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 Psalm 31:14: "But I trust in you, O Lord, I say, 'You are my God, my times are in your hands.' "
Let us pray. God, we give thanks to You that the time of our life is in Your hands. Guide these men and women through the perils of life as they deliberate on important things for the people of this State. Keep our faith strong. Strengthen our bodies and minds for duties and responsibilities before us. 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.
The following were received and referred to the appropriate committee for consideration:
Document No. 3201
Agency: Department of Labor, Licensing and Regulation - Board of Dentistry
Statutory Authority: 1976 Code Sections 40-1-40, 40-1-70, 40-15-40, and 40-15-172
Mobile Dental Facilities and Portable Dental Operations
Received by Speaker of the House of Representatives
March 27, 2008
Referred to Medical, Military, Public and Municipal Affairs Committee
Legislative Review Expiration March 3, 2009
Document No. 3202
Agency: Department of Labor, Licensing and Regulation - Board of Physical Therapy Examiners
Statutory Authority: 1976 Code Sections 40-1-70 and 40-45-10, et seq.
Establishing Fees, Guidelines for Continuing Education, and Requirements for Licensure as a Physical Therapist and Physical Therapist Assistant
Received by Speaker of the House of Representatives
March 27, 2008
Referred to Medical, Military, Public and Municipal Affairs Committee
Legislative Review Expiration March 3, 2009
The following was received:
Columbia, S.C., March 27, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 3528:
H. 3528 (Word version) -- Reps. M. A. Pitts, Stewart, G. M. Smith, Merrill, Bedingfield, Perry, Davenport, Bingham, Brantley, Chellis, Delleney, Hinson, Jefferson, Knight, Lowe, Mulvaney, J. M. Neal, Ott, Owens, Stavrinakis, Toole, Vick, White, Williams, Young, Mahaffey and Umphlett: 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 RESTRICT THE CIRCUMSTANCES UPON WHICH THE STATE LAW ENFORCEMENT DIVISION MAY RELEASE ITS LIST OF PERMIT HOLDERS.
and has ordered the Bill enrolled for ratification.
Very respectfully,
President
Received as information.
Rep. COOPER, from the Committee on Ways and Means, submitted a favorable report with amendments on:
S. 1066 (Word version) -- Senators Leatherman, Setzler, Knotts and Cromer: A JOINT RESOLUTION TO AUTHORIZE THE DEPARTMENT OF AGRICULTURE TO RELOCATE THE COLUMBIA STATE FARMERS' MARKET FROM ITS CURRENT LOCATION IN RICHLAND COUNTY TO LEXINGTON COUNTY, TO RE-AUTHORIZE APPROPRIATIONS FOR THE DEPARTMENT TO EXPEND CERTAIN MONIES FOR THE RELOCATION, TO AUTHORIZE THE COMMISSIONER OF AGRICULTURE TO TERMINATE THE PENDING PROJECT THAT RELOCATES THE MARKET TO THE WALKER TRACT IN RICHLAND COUNTY, AND TO AUTHORIZE THE COMMISSIONER TO IMPLEMENT A STATEWIDE FARMERS' MARKET PLAN.
Ordered for consideration tomorrow.
Rep. COOPER, from the Committee on Ways and Means, submitted a favorable report with amendments on:
H. 4745 (Word version) -- Reps. Young, Mulvaney, Umphlett, Ballentine, Huggins, E. H. Pitts, Bedingfield, Haley, Lowe, Clemmons, Viers, Scarborough, Edge, Harrell, Cotty, Mitchell, Chalk, Hagood, Talley, Gullick, Miller, Harvin, Bingham, Witherspoon, Haskins, Thompson, Merrill, Sandifer, Brady, Weeks, Scott and Duncan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 35 TO TITLE 6 SO AS TO ENACT THE "SOUTH CAROLINA RESIDENTIAL IMPROVEMENT DISTRICT ACT", TO PROVIDE THAT A COUNTY AND MUNICIPALITY MAY CREATE AN IMPROVEMENT DISTRICT COMPRISED OF NONCONTIGUOUS PARCELS OF LAND, TO PROVIDE THAT A COUNTY AND MUNICIPALITY MAY USE ASSESSMENTS TO FUND IMPROVEMENTS LOCATED OUTSIDE THE BOUNDARIES OF AN IMPROVEMENT DISTRICT, AND TO ALLOW AN ASSESSMENT TO BE USED FOR THE CONSTRUCTION AND OPERATION OF IMPROVEMENTS TO FUND CONSTRUCTION AND MAINTENANCE OF INFRASTRUCTURE AND IMPROVEMENTS RELATED TO NEW DEVELOPMENT.
Ordered for consideration tomorrow.
Rep. COOPER, from the Committee on Ways and Means, submitted a favorable report with amendments on:
H. 4743 (Word version) -- Reps. Mitchell, Davenport, Littlejohn, W. D. Smith, Allen, Anthony, Cato, Hardwick, Harrell, Hosey, Kennedy, Lowe, Mack, Miller, Phillips, F. N. Smith, Talley, Young and Knight: A BILL TO AMEND SECTION 31-6-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE TAX INCREMENT FINANCING ACT FOR MUNICIPALITIES AND TO AMEND SECTION 31-7-30, RELATING TO DEFINITIONS IN REGARD TO THE TAX INCREMENT FINANCING ACT FOR COUNTIES, SO AS TO PROVIDE THAT THE TERM "REDEVELOPMENT PROJECT" ALSO INCLUDES AFFORDABLE HOUSING PROJECTS WHERE ALL OR A PART OF NEW PROPERTY TAX REVENUES GENERATED IN THE TAX INCREMENT FINANCING DISTRICT ARE USED TO PROVIDE OR SUPPORT PUBLICLY-OWNED AFFORDABLE HOUSING IN THE DISTRICT OR IS USED TO PROVIDE INFRASTRUCTURE PROJECTS TO SUPPORT PRIVATELY-OWNED AFFORDABLE HOUSING IN THE DISTRICT; AND TO REPEAL CHAPTER 33 OF TITLE 6 OF THE 1976 CODE RELATING TO TAX INCREMENT FINANCING FOR COUNTIES.
Ordered for consideration tomorrow.
Rep. COOPER, from the Committee on Ways and Means, submitted a favorable report on:
H. 4774 (Word version) -- Reps. Littlejohn, Brantley, Whipper, Anthony, Bales, Bowers, Breeland, Clyburn, Erickson, Hardwick, Herbkersman, Hodges, Hosey, Jefferson, Kelly, Loftis, Lowe, Mack, Mahaffey, Owens, Phillips, Rice, W. D. Smith, Williams and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3750 SO AS TO PROVIDE FOR A NONREFUNDABLE INCOME TAX CREDIT FOR ANY MEAT PACKER, BUTCHER, OR PROCESSING PLANT LICENSED OR PERMITTED BY THIS STATE OR THE UNITED STATES DEPARTMENT OF AGRICULTURE THAT, DURING THE TAX YEAR FOR WHICH THE CREDIT IS CLAIMED, HAD A VALID CONTRACT WITH A NONPROFIT ORGANIZATION TO PROCESS DEER FOR DONATION TO ANY CHARITABLE ORGANIZATION ENGAGED IN DISTRIBUTING FOOD TO THE NEEDY, AND TO PROVIDE THAT THE AMOUNT OF THE CREDIT SHALL BE FIFTY DOLLARS FOR EACH CARCASS PROCESSED AND DONATED.
Ordered for consideration tomorrow.
Rep. COOPER, from the Committee on Ways and Means, submitted a favorable report with amendments on:
H. 3592 (Word version) -- Rep. Ballentine: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL EXEMPTIONS FROM PROPERTY TAX, SO AS TO EXEMPT FROM THE PROPERTY TAX THE VALUE OF A MOTORCYCLE OWNED OR LEASED BY AND LICENSED AND REGISTERED IN THE NAME OF A DISABLED VETERAN OF WAR.
Ordered for consideration tomorrow.
Rep. COOPER, from the Committee on Ways and Means, submitted a favorable report on:
H. 4685 (Word version) -- Reps. Limehouse, Loftis, Lowe, Crawford, Davenport, Hardwick, Leach, Bannister, Bingham, Brantley, Cato, Clemmons, Duncan, Hagood, Mulvaney, M. A. Pitts, Scarborough, Shoopman, Toole, Umphlett, Vick, Witherspoon, Barfield, Cotty, Huggins and G. Brown: A BILL TO AMEND SECTION 12-37-714, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SITUS OF BOATS FOR PURPOSES OF PROPERTY TAX, SO AS TO CHANGE THE EXISTING SITUS REQUIREMENTS BY INCREASING TO A TOTAL OF ONE HUNDRED EIGHTY DAYS IN A PROPERTY TAX YEAR THE TIME IN THIS STATE NECESSARY FOR THE BOAT TO BE SUBJECT TO PROPERTY TAX.
Ordered for consideration tomorrow.
