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 29:4: "The voice of the Lord is powerful."
Let us pray. God of gentle power, speak to those who need Your love. Thanks for those whose words have helped us along the way of life. Give us simple words to let others know we care for them as we work together for the good of the people in this State. Bless our Nation, President, State, Governor, Speaker, this Honorable Assembly, and all who serve in these Halls of Government. Protect our defenders of freedom at home and abroad as they protect us. In the name of our Lord. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
The following was received:
April 8, 2008
The Honorable Joseph "Joe" Daning
South Carolina House of Representatives
118 Queensbury Circle
Goose Creek, South Carolina 29445
Dear Joe:
It is with pleasure that I appoint you to serve on the Medical, Military, Public and Municipal Affairs Committee, effective today. I know that you will serve on this committee with honor and distinction.
I look forward to working with you in the coming year. If you have any questions, please do not hesitate to contact me.
Sincerely,
Robert W. Harrell, Jr.
Speaker of the House
Received as information.
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 4959 (Word version) -- Reps. Barfield, Viers, Clemmons, Edge, Hardwick and Witherspoon: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF UNIVERSITY BOULEVARD IN HORRY COUNTY FROM ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 544 TO ITS INTERSECTION WITH UNITED STATES HIGHWAY 501 THE "DR. EDWARD M. 'DICK' SINGLETON HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "DR. EDWARD M. 'DICK' SINGLETON HIGHWAY".
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
H. 4746 (Word version) -- Rep. Bowers: A BILL TO AMEND SECTION 40-29-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA MANUFACTURED HOUSING BOARD, SO AS TO PROVIDE THAT ONE MEMBER OF THE BOARD MUST BE A REPRESENTATIVE OF THE MANUFACTURED HOUSING INDUSTRY FROM A LIST OF CANDIDATES SUBMITTED TO THE GOVERNOR BY THE MANUFACTURED HOUSING INSTITUTE OF SOUTH CAROLINA; TO AMEND SECTION 40-29-20, AS AMENDED, RELATING TO THE DEFINITION OF TERMS USED IN THE LICENSURE AND REGULATION OF THE MANUFACTURED HOUSING INDUSTRY, SO AS TO DEFINE MANUFACTURED HOME APPRENTICE RETAIL SALESPERSON AND TO MAKE TECHNICAL CORRECTIONS; AND TO AMEND SECTION 40-29-200, AS AMENDED, RELATING TO LICENSURE REQUIREMENTS, SO AS TO PROVIDE REQUIREMENTS FOR AN APPRENTICE SALESPERSON LICENSE.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
H. 4554 (Word version) -- Rep. Cobb-Hunter: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-57-245 SO AS TO PROVIDE THAT THE GOVERNING BODY OF A COUNTY OR MUNICIPALITY MAY NOT IMPOSE A LICENSE, OCCUPATION, OR PROFESSIONAL TAX OR FEE UPON REAL ESTATE LICENSEES, EXCEPT UPON THE BROKER-IN-CHARGE AT THE PLACE WHERE THE REAL ESTATE LICENSEE SHALL MAINTAIN A PRINCIPAL OR BRANCH OFFICE AND TO PROVIDE THAT A MUNICIPALITY MAY IMPOSE AN OCCUPATION, LICENSE, OR PROFESSIONAL TAX OR FEE UPON REAL ESTATE BROKERS-IN-CHARGE BASED UPON GROSS RECEIPTS ONLY FOR REAL ESTATE TRANSACTIONS WITH RESPECT TO PROPERTY LOCATED WITHIN ITS CORPORATE LIMITS, AND A COUNTY GOVERNING AUTHORITY MAY IMPOSE AN OCCUPATION, LICENSE, OR PROFESSIONAL TAX OR FEE UPON REAL ESTATE BROKERS-IN-CHARGE BASED UPON GROSS RECEIPTS ONLY FOR REAL ESTATE TRANSACTIONS WITH RESPECT TO PROPERTY LOCATED WITHIN THE UNINCORPORATED AREAS OF THE COUNTY.
Ordered for consideration tomorrow.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4977 (Word version) -- Rep. Bales: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-340 SO AS TO PROVIDE THAT THE GOVERNING BODY OF A COUNTY OR MUNICIPALITY MAY NOT IMPOSE A LICENSE, OCCUPATION, OR PROFESSIONAL TAX OR FEE UPON A LICENSED RESIDENTIAL BUILDER, EXCEPT UPON THE BUILDER AT THE PLACE WHERE THE LICENSEE MAINTAINS A PRINCIPAL OFFICE; TO PROVIDE THAT A MUNICIPALITY MAY IMPOSE A LICENSE, OCCUPATION, OR PROFESSIONAL TAX OR FEE UPON A LICENSED RESIDENTIAL BUILDER BASED UPON GROSS RECEIPTS ONLY FOR RESIDENTIAL BUILDING TRANSACTIONS WITH RESPECT TO PROPERTY LOCATED WITHIN ITS CORPORATE LIMITS; AND TO PROVIDE THAT A COUNTY GOVERNING AUTHORITY MAY IMPOSE A LICENSE, OCCUPATION, OR PROFESSIONAL TAX OR FEE UPON A LICENSED RESIDENTIAL BUILDER BASED UPON GROSS RECEIPTS ONLY FOR RESIDENTIAL BUILDING TRANSACTIONS WITH RESPECT TO PROPERTY LOCATED WITHIN THE UNINCORPORATED AREAS OF THE COUNTY.
Referred to Committee on Ways and Means
H. 4978 (Word version) -- Reps. Harrell, Harrison, Cotty, Loftis, Bedingfield, Bowen, Skelton, Walker, Pinson, Hiott, Frye, Toole, J. R. Smith, G. R. Smith, D. C. Smith, Leach, Haley, Hamilton, Crawford, Littlejohn, Chalk, Hagood, Herbkersman, Rice, Scarborough, Shoopman and Spires: A BILL TO AMEND SECTION 23-23-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY, SO AS TO PROVIDE THAT THE CRIMINAL JUSTICE ACADEMY MAY APPROVE FACILITIES AND TRAINING FOR CERTAIN PERSONS INVOLVED IN THE LAW ENFORCEMENT AND CRIMINAL JUSTICE SYSTEMS, TO PROVIDE THAT THE ACADEMY'S TRAINING MAY BE PROVIDED AT REGIONAL TRAINING FACILITIES THAT SHALL USE CURRICULUM AND INSTRUCTORS APPROVED AND CERTIFIED BY THE ACADEMY, AND THAT MUST BE ADMINISTERED BY A REGIONAL DIRECTOR WHO IS RESPONSIBLE FOR THE TRAINING PROGRAM.
