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 50:9a: "It is the Lord God who helps me."
Let us pray. Awaken us, O Lord, to the instructions You give and help us in times of need. Teach us anew each day to have faith in You and rely on You for all blessings. Help us to believe in Your promise that we belong to You. Be our guide this day as these Representatives continue their work. 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 us as we pray. 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. WITHERSPOON moved that when the House adjourns, it adjourn in memory of Mrs. Mildred Wingard Twilley of Langley, which was agreed to.

The following was received:

Columbia, S.C., March 20, 2008
Mr. Speaker and Members of the House of Representatives:

I am transmitting herewith an interim appointment for confirmation. This appointment is made with advice and consent of the General Assembly and is, therefore, submitted for your consideration.

Statewide Appointment

State Ethics Commission
Term Commencing: May 31, 2005
Term Expiring: May 31, 2010
Seat: 4th Congressional District
Vice: Mr. Johnnie M. Walters

Initial Appointment

Mr. J. B. Holeman
105 Haddon Lane
Greer, South Carolina 29651

Respectfully,
Mark Sanford
Governor

The appointment was confirmed and a message was ordered sent to the Senate accordingly.

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

March 25, 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 Electric, Telephone and Gas Utilities the Members and attaches of the House of Representatives are invited to a "Spring Fling". This event will be held on Wednesday, May 21, 2008, at 6:00 p.m. at The Coop, 1100 Key Road.
Sincerely,
Gene Upchurch
Vice President & State Public Affairs & Economic Development Department, Progress Energy

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:

S. 9 (Word version) -- Senators Hayes, Campsen, Sheheen, McConnell, Mescher, McGill, Knotts, Fair and Elliott: A BILL TO AMEND SECTION 20-7-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LEGAL REPRESENTATION OF CHILDREN, INCLUDING THE APPOINTMENT OF GUARDIANS AD LITEM, SO AS TO PROVIDE THAT THE COURT MAY APPOINT AN ATTORNEY FOR A LAY GUARDIAN AD LITEM BUT MAY NOT IF THE GUARDIAN AD LITEM IS AN ATTORNEY.
Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:

H. 4018 (Word version) -- Reps. E. H. Pitts, Toole and Ott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-515 SO AS TO PERMIT AMERICAN INDIAN ARTISTS WHO ARE MEMBERS OF A TRIBE RECOGNIZED BY THE SOUTH CAROLINA COMMISSION FOR MINORITY AFFAIRS TO ADVERTISE AND SELL THEIR ARTS AND CRAFTS CONTAINING WILD TURKEY FEATHERS UNDER CERTAIN CONDITIONS.
Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:

S. 144 (Word version) -- Senators Malloy, McConnell, Ford, Rankin, Knotts, Cleary, Vaughn, Campsen, Richardson, McGill, Elliott, Fair and Williams: A JOINT RESOLUTION TO CREATE A SENTENCING GUIDELINES COMMISSION TO REVIEW, STUDY, AND RECOMMEND LEGISLATION FOR SENTENCING GUIDELINES, THE PAROLE SYSTEM, AND ALTERNATIVE SENTENCING PROCEDURES FOR NON-VIOLENT OFFENDERS, AND TO PROVIDE FOR THE POWERS AND DUTIES OF THE COMMISSION.
Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:

H. 4529 (Word version) -- Rep. Weeks: A BILL TO AMEND SECTION 37-25-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR ILLEGALLY DISPENSING CONTACT LENSES, SO AS TO PROVIDE RELIEF IN THE ADMINISTRATIVE LAW COURT FOR A CONTESTED CASE.
Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:

S. 741 (Word version) -- Senator Courson: A BILL TO AMEND CHAPTER 18, TITLE 27 OF THE 1976 CODE, RELATING TO THE UNIFORM UNCLAIMED PROPERTY ACT, TO REDUCE THE DORMANCY PERIOD FOR SECURITIES FROM SEVEN YEARS TO THREE YEARS, TO UPDATE A REFERENCE, AND TO ELIMINATE THE REQUIREMENT OF A CIVIL PENALTY FOR A PERSON WHO FAILS TO RENDER A REPORT, PERFORM A DUTY, OR DELIVER PROPERTY AS REQUIRED PURSUANT TO THIS CHAPTER.
Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:

S. 936 (Word version) -- Senators McConnell, Hayes, Martin, Thomas, O'Dell, Ford and Knotts: A BILL TO AMEND CHAPTER 3 OF TITLE 36, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM COMMERCIAL CODE--NEGOTIABLE INSTRUMENTS, AND CHAPTER 4 OF TITLE 36, RELATING TO THE UNIFORM COMMERCIAL CODE--BANK DEPOSITS AND COLLECTIONS, SO AS TO, INTER ALIA, ACCOMMODATE THE LAW TO TECHNOLOGICAL ADVANCES IN THE PROCESSES OF COLLECTION AND PAYMENT OF CHECKS BY PROVIDING FOR ELECTRONIC PRESENTMENT OF INSTRUMENTS, RETENTION WARRANTIES, AND ENCODING WARRANTIES, AND BY DEFINING A BANK'S DUTY OF ORDINARY CARE IN COLLECTION AND PAYMENT OF CHECKS TO FOLLOW THE COMMERCIALLY REASONABLE AND ACCEPTED PRACTICE THAT PROCESSING CHECKS BY AUTOMATED MEANS DOES NOT NORMALLY RESULT IN A BREACH OF THE BANK'S DUTY TO EXERCISE ORDINARY CARE BY FAILING TO EXAMINE A CHECK; TO REFORM THE RULES ALLOCATING LOSSES RESULTING FROM CHECK FRAUD BY APPLYING THE DOCTRINE OF COMPARATIVE FAULT IN DETERMINING A BANK'S LIABILITY FOR LOSSES RESULTING FROM THE BANK'S IMPROPER PAYMENT OF A CHECK BEARING AN UNAUTHORIZED SIGNATURE OR ALTERATION, AND THE RULES APPLICABLE IN IMPOSTER AND FICTITIOUS PAYEE CASES, EMPLOYERS' RESPONSIBILITY FOR FRAUDULENT ENDORSEMENTS BY EMPLOYEES, AND ISSUES THAT ARISE IN CONVERSION CLAIMS; PROTECT CONSUMERS BY PRESERVING THE RIGHTS OF A CONSUMER ISSUING A NOTE TO ASSERT AGAINST A TRANSFEREE OF THE INSTRUMENT CLAIMS AND DEFENSES THAT THE CONSUMER HAS AGAINST THE ORIGINAL PAYEE, REGULATE REMOTELY CREATED CONSUMER ITEMS AND PROVIDE THAT A PERSON WHO TRANSFERS OR PRESENTS THE ITEM WARRANTS THAT THE CONSUMER ON WHOSE ACCOUNT THE ITEM IS DRAWN AUTHORIZED THE ISSUANCE AND AMOUNT OF THE ITEM, AND PROTECT THE MAKER OF A NOTE THAT HAS BEEN ASSIGNED WHO PAYS THE ASSIGNOR, UNLESS THE MAKER HAS RECEIVED ADEQUATE NOTIFICATION OF THE ASSIGNMENT; PROVIDE THAT VARIABLE INTEREST RATE NOTES QUALIFY AS INSTRUMENTS THAT CAN BE NEGOTIATED TO HOLDERS IN DUE COURSE; AND ADDRESS CASHIER'S CHECKS, TELLER'S CHECKS, AND CERTIFIED CHECKS INCLUDING DELINEATION OF THE RIGHTS OF THE OWNER OF A CHECK THAT HAS BEEN LOST, DESTROYED, OR STOLEN AND THE LIABILITY OF A BANK THAT WRONGFULLY REFUSES TO PAY THE CHECK.
Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:

H. 4229 (Word version) -- Rep. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-25-130 SO AS TO REQUIRE THE PREPARATION OF JURY LISTS FROM THE TAPE OF PERSONS HOLDING A VALID STATE DRIVER'S LICENSE OR IDENTIFICATION CARD TO BE FURNISHED BY THE STATE ELECTION COMMISSION TO MUNICIPAL JURY COMMISSIONERS FOR USE IN SELECTING MUNICIPAL JURIES; AND TO AMEND SECTIONS 14-25-125 AND 14-25-155, BOTH RELATING TO THE COMPOSITION OF MUNICIPAL COURT JURY LISTS, BOTH SO AS TO PROVIDE THAT THE JURY LIST TO BE USED BY THE MUNICIPALITY IS THE LIST PREPARED BY THE JURY COMMISSIONERS FROM THE LATEST OFFICIAL LIST PROVIDED BY THE STATE ELECTION COMMISSION.
Ordered for consideration tomorrow.

