonds, notes, other obligations, or indebtedness of an authority to make and enforce rules and regulations for the use of and services rendered by an authority for the enterprise campus;
(16) appoint and provide for advisory committees;
(17) establish nonprofit corporations in accordance with applicable corporate law and with the powers as provided by the applicable corporate law; and
(18) do all other things necessary or convenient to exercise the powers granted or reasonably implied by this article.
(B) The powers contained in this article include the power to enter into contracts and other agreements with public or private entities for the lease of authority property, the construction, occupancy, use, and ownership by the public or private entity of buildings or other facilities on authority property, and the conveyance of the public or private entity's property to an authority at the end of any applicable contract or agreement.
Section 59-53-1130. (A) An authority must comply with the provisions of Chapter 47 of Title 2, but only State Budget and Control Board approval is required for leases and lease purchase agreements, including ground lease agreements, the terms and conditions thereof, and the consideration involved, for the construction or use of facilities on an enterprise campus. Upon the expiration of the lease purchase agreements, including ground lease agreements, the private entity shall surrender to an authority the premises with the existing buildings, other structures, and improvements constructed and located on an enterprise campus, in the same condition as when the construction of the buildings, other structures, and improvements were completed, only natural and normal wear and tear excepted. The approval of the State Budget and Control Board required for leases and lease purchase agreements, including ground lease agreements, is in lieu of or a substitute for any other approval required by another provision of law or regulation. The full faith and credit of the State toward the lease obligations must not be pledged, and a statement to the contrary is void as a matter of public policy.
An authority shall adhere to fire, life, and safety codes as required by the Office of State Engineer. In the leasing of property and the granting of easements and rights-of-way by an authority, the authority is exempt from the provisions of Sections 1-11-55, 1-11-56, and 10-1-130.
(B) For all matters associated with the enterprise campus, an authority is exempt from the South Carolina Consolidated Procurement Code. However, an authority shall adopt a procurement policy requiring competitive solicitations that must be filed with and approved by the State Budget and Control Board. The policy must include provisions for audit and recertification.
(C) An authority is exempt from all regulations and general laws governing disposal of surplus government property.
Section 59-53-1140. (A) An authority may issue bonds in the same manner and for the same purposes, including the purposes of an authority, pursuant to the provisions of the Higher Education Revenue Bond Act, as provided in Chapter 147, Title 59.
(B) The issuance by an authority of bonds, notes, other obligations, or indebtedness is subject to approval by resolution of the State Budget and Control Board.
(C) Bonds, notes, other obligations, or indebtedness of an authority do not constitute a debt or a pledge of the faith and credit of the State of South Carolina, the commission, or any of the state's political subdivisions other than an authority, but are payable only from the revenue, money, or property of an authority as provided in this subarticle. The bonds, notes, other obligations, or indebtedness of an authority do not constitute an indebtedness of the State within the meaning of any state constitutional or statutory limitation. A member of the board or a person executing bonds, notes, other obligations, or indebtedness of an authority is not liable personally on the bonds, notes, other obligations, or indebtedness by reason of their issuance or execution. Each bond, note, other obligation, or indebtedness must contain on its face a statement to the effect that:
(1) the State, the commission, the state's political subdivisions, or an authority is not obligated to pay the principal of or interest on the bond or other costs incident to the bond except from the revenue, money, or property of an authority pledged;
(2) the full faith and credit, and the taxing power of the state and its political subdivisions, is not pledged to the payment of the principal of or interest on the bond, note, other obligation, or indebtedness; and
(3) an authority does not have taxing power.
Section 59-53-1150. An authority shall submit an annual report on the development and use of the enterprise campus to the State Board for Technical and Comprehensive Education, the Governor, the State Budget and Control Board, the chairman of the Ways and Means Committee of the House of Representatives, and the chairman of the Finance Committee of the Senate. The report must be submitted not later than six months after the end of each fiscal year.