Referred to Committee on Judiciary
H. 4979 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 30-2-60 SO AS TO PROVIDE A STATE AGENCY OR PRIVATE ENTITY THAT LAWFULLY HAS IN ITS POSSESSION A PERSON'S SOCIAL SECURITY NUMBER FOR LEGITIMATE PURPOSES MAY NOT DISSEMINATE LAWFULLY MORE THAN THE LAST FOUR DIGITS OF A SOCIAL SECURITY NUMBER WHEN USED TO IDENTIFY THE PERSON WHOSE INFORMATION IS BEING DISSEMINATED, AND TO PROVIDE A KNOWING VIOLATION CONSTITUTES A MISDEMEANOR REQUIRING A FINE OF NO MORE THAN FIVE HUNDRED DOLLARS OR IMPRISONMENT OF NO MORE THAN ONE YEAR, OR BOTH.
Referred to Committee on Judiciary
H. 4980 (Word version) -- Reps. Herbkersman, Merrill, E. H. Pitts, Cato, Bedingfield, Haskins, Walker, D. C. Smith, J. R. Smith, Barfield, Crawford, Davenport, Lowe, Rice, Simrill, G. R. Smith and Young: A BILL TO AMEND SECTION 59-40-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPROVAL, RENEWAL, REVOCATION, AND TERMINATION OF CHARTERS FOR CHARTER SCHOOLS, SO AS TO INCREASE THE CHARTER PERIOD FROM FIVE TO TEN YEARS.
Referred to Committee on Education and Public Works
H. 4981 (Word version) -- Reps. Breeland, Howard, Bales, Knight, Whipper, Brantley, Jefferson, Bowen, Limehouse, Coleman, Pinson, J. H. Neal, Kennedy, Alexander, Hutson, Allen, Hart, Anderson, R. Brown, Clyburn, Cobb-Hunter, Govan, Hagood, Harvin, Hayes, Hodges, Hosey, Littlejohn, Mack, Moss, Ott, Parks, Phillips, Rutherford, Scarborough, Scott, Sellers, Stavrinakis, Weeks, Williams and Young: A BILL TO AMEND SECTIONS 44-74-20 AND 44-74-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO THE CERTIFICATION AND SCOPE OF PRACTICE OF RADIOLOGIC TECHNOLOGISTS, SO AS TO ALSO PROVIDE FOR THE CERTIFICATION AND SCOPE OF PRACTICE OF RADIOLOGIST ASSISTANTS; TO AMEND SECTION 44-73-40, RELATING TO QUALIFICATIONS TO BE CERTIFIED AS A RADIOLOGIC TECHNOLOGIST, SO AS TO ALSO PROVIDE QUALIFICATIONS FOR AN INITIAL CERTIFICATION AS A RADIOLOGIST ASSISTANT AND FOR LICENSURE AS A RADIOLOGIST ASSISTANT; AND TO AMEND SECTION 44-74-60, RELATING TO THE SOUTH CAROLINA RADIATION QUALITY STANDARDS ASSOCIATION BOARD, ITS MEMBERS, POWERS, AND DUTIES, SO AS TO PROVIDE FOR TWO RADIOLOGIST ASSISTANT MEMBERS ON THE BOARD, TO PROVIDE THAT MEMBERS MUST BE APPOINTED BY THE DIRECTOR OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL UPON THE RECOMMENDATION OF ENUMERATED RADIOLOGIC HEALTH PROFESSIONAL ORGANIZATIONS, AND TO PROVIDE THAT MEMBERS SHALL SERVE TERMS OF FOUR YEARS.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 4982 (Word version) -- Rep. Hayes: A BILL TO PROVIDE FOR THE ANNUAL LEVY OF MILLAGE FOR SCHOOL PURPOSES IN DILLON COUNTY AND TO PROVIDE FOR ITS ALLOCATION FOR SCHOOL PURPOSES.
On motion of Rep. HAYES, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4983 (Word version) -- Reps. Sellers, Brantley, Rutherford, R. Brown, Allen, Govan, F. N. Smith, Breeland, Clyburn, Cobb-Hunter, Hayes, Hodges, Hosey, Jefferson, Littlejohn, Parks, Phillips and Williams: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE XI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE SYSTEM OF FREE PUBLIC SCHOOLS, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL PROVIDE FOR THE MAINTENANCE AND SUPPORT OF A SYSTEM OF FREE PUBLIC SCHOOLS AND SHALL ESTABLISH, ORGANIZE, AND SUPPORT PUBLIC INSTITUTIONS OF LEARNING THAT WILL PROVIDE A HIGH QUALITY EDUCATION, ALLOWING EACH STUDENT TO REACH HIS HIGHEST POTENTIAL.
Referred to Committee on Education and Public Works
H. 4984 (Word version) -- Reps. Hagood and G. M. Smith: A BILL TO AMEND SECTION 16-11-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARMED ROBBERY, SO AS TO ALLOW A PERSON UNDER THE AGE OF TWENTY-ONE WHO COMMITS ARMED ROBBERY TO RECEIVE A YOUTHFUL OFFENDER SENTENCE NOT BELOW A MINIMUM OF THREE YEARS; AND TO AMEND SECTION 24-19-10, RELATING TO DEFINITIONS FOR PURPOSES OF THE YOUTHFUL OFFENDER ACT, SO AS TO REVISE THE DEFINITION OF YOUTHFUL OFFENDER TO INCLUDE PERSONS WHO COMMIT A BROADER RANGE OF CRIMINAL OFFENSES.
Referred to Committee on Judiciary
S. 1077 (Word version) -- Senators Rankin, Hutto and McConnell: A BILL TO AMEND SECTION 11-35-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCUREMENT, BY EXEMPTING THE LICENSES GRANTED BY THE FEDERAL COMMUNICATIONS COMMISSION TO GREENVILLE TECHNICAL COLLEGE AND TRIDENT TECHNICAL COLLEGE THAT AUTHORIZE THE USE OF THE EDUCATIONAL BROADBAND SERVICE SPECTRUM.
On motion of Rep. CATO, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 1094 (Word version) -- Senator Sheheen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-13-1339 SO AS TO PROHIBIT A POLITICAL ACTION COMMITTEE ORGANIZED BY OR ON BEHALF OF CERTAIN STATEWIDE OFFICIALS; AND TO AMEND SECTION 8-13-1340 OF THE 1976 CODE, SO AS TO DELETE REFERENCES TO A COMMITTEE ORGANIZED DIRECTLY OR INDIRECTLY ESTABLISHED, FINANCED, MAINTAINED, OR CONTROLLED BY A CANDIDATE OR PUBLIC OFFICIAL.