Rep. COOPER, from the Committee on Ways and Means, submitted a favorable report on:
H. 4339 (Word version) -- Reps. Cooper, Clyburn, Battle, Haskins, Harrison, Hosey, Cotty and Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-10-35 SO AS TO PROVIDE THAT A PERSON WHO BECOMES A MEMBER OF THE NATIONAL GUARD AFTER JUNE 30, 1993, MAY ALSO RECEIVE ADDITIONAL NATIONAL GUARD RETIREMENT BENEFITS PROVIDED BY THE STATE NATIONAL GUARD RETIREMENT SYSTEM UNDER CHAPTER 10 OF TITLE 9 AND TO PROVIDE THAT THE PROVISIONS OF THIS SECTION APPLY TO NATIONAL GUARD PENSION BENEFITS PAYABLE ON OR AFTER JANUARY 1, 2007.
Ordered for consideration tomorrow.
Rep. COOPER, from the Committee on Ways and Means, submitted a favorable report on:
H. 4876 (Word version) -- Reps. Cooper and Cotty: A BILL TO AMEND SECTIONS 9-1-1020, 9-1-1620, 9-1-1680, AND 9-1-1970, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA RETIREMENT SYSTEM; BY ADDING SECTIONS 9-1-1625, 9-1-1665, 9-1-1975, AND 9-1-1980 SO AS TO COMPLY WITH THE QUALIFICATION REQUIREMENTS OF THE INTERNAL REVENUE CODE FOR THIS RETIREMENT SYSTEM WITH REGARD TO EMPLOYEE BENEFITS, EMPLOYER CONTRIBUTIONS, AND OTHER RELATED MATTERS PERTAINING TO PARTICIPATION IN AND PROCEDURES FOR THIS SYSTEM; TO AMEND SECTIONS 9-8-130, 9-8-190, BOTH AS AMENDED, AND 9-8-240, RELATING TO THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS; BY ADDING SECTIONS 9-8-245, 9-8-250, 9-8-260, AND 9-8-270 SO AS TO COMPLY WITH THE QUALIFICATION REQUIREMENTS OF THE INTERNAL REVENUE CODE FOR THIS SYSTEM WITH REGARD TO EMPLOYEE BENEFITS, EMPLOYER CONTRIBUTIONS, AND OTHER RELATED MATTERS PERTAINING TO PARTICIPATION IN AND PROCEDURES FOR THIS SYSTEM; TO AMEND SECTIONS 9-9-70, AS AMENDED, 9-9-120, 9-9-180, AS AMENDED, AND 9-9-240, RELATING TO THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY; BY ADDING SECTIONS 9-9-245, 9-9-250, 9-9-255, AND 9-9-260 SO AS TO COMPLY WITH THE QUALIFICATION REQUIREMENTS OF THE INTERNAL REVENUE CODE FOR THIS RETIREMENT SYSTEM WITH REGARD TO EMPLOYEE BENEFITS, EMPLOYER CONTRIBUTIONS, AND OTHER RELATED MATTERS PERTAINING TO PARTICIPATION IN AND PROCEDURES FOR THIS SYSTEM; TO AMEND SECTIONS 9-11-150, 9-11-210, 9-11-270, ALL AS AMENDED, AND 9-11-350, RELATING TO THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM; BY ADDING SECTIONS 9-11-155, 9-11-175, 9-11-355, AND 9-11-360 SO AS TO COMPLY WITH THE QUALIFICATION REQUIREMENTS OF THE INTERNAL REVENUE CODE FOR THIS RETIREMENT SYSTEM WITH REGARD TO EMPLOYEE BENEFITS, EMPLOYER CONTRIBUTIONS, AND OTHER RELATED MATTERS PERTAINING TO PARTICIPATION IN AND PROCEDURES FOR THIS SYSTEM; TO AMEND SECTION 9-16-20, AS AMENDED, RELATING TO THE INVESTMENT OF ASSETS OF THE SOUTH CAROLINA RETIREMENT SYSTEMS, SO AS TO COMPLY WITH THE QUALIFICATION REQUIREMENTS OF THE INTERNAL REVENUE CODE; TO AMEND TITLE 9 BY ADDING CHAPTER 12 SO AS TO PROVIDE FOR QUALIFIED EXCESS BENEFIT ARRANGEMENTS; TO AMEND SECTIONS 9-1-10, 9-1-1140, AND 9-1-1620, ALL AS AMENDED, RELATING TO THE SOUTH CAROLINA RETIREMENT SYSTEMS; BY ADDING SECTIONS 9-1-320, 9-1-1135, AND 9-1-1775 SO AS TO CODIFY CERTAIN REGULATIONS TO FURTHER IDENTIFY THE PLAN DOCUMENT FOR COMPLIANCE WITH THE QUALIFICATION REQUIREMENTS OF THE INTERNAL REVENUE CODE FOR THIS RETIREMENT SYSTEM; TO AMEND SECTION 9-8-70, AS AMENDED, RELATING TO THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS; BY ADDING SECTIONS 9-8-35 AND 9-8-185 SO AS TO CODIFY CERTAIN REGULATIONS TO FURTHER IDENTIFY THE PLAN DOCUMENT FOR COMPLIANCE WITH THE QUALIFICATION REQUIREMENTS OF THE INTERNAL REVENUE CODE FOR THIS RETIREMENT SYSTEM; TO AMEND SECTION 9-9-70, AS AMENDED, RELATING TO THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY; BY ADDING SECTIONS 9-9-31 AND 9-9-175 TO FURTHER IDENTIFY THE PLAN DOCUMENT FOR COMPLIANCE WITH THE REQUIREMENTS OF THE INTERNAL REVENUE CODE FOR THIS SYSTEM; TO AMEND SECTIONS 9-11-50 AND 9-11-150, BOTH AS AMENDED, RELATING TO THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM; BY ADDING SECTIONS 9-11-35, 9-11-125, AND 9-11-265 SO AS TO CODIFY CERTAIN REGULATIONS TO FURTHER IDENTIFY THE PLAN DOCUMENT FOR COMPLIANCE WITH THE QUALIFICATION REQUIREMENTS OF THE INTERNAL REVENUE CODE FOR THIS RETIREMENT SYSTEM; AND TO PROVIDE THAT UPON THE EFFECTIVE DATE OF THIS ACT, REGULATIONS 19-900 THROUGH 19-997 OF THE SOUTH CAROLINA CODE OF REGULATIONS SHALL HAVE NO APPLICATION TO THE OPERATION OF TITLE 9 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Rep. COOPER, from the Committee on Ways and Means, submitted a favorable report on:
H. 4673 (Word version) -- Reps. Cooper, White, E. H. Pitts, Toole and Mahaffey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-9-61 SO AS TO PROVIDE FOR THE AWARDING OF AN ANNUAL COST-OF-LIVING INCREASE IN BENEFITS PAYABLE BY THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY USING THE FORMULA AND CRITERIA FOR CALCULATING SUCH INCREASES USED IN THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM; TO AMEND SECTION 9-1-1810, AS AMENDED, RELATING TO THE AWARD OF ANNUAL COST-OF-LIVING INCREASES IN BENEFITS PAID BY THE SOUTH CAROLINA RETIREMENT SYSTEM TO REFLECT INCREASES IN THE CONSUMER PRICE INDEX, SO AS TO INCREASE FROM ONE PERCENT TO TWO PERCENT THE GUARANTEED ANNUAL ADJUSTMENT AND TO REVISE THE CRITERIA WHICH MUST BE MET BEFORE FURTHER INCREASES MAY BE AWARDED SUBJECT TO THE CURRENT OVERALL FOUR PERCENT LIMIT ON ANNUAL COST-OF-LIVING INCREASES; TO AMEND SECTION 9-9-60, AS AMENDED, RELATING TO RETIREMENT UNDER AND RETIREMENT BENEFITS PAID BY THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, SO AS TO REFERENCE THE COST-OF-LIVING ADJUSTMENT IN THOSE BENEFITS PAYABLE PURSUANT TO SECTION 9-9-61 OF THE 1976 CODE AS ADDED BY THIS ACT AND TO FURTHER DEFINE "EARNABLE COMPENSATION" FOR PURPOSES OF THAT SYSTEM; TO AMEND SECTION 9-11-310, AS AMENDED, RELATING TO THE AWARD OF AN ANNUAL COST-OF-LIVING INCREASE IN BENEFITS PAID BY THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM TO REFLECT INCREASES IN THE CONSUMER PRICE INDEX, SO AS TO PROVIDE A GUARANTEED TWO PERCENT ANNUAL ADJUSTMENT AND TO REVISE THE CRITERIA WHICH MUST BE MET BEFORE FURTHER INCREASES MAY BE AWARDED SUBJECT TO THE CURRENT OVERALL FOUR PERCENT LIMIT ON ANNUAL COST-OF-LIVING INCREASES, TO MAKE THE PROVISIONS OF THIS ACT UNSEVERABLE, AND TO PROVIDE THE ACTIONS REQUIRED BY THE STATE BUDGET AND CONTROL BOARD FOR THIS ACT TO BECOME EFFECTIVE.
Ordered for consideration tomorrow.