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

H. 4884 (Word version) -- Rep. Rutherford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-10-290 SO AS TO PROVIDE THAT THE DRIVER'S LICENSE OF A PERSON WHO OPERATES AN UNINSURED MOTOR VEHICLE MAY BE SUSPENDED FOR A PERIOD OF NOT MORE THAN ONE YEAR.
Referred to Committee on Judiciary

H. 4885 (Word version) -- Rep. Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 TO CHAPTER 1, TITLE 40 SO AS TO ENACT THE "VOLUNTEER HEALTH CARE SERVICES ACT" PROVIDING FOR A SPONSORING ORGANIZATION TO ARRANGE FOR THE VOLUNTARY PROVISION OF FREE HEALTH CARE SERVICES BY LICENSED HEALTH CARE PROVIDERS, PROVIDING THAT A SPONSORING ORGANIZATION MUST REGISTER WITH THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO MAINTAIN AND PROVIDE UPON REQUEST, INFORMATION ON HEALTH CARE PROVIDERS THAT THE ORGANIZATION SPONSORS, PROVIDING THAT PROFESSIONAL LIABILITY INSURANCE COVERING A HEALTH CARE PROFESSIONAL MUST NOT EXCLUDE COVERAGE TO A HEALTH CARE PROFESSIONAL WHO PROVIDES FREE SERVICES UNDER THIS ARTICLE, PROVIDING CIVIL IMMUNITY TO HEALTH CARE PROFESSIONALS PROVIDING CARE UNDER THIS ARTICLE, PROVIDING THAT A HEALTH CARE PROFESSIONAL PROVIDING SERVICES UNDER THIS ARTICLE MAY NOT RECEIVE ANY COMPENSATION OR BENEFITS FOR PROVIDING THESE SERVICES, PROVIDING EXCEPTIONS TO THIS ARTICLE, AND THE EFFECT OF THIS ARTICLE ON OTHER VOLUNTEER HEALTH CARE LICENSING PROVISIONS.
Referred to Committee on Medical, Military, Public and Municipal Affairs

H. 4886 (Word version) -- Reps. Brady, Gullick, Agnew, Bannister, Bowen, Clyburn, Erickson, Funderburk, Gambrell, Harrison, Hosey, Jefferson, Neilson, Sandifer, Spires, Taylor and Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 27 TO TITLE 37 SO AS TO ENACT THE "CHILD SAFE PRODUCT ACT" TO PROHIBIT THE SALE OF CHILDREN'S PRODUCTS OR COMPONENTS THAT CONTAIN SPECIFIED AMOUNTS OF CADMIUM, PHTHALATES, OR LEAD, TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND HUMAN SERVICES SHALL IDENTIFY CHEMICALS THAT ARE OF HIGH CONCERN TO THE HEALTH OF CHILDREN AND DEVELOPING FETUSES, TO PROVIDE THAT MANUFACTURERS OF CHILDREN'S PRODUCTS THAT CONTAIN SUCH CHEMICALS MUST PROVIDE NOTICE TO THE DEPARTMENT AND TO RETAILERS WHO SELL THESE PRODUCTS, TO PROVIDE THAT THE DEPARTMENT SHALL ESTABLISH AND MAINTAIN A PRODUCT SAFETY EDUCATION CAMPAIGN, TO PROVIDE FOR PENALTIES FOR VIOLATION OF THIS CHAPTER, AND TO DEFINE CERTAIN TERMS.
Referred to Committee on Labor, Commerce and Industry