Referred to Committee on Judiciary
S. 1258 (Word version) -- Senators O'Dell and Drummond: A BILL TO PROVIDE THAT A SURVEYOR LICENSED IN THIS STATE MAY REVIEW COMPOSITE MAPS OF LAKE GREENWOOD AND CERTIFY TO THE FEDERAL ENERGY REGULATORY COMMISSION, BY SIGNING AND SEALING AN APPROPRIATE WORDED CERTIFICATE ON THE MAPS, THAT THE LINES SHOWN THEREON MEET OR EXCEED THE LEVEL OF ACCURACY REQUIRED BY FEDERAL REGULATIONS, TO PROVIDE THAT A MAP PREPARED IN ACCORDANCE WITH THE ABOVE IS NOT A LAND SURVEY, AND TO PROVIDE THAT IT SHALL BE UNLAWFUL FOR A PERSON TO EXECUTE A DEED, MORTGAGE, OR ANY OTHER CONVEYANCING INSTRUMENT
REFERENCING SUCH A MAP, AND THAT ANY ATTEMPTED CONVEYANCE REFERENCING SUCH A MAP SHALL BE VOID.
On motion of Rep. M. A. PITTS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
The following was introduced:
H. 4985 (Word version) -- Reps. Harrell, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Daning, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A HOUSE RESOLUTION TO RECOGNIZE AND CELEBRATE THE SEVENTY-FIFTH ANNIVERSARY OF THE SOUTH CAROLINA STATE PARK SERVICE, AND TO EXPRESS SINCERE APPRECIATION FOR THE BEAUTY, RECREATION, AND INDUSTRY THE SOUTH CAROLINA DEPARTMENT OF PARKS, RECREATION AND TOURISM, THROUGH THE STATE PARK SERVICE, PROVIDES FOR OUR GREAT STATE.
The Resolution was adopted.
The following was introduced:
H. 4986 (Word version) -- Reps. Weeks and G. M. Smith: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND ROBERT HOWELL "BOB" SHARP FOR HIS CONTRIBUTIONS TO THE SUMTER COMMUNITY, AND TO CONGRATULATE HIM FOR BEING RECOGNIZED AS THE CITIZENS BANK 2007 BUSINESS PERSON OF THE YEAR.
The Resolution was adopted.
The following was introduced:
H. 4987 (Word version) -- Reps. Weeks and G. M. Smith: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE COMMUNITY SERVICE OF TECHNICAL SERGEANT ROBERT D. REED, OF THE 20TH COMPONENT MAINTENANCE SQUADRON, UNITED STATES AIR FORCE, AND TO CONGRATULATE HIM ON BEING NAMED SUMTER'S 2007 MILITARY CITIZEN OF THE YEAR BY JONES CHEVROLET COMPANY, INCORPORATED.
The Resolution was adopted.
The following was introduced:
H. 4988 (Word version) -- Reps. Parks, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Daning, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE LIFE OF MACIE GRIFFIN WATSON, A CHERISHED CITIZEN OF GREENWOOD COUNTY, UPON THE UPCOMING OCCASION OF HER ONE HUNDREDTH BIRTHDAY, AND TO WISH HER CONTINUED HAPPINESS AND PROSPERITY IN HER FAMILY, CHURCH, AND COMMUNITY.
The Resolution was adopted.
The following was introduced:
H. 4989 (Word version) -- Rep. Allen: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR LOUIE GOLDEN, ATHLETIC DIRECTOR AND HEAD BOYS BASKETBALL COACH FOR GREENVILLE'S SOUTHSIDE HIGH SCHOOL, FOR THIRTY-SIX YEARS OF COACHING EXCELLENCE, TYPIFIED BY HIS LATEST WIN, THE 2008 CLASS AA STATE BOYS BASKETBALL CHAMPIONSHIP TITLE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4990 (Word version) -- Reps. G. M. Smith and Weeks: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MARTHA DABBS GREENWAY OF SUMTER COUNTY FOR MORE THAN THIRTY YEARS OF OUTSTANDING DEDICATED PUBLIC SERVICE AND TO WISH HER MUCH SUCCESS AND HAPPINESS IN ALL HER FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1263 (Word version) -- Senators Ceips and Lourie: A CONCURRENT RESOLUTION HONORING THE SPECIAL FRIENDSHIP BETWEEN SOUTH CAROLINA AND ISRAEL AND EXPRESSING APPRECIATION TO HIS EXCELLENCY AMBASSADOR REDA MANSOUR AND THE STAFF OF THE CONSULATE GENERAL OF ISRAEL TO THE SOUTHEASTERN UNITED STATES FOR ACTING AS SOUTH CAROLINA'S OFFICIAL LIAISON WITH THE STATE OF ISRAEL FOR TRADE, COOPERATION, EDUCATION, AND FRIENDSHIP.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was taken up for immediate consideration:
S. 1268 (Word version) -- Senator Ryberg: A CONCURRENT RESOLUTION DESIGNATING THE THIRD WEEK IN APRIL 2008, AS "SHAKEN BABY SYNDROME AWARENESS WEEK", RAISING AWARENESS REGARDING SHAKEN BABY SYNDROME, AND COMMENDING THE HOSPITALS, CHILD CARE COUNCILS, SCHOOLS, AND OTHER ORGANIZATIONS THAT EDUCATE PARENTS AND CAREGIVERS ON HOW TO PROTECT CHILDREN FROM ABUSE.