Rep. COOPER, from the Committee on Ways and Means, submitted a favorable report with amendments on:
S. 463 (Word version) -- Senators Leatherman, Alexander, Verdin, Short, Setzler, Vaughn and Elliott: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 16, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO BENEFITS AND FUNDING OF PUBLIC EMPLOYEE PENSION PLANS IN THIS STATE AND THE INVESTMENTS ALLOWED FOR FUNDS OF THE VARIOUS STATE-OPERATED RETIREMENT SYSTEMS, SO AS TO PROVIDE THAT THE FUNDS OF ANY TRUST FUND ESTABLISHED BY LAW FOR THE FUNDING OF POST-EMPLOYMENT BENEFITS FOR STATE EMPLOYEES AND PUBLIC SCHOOL TEACHERS MAY BE INVESTED AND REINVESTED IN EQUITY SECURITIES SUBJECT TO THE SAME LIMITATIONS ON SUCH INVESTMENTS APPLICABLE FOR THE FUNDS OF THE VARIOUS STATE-OPERATED RETIREMENT SYSTEMS.
Ordered for consideration tomorrow.
Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:
S. 368 (Word version) -- Senators Ritchie, McConnell, Courson, Leventis, Martin, Hayes, Gregory, Richardson, Malloy, Sheheen, Campsen, Cleary, Setzler and Alexander: A BILL TO AMEND SECTION 1-11-220 OF THE 1976 CODE, RELATING TO THE FLEET MANAGEMENT PROGRAM, TO PROVIDE THAT THE PROGRAM SHALL SEEK TO IMPROVE ENVIRONMENTAL QUALITY BY DECREASING THE DISCHARGE OF POLLUTANTS; AND TO AMEND SECTION 1-11-310, RELATING TO THE ACQUISITION OF THE STATE FLEET, TO PROVIDE THAT PREFERENCE MUST BE GIVEN TO HYBRID, PLUG-IN HYBRID, BIO-DIESEL OR FLEX-FUEL VEHICLES WHEN A COMPARABLE PRICE AND QUALITY IS AVAILABLE.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3058 (Word version) -- Reps. W. D. Smith, Haskins, Young, G. R. Smith, Cobb-Hunter, Kirsh, Mahaffey, Sandifer and Brady: A BILL TO AMEND SECTION 16-25-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF CRIMINAL DOMESTIC VIOLENCE, SO AS TO ADD THAT CRIMINAL DOMESTIC VIOLENCE CONVICTIONS IN OTHER STATES ARE TO BE CONSIDERED WHEN DETERMINING A PREVIOUS CONVICTION FOR PURPOSES OF ENHANCING THE PENALTY.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
H. 4067 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 12-24-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEED RECORDING FEE, SO AS TO EXEMPT A DEED TRANSFERRING REAL PROPERTY FROM A TRUST TO A TRUST DISTRIBUTEE UPON THE DEATH OF THE SETTLOR UPON CERTAIN CONDITIONS.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
H. 4725 (Word version) -- Reps. Harrell, Scarborough, Harrison, Merrill, Clemmons, Haley and Cotty: A BILL TO AMEND SECTION 7-13-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BALLOT STANDARDS AND SPECIFICATIONS, SO AS TO PROVIDE THAT THE NAME OF EACH CANDIDATE SHALL APPEAR ON A BALLOT NO MORE THAN ONE TIME, AND IF A CANDIDATE IS NOMINATED BY MULTIPLE PARTIES OR PETITIONS, THE NAME OF EACH PARTY OR PETITION NOMINATING THE CANDIDATE MUST BE LISTED UNDER THE CANDIDATE'S NAME.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
S. 14 (Word version) -- Senators Hayes, Campsen, Vaughn, Mescher, Knotts, Verdin, Alexander, Lourie and Malloy: A BILL TO AMEND SECTION 7-13-770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN UNAUTHORIZED PERSON NOT ALLOWED WITHIN THE GUARD RAIL OF A VOTING BOOTH, TO AUTHORIZE A DEPENDENT CHILD OF A QUALIFIED ELECTOR TO ACCOMPANY THE QUALIFIED ELECTOR IN THE VOTING BOOTH WHILE HE IS CASTING HIS BALLOT.
Ordered for consideration tomorrow.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4930 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND SECTION 16-17-680, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL PURCHASE OF COPPER, SO AS TO PROVIDE THAT THE PURCHASER OF CERTAIN METALS FROM A PERSON WHO IS NOT AN AUTHORIZED RETAILER OR WHOLESALER MUST PAY BY CHECK OR MONEY ORDER, OBTAIN THE SELLER'S IDENTIFICATION NUMBER AND LICENSE PLATE, AND MAINTAIN THE RECORD FOR FIVE YEARS; AND BY ADDING SECTION 16-11-523, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO WILFULLY AND MALICIOUSLY CUT, MUTILATE, OR DEFACE REAL PROPERTY FOR THE PURPOSE OF OBTAINING CERTAIN METALS, TO PROVIDE PENALTIES, AND TO PROVIDE CIVIL LIABILITY FOR THE VICTIMS OF THE ATTEMPTED THEFT OF CERTAIN METALS.
Referred to Committee on Judiciary
H. 4931 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO NONPUBLIC POSTSECONDARY INSTITUTION LICENSING, USE OF SURETY BOND FUNDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3170, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
H. 4932 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO LICENSING CRITERIA, DESIGNATED AS REGULATION DOCUMENT NUMBER 3129, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
H. 4933 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO FREE TUITION FOR RESIDENTS SIXTY YEARS OF AGE, DESIGNATED AS REGULATION DOCUMENT NUMBER 3143, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
H. 4934 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO SCHOOL-TO-WORK TRANSITION ACT, DESIGNATED AS REGULATION DOCUMENT NUMBER 3137, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
H. 4935 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO FREE TEXTBOOKS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3138, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
H. 4936 (Word version) -- Reps. Bedingfield, Bannister, Shoopman, Leach, Merrill, G. R. Smith, Mulvaney, Ballentine, Crawford, Erickson, Cato, Clemmons, Hamilton, Herbkersman, Owens and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-100 SO AS TO PERMIT HOME SCHOOL STUDENTS TO PARTICIPATE IN INTERSCHOLASTIC ACTIVITIES OF THE SCHOOL DISTRICT IN WHICH THE STUDENT RESIDES PURSUANT TO CERTAIN CONDITIONS.
Referred to Committee on Education and Public Works
H. 4937 (Word version) -- Rep. Scarborough: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 38-72-65, 38-72-67, AND 38-72-69 SO AS TO PROVIDE FOR RESCINDING AND ISSUING LONG TERM CARE INSURANCE POLICIES, AND TO REQUIRE THE LICENSING AND TRAINING OF A PRODUCER OF THESE POLICIES; TO AMEND SECTION 38-72-40, RELATING TO DEFINITIONS CONTAINED IN THE LONG TERM CARE INSURANCE ACT, SO AS TO FURTHER DEFINE "LONG TERM CARE INSURANCE", AND TO DEFINE THE TERM "QUALIFIED LONG TERM CARE INSURANCE CONTRACT" OR "FEDERALLY TAX-QUALIFIED LONG TERM CARE INSURANCE CONTRACT"; TO AMEND SECTION 38-72-60, RELATING TO THE APPROVAL OF REGULATIONS, TERMS, AND CONDITIONS APPLICABLE TO A LONG TERM CARE INSURANCE POLICY AND GROUP POLICY, AND ADVERTISING RESTRICTIONS, SO AS TO PROVIDE THE ELEMENTS OF WHAT THESE POLICIES MAY INCLUDE AND THE CONDITIONS THAT MUST BE MET, AND ADDITIONAL ITEMS THAT MUST BE FURNISHED TO A POLICYHOLDER IN A MONTHLY REPORT; TO AMEND SECTION 38-72-70, RELATING TO THE ADOPTION OF REGULATIONS, SO AS TO AUTHORIZE THE DIRECTOR OF INSURANCE TO ISSUE CERTAIN REGULATIONS TO PROTECT A POLICYHOLDER IF THERE IS A SUBSTANTIAL RATE INCREASE AND ESTABLISH MINIMUM STANDARDS FOR PRODUCER EDUCATION, MARKETING PRACTICES, PENALTIES, AND REPORTING PRACTICES FOR LONG TERM CARE; AND TO AMEND SECTION 38-72-80, RELATING TO THE APPLICATION OF THIS CHAPTER, SO AS TO PROVIDE A SEVERABILITY PROVISION.
Referred to Committee on Labor, Commerce and Industry
H. 4938 (Word version) -- Rep. Scarborough: A BILL TO AMEND SECTION 38-5-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REVOCATION OR SUSPENSION OF LICENSE OF AN INSURER AND ITS OFFICERS AND AGENTS AND THE PUBLICATION OF THE NOTICE, SO AS TO PROVIDE A PROCEDURE FOR AN AGGRIEVED INSURER TO REQUEST A HEARING BEFORE THE DIRECTOR OR HIS DESIGNEE AND PROVIDE RECOURSE THROUGH JUDICIAL REVIEW; TO AMEND SECTION 38-7-90, RELATING TO THE RETALIATORY TAXES, PENALTIES, INTEREST, AND FEES, SO AS TO CLARIFY THAT THE FEES, TAXES, AND OBLIGATIONS MUST BE BASED UPON THE COMPARISON OF THE AGGREGATE REQUIREMENTS IMPOSED BY AND PAID TO THIS STATE TO THE SAME IMPOSED BY AND PAID TO THE OTHER STATE; AND TO AMEND SECTION 38-21-95, RELATING TO THE APPROVAL, CONDITIONS, AND REQUIREMENTS FOR ACQUISITION OF A DOMESTIC INSURER BY A CONTROLLING PRODUCER, SO AS TO REDEFINE A PORTION OF THE DEFINITION OF "CONTROLLING PRODUCER".