H. 4887 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 12-54-52 AND 12-54-53 SO AS TO PROVIDE THAT, FOR PURPOSES OF TAXES ADMINISTERED BY THE DEPARTMENT OF REVENUE, INTERNAL REVENUE CODE SECTIONS 6694 AND 6695, RESPECTIVELY, ARE ADOPTED; AND TO AMEND SECTION 12-6-50, AS AMENDED, RELATING TO IRC SECTIONS ADOPTED BY THIS STATE, SO AS TO CONFORM TO THOSE ADDITIONS; TO AMEND SECTION 4-9-195, AS AMENDED, RELATING TO SPECIAL PROPERTY TAX ASSESSMENTS GRANTED TO CERTAIN PROPERTY, SO AS TO FURTHER PROVIDE FOR CERTIFICATION OF LOW AND MODERATE INCOME RENTAL PROPERTY THAT DOES OR DOES NOT QUALIFY FOR A HISTORICAL DESIGNATION; TO AMEND SECTION 11-35-5230, AS AMENDED, RELATING TO REGULATIONS FOR NEGOTIATIONS WITH STATE MINORITY FIRMS, SO AS TO CHANGE STATUTORY REFERENCES FROM "MINORITY FIRMS" TO "SOCIALLY AND ECONOMICALLY DISADVANTAGED SMALL BUSINESSES", AND TO CHANGE THE DELINEATION OF THE TEN-YEAR PERIOD FOR WHICH THE SUBJECT TAX CREDIT MAY BE CLAIMED; TO AMEND SECTION 11-45-55, AS AMENDED, RELATING TO TAX CREDIT CERTIFICATES IN CONNECTION WITH THE VENTURE CAPITAL INVESTMENT ACT, SO AS TO PROVIDE FOR THE EXCHANGE OF INFORMATION AMONG CERTAIN DEPARTMENTS AND THEIR EMPLOYEES AND AGENTS; TO AMEND SECTION 12-2-20, AS AMENDED, RELATING TO THE DEFINITIONS OF "PERSON" AND "INDIVIDUAL" FOR PURPOSES OF TAXES ADMINISTERED BY THE DEPARTMENT OF REVENUE, SO AS TO CLARIFY THE MEANING OF "PERSON"; TO AMEND SECTION 12-6-590, AS AMENDED, RELATING TO TREATMENT OF "S" CORPORATIONS FOR TAX PURPOSES, SO AS TO INCLUDE ADDITIONAL REFERENCES TO THE INTERNAL REVENUE CODE FOR SIMILAR STATE TREATMENT; TO AMEND SECTION 12-6-2250, AS AMENDED, RELATING TO THE APPORTIONMENT OF INCOME DERIVED BY A TAXPAYER TO THE TAXPAYER'S CONDUCT OF BUSINESS IN THIS STATE, SO AS TO CHANGE THE WORD "ALLOCATED" TO "APPORTIONED"; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE JOB TAX CREDIT AGAINST THE STATE INCOME TAX, SO AS TO DELETE A REFERENCE TO GENERAL CONTRACTORS IN CONNECTION WITH THE TERM "CORPORATE OFFICE"; TO AMEND SECTION 12-6-3376, RELATING TO A CREDIT AGAINST THE STATE INCOME TAX FOR THE PURCHASE OR LEASE OF A PLUG-IN HYBRID VEHICLE, SO AS TO REQUIRE THAT THE CREDIT BE THE FIRST CLAIMED FOR THAT VEHICLE, TO PROVIDE FOR REGULATIONS PROMULGATED BY THE STATE ENERGY OFFICE, TO FURTHER PROVIDE FOR CLAIMING THE CAPPED CREDIT, AND TO PROVIDE FOR THE EFFECT OF A REPEAL OF THE CAPS ON THE CREDIT; TO AMEND SECTION 12-6-3377, RELATING TO THE ALTERNATIVE MOTOR VEHICLE FUEL CREDIT AGAINST THE STATE INCOME TAX, SO AS TO FURTHER PROVIDE FOR THE CALCULATION OF THE CREDIT FOR BUSINESS USE AND TO DELETE A PROVISION DEEMING THE FEDERAL TAX TREATMENT OF THE ALTERNATIVE FUEL CREDIT TO BE PERMANENT; TO AMEND SECTION 12-6-3535, AS AMENDED, RELATING TO A CREDIT AGAINST THE STATE INCOME TAX FOR REHABILITATION OF A HISTORIC STRUCTURE, SO AS TO INCLUDE A CREDIT AGAINST THE CORPORATE LICENSE FEES; TO AMEND SECTION 12-6-3585, AS AMENDED, RELATING TO THE INDUSTRY PARTNERSHIP FUND CREDIT AGAINST STATE TAXES, SO AS TO ALLOW THE CREDIT TO BE USED AGAINST THE TAXPAYER'S APPLICABLE STATE INCOME TAX, BANK TAX, INSURANCE PREMIUM TAX, OR LICENSE FEE LIABILITY; TO AMEND SECTION 12-6-3587, AS AMENDED, RELATING TO THE CREDIT AGAINST STATE INCOME TAX FOR THE PURCHASE AND INSTALLATION OF A SOLAR ENERGY SYSTEM, SO AS TO PROVIDE THAT THE CREDIT IS AVAILABLE FOR A BUILDING, OR BUILDINGS ON A SINGLE SITE, THAT THE CREDIT BE CLAIMED IN THE TAX YEAR THE INSTALLATION IS COMPLETED, AND THAT THE STATE ENERGY OFFICE PRESCRIBE CERTIFICATION REQUIREMENTS; TO AMEND SECTION 12-6-3630, RELATING TO A CREDIT AGAINST CERTAIN STATE TAXES FOR A CONTRIBUTION TO THE SOUTH CAROLINA HYDROGEN INFRASTRUCTURE DEVELOPMENT FUND, SO AS TO FURTHER PROVIDE FOR CLAIMING THE CREDIT; TO AMEND SECTION 12-6-5060, AS AMENDED, RELATING TO THE DESIGNATION OF CHARITABLE CONTRIBUTIONS ON THE STATE INCOME TAX RETURN, SO AS TO CHANGE AN ORGANIZATION'S NAME FROM "THE GIFT OF LIFE TRUST FUND OF SOUTH CAROLINA" TO "DONATE LIFE SOUTH CAROLINA"; TO AMEND SECTION 12-8-1530, RELATING TO WITHHOLDING AND REPORTING TAXES ON INCOME, SO AS TO AUTHORIZE THE DEPARTMENT OF REVENUE TO ALLOW A TAXPAYER TO WITHHOLD AND REPORT TAXES ANNUALLY ON INCOME FROM CERTAIN ACTIVITIES; TO AMEND SECTION 12-10-80, AS AMENDED, RELATING TO THE JOB DEVELOPMENT CREDIT IN CONNECTION WITH THE ENTERPRISE ZONE ACT OF 1995, SO AS TO PROVIDE FOR THE TREATMENT OF A RETURN OF AN OVERPAYMENT OF WITHHOLDING RESULTING FROM CLAIMING THE CREDITS; TO AMEND SECTION 12-20-100, RELATING TO LICENSE TAX ON UTILITIES BASED ON PROPERTY VALUE AND GROSS RECEIPTS, SO AS TO DELETE A REFERENCE TO THE DEPARTMENT OF REVENUE; TO AMEND SECTION 12-20-105, AS AMENDED, RELATING TO CREDITS AGAINST ITS LICENSE TAX LIABILITY FOR A COMPANY WHO PAYS CASH FOR INFRASTRUCTURE FOR AN ELIGIBLE PRODUCT, SO AS TO PROVIDE FOR THE CONTINUATION OF ELIGIBILITY FOR THE CREDIT UNDER CERTAIN CIRCUMSTANCES FOR A COMPANY THAT CONTRIBUTES THE CASH TO A COUNTY OR POLITICAL SUBDIVISION FOR AN ELIGIBLE PRODUCT EVEN IF THE PROJECT IS DISPOSED OF OR REMAINS UNCOMPLETED; TO AMEND SECTION 12-36-910, AS AMENDED, RELATING TO THE STATE SALES TAX, SO AS TO DELETE A REDUNDANCY; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STATE'S SALES TAX, SO AS TO SPECIFY NOTIFICATION REQUIREMENTS FOR CLAIMING THE EXEMPTION ON THE CONSTRUCTION MATERIALS USED IN CERTAIN SINGLE MANUFACTURING AND DISTRIBUTION FACILITIES AND TO PROVIDE FOR ASSESSMENT OF ANY TAX DUE, TO SPECIFY THAT THE EXEMPTION IN CONNECTION WITH THE SALE OF CURRENCY APPLIES TO CURRENCY THAT IS LEGAL TENDER, AND TO CLARIFY THE EXEMPTION AS TO DURABLE MEDICAL EQUIPMENT AND RELATED SUPPLIES; TO AMEND SECTION 12-37-90, RELATING TO RESPONSIBILITIES AND DUTIES OF ASSESSORS, SO AS TO DISALLOW THE ALTERATION OF AN ASSESSMENT BY THE DEPARTMENT OF REVENUE; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTIES EXEMPTED FROM THE ASSESSMENT OF PROPERTY TAXES, SO AS TO CORRECT A CROSS-REFERENCE AND TO MAKE A DEFINITIONAL CHANGE FOR "FULL-TIME" JOB; TO AMEND SECTION 12-44-30, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE FEE IN LIEU OF TAX SIMPLIFICATION ACT, SO AS TO MODIFY A CROSS-REFERENCE IN THE DEFINITION OF "SPONSOR"; TO AMEND SECTION 12-54-85, AS AMENDED, RELATING TO TIME LIMITATION FOR ASSESSMENT OF TAXES OR FEES BY THE DEPARTMENT OF REVENUE, SO AS TO PROVIDE FOR THE INSTANCE OF A TAXPAYER LACKING A VALID BUSINESS PURPOSE; TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO DISCLOSURE OF RECORDS AND REPORTS BY AGENTS OF THE DEPARTMENT OF REVENUE, SO AS TO PROVIDE THAT THE DISCLOSURE BE WILFUL FOR CRIMINAL PENALTIES AND TERMINATION TO ATTACH AND SO AS TO CITE THE AGENTS AND EMPLOYEES OF SEVERAL AGENCIES; TO AMEND SECTION 12-54-250, AS AMENDED, RELATING TO PAYMENT TO THE DEPARTMENT OF REVENUE IN READILY AVAILABLE FUNDS, SO AS TO REQUIRE THE PAYMENT OF A PERSON OWING FIFTEEN THOUSAND DOLLARS OR MORE OR A WITHHOLDING AGENT MAKING AT LEAST TWENTY-FOUR PAYMENTS A YEAR, TO PROVIDE FOR EXEMPTIONS BY THE DEPARTMENT, AND TO REQUIRE ELECTRONIC FILING OF THE ACCOMPANYING RETURNS; TO AMEND SECTION 12-60-20, AS AMENDED, RELATING TO THE GENERAL ASSEMBLY'S INTENT IN CONNECTION WITH A DISPUTE INTERPRETED AND CONSTRUED PURSUANT TO THE SOUTH CAROLINA REVENUE PROCEDURES ACT, SO AS TO CLARIFY CERTAIN LANGUAGE; TO AMEND SECTION 12-60-510, AS AMENDED, RELATING TO EXHAUSTION OF REMEDIES BEFORE REQUESTING A HEARING BEFORE THE ADMINISTRATIVE LAW COURT IN CONNECTION WITH THE REVENUE PROCEDURES ACT, SO AS TO DISALLOW THE REMOVAL OF AN ASSESSMENT AGAINST A DEFAULTING TAXPAYER BY THE COURT; TO AMEND SECTION 12-63-20, RELATING TO THE ENERGY FREEDOM AND RURAL DEVELOPMENT ACT, SO AS TO DEFINE "BIODIESEL" FOR THAT PURPOSE AND TO REFERENCE THE DATE OF PURCHASE OF THE VEHICLE OR THE CONVERSION EQUIPMENT FOR PURPOSES OF CLAIMING A REBATE AGAINST THE SALES TAX; TO AMEND SECTION 44-43-1360, AS AMENDED, RELATING TO THE CHANGE FROM "GIFT OF LIFE TRUST FUND" TO "DONATE LIFE SOUTH CAROLINA", SO AS TO CORRECT A CROSS-REFERENCE; TO AMEND SECTION 46-3-260, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA RENEWABLE ENERGY INFRASTRUCTURE DEVELOPMENT FUND, SO AS TO PROVIDE FOR ADMINISTRATION OF THE FUND BY THE DEPARTMENT OF AGRICULTURE IN COORDINATION WITH THE STATE ENERGY OFFICE; TO ADD CHAPTER 64 TO TITLE 12 SO AS TO ENACT THE "SOUTH CAROLINA TEXTILES COMMUNITIES REVITALIZATION ACT", PROVIDING FOR DEFINITIONS OF "TEXTILE MILL", "TEXTILE MILL SITE", AND "NOTICE OF INTENT TO REHABILITATE", AND AN ENHANCED DEFINITION OF "REHABILITATION EXPENSES"; FOR TAX CREDITS AGAINST LOCAL PROPERTY TAXES OR STATE INCOME TAX AND CORPORATE LICENSE TAX, IN ADDITION TO THE TAX CREDIT FOR EXPENSES INCURRED IN THE REHABILITATION OF A HISTORIC STRUCTURE; FOR THE AMOUNT OF THE CREDITS AND PROCESSES FOR CLAIMING THEM INCLUDING REQUIREMENT OF FILING A NOTICE OF INTENT TO REHABILITATE; TO REPEAL CHAPTER 32 OF TITLE 6 RELATING TO THE SOUTH CAROLINA TEXTILES COMMUNITIES REVITALIZATION ACT; TO ADD CHAPTER 66 TO TITLE 12 SO AS TO ENACT THE "SOUTH CAROLINA RETAIL FACILITY REVITALIZATION ACT", PROVIDING FOR DEFINITIONS OF "RETAIL FACILITY", "RETAIL FACILITY SITE", AND "NOTICE OF INTENT TO REHABILITATE", AND AN ENHANCED DEFINITION OF "REHABILITATION EXPENSES"; FOR TAX CREDITS AGAINST LOCAL PROPERTY TAXES OR STATE INCOME TAX AND CORPORATE LICENSE TAX, IN ADDITION TO THE TAX CREDIT FOR EXPENSES INCURRED IN THE REHABILITATION OF A HISTORIC STRUCTURE; FOR THE AMOUNT OF THE CREDITS AND PROCESSES FOR CLAIMING THEM INCLUDING REQUIREMENT OF FILING A NOTICE OF INTENT TO REHABILITATE; TO REPEAL CHAPTER 34 OF TITLE 6 RELATING TO THE SOUTH CAROLINA RETAIL FACILITY REVITALIZATION ACT; TO ADD CHAPTER 68 TO TITLE 12 SO AS TO ENACT THE "SOUTH CAROLINA MOTION PICTURE INCENTIVE ACT OF 