Whereas, the month of April has been designated "National Child Abuse Prevention Month" as an annual tradition that was initiated in 1979 by former President Jimmy Carter; and
Whereas, the most recent National Child Abuse and Neglect Data System figures reveal that almost 900,000 children were victims of abuse and neglect in the United States in 2002, causing unspeakable pain and suffering to our most vulnerable citizens; and
Whereas, among the children who are victims of abuse and neglect, nearly four children die in the United States each day; and
Whereas, children aged one year or younger accounted for forty-one percent of all child abuse and neglect fatalities in 2002, and children aged four years or younger accounted for seventy-six percent of all child abuse and neglect fatalities in 2002; and
Whereas, abusive head trauma, including the trauma known as "Shaken Baby Syndrome", is recognized as the leading cause of death of physically abused children; and
Whereas, Shaken Baby Syndrome can result in loss of vision, brain damage, paralysis, seizures, or death; and
Whereas, a 2003 report in the Journal of the American Medical Association estimated that in the United States, an average of 300 children will die each year, and 600 to 1,200 more will be injured, of whom two-thirds will be babies or infants under one year in age, as a result of Shaken Baby Syndrome, with many cases resulting in severe and permanent disabilities; and
Whereas, medical professionals believe that thousands of additional cases of Shaken Baby Syndrome are being misdiagnosed or not detected; and
Whereas, Shaken Baby Syndrome may result in more than $1,000,000 in medical costs to care for a single, disabled child in just the first few years of life; and
Whereas, the most effective solution for ending Shaken Baby Syndrome is to prevent the abuse, and it is clear that the minimal costs of education and prevention programs may prevent enormous medical and disability costs and immeasurable amounts of grief for many families; and
Whereas, prevention programs have demonstrated that educating new parents about the danger of shaking young children and how they can help protect their child from injury can bring about a significant reduction in the number of cases of Shaken Baby Syndrome; and
Whereas, education programs have been shown to raise awareness and provide critically important information about Shaken Baby Syndrome to parents, caregivers, daycare workers, child protection employees, law enforcement personnel, health care professionals, and legal representatives; and
Whereas efforts to prevent Shaken Baby Syndrome are supported by advocacy groups across the United States that were formed by parents and relatives of children who have been killed or injured by shaking, including the National Shaken Baby Coalition, the Shaken Baby Association, the Shaking Kills: Instead Parents Please Educate and Remember Initiative, commonly known as the "SKIPPER Initiative", the Shaken Baby Alliance, Shaken Baby Prevention, Inc., A Voice for Gabbi, Don't Shake Jake, the Kierra Harrison Foundation, and the Hannah Rose Foundation, whose mission is to educate the general public and professionals about Shaken Baby Syndrome and to increase support for victims and the families of the victims in the health care and criminal justice systems; and
Whereas, child abuse prevention programs and "National Shaken Syndrome Awareness Week" are supported by the National Shaken Baby Coalition, the National Center on Shaken Baby Syndrome, the Children's Defense Fund, the American Academy of Pediatrics, the Child Welfare League of America, Prevent Child Abuse America, the National Child Abuse Coalition, the National Exchange Club Foundation, the American Humane Association, the American Professional Society on the Abuse of Children, the Arc of the United States, the Association of University Centers on Disabilities, Children's Healthcare is a Legal Duty, Family Partnership, Family Voices, National Alliance of Children's Trust and Prevention Funds, United Cerebral Palsy, the National Association of Children's Hospitals and related institutions, Never Shake a Baby Arizona, Prevent Child Abuse Arizona, the Center for Child Protection and Family Support, and many other organizations; and
Whereas, a 2000 survey by Prevent Child Abuse America shows that approximately half of all citizens of the United States believe that, of all the public health issues facing the United States, child abuse and neglect is the most important issue; and
Whereas, it would be appropriate to observe the third week of April 2008, as "Shaken Baby Syndrome Awareness Week". Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly of South Carolina, by this resolution, designate the third week of April as "Shaken Baby Syndrome Awareness Week", raise awareness regarding Shaken Baby Syndrome, and commend the hospitals, child care councils, schools, and other organizations that educate parents and caregivers on how to protect children from abuse.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The roll call of the House of Representatives was taken resulting as follows:
Agnew Allen Anthony Bales Ballentine Bannister Barfield Battle Bedingfield Bingham Bowen Bowers Brady Branham Brantley Breeland G. Brown R. Brown Cato Chalk Clemmons Clyburn Cobb-Hunter Coleman Cooper Crawford Dantzler Delleney Duncan Erickson Frye Funderburk Gambrell Govan Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Harvin Haskins Hayes Herbkersman Hiott Hodges Hosey Howard Huggins Hutson Jefferson Kelly Kennedy Kirsh Knight Leach Limehouse Littlejohn Loftis Lowe Lucas Mack Mahaffey McLeod Miller Mitchell Moss Mulvaney J. M. Neal Ott Owens Parks Perry Phillips Pinson M. A. Pitts Rice Sandifer Scarborough Scott Sellers Shoopman Simrill Skelton D. C. Smith F. N. Smith G. M. Smith G. R. Smith J. R. Smith Spires Stavrinakis Stewart Talley Taylor Thompson Toole Umphlett Walker Weeks Whipper White Whitmire Williams Witherspoon Young
I came in after the roll call and was present for the Session on Wednesday, April 9.
Terry Alexander Carl Anderson Joe Daning James Merrill Chris Hart Denny Neilson Edward H. "Ted" Pitts Ted Vick Tracy Edge Bill Cotty Ralph Davenport Douglas Jennings Joseph Neal Todd Rutherford Thad Viers Doug Smith
The SPEAKER granted Rep. MOODY-LAWRENCE a leave of absence for the day.
Rep. RUTHERFORD 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 8.
Announcement was made that Dr. Jennifer Root of Columbia was the Doctor of the Day for the General Assembly.
Rep. TALLEY presented to the House the Westgate Christian School "Eagles" Cheerleading Team, the 2008 South Carolina Association of Christian Schools Champion, their coach and other school officials.
Rep. TALLEY presented to the House the Westgate Christian School "Eagles" Girls Basketball Team, the 2008 South Carolina Association of Christian Schools Champion, their coach and other school officials.
Rep. TALLEY presented to the House the Westgate Christian School "Eagles" Boys Soccer Team, the 2008 South Carolina Association of Christian Schools Champion, 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. 4549 (Word version)
Date: ADD:
04/09/08 SKELTON
Bill Number: H. 4725 (Word version)
Date: ADD:
04/09/08 TAYLOR
Bill Number: H. 4942 (Word version)
Date: ADD:
04/09/08 HASKINS
Bill Number: H. 4549 (Word version)
Date: ADD:
04/09/08 HAGOOD
Bill Number: H. 4648 (Word version)
Date: ADD:
04/09/08 MCLEOD
Bill Number: H. 4745 (Word version)
Date: ADD:
04/09/08 HAYES
Bill Number: H. 4648 (Word version)
Date: ADD:
04/09/08 FUNDERBURK
Bill Number: H. 4628 (Word version)
Date: ADD:
04/09/08 VICK
Bill Number: H. 4628 (Word version)
Date: ADD:
04/09/08 BOWERS
Bill Number: H. 4745 (Word version)
Date: ADD:
04/09/08 LOFTIS
Bill Number: H. 4757 (Word version)
Date: ADD:
04/09/08 SELLERS
Bill Number: H. 4924 (Word version)
Date: ADD:
04/09/08 ERICKSON
Bill Number: H. 4928 (Word version)
Date: ADD:
04/09/08 ERICKSON
Bill Number: H. 4786 (Word version)
Date: ADD:
04/09/08 BOWERS
Bill Number: H. 4786 (Word version)
Date: ADD:
04/09/08 VICK
Bill Number: H. 4892 (Word version)
Date: ADD:
04/09/08 HARDWICK
Bill Number: H. 4460 (Word version)
Date: ADD:
04/09/08 WHIPPER
Bill Number: H. 4900 (Word version)
Date: REMOVE:
04/09/08 SKELTON
The following Bill was taken up:
H. 4673 (Word version) -- Reps. Cooper, White, E. H. Pitts, Toole, Mahaffey, Bales, Whipper and Neilson: 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.