Referred to Committee on Labor, Commerce and Industry
H. 4939 (Word version) -- Rep. Scarborough: A BILL TO AMEND SECTION 38-1-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN MATTERS RELATING TO INSURANCE, SO AS TO REDEFINE "ADMITTED ASSETS"; TO AMEND SECTION 38-9-10, RELATING TO CAPITAL AND SURPLUS REQUIRED OF STOCK INSURERS, SO AS TO REQUIRE THE INSURER TO LIST THOSE THAT QUALIFY AS ADMITTED ASSETS ON THE INSURER'S MOST RECENT STATUTORY FINANCIAL STATEMENT FILED WITH THE DEPARTMENT OF INSURANCE; TO AMEND SECTION 38-9-20, RELATING TO THE SURPLUS REQUIRED OF MUTUAL INSURERS, SO AS TO REQUIRE THE INSURER TO LIST THOSE THAT QUALIFY AS ADMITTED ASSETS ON THE INSURER'S MOST RECENT STATUTORY FINANCIAL STATEMENT FILED WITH THE DEPARTMENT OF INSURANCE; TO AMEND SECTION 38-9-210, RELATING TO THE REDUCTION FROM LIABILITY FOR REINSURANCE, SO AS TO REQUIRE A SECURITY TO MEET CERTAIN REQUIREMENTS CONSISTENT WITH THE DEFINITION OF "ADMITTED ASSETS" AS DEFINED IN SECTION 38-1-20 AS AMENDED BY THIS ACT; TO AMEND SECTION 38-10-40, RELATING TO PROTECTED CELL ASSETS, SO AS TO DELETE THE AUTHORIZATION FOR ATTRIBUTABLE ASSET OF A PROTECTED CELL TO BE INVESTED AND REINVESTED WITHOUT REGARD TO THE REQUIREMENTS OF CHAPTER 12, TITLE 38; AND TO AMEND SECTION 38-55-80, RELATING TO LOANS BY AN INSURER TO ITS DIRECTORS OR OFFICERS, SO AS TO DELETE THE LIMITATION ON MORTGAGE LOANS OR RESIDENCES ACQUIRED UNDER THIS SECTION PURSUANT TO THE PROVISIONS OF CHAPTER 12, TITLE 38.
Referred to Committee on Labor, Commerce and Industry
H. 4940 (Word version) -- Rep. Scarborough: A BILL TO AMEND SECTIONS 38-43-70, AS AMENDED, 38-43-75, 38-43-80, AS AMENDED, 38-43-100, 38-43-101, BOTH AS AMENDED, 38-43-102, 38-43-106, 38-43-107, 38-43-110, 38-43-130, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO INSURANCE PRODUCERS AND AGENCIES, SO AS TO PROVIDE THAT UNLESS DENIED LICENSURE A NONRESIDENT PERSON SHALL RECEIVE A NONRESIDENT PRODUCER'S LICENSE WITH THE SAME LINES OF AUTHORITY HELD IN THE PRODUCER'S HOME STATE; TO PROVIDE THAT LIMITED LINE INSURANCE INCLUDES CREDIT INSURANCE; TO PROVIDE FOR THE DEFINITION OF "BIENNIAL APPOINTMENT FEE", PROVIDE FOR THE PAYMENT OF THE FEE IF REJECTED BY A BANK, DELETE THE ADMINISTRATIVE FEE, AND AUTHORIZE PAY OF FEES BY A CREDIT OR DEBIT CARD; TO REQUIRE ALL APPLICANTS FOR A PRODUCER'S LICENSE TAKE AN EXAMINATION AND DELETE THE WAIVER OR EXEMPTION FOR CERTAIN APPLICANTS; TO PROVIDE THAT A PRODUCER MAY NOT TAKE THE SAME CONTINUING EDUCATION COURSE AND CASUALTY-LICENSED INSURANCE PRODUCER COURSE FOR CONTINUING EDUCATION CREDIT MORE THAN ONE TIME IN A BIENNIAL COMPLIANCE PERIOD AND PROVIDE FOR THE NONWAIVER OF CONTINUING EDUCATION REQUIREMENTS; TO PROVIDE THAT INDIVIDUAL LICENSES CONTINUE ON A BIENNIAL BASIS ON THE LICENSEE'S MONTH OF BIRTH; AND TO REDEFINE THE ELEMENTS OF "DECEIVE OR DEALT UNJUSTLY WITH THE CITIZENS OF THE STATE"; TO AMEND SECTIONS 38-45-20, 38-45-30, BOTH AS AMENDED, AND SECTION 38-45-90, ALL RELATING TO BROKERS AND SURPLUS LINES, SO AS TO REQUIRE A PROPERTY AND CASUALTY-LICENSED INSURANCE PRODUCER TO PASS THE SOUTH CAROLINA BROKER LICENSING EXAMINATION IN ORDER TO BE LICENSED AS A BROKER AND TO PROVIDE PAYMENT OF THE BROKER'S PREMIUM TAX; AND TO REPEAL SECTION 38-43-105 RELATING TO EDUCATION REQUIREMENTS FOR LOCAL AND GENERAL PRODUCERS.
Referred to Committee on Labor, Commerce and Industry
H. 4942 (Word version) -- Reps. Cotty, Clemmons, Hagood and E. H. Pitts: A BILL TO AMEND SECTION 12-37-3140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DETERMINING THE FAIR MARKET VALUE OF REAL PROPERTY FOR PURPOSES OF THE SOUTH CAROLINA REAL PROPERTY VALUATION REFORM ACT, SO AS TO POSTPONE THE IMPLEMENTATION OF THE TRANSFER VALUE OF A PARCEL OF REAL PROPERTY UNIMPROVED SINCE THE LAST COUNTYWIDE REASSESSMENT PROGRAM UNTIL THE TIME OF IMPLEMENTATION OF THE NEXT COUNTYWIDE REASSESSMENT PROGRAM AND TO REQUIRE THE FIFTEEN PERCENT LIMIT ON INCREASES IN VALUE TO BE CALCULATED SEPARATELY ON LAND AND IMPROVEMENTS; TO AMEND SECTION 12-37-3150, AS AMENDED, RELATING TO THE TIME AN ASSESSABLE TRANSFER OF INTEREST OCCURS, SO AS TO REVISE THE PENALTY FOR FAILURE TO PROVIDE NOTICE OR FAILURE TO PROVIDE ACCURATE NOTICE TO THE ASSESSING AUTHORITY OF BUSINESS ENTITY TRANSFERS; TO AMEND SECTION 12-43-220, AS AMENDED, RELATING TO THE CLASSIFICATION AND VALUATION OF PROPERTY FOR PURPOSES OF THE PROPERTY TAX, SO AS TO REQUIRE THE DEED TO PROPERTY HELD IN TRUST TO RECITE THE NAME OF THE BENEFICIARY FOR THE PROPERTY TO QUALIFY AS THE BENEFICIARY'S LEGAL RESIDENCE AND REQUIRE SOCIAL SECURITY NUMBERS OF APPLICANTS FOR THE LEGAL RESIDENCE ASSESSMENT RATIO; AND TO AMEND SECTION 40-60-35, RELATING TO CONTINUING EDUCATION REQUIREMENTS FOR ASSESSORS, SO AS TO REVISE THE REQUIREMENT.
Referred to Committee on Ways and Means
The following was introduced:
H. 4941 (Word version) -- Reps. Miller and Anderson: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THOMAS "TOMMY" W. EDWARDS, JR., OF GEORGETOWN COUNTY UPON THE OCCASION OF HIS RETIREMENT AFTER THIRTY-FIVE YEARS OF SERVING THE CITIZENS OF SOUTH CAROLINA IN MUNICIPAL AND COUNTY GOVERNMENT, AND TO WISH HIM SUCCESS IN ALL HIS FUTURE ENDEAVORS.
The Resolution was adopted.
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 Cobb-Hunter Coleman Cooper Cotty Crawford Dantzler Delleney Duncan Edge Erickson Frye Funderburk Gambrell Gullick Hagood Haley Hamilton Hardwick Harrell Hart Harvin Haskins Hayes Herbkersman Hiott Hodges Hosey Howard Hutson Jefferson Kelly Kennedy Kirsh Knight Leach Limehouse Littlejohn Lucas Mack Mahaffey McLeod Merrill Miller Moss Mulvaney J. M. Neal Ott Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Rice Sandifer Scarborough Scott Sellers Shoopman D. C. Smith F. N. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Spires Stavrinakis Talley Taylor Thompson Toole Umphlett Vick Walker Weeks Whipper White Whitmire Williams Young
I came in after the roll call and was present for the Session on Wednesday, April 2.