2008", REVISING AND UPDATING TAX INCENTIVES FOR MOTION PICTURE PRODUCTIONS IN THIS STATE BY ADDING AND MODERNIZING DEFINITIONS, MAKING TECHNICAL CORRECTIONS, ELIMINATING THE REBATE OF STATE AND LOCAL SALES TAXES PROVIDED UNDER FORMER LAW, PROVIDING FOR THE CARRY FORWARD OF REBATE FUNDS TO AVOID MULTIPLE APPLICATIONS, CLARIFYING THE WAGE INCENTIVE AND RESIDENT HIRING BONUS, ESTABLISHING A FIVE-YEAR APPRENTICESHIP PROGRAM, INCREASING THE NUMBER OF DAYS STATE PROPERTY MAY BE USED WITHOUT FEE FROM SEVEN TO TEN DAYS, AND PROVIDING ADDITIONAL REQUIREMENTS FOR FILM CREDITS FOR THIS STATE; TO REPEAL CHAPTER 62 OF TITLE 12 RELATING TO THE SOUTH CAROLINA MOTION PICTURE INCENTIVE ACT; TO EXEMPT FROM THE ADMISSIONS LICENSE TAX FOR THE FIVE YEARS BEGINNING JULY 1, 2008, ALL PAID ADMISSIONS TO A MOTORSPORTS ENTERTAINMENT COMPLEX AND TO DEFINE MOTORSPORTS ENTERTAINMENT COMPLEX; TO AMEND SECTIONS 4-12-30 AND 4-29-67, BOTH AS AMENDED, RELATING TO FEES IN LIEU OF PROPERTY TAXES, SO AS TO PROVIDE FOR THE TREATMENT OF REPLACEMENT PROPERTY, TO REVISE FEE FILING REQUIREMENTS AND PROVIDE A CIVIL PENALTY FOR VIOLATIONS, TO PROVIDE FURTHER FOR PROPERTY ELIGIBLE FOR THE FEE; TO AMEND SECTION 12-6-3410, AS AMENDED, RELATING TO THE CORPORATE HEADQUARTERS INCOME TAX CREDIT, SO AS TO REVISE DEFINITIONS RELATING TO ENTITIES ELIGIBLE FOR THE CREDIT; TO AMEND SECTIONS 12-44-30, 12-44-50, 12-44-60, 12-44-90, AND 12-44-110, ALL AS AMENDED, RELATING TO DEFINITIONS, FEE AGREEMENTS, REPLACEMENT PROPERTY, FILING OF RETURNS AND PAYMENTS, AND PROPERTY INELIGIBLE FOR FEES IN LIEU OF TAX AND EXCEPTIONS THERETO, FOR PURPOSES OF THE FEE IN LIEU OF TAX SIMPLIFICATION ACT OF 1997, SO AS TO PROVIDE THAT THE BENEFITS OF TAX EXEMPTIONS AND THE FEE AGREEMENT ENDS AFTER THE TERMINATION DATE, TO PROVIDE FOR THE TREATMENT OF REPLACEMENT PROPERTY, TO REVISE FEE FILING REQUIREMENTS AND PROVIDE A CIVIL PENALTY FOR VIOLATIONS, AND TO PROVIDE FURTHER FOR PROPERTY ELIGIBLE FOR THE FEE; TO AMEND SECTION 12-6-3600, AS AMENDED, RELATING TO A TAX CREDIT FOR ETHANOL AND BIODIESEL PRODUCTION FACILITIES, SECTION 12-6-3610, AS AMENDED, RELATING TO A TAX CREDIT FOR THE USE OF PROPERTY IN CONNECTION WITH DISTRIBUTION OR DISPENSING OF RENEWABLE FUEL, SECTION 12-6-3620, AS AMENDED, RELATING TO A TAX CREDIT FOR THE PURCHASE AND INSTALLATION OF EQUIPMENT TO PRODUCE ENERGY FROM BIOMASS RESOURCES, AND SECTION 12-6-3631, RELATING TO A TAX CREDIT FOR BIODIESEL RESEARCH AND DEVELOPMENT EXPENDITURES, ALL SO AS TO PROVIDE FOR THE QUALIFICATION FOR THE CREDITS, THE PROCESSES FOR CLAIMING THE CREDITS FOR THE PREVIOUS CALENDAR YEAR, CLARIFICATION AND DEFINITION OF ADDITIONAL TERMS, AND EFFECTS OF REPEALS OF THE CREDIT CAPS, AND TO DELETE THE CAP ON THE CREDIT IN CONNECTION WITH DISTRIBUTION AND DISPENSING OF RENEWABLE FUEL; TO AMEND SECTION 12-14-80, AS AMENDED, RELATING TO THE ECONOMIC IMPACT ZONE TAX CREDIT, SO AS TO RESTATE THE CREDIT AS AN INVESTMENT TAX CREDIT, PROVIDE THAT THE CREDIT IS AVAILABLE FOR THE PLACEMENT IN SERVICE OF CERTAIN QUALIFIED EQUIPMENT AND A COMMITMENT TO THE REQUIRED CAPITAL INVESTMENT, PROVIDE FOR QUALIFICATIONS FOR AND LIMITATIONS ON THE CREDIT, AND TO PROVIDE FOR THE PROCESS FOR CLAIMING THE CREDIT; TO AMEND SECTION 12-28-110, AS AMENDED, RELATING TO DEFINITIONS IN CONNECTION WITH MOTOR FUELS SUBJECT TO USER FEES, SO AS TO ADD FUEL GRADE ETHANOL; TO AMEND SECTION 12-28-310, AS AMENDED, RELATING TO IMPOSITION OF THE USER FEE ON MOTOR FUELS, SO AS TO INCLUDE FUEL GRADE ETHANOL; TO AMEND SECTION 12-28-710, RELATING TO EXEMPTION FROM THE USER FEE ON MOTOR FUEL, SO AS TO EXCLUDE THE EXEMPTION FOR KEROSENE AND DIESEL FUEL WHEN THEY ARE USED TO PROPEL A VEHICLE ON THE HIGHWAY; TO AMEND SECTION 12-28-790, AS AMENDED, RELATING TO REFUND CLAIMS, SO AS TO FURTHER PROVIDE FOR THE CLAIM PROCESS; TO AMEND SECTION 12-28-905, AS AMENDED, RELATING TO THE USER FEE ON FUELS IMPORTED TO THIS STATE, SO AS TO DELETE REFERENCES TO FUEL IMPORTED BY A LICENSED OCCASIONAL IMPORTER AND MAKE TECHNICAL CHANGES; TO AMEND SECTION 12-28-925, AS AMENDED, RELATING TO COLLECTION OF THE USER FEE BY CERTAIN SELLERS, SO AS TO DELETE REFERENCE TO A BONDED IMPORTER; TO AMEND SECTION 12-28-975, AS AMENDED, RELATING TO DIVERSION OF MOTOR FUEL SUBJECT TO THE USER FEE, SO AS TO PROVIDE TIME REQUIREMENTS FOR A LICENSED OR UNLICENSED IMPORTER FOR NOTIFYING THE STATE OF THE DIVERSION AND PAYING THE FEE TO THE STATE, TO DELETE REFERENCES TO REGULATIONS ESTABLISHING THOSE REQUIREMENTS FOR LICENSED IMPORTERS, AND TO DELETE PROVISIONS FOR SUPPLIERS TO ASSUME THE LIABILITY OF IMPORTERS OR CLAIMS OF EXPORTERS; TO AMEND SECTION 12-28-990, AS AMENDED, RELATING TO LIABILITY OF CERTAIN VENDORS OF MOTOR FUELS SUBJECT TO THE USER FEE FOR THE UNPAID FEE, SO AS TO PROVIDE FOR PAYMENT OF THE FEE; TO AMEND SECTION 12-28-1125, AS AMENDED, RELATING TO IMPORTERS' LICENSES, SO AS TO DELETE REFERENCE TO AN OCCASIONAL IMPORTER'S LICENSE AND TO REDUCE THE FEE FOR A BONDED IMPORTER'S LICENSE; TO AMEND SECTION 12-28-1130, AS AMENDED, RELATING TO TANK WAGON IMPORTERS OF MOTOR FUEL, SO AS TO DELETE THE EXEMPTION FOR AN IMPORTER OTHERWISE LICENSED AS AN IMPORTER; TO AMEND SECTION 12-28-1139, AS AMENDED, RELATING TO LICENSING OF PERSONS LIABLE FOR THE USER FEE, SO AS TO PROVIDE FOR A BLENDER/VENDOR LICENSE AND A MANUFACTURER'S LICENSE; TO AMEND SECTION 12-28-1155, AS AMENDED, RELATING TO BONDING OF SUPPLIERS OF MOTOR FUEL SUBJECT TO THE USER FEE, SO AS TO EXEMPT CERTAIN VENDORS AND MANUFACTURERS FROM THE BONDING REQUIREMENT; TO AMEND SECTION 12-28-1300, AS AMENDED, RELATING TO REPORTING REQUIREMENTS, SO AS TO DELETE REFERENCE TO A CUSTOMER'S USER FEE LIABILITY; TO AMEND SECTION 12-28-1310, AS AMENDED, RELATING TO VERIFIED STATEMENTS FILED BY LICENSED BONDED IMPORTERS, SO AS TO FURTHER PROVIDE FOR THE INFORMATION REQUIRED; TO AMEND SECTION 12-28-1370, AS AMENDED, RELATING TO A TRANSPORTER OF MOTOR FUEL, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 12-28-1390, AS AMENDED, RELATING TO A VENDOR OF FUELS NOT SUBJECT TO THE USER FEE, AND TO ADD SECTIONS 12-28-1396 AND 12-28-1397, ALL SO AS TO PROVIDE FOR THE TIME REQUIREMENTS FOR REPORTING AND PAYING THE USER FEE; TO AMEND SECTIONS 12-28-1535, 12-28-1540, 12-28-1545, 12-28-1720, AND 12-28-1730, ALL AS AMENDED, AND ALL RELATING TO RESTRICTIONS ON SELLING, USING, DELIVERING, STORING, OR IMPORTING MOTOR FUELS SUBJECT TO THE USER FEE, ALL SO AS TO PROVIDE FOR CIVIL PENALTIES AND TO DELETE CRIMINAL PENALTIES EXCEPT AS TO NONPAYMENT OF THE USER FEE OVER TO THE STATE; TO REPEAL SECTION 12-28-1305 RELATING TO THE LICENSED OCCASIONAL IMPORTER; TO ADD SECTION 12-59-85 SO AS TO PROVIDE THAT A FORFEITED LAND COMMISSION MAY REFUSE TO ACCEPT TITLE TO PROPERTY BID ON BY THE COUNTY AUDITOR; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY EXEMPTED FROM TAXATION IN THIS STATE, SO AS TO EXEMPT A MOBILE HOME WORTH LESS THAN TWO THOUSAND FIVE HUNDRED DOLLARS; TO AMEND SECTION 12-37-714, AS AMENDED, RELATING TO PROPERTY TAXATION OF A BOAT FOR THE TIME PERIOD IN WHICH IT IS LOCATED IN THIS STATE, SO AS TO REVISE THE TIME PERIODS; TO AMEND SECTION 12-37-2725, AS AMENDED, RELATING TO REGISTRATION OF A LICENSED VEHICLE IN ANOTHER STATE, SO AS TO PROVIDE FOR A RECEIPT FORM TO SUBSTITUTE FOR RETURN OF THE LICENSE PLATE AND REGISTRATION CERTIFICATE TO THIS STATE; TO AMEND SECTION 12-39-220, RELATING TO ASSESSMENT OF REAL ESTATE OMITTED FROM A DUPLICATE OR RETURN, SO AS TO INCLUDE PERSONAL PROPERTY; TO AMEND SECTION 12-51-50, AS AMENDED, RELATING TO SALE OF PROPERTY AT A TAX SALE, SO AS TO PROVIDE THAT THE SALE OCCUR ON AN ADVERTISED DATE AND TO DELETE THE REQUIREMENT OF REGULAR HOURS; TO AMEND SECTION 12-51-70, RELATING TO A DEFAULTING BIDDER IN A TAX SALE, SO AS TO INCREASE HIS LIABILITY FROM THREE HUNDRED TO ONE THOUSAND DOLLARS; TO AMEND SECTION 12-54-85, AS AMENDED, RELATING TO COLLECTION AND ENFORCEMENT OF TAXES, SO AS TO PROVIDE FOR A TIME LIMITATION FOR ASSESSMENT OF TAXES OR FEES FOR PROPERTY OMITTED FROM A DUPLICATE OR RETURN; TO AMEND SECTION 61-6-20, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO SPECIFICALLY DESCRIBE ACTIVITIES THAT CONSTITUTE "BONA FIDE ENGAGED PRIMARILY AND SUBSTANTIALLY IN THE PREPARATION AND SERVING OF MEALS"; TO AMEND SECTION 61-6-1610, AS AMENDED, RELATING TO A LICENSED PREMISES "BONA FIDE ENGAGED PRIMARILY AND SUBSTANTIALLY IN THE PREPARATION AND SERVING OF MEALS", SO AS TO ADD DEFINITIONS AND TO PROVIDE FOR DISPLAY OF THE LICENSE; TO AMEND SECTION 61-6-2010, AS AMENDED, RELATING TO A FIFTY-TWO WEEK TEMPORARY PERMIT, SO AS TO PROVIDE FOR A PRORATED REFUND UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 12-6-40, AS AMENDED, RELATING TO THE APPLICATION OF THE FEDERAL INTERNAL REVENUE CODE TO STATE TAX LAWS, SO AS TO INCLUDE THE IRC AS AMENDED THROUGH 2007; TO AMEND SECTION 12-6-1120, AS AMENDED, RELATING TO COMPUTATION OF SOUTH CAROLINA GROSS INCOME, SO AS TO EXCLUDE TIER III RAILROAD RETIREMENT BENEFITS; TO AMEND SECTION 12-28-955, RELATING TO RETAINING A PORTION OF THE USER FEE FOR ADMINISTRATIVE COSTS, SO AS TO DELETE THE RETENTION IN FAVOR OF REQUESTING A REFUND FROM THE DEPARTMENT OF REVENUE IN SPECIFIED AMOUNTS FOR EXPENSES OR ANNUAL ADMINISTRATIVE COSTS; TO AMEND SECTION 12-44-30, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE FEE IN LIEU OF TAX SIMPLIFICATION ACT, SO AS TO MODIFY A CROSS REFERENCE IN THE DEFINITION OF "SPONSOR"; TO ADD SECTION 12-45-17 SO AS TO REQUIRE ANNUAL CONTINUING EDUCATION TRAINING FOR COUNTY TAX COLLECTORS; AND TO AMEND SECTION 12-54-70, AS AMENDED, RELATING TO EXTENSIONS OF TIME FOR THE FILING OF TAX RETURNS OR PAYMENT OF TAXES DUE, SO AS TO CONFORM THE EXTENSION TO THE CORRESPONDING FEDERAL EXTENDED TIME PERIOD.
Referred to Committee on Ways and Means