Rep. MULVANEY moved to recommit the Bill to the Committee on Ways and Means.
Rep. SCOTT moved to table the motion.
Rep. CRAWFORD demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Alexander Allen Anderson Anthony Battle Brady Branham Brantley Clemmons Clyburn Cobb-Hunter Cooper Daning Dantzler Gambrell Govan Harrell Harvin Hayes Hosey Howard Jefferson Kennedy Littlejohn Lowe Mack Mahaffey Merrill J. H. Neal Ott Perry Phillips Sandifer Scott Sellers Skelton Taylor Umphlett Vick Weeks Whipper White Whitmire Williams Witherspoon
Those who voted in the negative are:
Ballentine Bannister Barfield Bedingfield Bingham Bowen G. Brown R. Brown Cato Chalk Coleman Crawford Delleney Duncan Erickson Frye Funderburk Gullick Hagood Haley Hamilton Hardwick Haskins Hiott Hodges Huggins Hutson Kelly Kirsh Leach Limehouse Lucas McLeod Miller Mitchell Moss Mulvaney Neilson Owens Parks Pinson E. H. Pitts Rice Scarborough Shoopman Simrill D. C. Smith F. N. Smith G. M. Smith G. R. Smith J. R. Smith Spires Stavrinakis Stewart Talley Thompson Toole Walker Young
So, the House refused to table the motion.
The question then recurred to the motion to recommit the Bill.
Rep. KENNEDY demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Allen Anthony Ballentine Bannister Bedingfield Bingham Bowen G. Brown Cato Chalk Coleman Crawford Delleney Erickson Frye Funderburk Gullick Hagood Haley Hamilton Harrell Harrison Haskins Hiott Hodges Hutson Kelly Kirsh Leach Limehouse Lowe Lucas McLeod Miller Mitchell Moss Mulvaney Neilson Owens E. H. Pitts Rice Sandifer Shoopman Simrill D. C. Smith F. N. Smith G. M. Smith G. R. Smith J. R. Smith Spires Stavrinakis Talley Thompson Toole Walker Witherspoon Young
Those who voted in the negative are:
Alexander Anderson Bales Battle Bowers Brady Branham Brantley Breeland R. Brown Clemmons Clyburn Cobb-Hunter Cooper Daning Dantzler Duncan Gambrell Govan Harvin Hayes Herbkersman Hosey Howard Jefferson Kennedy Littlejohn Loftis Mack Mahaffey Merrill J. H. Neal Ott Parks Perry Phillips Pinson M. A. Pitts Scarborough Scott Sellers Skelton Stewart Taylor Umphlett Vick Weeks Whipper White Whitmire Williams
So, the motion to recommit the Bill was agreed to.
I was temporarily out of the Chamber during the vote on H. 4673. Had I been present, I would have voted "yea" on the motion to table to recommit. I would have voted "nay" on the motion to recommit.
My major concern in regards to H. 4673 is the cost of living increase for state employees.
Rep. Chris Hart
Having retired after I reached age 60, some months ago, it would be a conflict of interest for me to vote on H. 4673, and in particular as to that provision which, if enacted, would increase legislative retirement.
Respectfully,
Rep. Bill Cotty
H. 4673 (Word version) deals with retirement. I am now on retirement and have been for a few years.
This Bill had a portion that would raise the legislator's cost of living allowance for retired legislators, which I did not approve. Therefore, I made a motion that the Bill be reconsidered, but the motion did not pass.
A motion was made to return the Bill to the Ways and Means Committee, which I voted in favor of, as I want to remove the legislator's increase portion from this Bill.
Rep. Herb Kirsh
The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification:
S. 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.
The following Bill was taken up, read the third time, and ordered sent to the Senate:
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.
Rep. COOPER moved to adjourn debate upon the following Bill until Tuesday, April 15, 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, Mitchell and Hodges: 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. 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, Loftis, Hodges, Skelton and Hagood: 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 Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\10442HTC08):
Amend the bill, as and if amended, by striking Section 12-36-2647 as added in SECTION 2, page 2, and inserting:
/ Section 12-36-2647. (A) Notwithstanding the provisions of Section 59-21-1010, an amount as provided in subsection (B) of this section of sales, use, and casual excise tax revenues derived from the sale, use, or titling of a vehicle required to be licensed and registered by the South Carolina Department of Motor Vehicles, otherwise required to be credited as provided pursuant to Section 59-21-1010, instead must be credited to the State Non-Federal Aid Highway Fund established pursuant to Section 57-11-20. Revenues credited to the State Non-Federal Aid Highway Fund pursuant to this section must be used exclusively for highway, road, and bridge maintenance.
(B) In fiscal year 2008-2009, an amount equal to ten million dollars of the revenues specified in subsection (A) of this section must be credited to the State Non-Federal Aid Highway Fund. In each succeeding fiscal year, an additional thirty million dollars must be added to the cumulative total amount credited to the State Non-Federal Aid Highway Fund in the preceding fiscal year, pursuant to this section, until and after which all of the specified revenues must be so credited.
(C) There is transferred from income tax revenues credited to the general fund of the State in each fiscal year to the Education Improvement Fund an amount sufficient to offset sales tax revenues not credited to the EIA fund as a result of the reduction of sales tax revenues provided pursuant to this section.
(D) In fiscal year 2008-2009, there must be transferred from nonstate tax revenues in the State Highway Fund to the State Highway Account of the South Carolina Transportation Infrastructure Bank an amount equal to ten million dollars. In each succeeding fiscal year, an additional ten million dollars must be added to the cumulative total of this transfer in the prior fiscal year and similarly transferred until the amount of this transfer equals fifty percent of the amount required to be transferred to the State Non-Federal Aid Highway Fund pursuant to this section in each fiscal year. /
Renumber sections to conform.
Amend title to conform.
Rep. LITTLEJOHN explained the amendment.
Reps. G. R. SMITH, WHIPPER, KENNEDY, R. BROWN, HOSEY, HAMILTON, TOOLE, SHOOPMAN, LITTLEJOHN, COOPER, BANNISTER, BEDINGFIELD, J. R. SMITH, F. N. SMITH, ANTHONY, PHILLIPS, CLEMMONS, RICE, CLYBURN, J. H. NEAL, BREELAND, OTT, FUNDERBURK, HART, BRANTLEY and MACK requested debate on the Bill.
The following Joint Resolutions were taken up, read the second time, and ordered to a third reading:
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.
Rep. PINSON explained the Joint Resolution.
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.
Rep. PINSON explained the Joint Resolution.
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.
Rep. PINSON explained the Joint Resolution.
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.
Rep. PINSON explained the Joint Resolution.
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.