William Witherspoon Denny Neilson Phillip Lowe Dwight Loftis Ralph Davenport Chip Huggins Gary Simrill Joseph Neal James Battle Todd Rutherford Jerry Govan James Harrison Thad Viers Harold Mitchell
The SPEAKER granted Rep. SKELTON a leave of absence to attend a funeral.
The SPEAKER granted Rep. MOODY-LAWRENCE a leave of absence for the day.
Rep. VIERS 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, April 1.
Rep. FRYE presented to the House the W. Wyman King Academy "Knights" Sporting Clays Team, the 2007 South Carolina Independent School Association Class A Champions, their coaches and other school officials.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 4320 (Word version)
Date: ADD:
04/02/08 R. BROWN
Bill Number: H. 4320 (Word version)
Date: ADD:
04/02/08 HOSEY
Bill Number: H. 4451 (Word version)
Date: ADD:
04/02/08 WALKER
Bill Number: H. 4520 (Word version)
Date: ADD:
04/02/08 HOSEY
Bill Number: H. 4520 (Word version)
Date: ADD:
04/02/08 MITCHELL
Bill Number: H. 4745 (Word version)
Date: ADD:
04/02/08 MILLER
Bill Number: H. 4745 (Word version)
Date: ADD:
04/02/08 HARVIN
Bill Number: H. 4745 (Word version)
Date: ADD:
04/02/08 BINGHAM
Bill Number: H. 4757 (Word version)
Date: ADD:
04/02/08 COTTY
Bill Number: H. 4798 (Word version)
Date: ADD:
04/02/08 TALLEY
Bill Number: H. 4798 (Word version)
Date: ADD:
04/02/08 HAMILTON
Bill Number: H. 4798 (Word version)
Date: ADD:
04/02/08 LEACH
Bill Number: H. 4899 (Word version)
Date: ADD:
04/02/08 MITCHELL
Bill Number: H. 4900 (Word version)
Date: ADD:
04/02/08 HARDWICK
Bill Number: H. 4927 (Word version)
Date: ADD:
04/02/08 BARFIELD
Bill Number: H. 4927 (Word version)
Date: ADD:
04/02/08 WITHERSPOON
Bill Number: H. 4745 (Word version)
Date: ADD:
04/02/08 WITHERSPOON
Bill Number: H. 4550 (Word version)
Date: ADD:
04/02/08 LEACH
Bill Number: H. 4745 (Word version)
Date: ADD:
04/02/08 HASKINS
Bill Number: H. 4592 (Word version)
Date: ADD:
04/02/08 COTTY
Bill Number: H. 4594 (Word version)
Date: ADD:
04/02/08 COTTY
Bill Number: H. 4595 (Word version)
Date: ADD:
04/02/08 COTTY
Bill Number: H. 4586 (Word version)
Date: ADD:
04/02/08 COTTY
Bill Number: H. 4610 (Word version)
Date: ADD:
04/02/08 COTTY
Bill Number: H. 4615 (Word version)
Date: ADD:
04/02/08 COTTY
Bill Number: H. 4725 (Word version)
Date: ADD:
04/02/08 COTTY
Bill Number: H. 4745 (Word version)
Date: ADD:
04/02/08 THOMPSON
Bill Number: H. 4876 (Word version)
Date: ADD:
04/02/08 COTTY
Bill Number: H. 4824 (Word version)
Date: ADD:
04/02/08 COTTY
Bill Number: H. 4864 (Word version)
Date: ADD:
04/02/08 COTTY
Bill Number: H. 4886 (Word version)
Date: ADD:
04/02/08 COTTY
Bill Number: H. 4887 (Word version)
Date: ADD:
04/02/08 COTTY
Bill Number: H. 4745 (Word version)
Date: ADD:
04/02/08 MERRILL
Bill Number: H. 4650 (Word version)
Date: ADD:
04/02/08 E. H. PITTS
Bill Number: H. 4745 (Word version)
Date: ADD:
04/02/08 BRADY
Bill Number: H. 4745 (Word version)
Date: ADD:
04/02/08 SANDIFER
Bill Number: H. 4745 (Word version)
Date: ADD:
04/02/08 WEEKS
Bill Number: H. 4745 (Word version)
Date: ADD:
04/02/08 SCOTT
Bill Number: H. 4745 (Word version)
Date: ADD:
04/02/08 DUNCAN
The following Joint Resolution was taken up:
S. 1229 (Word version) -- Senator Leventis: A JOINT RESOLUTION TO PROVIDE THAT UNTIL JULY 1, 2011, THE BOARDS OF TRUSTEES OF SUMTER COUNTY SCHOOL DISTRICTS 2 AND 17 MAY NOT ENTER INTO CONTRACTS TO CONSTRUCT BUILDINGS OR OTHERWISE IMPROVE REAL PROPERTY AT A COST OF FIVE HUNDRED THOUSAND DOLLARS OR MORE WITHOUT THE APPROVAL OF THE SUMTER CONSOLIDATION TRANSITION COMMITTEE.
Rep. G. M. SMITH proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20619SD08), which was adopted:
Amend the joint resolution, as and if amended, by adding a new paragraph at the end of SECTION 1 to read:
/ Multiple contracts on the same project which are individually less than five hundred thousand dollars but which collectively total or will total over five hundred thousand dollars also require Transition Committee approval as provided in this section. /
Renumber sections to conform.
Amend title to conform.
The amendment was then adopted.
The Joint Resolution, as amended, was read the second time and ordered to third reading.
The following Bills were taken up, read the third time, and ordered sent to the Senate:
H. 4243 (Word version) -- Reps. Kelly, F. N. Smith, Simrill, Shoopman, Leach, Limehouse, M. A. Pitts, Rutherford, Scarborough, Witherspoon, Neilson, Owens and Vick: A BILL TO AMEND SECTION 10-11-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CARRYING OR DISCHARGING OF A FIREARM OR USE OF A DANGEROUS WEAPON UPON THE CAPITOL GROUNDS OR WITHIN THE CAPITOL BUILDING, SO AS TO PROVIDE THAT THIS PROVISION DOES NOT APPLY TO MEMBERS OF THE GENERAL ASSEMBLY WHO POSSESS A CONCEALABLE WEAPONS' PERMIT; TO AMEND SECTION 16-23-420, AS AMENDED, RELATING TO THE CARRYING OR DISPLAYING OF A FIREARM IN A PUBLIC BUILDING OR AN AREA ADJACENT TO IT, SO AS TO PROVIDE THAT A MEMBER OF THE GENERAL ASSEMBLY LAWFULLY MAY CARRY A FIREARM ON PROPERTY OWNED, OPERATED, OR CONTROLLED BY CERTAIN PUBLIC AND PRIVATE EDUCATIONAL INSTITUTIONS; AND TO AMEND SECTION 23-31-240, RELATING TO A LIST OF PERSONS WHO ARE ALLOWED TO CARRY A CONCEALABLE WEAPON WHEN PERFORMING THE DUTIES OF THEIR OFFICE, SO AS TO INCLUDE MEMBERS OF THE GENERAL ASSEMBLY AMONG THIS LIST OF PERSONS.
In regards to H. 4243, I have always been a strong supporter of second amendment rights and certainly I would never be in favor of any legislation that would curb the right of any American to bear arms. Having said that, this legislation is more about special treatment for a select few, in this case legislators, and I cannot support any move to single out lawmakers for preferential treatment.
Frankly, creating classes of citizens with respect to the second amendment could ultimately lead to the erosion of our second amendment rights.
Rep. Nathan Ballentine
H. 4529 (Word version) -- Reps. Weeks, Whipper and R. Brown: 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.
H. 4896 (Word version) -- Reps. Cooper, Rice, White, Sandifer, Thompson, Owens, Agnew, Gambrell, Whitmire, Hiott, Bowen and Skelton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-53-290 SO AS TO PROVIDE THAT THE AREA COMMISSION OF TRI-COUNTY TECHNICAL COLLEGE MAY ENTER INTO GROUND LEASE AGREEMENTS WITH PRIVATE ENTITIES UPON APPROVAL OF THE STATE BUDGET AND CONTROL BOARD.
The following Bills 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. 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.
S. 883 (Word version) -- Senators Cleary and Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-105 SO AS TO PROVIDE THAT THE TWELFTH DAY OF MAY OF EACH YEAR IS DESIGNATED AS "FIBROMYALGIA AWARENESS DAY" TO EDUCATE EMPLOYERS, PHYSICIANS, AND CITIZENS OF SOUTH CAROLINA OF THE DEBILITATING EFFECTS OF FIBROMYALGIA.
Rep. MERRILL moved to adjourn debate upon the following Bill until Thursday, April 3, 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, Spires, Whipper, R. Brown, Hosey and Mitchell: 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.