H. 4888 (Word version) -- Reps. Sellers, J. H. Neal and Hart: A BILL TO AMEND SECTION 59-65-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPULSORY SCHOOL ATTENDANCE, SO AS TO PROVIDE THAT A CHILD MUST ATTEND SCHOOL UNTIL HE ATTAINS THE AGE OF EIGHTEEN; TO AMEND SECTION 20-7-6605, AS AMENDED, RELATING TO DEFINITIONS OF THE CHILDREN'S CODE, SO AS TO DEFINE "CHILD" FOR THE PURPOSE OF TRUANCY AS A PERSON WHO IS LESS THAN EIGHTEEN YEARS OF AGE; TO AMEND SECTION 20-7-7415, RELATING TO PREHEARING INQUIRY AND INVESTIGATION IN PROCEEDINGS AGAINST A CHILD, SO AS TO SPECIFY HOW COURT DOCUMENTS FOR TRUANCY PETITIONS MUST BE TITLED; TO AMEND SECTION 20-7-7807, RELATING TO SUSPENSION OR RESTRICTION OF A CHILD'S DRIVER'S LICENSE, SO AS TO PROVIDE THAT A COURT MAY RESTRICT THE DRIVER'S LICENSE OF A CHILD WHO IS ADJUDICATED DELINQUENT FOR TRUANCY; AND TO AMEND SECTION 20-7-7810, AS AMENDED, RELATING TO COMMITMENT OF A CHILD, SO AS TO PROVIDE THAT A CHILD MAY BE COMMITTED FOR A VIOLATION OF A COURT ORDER TO ATTEND SCHOOL PRIOR TO THE CHILD'S EIGHTEENTH BIRTHDAY.
Referred to Committee on Education and Public Works