Section 59-53-1160. In performing an essential governmental function in the exercise of the powers conferred upon it, an authority is not required to pay any taxes or assessments upon any property or upon any of its activities or operations or the income from them, or any taxes or assessments upon any property acquired or used by an authority or upon the income from them. Bonds, notes, other obligations, or indebtedness issued by an authority and the income from them are free from taxation and assessment of every kind by the State and by the local governments and other political subdivisions of the State.
Section 59-53-1170. (A) Prior to the State Board for Technical and Comprehensive Education granting approval of the creation of a technical college enterprise campus Authority, a commission must designate with specificity the area or areas that comprise the enterprise campus.
(B) A commission may provide for the management, development, and operation of part or all of the enterprise campus property by an authority.
(C) An area commission is authorized to enter into contracts with the Enterprise Campus Authority for the provision of executive and administrative services to an authority.
(D) In the fulfillment of the power contained in this section, the commission is authorized to sell, convey, lease, exchange, transfer, or give all or any part of its real and personal property and other assets constituting the enterprise campus to the Enterprise Campus Authority upon such terms and conditions as the commission determines. The commission may sell, convey, lease, exchange, transfer, or give all or any part of its real and personal property and other assets constituting the enterprise campus, other than the property defined pursuant to paragraph (A), only upon approval by the State Board for Technical and Comprehensive Education. The commission may buy, purchase, or otherwise acquire and accept real and personal property and other assets from the Enterprise Campus Authority only in accordance with all regulations and general laws applicable to state-supported technical institutions in the acquisition and acceptance of real and personal property and other assets."
SECTION 4. Nothing in the article shall be construed to alter, amend, or otherwise affect any existing technical or community college enterprise campus or Enterprise Campus Authority currently in existence.
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 read:
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 14 TO CHAPTER 53, TITLE 59 SO AS TO PROVIDE THE RESPONSIBILITY FOR THE ESTABLISHMENT OF TECHNICAL COLLEGE ENTERPRISE CAMPUS AUTHORITIES TO THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION.
Rep. SKELTON explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 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".
Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\DT\27058BB08), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Chapter 59, Title 104 of the 1976 Code is amended by adding:
"Section 59-104-28. (A) For the purposes of this section, a 'magnet school' is defined as a public school within a school district:
(1) whose enrollment is open to all students of that district;
(2) that emphasizes an academic theme; and
(3) that was established for desegregation purposes in response to the United States District Court Order.
(B) Beginning with the 2007-2008 school year, a student graduating from a magnet school as defined in subsection (A) may use, in addition to criteria set for Palmetto Fellows eligibility in Section 59-104-20(G), the class rank in the senior class from the high school he would have attended had there been no magnet school when applying for a Palmetto Fellows Scholarship. The submission of this application by the magnet school student may not cause the regular high school to exceed the six percent limitation from its senior class for these scholarships.
(C) The magnet high school must be responsible for obtaining official documentation from the regular high school that the magnet high school student is within the top six percent of the senior class. This documentation must be submitted with the student's Palmetto Fellows Scholarship application supporting documents. The official documentation shall include the name of the regular high school, the number in the senior class, and the student's exact rank in the senior class. Once the Commission on Higher Education has received all eligible applications, the commission shall ensure that the sending high schools do not exceed six percent of their classes with the inclusion of the magnet school applicants."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to read:
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-104-28 SO AS TO ESTABLISH ALTERNATIVE CRITERIA FOR STUDENTS GRADUATING IN 2008 AND THEREAFTER WHO ATTEND A MAGNET SCHOOL, AS DEFINED, FOR THE AWARDING OF PALMETTO FELLOWS SCHOLARSHIPS.
Rep. SKELTON explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 4328 (Word version) -- Reps. Harrison, Delleney, Haskins, G. M. Smith, Cotty, McLeod and Hart: 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. DELLENEY explained the Bill.
The question then recurred to the passage of the Bill on second reading.