The following Bill was taken up:
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.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\5462CM08):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 56-1-720 of the 1976 Code is amended to read:
"Section 56-1-720. There is established a point system for the evaluation of the operating record of persons to whom a license to operate motor vehicles has been granted and for the determination of the continuing qualifications of these persons for the privileges granted by the license to operate motor vehicles. The system shall have as its basic element a graduated scale of points assigning relative values to the various violations in accordance with the following schedule:
VIOLATION POINTS
Reckless driving ................................................................. 6
Passing stopped school bus ................................................ 6
Hit-and-run, property damages only .................................. 6
Driving too fast for conditions, or speeding:
(1) No more than 10 m.p.h. above the
posted limits ................................................................ 2
(2) More than 10 m.p.h. but less than 25 m.p.h. above
the posted limits .................................................................. 4
(3) 25 m.p.h. or above the posted limits ........................ 6
Disobedience of any official traffic control
device ................................................................................ 4
Disobedience to officer directing traffic ............................. 4
Failing to yield right of way ............................................... 4
Driving on wrong side of road ............................................ 4
Passing unlawfully .............................................................. 4
Turning unlawfully ............................................................. 4
Driving through or within safety zone ................................ 4
Failing to give signal or giving improper
signal for stopping, turning, or suddenly
decreased speed ................................................................. 4
Improper operation of a vehicle when approaching a stationary
emergency vehicle .............................................................. 4
Shifting lanes without safety precaution ............................. 2
Improper dangerous parking ............................................... 2
Following too closely .......................................................... 4
Failing to dim lights ............................................................ 2
Operating with improper lights ........................................... 2
Operating with improper brakes .......................................... 4
Operating a vehicle in unsafe condition .............................. 2
Driving in improper lane ..................................................... 2
Improper backing ................................................................ 2"
SECTION 2. Section 56-5-1538 of the 1976 Code is amended to read:
"Section 56-5-1538. (A) An emergency scene is a any location designated by the potential need to provide fire services, emergency medical care, official law enforcement duties, or rescue, recovery and towing operations. and is An emergency scene is identified by emergency vehicles with flashing lights, rescue equipment, or emergency personnel on the scene.
(B) An emergency scene is a special hazard that requires reduced speed and additional caution by all drivers approaching and entering it.
(C) An emergency scene is under the authority of the first arriving emergency personnel, which includes emergency medical services personnel, until the arrival of the fire or law enforcement officials having jurisdiction. All motor vehicles passing through an emergency scene and pedestrians observing an emergency scene must obey and not interfere with the duties of emergency personnel. Motor vehicles and bystanders may not block access to or exit from an emergency scene.
(D) The management authority of emergency medical services is limited to managing patient care and preventing further injury to the patients and on-scene personnel. This authority may be delegated by emergency personnel to provide an adequate level of safety.
(E) A paid or volunteer worker at an emergency scene has proper authority to be at and control the scene in a manner consistent with his training. This subsection does not relieve this person from the duty to drive while exercising due regard for the safety of all persons using the highway.
(F) The driver of a vehicle shall ensure that the vehicle is kept under control and shall reduce his speed and be prepared to stop when approaching or passing an emergency scene or authorized emergency vehicle stopped on or near the right-of-way of a street or highway with emergency lights flashing. The exercise of control required for a driver to comply with this section is that control possible and necessary by the driver to prevent a collision, to prevent injury to persons or property, and to avoid interference with the performance of emergency duties by emergency personnel.
(G) A person driving a vehicle approaching a stationary authorized emergency vehicle that is giving a signal by displaying alternately flashing red, red and white, blue, or red and blue lights, or amber or yellow warning lights shall proceed with due caution, significantly reduce the speed of the vehicle, and:
(1) yield the right-of-way by making a lane change into a lane not adjacent to that of the authorized emergency vehicle, if possible with due regard to safety and traffic conditions, if on a highway having at least four lanes with not less than two lanes proceeding in the same direction as the approaching vehicle; or
(2) maintain a safe speed for road conditions, if changing lanes is impossible or unsafe.
(H)(1) A person who violates the provisions of this section is guilty of the misdemeanor of endangering emergency services personnel improper operation of a motor vehicle when approaching a stationary emergency vehicle and, upon conviction, must be fined not less more than three hundred dollars nor more than five hundred dollars and have four points assessed against his driving record for the first offense.
(2) For a second or subsequent violation of this section, if the second or subsequent violation occurs within ten years of the previous violation of this section, the person is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand dollars or imprisoned not more than two years. However, instead of imprisonment, the court may provide for not more than forty-eight hours of public service employment.
(3) If a person violates this section and causes serious injury or death to a law enforcement officer, firefighter, emergency vehicle operator, or any other emergency response person in the immediate area of the authorized emergency vehicle, he is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned for not more than ten years.
(I) For purposes of this section:
(1) 'Authorized emergency vehicle' means any ambulance, police, fire, rescue, recovery, or towing vehicle authorized by this State, county, or municipality to respond to a traffic incident.
(2) 'Emergency services personnel' means fire, police, or emergency medical services personnel (EMS) responding to an emergency incident."
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. G. M. SMITH explained the amendment.
Rep. OTT moved to adjourn debate on the Bill until Thursday, April 3, which was agreed to.
The following Bill was taken up:
H. 4585 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND SECTION 61-6-4160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON SUNDAY SALES OF ALCOHOLIC LIQUORS AND STATEWIDE ELECTION DAY SALES OF ALCOHOLIC LIQUORS, SO AS TO DELETE THE PROHIBITION ON THE SALE OF ALCOHOLIC LIQUORS ON STATEWIDE ELECTION DAYS.
Reps. LEACH, HAMILTON, G. R. SMITH, BARFIELD, CATO, HASKINS, WALKER, COOPER, D. C. SMITH, J. R. SMITH, BEDINGFIELD, MAHAFFEY, WITHERSPOON, LOFTIS, KENNEDY, ANTHONY, SELLERS, HAYES, VICK, HOSEY, COTTY, AGNEW, THOMPSON and DUNCAN requested debate on the Bill.
Rep. COOPER moved to adjourn debate upon the following Bill until Tuesday, April 8, 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.
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
H. 4899 (Word version) -- Reps. Edge, Ott, Crawford, Whipper, Huggins, Alexander, Anthony, Bales, Barfield, Battle, Bedingfield, Brady, Branham, Cato, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Davenport, Duncan, Erickson, Funderburk, Gambrell, Govan, Gullick, Hardwick, Hayes, Hosey, Jennings, Leach, Limehouse, Mack, Mahaffey, McLeod, Moss, Mulvaney, J. H. Neal, Parks, Perry, Pinson, M. A. Pitts, Rice, Sandifer, Scott, Sellers, Shoopman, Simrill, G. M. Smith, G. R. Smith, W. D. Smith, Stavrinakis, Talley, Taylor, Thompson, Viers, White, Witherspoon and Mitchell: A JOINT RESOLUTION TO CREATE A COMMITTEE TO EXAMINE THE DELIVERY OF BEHAVIORAL HEALTH CARE SERVICES IN SOUTH CAROLINA, AND TO REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY BY JANUARY 1, 2009.
Rep. EDGE explained the Joint Resolution.
S. 1033 (Word version) -- Senators Cromer and Campsen: A BILL TO AMEND ARTICLE 9, CHAPTER 1, TITLE 1 OF THE 1976 CODE, BY ADDING SECTION 1-1-710, TO DESIGNATE THE COLOR INDIGO BLUE AS THE OFFICIAL COLOR OF THE STATE OF SOUTH CAROLINA.
H. 4926 (Word version) -- Rep. Funderburk: A BILL TO AMEND SECTION 7-7-340, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN KERSHAW COUNTY, SO AS TO REDESIGNATE A MAP NUMBER ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
The following Bill was taken up:
H. 4157 (Word version) -- Reps. Stewart, Taylor, D. C. Smith, Hart, Gullick, Bedingfield, Toole, Hardwick, Young, Simrill, G. M. Smith, Weeks, Williams, Erickson, Umphlett, Moss, Clemmons, Vick, J. R. Smith and Hagood: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 77 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE "MILITARY VETERANS MOTORCYCLE" SPECIAL LICENSE PLATES.
Rep. WALKER made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 4320 (Word version) -- Reps. Whipper, Clyburn, R. Brown and Hosey: A BILL TO AMEND SECTION 59-63-31, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS FOR ATTENDANCE AT PUBLIC SCHOOLS, SO AS TO ADD THE RESIDENCE OF A CHILD IN A PARTICULAR SCHOOL DISTRICT AS A RESULT OF A PARENT'S OR LEGAL GUARDIAN'S MILITARY DEPLOYMENT.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20618SD08), which was adopted:
Amend the bill, as and if amended, by striking Section 59-63-31-(A)(1)(c)(vi) of the 1976 Code, as contained in SECTION 1, and inserting:
/( vi) parent's or legal guardian's military deployment or call to active duty more than seventy miles from his residence for a period greater than sixty days; provided, however, that if the child's parent or legal guardian returns from such military deployment or active duty prior to the end of the school year, the child may finish that school year in the school he attends without charge even if the child resides in another school district for the remainder of the school year due to his parent or legal guardian returning home./
Amend the bill further, as and if amended, by adding a new SECTION appropriately numbered to read:
/SECTION ____. Chapter 63, Title 59 of the 1976 Code is amended by adding:
"Section 59-63-35. Nonresident military personnel may enroll in a program designed to award a South Carolina high school diploma. However, neither the State nor local districts shall be required to bear the cost for any nonresident military personnel enrolled in these programs."/
Renumber sections to conform.