H. 4889 (Word version) -- Rep. Walker: A BILL TO AMEND SECTION 8-11-83, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYROLL DEDUCTIONS FOR DUES OF STATE ASSOCIATIONS, SO AS TO PROVIDE FOR PAYROLL DEDUCTIONS FOR THE PAYMENT OF MEMBERSHIP DUES OF THE SOUTH CAROLINA EDUCATION ASSOCIATION, TO DELETE THE REQUIREMENT THAT NO DEDUCTION BE PAID TO A NATIONAL OR MULTI-STATE ASSOCIATION OR GROUP, AND TO PROVIDE THAT PAYROLL DEDUCTIONS FOR SUCH DUES MUST CEASE EFFECTIVE WITH THE FIRST PAYROLL DATE OCCURRING MORE THAN TWELVE MONTHS AFTER THE LAST DETERMINATION.
Referred to Committee on Ways and Means

H. 4890 (Word version) -- Rep. Cooper: A BILL TO AMEND SECTION 44-96-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF CERTAIN LANDFILLS, SO AS TO PROVIDE AN OPERABLE FIRE HYDRANT MUST BE LOCATED WITHIN TWO HUNDRED FEET OF THE ENTRANCE TO A CONSTRUCTION, DEMOLITION, AND LAND-CLEARING DEBRIS LANDFILL FOR WHICH THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL GRANTS A PERMIT AFTER JUNE 30, 2008.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 4891 (Word version) -- Reps. Bannister, Coleman, Brantley, Whipper, Bedingfield, Leach, Davenport, Bowen, Brady, Cato, Delleney, Gambrell, Hamilton, Littlejohn, Mahaffey, Rice, Sandifer, Shoopman, Simrill, G. R. Smith, Spires, Thompson and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-1-25 SO AS TO CREATE THE OFFENSE OF FALSE STATEMENTS OR WRITINGS BY PUBLIC OFFICERS OR EMPLOYEES RELATING TO THE PROCUREMENT PROCESS, TO PROVIDE A PENALTY, AND TO PROVIDE EXCEPTIONS.
Referred to Committee on Judiciary

H. 4892 (Word version) -- Reps. Haley, Loftis, Cato, Walker, Merrill, Huggins, Hutson, Harrell, E. H. Pitts, Hodges, Spires, Bowen, Ballentine, Funderburk, Knight, Cobb-Hunter, Jefferson, Ott, Owens, Sandifer and J. R. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3640 SO AS TO CREATE THE "ENERGY INDEPENDENCE AND SUSTAINABLE HOMES ACT"; TO AMEND SECTION 12-6-3587, AS AMENDED, RELATING TO THE PURCHASE AND INSTALLATION OF CERTAIN SOLAR ENERGY HEATING OR COOLING SYSTEMS, SO AS TO PROVIDE A LOCAL GOVERNMENT OR HOMEOWNERS ASSOCIATION MAY NOT PROHIBIT THE INSTALLATION OF A SOLAR ENERGY HEATING OR COOLING SYSTEM IN A RESIDENTIAL HOME.
Referred to Committee on Labor, Commerce and Industry

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

Agnew                  Anderson               Anthony
Bales                  Ballentine             Bannister
Barfield               Battle                 Bedingfield
Bingham                Bowen                  Brady
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
Haley                  Hamilton               Hardwick
Harrell                Harrison               Hart
Harvin                 Haskins                Hayes
Hiott                  Hodges                 Hosey
Howard                 Huggins                Hutson
Jefferson              Jennings               Kennedy
Kirsh                  Knight                 Leach
Limehouse              Littlejohn             Loftis
Lowe                   Lucas                  Mack
Mahaffey               Merrill                Miller
Moss                   Mulvaney               J. H. Neal
J. M. Neal             Ott                    Owens
Parks                  Perry                  Pinson
E. H. Pitts            M. A. Pitts            Rice
Sandifer               Scarborough            Sellers
Shoopman               Simrill                D. C. Smith
F. N. Smith            G. R. Smith            J. R. Smith
W. D. Smith            Spires                 Stavrinakis
Talley                 Taylor                 Thompson
Toole                  Umphlett               Vick
Walker                 Weeks                  Whipper
White                  Whitmire               Williams
Witherspoon            Young

I came in after the roll call and was present for the Session on Wednesday, March 26.

Terry Alexander                   Denny Neilson
James E. Stewart                  Karl Allen
Walton McLeod                     John Scott
William Bowers                    Harold Mitchell
Thad Viers                        G. Murrell Smith

The SPEAKER granted Rep. SKELTON a leave of absence for today and tomorrow due to illness.

The SPEAKER granted Rep. KELLY a leave of absence for the day to attend a case in Federal Court to which he is appointed counsel.

The SPEAKER granted Rep. MOODY-LAWRENCE a leave of absence for the day.

Rep. JENNINGS signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, March 25.

Rep. GULLICK presented to the House the Springfield Middle School Mock Trial Team State, the Mock Trial Team 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. 4493 (Word version)
Date:   ADD:
03/26/08   G. M. SMITH

Bill Number:   H. 4460 (Word version)
Date:   ADD:
03/26/08   ANTHONY

Bill Number:   H. 4673 (Word version)
Date:   ADD:
03/26/08   TOOLE

Bill Number:   H. 4493 (Word version)
Date:   ADD:
03/26/08   J. R. SMITH

Bill Number:   H. 4460 (Word version)
Date:   ADD:
03/26/08   BOWEN

Bill Number:   H. 4460 (Word version)
Date:   ADD:
03/26/08   DAVENPORT

Bill Number:   H. 4460 (Word version)
Date:   ADD:
03/26/08   DANTZLER

Bill Number:   H. 4460 (Word version)
Date:   ADD:
03/26/08   HODGES

Bill Number:   H. 4460 (Word version)
Date:   ADD:
03/26/08   R. BROWN

Bill Number:   H. 4460 (Word version)
Date:   ADD:
03/26/08   MILLER

Bill Number:   H. 4460 (Word version)
Date:   ADD:
03/26/08   HOSEY

Bill Number:   H. 4460 (Word version)
Date:   ADD:
03/26/08   CLYBURN

Bill Number:   H. 4460 (Word version)
Date:   ADD:
03/26/08   J. H. NEAL

Bill Number:   H. 4460 (Word version)
Date:   ADD:
03/26/08   GULLICK

Bill Number:   H. 4460 (Word version)
Date:   ADD:
03/26/08   M. A. PITTS

Bill Number:   H. 4460 (Word version)
Date:   ADD:
03/26/08   NEILSON

Bill Number:   H. 4460 (Word version)
Date:   ADD:
03/26/08   F. N. SMITH

Bill Number:   H. 4460 (Word version)
Date:   ADD:
03/26/08   HAMILTON

Bill Number:   H. 4460 (Word version)
Date:   ADD:
03/26/08   HASKINS

Bill Number:   H. 4549 (Word version)
Date:   ADD:
03/26/08   LOFTIS

Bill Number:   H. 4534 (Word version)
Date:   ADD:
03/26/08   LOFTIS

Bill Number:   H. 4798 (Word version)
Date:   ADD:
03/26/08   WALKER

Bill Number:   H. 4815 (Word version)
Date:   ADD:
03/26/08   MAHAFFEY

Bill Number:   H. 4673 (Word version)
Date:   ADD:
03/26/08   MAHAFFEY

Bill Number:   H. 4798 (Word version)
Date:   ADD:
03/26/08   MAHAFFEY

Bill Number:   H. 4493 (Word version)
Date:   ADD:
03/26/08   TOOLE

Bill Number:   H. 4493 (Word version)
Date:   ADD:
03/26/08   BOWEN

Bill Number:   H. 4745 (Word version)
Date:   REMOVE:
03/26/08   KNIGHT

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

S. 1209 (Word version) -- Senator Patterson: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON DECEMBER 10, 2007, BY THE STUDENTS OF GREENVIEW ELEMENTARY SCHOOL WHEN THE SCHOOL WAS CLOSED DUE TO A COLLAPSED CEILING, IS EXEMPT FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER DISRUPTIONS BE MADE UP.