Rep. DELLENEY demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Anderson Anthony Bales Ballentine Bannister Barfield Bedingfield Bingham Bowen Bowers Brady Branham Brantley G. Brown Cato Chalk Clemmons Clyburn Coleman Cooper Cotty Crawford Dantzler Davenport Delleney Duncan Edge Erickson Frye Gambrell Govan Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Hart Harvin Hayes Herbkersman Hiott Hodges Hosey Howard Huggins Jefferson Jennings Kelly Knight Leach Limehouse Littlejohn Loftis Lowe Lucas Mahaffey McLeod Merrill Miller Mitchell Moody-Lawrence Moss Mulvaney J. H. Neal Neilson Ott Owens Parks Perry Phillips Pinson M. A. Pitts Rice Sandifer Scarborough Scott Sellers Shoopman Simrill Skelton D. C. Smith F. N. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Spires Stavrinakis Stewart Talley Taylor Thompson Toole Umphlett Viers Walker Weeks Whipper White Whitmire Williams Witherspoon Young
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
I was temporarily out of the Chamber on constituent business during the vote on H. 4328. Had I been present, I would have voted in favor of the Bill.
Rep. Heyward G. Hutson
Due to a trial, I was not in the Chamber during the vote on H. 4328. Had I been present, I would have voted in favor of the Bill.
Rep. Laurie Slade Funderburk
The following Bill was taken up:
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.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\5422CM08):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 56-5-4630 of the 1976 Code is amended to read:
"Section 56-5-4630. (A) Whenever the load upon a vehicle extends to the rear four feet or more beyond the bed or body of the vehicle, there the vehicle must be equipped with, displayed at the extreme rear end of the load, at the times specified in Section 56-5-4450, a red light or lantern plainly visible from a distance of at least five hundred feet to the sides and rear. The red light or lantern required under this section is in addition to the red rear light required upon every vehicle. At any other time there must be displayed at the extreme rear end of the load a red flag or cloth not less than twelve inches by twelve inches and hung making the entire area visible to the driver of a vehicle approaching from the rear. the following safety equipment:
(1) for any vehicle or trailer transporting unprocessed forest products, one amber strobe-type lamp equipped with a multi-directional-type lens securely affixed as close as practical to the end of the projecting load, so as to be visible from the rear and side of the projecting load. If one strobe lamp fails to make the projecting load visible from both sides and the rear of the projecting load, multiple strobe lamps must be utilized to meet the visibility requirements. The strobe lamp shall flash at a rate of at least sixty flashes per minute and must be plainly visible from a distance of at least five hundred feet to the sides and rear of the projecting load. The lamp must be operating any time the vehicle is operated on a highway or parked on the shoulder or immediately adjacent to the traveled portion of a public roadway. A red light or lantern plainly visible from a distance of at least five hundred feet to the side or rear must be displayed at the extreme rear of the load if the strobe light required by this section becomes temporarily inoperable while transporting a load between points.
(2) For all other vehicles, the projecting load must be marked at the extreme rear of the load with a red flag or cloth not less than twelve inches by twelve inches and hung so that the entire area is visible to the driver of a vehicle approaching from the rear.
(B) Utility companies when responding to an emergency situation such as caused by storms or accidents are exempt from the provisions of this section."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. WALKER explained the amendment.
Rep. RICE moved to adjourn debate on the Bill until Wednesday, February 6, which was agreed to.
Rep. WALKER moved to adjourn debate upon the following Bill until Wednesday, February 6, which was adopted:
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.
The following Bill was taken up:
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.
Rep. CRAWFORD 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.
Rep. GULLICK asked unanimous consent to recall H. 4368 (Word version) from the Committee on Judiciary.
Rep. BANNISTER objected.