Amend title to conform.
Rep. WHITMIRE explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. CATO, with unanimous consent, the following Bill was ordered recalled from the Committee on Labor, Commerce and Industry and was referred to the Committee on Medical, Military, Public and Municipal Affairs:
S. 669 (Word version) -- Senator Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-7-465 SO AS TO PROVIDE THAT ALL INSURERS THAT ARE RESPONSIBLE FOR PAYMENT OF A CLAIM FOR A HEALTH CARE ITEM OR SERVICE AS A CONDITION OF DOING BUSINESS IN THIS STATE SHALL PROVIDE INFORMATION TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES ON INDIVIDUALS WHO RECEIVE MEDICAL ASSISTANCE UNDER THE STATE PLAN, SHALL ACCEPT THE STATE'S RIGHT OF RECOVERY OF CERTAIN PAYMENTS MADE UNDER THE STATE PLAN, SHALL RESPOND TO CLAIMS, AND SHALL AGREE NOT TO DENY CLAIMS ON THE BASIS OF THE TIME THE CLAIM WAS FILED, IF TIMELY FILED, THE FORMAT OF THE CLAIM FORM, OR FAILURE TO PRESENT DOCUMENTATION AT THE POINT OF SALE THAT IS THE BASIS OF THE CLAIM.
On motion of Rep. CATO, with unanimous consent, the following Bill was ordered recalled from the Committee on Labor, Commerce and Industry and was referred to the Committee on Medical, Military, Public and Municipal Affairs:
H. 4719 (Word version) -- Rep. Huggins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-7-465 SO AS TO IMPOSE REQUIREMENTS FOR HEALTH INSURANCE ENTITIES RESPONSIBLE FOR PAYMENT OF HEALTH CARE ITEMS OR SERVICES IN THIS STATE; TO AMEND SECTION 43-7-410, AS AMENDED, RELATING TO CERTAIN DEFINITIONS, SO AS TO CHANGE THE TERM "COMMISSION" TO "DEPARTMENT", TO DEFINE "DEPARTMENT" AS THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES, AND TO CHANGE THE DEFINITION OF "THIRD PARTY" TO INCLUDE A CONTRACTUAL BENEFIT THAT OTHERWISE IS FIRST-PARTY COVERAGE; TO AMEND SECTION 43-7-420, AS AMENDED, RELATING TO ASSIGNMENT OF RIGHTS TO THE DEPARTMENT TO RECOVER AN AMOUNT PAID BY MEDICAID TO A THIRD PARTY, SO AS TO PROVIDE THAT PAYMENT OF MEDICAL ASSISTANCE BY MEDICAID CONSTITUTES EVIDENCE OF RECEIPT BY THE BENEFICIARY OF INFORMATION EXPLAINING HIS ASSIGNMENT OF RIGHTS; TO AMEND SECTION 43-7-430, AS AMENDED, RELATING TO SUBROGATION TO THE DEPARTMENT OF RIGHT TO RECOVER FROM A THIRD PARTY, SO AS TO MAKE CONFORMING CHANGES; TO AMEND SECTION 43-7-440, AS AMENDED, RELATING TO ENFORCEMENT OF THE DEPARTMENT'S RIGHTS, SO AS TO MAKE CONFORMING CHANGES; TO AMEND SECTION 43-7-460, AS AMENDED, RELATING TO RECOVERY OF MEDICAL ASSISTANCE PAID FROM CERTAIN ESTATES, SO AS TO REPLACE THE TERM "INSTITUTIONALIZED" WITH REFERENCES TO TYPES OF CARE FOR WHICH RECOVERY CAN BE MADE, TO CHANGE THE HOMESTEAD EXEMPTION TO FIFTY PERCENT OF THE AVERAGE HOME VALUE IN THE COUNTY WHERE THE HOME IS SITUATED, TO IMPOSE A TIME LIMIT ON UNDUE HARDSHIP WAIVERS, TO DEFINE THE TERMS "CHILD", "DISABLED CHILD", AND "GOOD CAUSE", TO REQUIRE A PROBATE COURT OF COMPETENT JURISDICTION AND PERSONAL REPRESENTATIVE OF THE ESTATE OF A NURSING HOME PATIENT WHO DIED IN A NURSING HOME TO NOTIFY THE DEPARTMENT OF THE PATIENT'S DEATH; AND TO MAKE CONFORMING CHANGES AND CORRECT ARCANE LANGUAGE.
Rep. KENNEDY asked unanimous consent to recall H. 3262 (Word version) from the Committee on Education and Public Works.
Rep. WALKER objected.
Rep. BEDINGFIELD asked unanimous consent to recall H. 3679 (Word version) from the Committee on Judiciary.
Rep. MERRILL objected.
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. EDGE explained the Senate Amendments.
The Senate Amendments were concurred in and a message was ordered sent to the Senate accordingly.
Rep. SCOTT moved to adjourn debate upon the following Joint Resolution until Thursday, April 3, 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 following Concurrent Resolution was taken up:
S. 959 (Word version) -- Senators Elliott, Rankin, Cleary and McGill: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE MAIN STREET CONNECTOR BRIDGE THAT CROSSES THE INTRACOASTAL WATERWAY IN HORRY COUNTY IN HONOR OF J. BRYAN FLOYD AND TO INSTALL APPROPRIATE MARKERS OR SIGNS AT THE BRIDGE CONTAINING THE WORDS "J. BRYAN FLOYD BRIDGE".
Whereas, J. Bryan Floyd, a native of Horry County since his birth in 1938, lived in North Myrtle Beach since 1958; and
Whereas, upon graduating from Wofford College on a football scholarship, Mr. Floyd began his career of lifetime service to the City of Ocean Drive and North Myrtle Beach (Ocean Drive became a part of North Myrtle Beach) serving the Ocean Drive City Council and the North Myrtle Beach City Council for twenty-two consecutive years; and
Whereas, he served as Mayor of North Myrtle Beach from 1974-1980 and it was under his administration that the community center on Possum Trot Road was built, as well as the library on 2nd Avenue North; and
Whereas, under his leadership as mayor, the council-manager form of government was adopted for the city and the current Municipal Complex on Bay Street was started; and
Whereas, Mr. Floyd was a member of many local boards including: the Ocean Drive Lions Club serving as its president for several years; the Advisory Board of the South Carolina National Bank, now Wachovia Bank; the Board of Trustees of Loris Heathcare System; and the Board of Trustees of Trinity United Methodist Church; and
Whereas, he was one of the founders of 1st Atlantic Bank of Little River, which later merged with Anchor Bank, and is today a part of Carolina First, serving on the Board of Directors of both 1st Atlantic Bank and Anchor Bank, as well as on the Board of Carolina First; and
Whereas, Mr. Floyd was awarded the Order of the Palmetto by Governor Jim Hodges in 2001 in recognition of his many contributions to the State of South Carolina and the City of North Myrtle Beach; and
Whereas, the members of the General Assembly are proud to honor his contributions to the State of South Carolina by naming one of the local bridges in his honor. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly request that the Department of Transportation name the Main Street connector bridge that crosses the intracoastal waterway in Horry County in honor of J. Bryan Floyd and install appropriate markers or signs at the bridge containing the words "J. Bryan Floyd Bridge".
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation and the family of J. Bryan Floyd.
The Concurrent Resolution was adopted and sent to the Senate.
The following Concurrent Resolution was taken up:
S. 1074 (Word version) -- Senators Malloy and Patterson: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO ERECT APPROPRIATE MARKERS OR SIGNS THAT CONTAIN THE WORDS "ROUND O COMMUNITY" ALONG HIGHWAY 133 IN DARLINGTON COUNTY, BETWEEN THE INTERSECTIONS OF HIGHWAY 524 AND HIGHWAY 41, NEAR THE ROUND O CHURCH.
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly request that the Department of Transportation erect appropriate markers or signs that contain the words "Round O Community" along Highway 133 in Darlington County, between the intersections of Highway 524 and Highway 41, near the Round O Church.
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.
The Concurrent Resolution was adopted and sent to the Senate.
The following Concurrent Resolution was taken up:
S. 1148 (Word version) -- Senator Pinckney: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE LOCATED AT EXIT 33 ALONG INTERSTATE HIGHWAY 95 IN JASPER COUNTY THE "SHERIFF BENJAMIN 'BEN' RILEY INTERCHANGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERCHANGE THAT CONTAIN THE WORDS "SHERIFF BENJAMIN 'BEN' RILEY INTERCHANGE".