H. 4534 (Word version) -- Reps. M. A. Pitts, Owens, Simrill, Davenport, Hosey, Leach, McLeod, Moss, Phillips, Thompson and Loftis: A BILL TO AMEND SECTION 50-3-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCEDURES FOR
MAKING ARRESTS, SO AS TO FURTHER PROVIDE FOR THESE PROCEDURES, THE USE OF SUMMONS, AND THE RECEIPT OF MONETARY BONDS.

Rep. M. A. PITTS explained the Bill.

S. 1047 (Word version) -- Senators Grooms, Campbell and Campsen: A BILL TO AMEND SECTION 7-7-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN BERKELEY COUNTY, SO AS TO CREATE NEW PRECINCTS, REDESIGNATE AND RENAME CERTAIN PRECINCTS, AND CHANGE THE MAP DESIGNATION ON WHICH THE LINES OF THOSE PRECINCTS ARE DELINEATED.

The following Bill and Joint Resolutions were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification:

S. 1112 (Word version) -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CRITICAL AREAS OF THE COASTAL ZONE, DESIGNATED AS REGULATION DOCUMENT NUMBER 3111, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 1075 (Word version) -- Finance Committee: A JOINT RESOLUTION TO SUPPLEMENT THE SCHOOL DISTRICTS NEGATIVELY AFFECTED BY THE LACK OF REVISION OF THE 2007 FINAL INDEX OF TAXPAYING ABILITY, AND TO PROVIDE THAT A SCHOOL DISTRICT POSITIVELY AFFECTED BY THE LACK OF REVISION OF THE 2007 FINAL INDEX OF TAXPAYING ABILITY SHALL DIRECT THE EXCESS FUNDS TOWARD NONRECURRING ALLOWABLE EXPENDITURES.

S. 652 (Word version) -- Senators Lourie, Alexander, Anderson, Bryant, Campsen, Cleary, Courson, Cromer, Drummond, Elliott, Fair, Ford, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Land, Leatherman, Leventis, Malloy, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Reese, Ritchie, Ryberg, Scott, Setzler, Sheheen, Short, Thomas, Vaughn, Verdin and Williams: A BILL TO AMEND SECTION 12-37-250, AS AMENDED, RELATING TO THE HOMESTEAD PROPERTY TAX EXEMPTION FOR PERSONS WHO HAVE ATTAINED AGE SIXTY-FIVE, OR WHO ARE PERMANENTLY AND TOTALLY DISABLED, OR WHO ARE LEGALLY BLIND, SO AS TO ALLOW THE APPLICATION FOR THE EXEMPTION TO BE MADE BY MAIL OR BY INTERNET AND PROVIDE THE CIRCUMSTANCES WHEN MAIL OR INTERNET APPLICATIONS MAY BE PROCESSED.

The following Bill was taken up, read the third time, and ordered sent to the Senate:

H. 4846 (Word version) -- Reps. Moss, Gambrell, Chalk, Erickson, Frye, Spires, J. M. Neal, Coleman, Agnew, Bowen, Bowers, Brady, Branham, G. Brown, Cobb-Hunter, Crawford, Funderburk, Gullick, Hayes, Jennings, Knight, Littlejohn, McLeod, Merrill, Neilson, Ott, Pinson, Sandifer and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-115 SO AS TO DESIGNATE THE THIRD WEEK IN SEPTEMBER AS "MITOCHONDRIAL DISEASE AWARENESS WEEK".

Rep. COOPER moved to adjourn debate upon the following Bill until Thursday, March 27, which was adopted:

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, Williams and Spires: 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.

Rep. HARRISON moved to adjourn debate upon the following Bill until Thursday, March 27, which was adopted:

H. 4622 (Word version) -- Reps. Hutson, Dantzler, Limehouse, Miller, Perry, Umphlett, Witherspoon and Knight: 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.

Rep. COOPER moved to adjourn debate upon the following Bill until Thursday, March 27, which was adopted:

H. 4549 (Word version) -- Reps. Harrell, W. D. Smith, Cooper, Cato, Harrison, Walker, Witherspoon, White, Young, Merrill, Bingham, Littlejohn, G. R. Smith, Bedingfield, Taylor, Shoopman, Haley, Hardwick, J. R. Smith, Lowe, Viers, Hutson, Erickson, Ballentine, Frye, Pinson, D. C. Smith, Huggins, Toole, Bowen, Brady, Mahaffey, Bannister, Clemmons, Delleney, Duncan, Gambrell, Herbkersman, Mulvaney, E. H. Pitts, Sandifer, Spires, Thompson, Umphlett, Whitmire, Limehouse, Owens, Gullick, Knight and Loftis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-36-2647 SO AS TO PROVIDE THAT THE SALES, USE, AND CASUAL EXCISE TAX REVENUES IN A FISCAL YEAR FROM THE SALE, USE, OR TITLING OF A VEHICLE REQUIRED TO BE REGISTERED AND LICENSED BY THE SOUTH CAROLINA DEPARTMENT OF MOTOR VEHICLES MUST BE CREDITED TO THE STATE HIGHWAY FUND, TO PHASE IN THIS DISTRIBUTION, TO PROVIDE FOR THE USE OF THESE REVENUES, AND TO "HOLD HARMLESS" THE EDUCATION IMPROVEMENT ACT (EIA) FUND FOR REVENUES NOT CREDITED TO IT PURSUANT TO THE PROVISIONS OF SECTION 12-36-2647 AS ADDED BY THIS ACT.

Rep. COOPER moved to adjourn debate upon the following Bill until Thursday, March 27, which was adopted:

H. 4550 (Word version) -- Reps. Harrell, W. D. Smith, Cooper, Cato, Harrison, Walker, Witherspoon, White, Young, Littlejohn, G. R. Smith, Toole, Huggins, Bedingfield, Lowe, Viers, Herbkersman, Duncan, Skelton, Haley, Hardwick, Frye, Erickson, Bingham, Bowen, Brady, Taylor, Mahaffey, J. R. Smith, Hutson, Pinson, Bannister, Clemmons, Delleney, Gambrell, Merrill, Mulvaney, E. H. Pitts, Rice, Sandifer, Shoopman, D. C. Smith, Spires, Umphlett, Whitmire, Cotty, Loftis, Vick, Owens and Knight: A BILL TO DESIGNATE SECTION 5 OF ACT 115 OF 2007 AS SECTION 12-6-515, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDUCTION IN THE SOUTH CAROLINA INDIVIDUAL INCOME TAX LIABILITY OF INDIVIDUALS BY SUBJECTING THE BOTTOM OF THE 2.5 PERCENT STATE INDIVIDUAL INCOME RATE TO A TAX RATE OF ZERO, SO AS TO PROVIDE FURTHER RATE REDUCTIONS FOR MARRIED TAXPAYERS BY REDUCING THE THREE PERCENT RATE TO TWO PERCENT OVER THREE YEARS AND TO DEFINE "MARRIED TAXPAYER" CONSISTENTLY WITH THE DEFINITION FOR MARRIAGE PROVIDED IN THE CONSTITUTION OF THIS STATE.

The Senate Amendments to the following Joint Resolution were taken up for consideration:

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.

Rep. COOPER proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\10451HTC08), which was adopted:
Amend the joint resolution, as and if amended, by striking SECTION 1 and inserting:
/ SECTION   1.   (A) The Insurance Reserve Fund is authorized to expend funds necessary to resolve the outstanding fee award judgment entered by the South Carolina Supreme Court against the defendants in Layman, et al. vs. The State of South Carolina, et al. Any funds expended by the Insurance Reserve Fund to resolve this fee award judgment must be reimbursed with lost earnings as calculated by the State Treasurer as provided pursuant to subsection (B) of this section.

(B)   The Comptroller General is authorized and directed to reimburse the Insurance Reserve Fund for any funds it expends and lost earnings to resolve the fee award judgment entered by the State Supreme Court in Layman, et al. vs. The State of South Carolina, et al. Notwithstanding any other provision of law, the source of funds the Comptroller General shall use for reimbursement are state funds lapsed or remitted to the general fund of the State at the end of fiscal year 2007-2008. Reimbursement of the Insurance Reserve Fund is the first priority for these lapsed and remitted funds regardless of any provisions of law to the contrary including provisions of the annual general appropriation act for fiscal year 2008-2009. To the extent that this identified fund source is inadequate to reimburse the Insurance Reserve Fund, the Comptroller General is directed to reduce the percent of agency appropriations that may be carried forward under the authority of Part IB, General Provisions of the general appropriations act that allows agencies to carry forward up to ten percent of their general funds. /
Renumber sections to conform.
Amend title to conform.