Rep. PINSON explained the Joint Resolution.
The following Bill was taken up:
H. 4648 (Word version) -- Reps. Sellers, Brantley, Knight, Govan, Agnew, Alexander, Anderson, Anthony, Breeland, Clyburn, Hart, Hayes, Hosey, Howard, Jennings, Mitchell, Moody-Lawrence, J. H. Neal, Ott, Rutherford, Scott, F. N. Smith, McLeod and Funderburk: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "REDUCTION OF RACIAL AND ETHNIC HEALTH DISPARITIES ACT" BY ADDING CHAPTER 119 TO TITLE 44 SO AS TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SUBJECT TO FUNDS BEING APPROPRIATED, SHALL DEVELOP A GRANT PROGRAM TO PROVIDE FUNDING TO COUNTIES FOR THE DEVELOPMENT OF COMMUNITY AND NEIGHBORHOOD PROJECTS TO IMPROVE THE HEALTH OUTCOMES OF RACIAL AND ETHNIC POPULATIONS; TO PROVIDE FOR THE DUTIES OF THE DEPARTMENT IN CARRYING OUT ITS RESPONSIBILITIES UNDER THIS CHAPTER; TO ESTABLISH GRANT PROPOSAL CRITERIA; AND TO PROVIDE THAT FUNDING FOR THIS GRANT PROGRAM IS TO SUPPLEMENT, NOT SUPPLANT, EXISTING RACIAL AND ETHNIC HEALTH DISPARITIES PROGRAMS.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\12234AC08), which was adopted:
Amend the bill, as and if amended, page 1, by deleting line 35 and inserting /populations, and that local communities are/. So when amended the first paragraph before the enacting words, read:
/ Whereas, the General Assembly finds that despite state investments in health care programs, certain racial and ethnic populations in this State continue to have significantly poorer health outcomes when compared to other populations. The General Assembly further finds that local solutions to health care problems can have a dramatic and positive effect on the health status of these populations; and that local communities are equipped to:
(1) identify the health education, health promotion, and disease prevention needs of the racial and ethnic populations in their communities;
(2) mobilize the community to address health outcome disparities;
(3) enlist and organize local public and private resources and faith-based organizations to address these disparities;
(4) evaluate the effectiveness of interventions; and/
Amend the bill further, by striking all after the enacting words and inserting:
/SECTION 1. Title 44 of the 1976 Code is amended by adding:
Section 44-119-10. This chapter may be cited as the 'Elimination of Racial and Ethnic Health Disparities Act'.
Section 44-119-20. As used in this chapter:
(1) 'Department' means the Department of Health and Environmental Control.
(2) 'Director' means the director of the Department of Health and Environmental Control.
Section 44-119-30. (A) Subject to funds being appropriated for this purpose, the Department of Health and Environmental Control shall establish and administer the 'Reducing Racial and Ethnic Health Disparities: Closing the Gap' grant program to implement this chapter. The purpose of this grant program is to foster the development of coordinated, collaborative, and broad-based participation by public and private entities and by faith-based organizations. This grant program shall function as a partnership between state and local governments, faith-based organizations, and private-sector health care providers and nontraditional partners.
(B) The department shall do the following:
(1) publicize the availability of funds and establish an application process for submitting a grant proposal;
(2) provide technical assistance and training, including a statewide meeting promoting best practice programs, as requested, to grant recipients;
(3) develop uniform data reporting requirements for the purpose of evaluating the performance of the grant recipients and demonstrating improved health outcomes;
(4) develop a monitoring process to evaluate progress toward meeting grant objectives; and
(5) coordinate with existing community-based programs, such as chronic disease community intervention programs, cancer prevention and control programs, diabetes control programs, the HIV/AIDS program, immunization programs, and other related programs at the State and local levels, to avoid duplication of effort and promote consistency.
(C) The department shall establish measurable outcomes to achieve the goal of reducing health disparities in the following priority areas: breast, cervical, prostate, and colorectal cancer screenings; HIV/AIDS, adult and child immunizations; and cardiovascular disease. The department shall enhance current data tools to ensure a statewide assessment of the risk behaviors associated with the health disparity priority areas identified in this subsection. To the extent feasible, the department shall conduct the assessment so that the results may be compared to national data.
(D) The director may appoint an ad hoc advisory committee to:
(1) examine areas where public awareness, public education, research, and coordination regarding racial and ethnic health outcome disparities are lacking;
(2) consider access and transportation issues that contribute to health status disparities; and
(3) make recommendations for closing gaps in health outcomes and increasing the public's awareness and understanding of health disparities that exist between racial and ethnic populations.
Section 44-119-40. (A) A person, entity, or organization within a county may apply for a grant under this chapter and may serve as the lead agency to administer and coordinate project activities within the county and develop community partnerships necessary to implement the grant.
(B) Entities or organizations within adjoining counties with populations of less than one hundred thousand may jointly submit a multi-county grant proposal. The proposal, however, must clearly identify a single lead agency with respect to program accountability and administration.
(C) In addition to the grants awarded pursuant to this chapter, up to twenty percent of the funding for the grant program must be dedicated to projects that address improving racial and ethnic health status within specific geographic areas identified by the department in regulation.
(D) Nothing in this chapter prevents a person, entity, or organization within a county or group of counties from separately contracting for the provision of racial and ethnic health promotion, health awareness, and disease prevention services.
Section 44-119-50. (A) A proposal for a grant under this chapter must be submitted to the department for review.
(B) A proposal for a grant must include:
(1) the purpose and objectives of the proposed project; including identification of the particular racial or ethnic disparity the project will address. The proposal must address one or more of the following priority areas:
(a) decreasing racial and ethnic disparities in:
(i) maternal and infant mortality rates;
(ii) morbidity and mortality rates relating to cancer;
(iii) morbidity and mortality rates relating to HIV/AIDS;
(iv) morbidity and mortality rates relating to cardiovascular disease;
(v) morbidity and mortality rates relating to diabetes.
(b) increasing adult and child immunization rates in certain racial and ethnic populations;
(2) identification and relevance of the target population;
(3) methods for obtaining baseline health status data and assessment of community health needs;
(4) mechanisms for mobilizing community resources and gaining local commitment;
(5) development and implementation of health promotion and disease prevention interventions;
(6) mechanisms and strategies for evaluating the project's objectives, procedures, and outcomes;
(7) a proposed work plan, including a timeline for implementing the project; and
(8) the likelihood that project activities will occur and continue in the absence of funding.