Whereas, the members of the South Carolina General Assembly were deeply saddened to learn of the death of Jasper County Sheriff Benjamin "Ben" Riley on August 29, 2007, during the legislative interim; and
Whereas, born on October 1, 1945, in the Jonesville Community of Colleton County, Ben Riley was the son of the late Leola Green Butler and the late Ned Riley; and
Whereas, he was raised in the loving home of his grandparents, Tena R. Green and the late Robert Green, in the Tullifinny Community of what is now known as Point South, and graduated from Jasper High School in Ridgeland in 1964; and
Whereas, on December 21, 1968, he married his beloved Laura Ann Bascom, and they lived in Brooklyn, New York, until they returned to South Carolina in 1972, where they would raise their four daughters; and
Whereas, baptized at a young age at St. Paul Baptist Church in Coosawhatchie, he returned to serve as a member of the usher board, as an ordained deacon beginning in 1978, and eventually as chairman of the board of deacons; and
Whereas, beginning thirty-five years of dedicated public service in 1972 with the South Carolina Highway Department in Jasper County, Ben Riley started his successful career in law enforcement with the Ridgeland Police Department in 1980, and in 1985 he joined the Jasper County Sheriff's Department; and
Whereas, elected sheriff of Jasper County in 1996, he succeeded in law enforcement due in large part to his continued education in that field, including graduation from the South Carolina Criminal Justice Academy and the Federal Bureau of Investigation National Academy in Quantico, Virginia, in 2002, among many others; and
Whereas, Sheriff Riley further served his community as chairman of the Home Mission Union for the Point South area, as a member of Shiloh Lodge number ninety-two, Dedicated Black Men of Jasper County, and the Ridgeland Rotary Club, serving as its president from 2002 to 2003, and his community honored his service with numerous awards; and
Whereas, it is fitting and proper to pay a lasting tribute to this son of South Carolina by naming an interchange along Interstate Highway 95 in his honor. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly request that the Department of Transportation name the interchange located at Exit 33 along Interstate Highway 95 in Jasper County the "Sheriff Benjamin 'Ben' Riley Interchange" and erect appropriate markers or signs at this interchange that contain the words "Sheriff Benjamin 'Ben' Riley 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. OTT.
Rep. HUGGINS moved to adjourn debate upon the following Bill until Wednesday, April 9, which was adopted:
H. 4594 (Word version) -- Reps. Sandifer, Cato, Huggins, McLeod, Toole, Walker, R. Brown, Whipper, Bales, Vick and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-59-35 SO AS TO PROHIBIT A PERSON FROM ENGAGING IN THE BUSINESS OF RESIDENTIAL HEATING AND AIR CONDITIONING CONTRACTING UNLESS LICENSED AS A RESIDENTIAL SPECIALTY CONTRACTOR AND TO PROVIDE EXCEPTIONS; TO PROHIBIT PROVIDING A POTENTIAL BUYER A PROPOSAL FOR SALE OR INSTALLATION OF RESIDENTIAL HEATING AND AIR CONDITIONING, OTHER THAN A WRITTEN ESTIMATE, BEFORE THE SPECIFICATIONS FOR THE SYSTEM HAVE BEEN REVIEWED AND APPROVED BY A LICENSED EMPLOYEE OF THE RETAIL SELLER, OR THE RETAIL SELLER; TO FURTHER SPECIFY CONTRACT REQUIREMENTS FOR THE SALE AND INSTALLATION OF A HEATING AND AIR CONDITIONING SYSTEM; AND TO AUTHORIZE THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO PROMULGATE REGULATIONS ESTABLISHING A CIVIL PENALTY FOR VIOLATIONS.
Rep. EDGE moved to reconsider the vote whereby the following Concurrent Resolution was adopted, which was agreed to:
S. 959 (Word version) -- Senators Elliott, Rankin, Cleary and McGill: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE MAIN STREET CONNECTOR BRIDGE THAT CROSSES THE INTRACOASTAL WATERWAY IN HORRY COUNTY IN HONOR OF J. BRYAN FLOYD AND TO INSTALL APPROPRIATE MARKERS OR SIGNS AT THE BRIDGE CONTAINING THE WORDS "J. BRYAN FLOYD BRIDGE".
Rep. EDGE moved to adjourn debate on the Concurrent Resolution until Thursday, May 15, which was agreed to.
Rep. HART moved to adjourn debate upon the following Bill until Thursday, April 3, 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.
The following Bill was taken up:
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, Knight, Talley and Leach: 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.
Rep. COBB-HUNTER spoke against the Bill.
Rep. COBB-HUNTER proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20622SD08), which was rejected:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Article 25, Chapter 6, Title 12 of the 1976 Code is amended by adding:
"Section 12-6-3630. (A) There is allowed as a credit against the tax imposed pursuant to Section 12-6-510 on a full-year resident individual taxpayer an amount equal to the percentage provided pursuant to subsection (B) of this section of the earned income tax credit (EITC) allowed the taxpayer pursuant to Internal Revenue Code Section 32. If the amount of the credit allowed by this section exceeds the tax imposed on the taxpayer pursuant to Section 12-6-510, the excess must be refunded to the taxpayer.
(B) The credit allowed pursuant to this section is calculated as follows:
Percentage of
Taxable year EITC
2008 10
2009 12.5
2010 15
2011 17.5
After 2011 20
(C) The amount of the earned income tax credit of a taxpayer for any year is limited to the percentage of EITC reflected in subsection (A) above times five million dollars."
SECTION 2. This act takes effect upon approval by the Governor and applies for taxable years beginning after 2007. /
Renumber sections to conform.
Amend title to conform.
Rep. COBB-HUNTER explained the amendment.
Rep. COBB-HUNTER spoke in favor of the amendment.
Rep. DUNCAN spoke against the amendment.
Rep. KENNEDY spoke in favor of the amendment.
Rep. MACK spoke in favor of the amendment.
Rep. MACK continued speaking.
Rep. OTT spoke in favor of the amendment.
Rep. J. H. NEAL spoke in favor of the amendment.
Rep. KENNEDY moved to adjourn debate on the Bill until Wednesday, April 9.
Rep. CRAWFORD moved to table the motion.
Rep. YOUNG demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Ballentine Bannister Barfield Battle Bingham Bowen Brady Cato Chalk Clemmons Clyburn Coleman Cooper Cotty Crawford Dantzler Davenport Delleney Duncan Edge Erickson Frye Gambrell Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Herbkersman Hiott Huggins Hutson Kelly Kirsh Leach Limehouse Littlejohn Loftis Lowe Lucas Mahaffey Merrill Moss Mulvaney J. M. Neal Owens Perry Phillips Pinson E. H. Pitts M. A. Pitts Rice Sandifer Scarborough Shoopman Simrill D. C. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Spires Stavrinakis Talley Taylor Thompson Toole Umphlett Viers Walker White Whitmire Young
Those who voted in the negative are:
Agnew Alexander Allen Anderson Bales Bowers Branham Brantley Breeland G. Brown R. Brown Cobb-Hunter Funderburk Govan Hart Harvin Hayes Hodges Hosey Jefferson Jennings Kennedy Knight Mack McLeod Miller Mitchell J. H. Neal Neilson Ott Parks Scott Sellers F. N. Smith Vick Weeks Williams
So, the motion to adjourn debate was tabled.
The question then recurred to the adoption of the amendment.
Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Alexander Allen Anderson Bales Bowers Branham Brantley Breeland G. Brown R. Brown Clyburn Cobb-Hunter Funderburk Govan Hart Harvin Hayes Hodges Hosey Jefferson Jennings Kennedy Mack McLeod Miller Mitchell J. H. Neal J. M. Neal Neilson Ott Parks Phillips Scott Sellers F. N. Smith Stavrinakis Vick Weeks Williams
Those who voted in the negative are:
Ballentine Bannister Barfield Battle Bedingfield Bingham Bowen Brady Cato Chalk Clemmons Coleman Cooper Cotty Crawford Dantzler Davenport Delleney Duncan Edge Erickson Gambrell Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Herbkersman Hiott Huggins Hutson Kelly Kirsh Leach Limehouse Littlejohn Loftis Lowe Lucas Mahaffey Merrill Moss Mulvaney Owens Perry Pinson E. H. Pitts M. A. Pitts Rice Sandifer Scarborough Shoopman Simrill D. C. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Spires Talley Taylor Thompson Toole Umphlett Viers Walker White Whitmire Witherspoon Young
So, the amendment was rejected.
Rep. MERRILL spoke in favor of the Bill.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Agnew Anderson Bales Ballentine Bannister Barfield Battle Bedingfield Bingham Bowen Bowers Brady Branham G. Brown Cato Chalk Clemmons Clyburn Cooper Cotty Crawford Dantzler Davenport Delleney Duncan Edge Erickson Frye Funderburk Gambrell Govan Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Hart Haskins Hayes Herbkersman Hiott Hodges Hosey Huggins Hutson Jennings Kelly Kirsh Knight Leach Limehouse Littlejohn Loftis Lowe Lucas Mahaffey Merrill Miller Mitchell Moss Mulvaney J. M. Neal Neilson Ott Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Rice Sandifer Scarborough Scott Sellers Shoopman Simrill D. C. Smith F. N. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Spires Stavrinakis Talley Taylor Thompson Toole Umphlett Vick Viers Walker White Whitmire Witherspoon Young
Those who voted in the negative are:
Alexander Allen Brantley Breeland R. Brown Cobb-Hunter Harvin Jefferson Kennedy Mack McLeod J. H. Neal Weeks Williams
So, the Bill was read the second time and ordered to third reading.
Rep. VICK moved that the House do now adjourn, which was agreed to.
At 12:45 p.m., the House in accordance with the motion of Rep. VICK, adjourned to meet at 10:00 a.m. tomorrow.
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