Rep. COOPER explained the amendment.
The amendment was then adopted.

Reps. COOPER and HARRELL proposed the following Amendment No. 2 (Doc Name COUNCIL\GJK\20607SD08), which was adopted:
Amend the joint resolution, as and if amended, by adding a new section appropriately numbered to read:
/SECTION   _____.   Section 15-77-300 of the 1976 Code is amended to read:

"Section 15-77-300.   (A)   In any civil action brought by the State, any political subdivision of the State or any party who is contesting state action, unless the prevailing party is the State or any political subdivision of the State, the court may allow the prevailing party to recover reasonable attorney's fees to be taxed as court costs against the appropriate agency if:

(1)   The court finds that the agency acted without substantial justification in pressing its claim against the party; and

(2)   The court finds that there are no special circumstances that would make the award of attorney's fees unjust.

(B)(1)   Attorney's fees allowed pursuant to subsection (A) must be limited to a reasonable time expended at a reasonable hourly rate and the attorney's fees awarded shall not be in excess of one hundred twenty-five dollars per hour unless the court determines that an increase in the cost of living or a special factor, such as the limited availability of qualified attorneys for the proceeding involved, justifies a higher fee;

(2)   However, in no event shall a prevailing party be allowed to shift attorney's fees pursuant to this section that exceed the fees that the party was contracted to pay counsel for work on the litigation;

(3)   Beginning January 1, 2009, should the Attorney General determine that the one hundred twenty-five dollars per hour maximum as provided for in subsection (B)(1) should be adjusted to reflect the current market conditions, the Attorney General may adjust the maximum hourly rate based upon the prevailing and customary hourly rate that the Attorney General typically approves for attorneys in South Carolina engaged to represent the State in tort litigation.

(C)   The provisions of this section do not apply to civil actions relating to the establishment of public utility rates, disciplinary actions by state licensing boards, habeas corpus or post conviction relief actions, child support actions, except as otherwise provided for herein, and child abuse and neglect actions, and challenges concerning the constitutionality of an act of the General Assembly."   /
Renumber sections to conform.
Amend title to conform.

Rep. COOPER explained the amendment.
The amendment was then adopted.

The Senate Amendments, as amended, were then agreed to and the Joint Resolution was ordered returned to the Senate.

The Senate Amendments to the following Bill were taken up for consideration:

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. M. A. PITTS explained the Senate Amendments.

The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

The Senate Amendments to the following Bill were taken up for consideration:

H. 3219 (Word version) -- Reps. Harrison, Cotty and McLeod: A BILL TO AMEND SECTION 1-23-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATIVE LAW COURT HEARINGS AND PROCEEDINGS, SO AS TO DELETE THE EXCEPTION PROVIDING THAT CONTESTED CASES ARISING UNDER THE OCCUPATIONAL SAFETY AND HEALTH ACT ARE NOT TO BE HEARD BY AN ADMINISTRATIVE LAW JUDGE; TO AMEND SECTION 41-15-310, AS AMENDED, RELATING TO THE DEPARTMENT OF LABOR, LICENSING AND REGULATION HEARING OCCUPATIONAL HEALTH AND SAFETY CONTESTED CASES, SO AS TO PROVIDE THAT A PARTY AGGRIEVED BY A CITATION, PENALTY, OR ABATEMENT ISSUED BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, DIVISION OF LABOR MAY REQUEST A CONTESTED CASE HEARING BEFORE THE ADMINISTRATIVE LAW COURT IN ACCORDANCE WITH THE ADMINISTRATIVE PROCEDURES ACT AND TO PROVIDE PROCEDURES FOR APPEARING IN AND APPEALING SUCH CASES; AND TO REPEAL ARTICLE 6, CHAPTER 15, TITLE 41 RELATING TO THE SOUTH CAROLINA OCCUPATIONAL HEALTH AND SAFETY REVIEW BOARD.

Rep. HARRISON explained the Senate Amendments.

The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

The Senate Amendments to the following Bill were taken up for consideration:

S. 668 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 40-11-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE APPLICATION OF CHAPTER 11, TITLE 40 (CONTRACTORS LICENSING ACT), SO AS TO EXEMPT A PROJECT IF IT IS A METAL FARM BUILDING LESS THAN FIVE THOUSAND SQUARE FEET USED ONLY FOR LIVESTOCK OR STORAGE.

Rep. CATO explained the Senate Amendments.

The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

The Senate Amendments to the following Concurrent Resolution were taken up for consideration:

H. 3410 (Word version) -- Reps. Edge, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION DECLARING JANUARY 2007, AS GLAUCOMA AWARENESS MONTH.

Rep. LOFTIS moved to adjourn debate upon the Senate Amendments until Thursday, March 27, which was agreed to.

The Senate Amendments to the following Bill were taken up for consideration:

H. 3212 (Word version) -- Reps. Delleney, M. A. Pitts, Haley, Crawford, Chellis, G. R. Smith, Owens, Rice, Weeks, Viers, Simrill, Bedingfield, Vick, Duncan, Mulvaney, Stavrinakis, Clemmons and Young: A BILL TO AMEND SECTION 23-31-215, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF CONCEALABLE WEAPONS PERMITS, SO AS TO PROVIDE THAT VALID OUT-OF-STATE PERMITS TO CARRY CONCEALABLE WEAPONS HELD BY A RESIDENT OF ANOTHER STATE MUST BE HONORED BY THIS STATE AND TO DELETE THE PROVISION THAT THIS STATE WILL ONLY HONOR OUT-OF-STATE PERMITS ISSUED BY A STATE WITH WHICH SOUTH CAROLINA HAS RECIPROCITY.

Rep. DELLENEY explained the Senate Amendments.

The House refused to agree to the Senate Amendments and a message was ordered sent accordingly.

The Senate Amendments to the following Concurrent Resolution were taken up for consideration:

H. 4681 (Word version) -- Reps. Knight, Hutson, Harrell and Young: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION REMOVE THE SIGNS THAT CONTAIN THE WORDS "THE MINUS BRIDGE" THAT WERE ERECTED AT THE BRIDGE THAT CROSSES FOUR HOLE SWAMP ALONG UNITED STATES HIGHWAY 78 IN DORCHESTER COUNTY PURSUANT TO H. 5232 OF 2004, AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS LOCATION THAT CONTAIN THE WORDS 'MUCKENFUSS (1792-1813) MINUS (1813-1848) HARLEY (1848-1862) BRIDGE'.

Rep. KNIGHT explained the Senate Amendments.

The Senate Amendments were concurred in and a message was ordered sent to the Senate accordingly.

Rep. HARRISON moved to adjourn debate upon the following Joint Resolution until Thursday, March 27, which was adopted:

H. 4578 (Word version) -- Reps. Harrison, Hagood, Talley, W. D. Smith and G. R. Smith: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE VIII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 19 SO AS TO AUTHORIZE THE GENERAL ASSEMBLY, BY SPECIAL OR LOCAL LAW, TO ABOLISH A SPECIAL OR PUBLIC SERVICE DISTRICT AND TRANSFER ITS ASSETS AND LIABILITIES TO AN ASSUMING SERVICE PROVIDER.

The motion period was dispensed with on motion of Rep. STAVRINAKIS.

Rep. STAVRINAKIS moved to adjourn debate upon the following Bill until Wednesday, April 2, which was adopted:

S. 110 (Word version) -- Senators Thomas, Elliott, Knotts and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY DESIGNATING THE EXISTING SECTIONS OF CHAPTER 22, TITLE 17 AS ARTICLE 1 AND BY ADDING ARTICLE 3 SO AS TO ENACT THE "UNIFORM EXPUNGEMENT OF CRIMINAL RECORDS ACT", TO PROVIDE A PROCEDURE WHICH MUST BE FOLLOWED REGARDING APPLICATIONS FOR EXPUNGEMENT OF ALL CRIMINAL RECORDS, AND TO AUTHORIZE EACH SOLICITOR'S OFFICE IN THE STATE TO ADMINISTER THE PROCEDURE.

Rep. SCARBOROUGH moved that the House do now adjourn, which was agreed to.

At 11:01 a.m. the House, in accordance with the motion of Rep. WITHERSPOON, adjourned in memory of Mrs. Mildred Wingard Twilley of Langley, to meet at 10:00 a.m. tomorrow.

This web page was last updated on Monday, June 22, 2009 at 12:02 P.M.