(C) The department shall give priority to proposals that:
(1) represent areas with the greatest documented racial and ethnic health status disparities;
(2) exceed the minimum local contribution requirements specified in Section 44-119-60;
(3) demonstrate broad-based local support and commitment from entities representing racial and ethnic populations. Indicators of support and commitment may include agreements to participate in the program, letters of endorsement, letters of commitment, interagency agreements, or other forms of support;
(4) demonstrate a high degree of participation by the health care community in clinical preventive service activities and community-based health promotion and disease prevention interventions;
(5) have been submitted from counties with a high proportion of residents living in poverty and with poor health status indicators;
(6) demonstrate a coordinated community approach to addressing racial and ethnic health issues;
(7) incorporate intervention mechanisms that have a high probability of improving the targeted population's health status; and
(8) demonstrate a commitment to quality management in all aspects of project administration and implementation.
Section 44-119-60. (A) The department may award one or more grants in a county or in a group of adjoining counties from which a multi-county grant proposal is submitted. The department may award an area grant under Section 44-119-40(C) in a county or group of adjoining counties that are also receiving a grant award under Section 44-119-40 (A) or (B).
(B) Units of local government may provide matching grants to supplement those made by the department.
(C) The amount of the grant award must be based on the county population, or on the combined population in a group of adjoining counties from which a multi-county application is submitted, and on other factors, as determined by the department in regulation.
(D) The department shall begin disseminating grant awards no later than February 1, 2009.
(E) The department shall fund a grant under this chapter for one year and may renew the grant annually upon application to and approval by the department, subject to the achievement of quality standards, objectives, and outcomes and to the availability of funds.
Section 44-119-70. The provisions of this chapter are not intended to supplant existing programs directed at reducing racial and ethnic health disparities but to supplement them, and, to the extent possible, these existing programs shall continue to operate."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. HARVIN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 4687 (Word version) -- Rep. Huggins: A BILL TO AMEND SECTION 44-53-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MATERIALS, COMPOUNDS, MIXTURES, AND PREPARATIONS CLASSIFIED AS SCHEDULE I DRUGS, SO AS TO ADD SALVIA DIVINORUM AND SALVINORIN A TO THE LIST OF SCHEDULE I DRUGS.
Rep. HARVIN explained the Bill.
Reps. G. M. SMITH, RUTHERFORD, F. N. SMITH, THOMPSON, J. H. NEAL, SELLERS, HERBKERSMAN, KNIGHT, STAVRINAKIS, HOSEY and DUNCAN requested debate on the Bill.
Rep. HARVIN moved that the House recur to the Morning Hour, which was agreed to.
The following Bill was taken up:
H. 4713 (Word version) -- Rep. White: A BILL TO AMEND SECTION 25-11-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE VETERANS' CEMETERIES AND QUALIFICATIONS TO RECEIVE A PLOT IN A STATE VETERANS' CEMETERY, SO AS TO REDUCE FROM TWENTY YEARS TO EIGHT YEARS THE TIME A VETERAN MUST HAVE BEEN A RESIDENT OF THIS STATE IN ORDER TO MEET ONE OF THE QUALIFICATIONS.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20620SD08), which was adopted:
Amend the bill, as and if amended, by striking Section 25-11-80(F) of the 1976 Code, as contained in SECTION 1, and inserting:
/(F)(1) To qualify for a plot in a state veterans' cemetery, the applicant must be a veteran or a member of the immediate family of a veteran who meets the requirements of this subsection.
(2) The veteran must have an honorable discharge a discharge under honorable conditions from the Armed Forces.
(3) The veteran must have been a resident of the State:
(a) when the veteran entered the Armed Forces;
(b) when the veteran or eligible family member died; or
(c) for twenty five years, unless for a reason that the division finds compelling, the division waives the time period. /
Renumber sections to conform.
Amend title to conform.
Rep. BREELAND explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 4845 (Word version) -- Reps. Neilson, Bales, Lucas and Williams: A BILL TO AMEND SECTION 44-61-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRAUMA ADVISORY COUNCIL, ITS MEMBERS, POWERS, AND DUTIES, SO AS TO ADD AN ORTHOPEDIC PHYSICIAN AND A PEDIATRIC PHYSICIAN TO THE COUNCIL.
Rep. HARVIN explained the Bill.
H. 4861 (Word version) -- Rep. Vick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-367 SO AS TO REQUIRE CHESTERFIELD COUNTY ELECTION COMMISSION TO PREPARE ONE BALLOT FOR ALL ELECTIONS WHEN A NONPARTISAN SCHOOL ELECTION IS HELD ON THE SAME DAY AS ANOTHER ELECTION.
The following Bill was taken up:
S. 799 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 40-47-755 OF THE 1976 CODE, RELATING TO PHYSICIANS, SURGEONS, AND OSTEOPATHS, TO DELETE THE REQUIREMENT THAT AURICULAR DETOXIFICATION THERAPY TAKE PLACE UNDER THE DIRECT SUPERVISION OF A LICENSED ACUPUNCTURIST.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\12233AC08), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/Section 1. Section 40-47-710(C) of the 1976 Code, as added by Act 10 of 2005, is amended to read:
"(C) The committee shall meet at least two times yearly and at other times as may be necessary. Four Three members constitute a quorum. At its initial meeting, and at the beginning of each year thereafter, the committee shall elect from its membership a chairman, vice chairman, and secretary to serve for a term of one year."
SECTION 2. Section 40-47-725(B) of the 1976 Code, as added by Act 10 of 2005, is amended to read:
"(B) An individual who has continuously practiced acupuncture in this State since 1980 or auricular therapy since 1997, who has remained in good standing, must be issued a license and renewal licenses without meeting the requirements of this chapter after submitting:
(1) a completed application as prescribed by the board; and
(2) fees as provided for in Section 40-47-800."
SECTION 3. Section 40-47-745(A) of the 1976 Code, as added by Act 10 of 2005, is amended to read:
"(A) It is unlawful for a person not licensed under this article to hold himself out as an acupuncturist, auricular therapist, or auricular detoxification specialist. The titles "Licensed Acupuncturist" (L.Ac.) and "Acupuncturist" may only be used by a person licensed to practice acupuncture pursuant to this article. A licensee who holds the Diplomate of Acupuncture from the NCCAOM shall use the title 'Doctor of Acupuncture' (D.Ac.). A licensee who holds the Diplomate of Oriental Medicine from the NCCAOM shall use the title 'Oriental Medicine Doctor' (O.M.D.). The titles 'Licensed Acupuncturist' (L.Ac.), Certified Acupuncturist' (C.Ac.), 'Doctor of Acupuncture' (D.Ac.), 'Oriental Medicine Doctor' (O.M.D.), 'Doctor of Oriental Medicine' (D.O.M.), 'Doctor of Acupuncture and Oriental Medicine' (D.A.O.M.), and 'Acupuncturist' may only be used by a person licensed to practice acupuncture pursuant to this article. Further, a person licensed to practice auricular therapy or auricular detoxification may not practice acupuncture or hold himself out as an acupuncturist. The title 'Auricular Detoxification Specialist' (ADS) may only be used by a person licensed to practice auricular detoxification therapy pursuant to this article. Possession of a license as an auricular therapist or an auricular detoxification specialist does not, by itself, entitle a person to identify himself or herself as an acupuncturist. A person who holds himself out as an acupuncturist, auricular therapist, or auricular detoxification specialist without being licensed pursuant to this article, during a period of suspension, or after his or her license has been revoked by the board is guilty of a misdemeanor and, upon conviction, must be fined not more than three hundred dollars or imprisoned not more than ninety days, or both."