On motion of Rep. HARRISON, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Judiciary:
H. 4630 (Word version) -- Rep. Scott: A JOINT RESOLUTION TO CREATE A NEW GANG PREVENTION STUDY COMMITTEE TO CONTINUE THE WORK OF THE INITIAL GANG PREVENTION STUDY COMMITTEE TO ASSESS AND COMBAT THE STATE'S ONGOING GANG PROBLEM BY BRINGING TOGETHER STATE AGENCIES TO COORDINATE GANG REDUCTION PLANS AND MAKE FURTHER RECOMMENDATIONS ADDRESSING GANG-RELATED ACTIVITY IN THE STATE.
The following Concurrent Resolution was taken up:
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".
Whereas, Dr. Ben S. Bernanke grew up in Dillon county, acquiring knowledge and developing integrity and personal skills in rural South Carolina; and
Whereas, this solid foundation is the building block upon which Dr. Bernanke has established an impressive career as an economist, leading him to become highly respected in his field; and
Whereas, on February 1, 2006, he was sworn in as Chairman of the Board of Governors of the United States Federal Reserve System, appointed by President George W. Bush to succeed Alan Greenspan; and
Whereas, he also serves as Chairman of the Federal Open Market Committee, the system's principal monetary policymaking body; and
Whereas, he was previously Chairman of the United States President's Council of Economic Advisers from 2005 to 2006, and a member of the Board of Governors of the Federal Reserve since 2002; and
Whereas, Dr. Bernanke has also served the Federal Reserve System as a visiting scholar at the Federal Reserve Banks of Philadelphia (1987-1990), Boston (1989-1990), and New York (1990-1991, 1994-1996); and a member of the Academic Advisory Panel at the Federal Reserve Bank of New York (1990-2002); and
Whereas, from 1994 to 1996, he was the class of 1926 Professor of Economics and Public Affairs at Princeton University. He was the Howard Harrison and Gabrielle Snyder Beck Professor of Economics and Public Affairs and Chair of the Economics Department at the university from 1996 to 2002. He has been a Professor of Economics and Public Affairs at Princeton since 1985; and
Whereas, before arriving at Princeton, Dr. Bernanke taught at Stanford University, New York University, and the Massachusetts Institute of Technology; and
Whereas, he received his Bachelor of Arts degree in economics from Harvard University (summa cum laude) and a Ph.D. in economics from the Massachusetts Institute of Technology, and is married and has two children; and
Whereas, Dillon County and South Carolina are proud to have Dr. Bernanke as a native son, and would like all who travel Interstate Highway 95 to know that he is from our State. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly 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 this exit that contain the words "Ben Bernanke Interchange".
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.
The Concurrent Resolution was adopted and sent to the Senate.
The motion period was dispensed with on motion of Rep. WITHERSPOON.
Rep. WITHERSPOON moved to adjourn debate upon the following Bill until Wednesday, February 6, which was adopted:
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.
Rep. HUTSON moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 4608 (Word version) -- Reps. Bales, Ballentine, Brady, Cotty, Harrison, Hart, Howard, J. H. Neal, Rutherford, Scott, J. E. Smith, Agnew, Alexander, Allen, Anderson, Anthony, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, 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. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Sandifer, Scarborough, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO DESIGNATE FEBRUARY 6, 2008, AS INTERNATIONAL PAPER DAY TO HONOR INTERNATIONAL PAPER AND ITS TWO THOUSAND TWO HUNDRED EMPLOYEES AND ELEVEN FACILITIES IN THE STATE OF SOUTH CAROLINA FOR THEIR PROTECTION OF FORESTLANDS THROUGH CONSERVATION LAND DONATIONS, SALES, AND EASEMENTS, AND FOR THEIR EXCEPTIONAL COMMITMENT TO IMPROVING THE ENVIRONMENT FOR ALL SOUTH CAROLINA.
At 1:02 p.m. the House, in accordance with the motion of Rep. HIOTT, adjourned in memory of Daniel Boone Owens of Pickens, to meet at 10:00 a.m. tomorrow.
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