SECTION 4. Section 40-47-730 of the 1976 Code is repealed.
SECTION 5. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. PARKS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
S. 970 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 44-29-135, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONFIDENTIALITY OF SEXUALLY TRANSMITTED DISEASE RECORDS, SO AS TO DELETE THE PROVISION REQUIRING THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO NOTIFY THE SCHOOL DISTRICT SUPERINTENDENT AND SCHOOL NURSE IF A MINOR IS ATTENDING A SCHOOL IN THE DISTRICT AND HAS ACQUIRED IMMUNODEFICIENCY SYNDROME OR IS INFECTED WITH THE HUMAN IMMUNODEFICIENCY VIRUS.
Rep. HAYES explained the Bill.
Reps. RICE, MACK, LOFTIS, HAYES, SHOOPMAN, LEACH, G. R. SMITH, J. R. SMITH, DAVENPORT, MOSS, MILLER, BATTLE, HOSEY, CLYBURN, OWENS, TOOLE, FRYE, DUNCAN, HASKINS and SELLERS requested debate on the Bill.
The following Joint Resolution was taken up:
H. 4949 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - PANEL FOR DIETETICS, RELATING TO LICENSURE AND REGULATION OF PERSONS ENGAGING IN THE PRACTICE OF DIETETICS WITHIN THE STATE OF SOUTH CAROLINA, DESIGNATED AS REGULATION DOCUMENT NUMBER 3193, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. PARKS explained the Joint Resolution.
Reps. RICE, CRAWFORD, LOFTIS, BEDINGFIELD, J. R. SMITH, DAVENPORT, OWENS and SKELTON requested debate on the Joint Resolution.
Rep. COOPER moved to adjourn debate upon the following Bill until Tuesday, April 15, which was adopted:
H. 4950 (Word version) -- Rep. Cooper: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION, SO AS TO MAKE MISCELLANEOUS CHANGES.
On motion of Rep. M. A. PITTS, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary and was referred to the Committee on Agriculture, Natural Resources and Environmental Affairs:
H. 4921 (Word version) -- Reps. Moss, M. A. Pitts, Lowe, Phillips and Pinson: A BILL TO AMEND SECTION 47-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO CRUELTY TO ANIMALS, SO AS TO REVISE THE DEFINITION OF "ANIMAL".
The Veto on the following Act was taken up:
(R217) H. 3632 (Word version) -- Reps. Chalk, Haskins, Brantley, Bales, Harvin, Jefferson, Littlejohn, Mahaffey, Moss, Neilson, J. R. Smith and Whipper: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-33-25 SO AS TO PROVIDE THAT THE DEPARTMENT OF LABOR, LICENSING AND REGULATION MAY REQUIRE STATE AND NATIONAL CRIMINAL RECORDS CHECKS OF AN APPLICANT FOR LICENSURE TO PRACTICE NURSING AND TO PROVIDE THAT THE DEPARTMENT MAY REQUIRE SUCH CRIMINAL RECORDS CHECKS IN CONNECTION WITH AN INVESTIGATION OR DISCIPLINARY PROCEEDING OF A LICENSEE; AND BY ADDING SECTION 40-33-39 SO AS TO REQUIRE A LICENSED NURSE TO WEAR AN IDENTIFICATION BADGE BEARING THE NURSE'S NAME AND TITLE.
Rep. PARKS explained the Veto.
The question was put, shall the Act become a part of the law, the Veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allen Anderson Bales Barfield Battle Bingham Bowers Brady Branham Brantley G. Brown R. Brown Chalk Clyburn Cobb-Hunter Coleman Dantzler Funderburk Gambrell Govan Gullick Haley Hardwick Harrell Harrison Hart Harvin Haskins Hayes Hodges Hosey Howard Hutson Jefferson Knight Lucas Mack McLeod Miller Mitchell Moss J. H. Neal J. M. Neal Neilson Ott Parks Pinson E. H. Pitts M. A. Pitts Rutherford Scarborough Scott Sellers F. N. Smith Spires Vick Weeks White Whitmire Williams Witherspoon
Those who voted in the negative are:
Agnew Ballentine Bannister Bedingfield Bowen Cato Clemmons Cooper Cotty Crawford Davenport Delleney Erickson Frye Hagood Hamilton Herbkersman Hiott Kelly Kennedy Kirsh Leach Limehouse Littlejohn Loftis Lowe Mahaffey Merrill Mulvaney Owens Perry Rice Sandifer Shoopman Simrill Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith Stavrinakis Stewart Talley Thompson Toole Umphlett Walker Young
So, the Veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
The Veto on the following Act was taken up:
(R222) H. 4686 (Word version) -- Reps. McLeod and Duncan: A JOINT RESOLUTION PROVIDING FOR THE TRANSFER OF A SURPLUS OPERATIONS AND MAINTENANCE SHOP IN NEWBERRY TO THE COUNTY OF NEWBERRY.
Rep. DUNCAN explained the Veto.
The question was put, shall the Act become a part of the law, the Veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Agnew Alexander Allen Anderson Bales Ballentine Bannister Barfield Battle Bedingfield Bingham Bowen Bowers Brady Branham Brantley R. Brown Cato Chalk Clemmons Clyburn Cobb-Hunter Coleman Cotty Crawford Daning Dantzler Davenport Delleney Duncan Erickson Frye Funderburk Gambrell Govan Gullick Haley Hamilton Hardwick Harrell Harrison Hart Harvin Haskins Hayes Hiott Hodges Hosey Howard Hutson Jefferson Kelly Kirsh Knight Leach Limehouse Littlejohn Loftis Lowe Lucas Mack Mahaffey McLeod Merrill Miller Mitchell Moss Mulvaney J. H. Neal J. M. Neal Neilson Ott Owens Parks 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 J. R. Smith Spires Stavrinakis Thompson Toole Umphlett Vick Walker Weeks Whipper White Whitmire Williams Witherspoon Young
Those who voted in the negative are:
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The Senate Amendments to the following Joint Resolution were taken up for consideration:
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.
Rep. G. M. SMITH explained the Senate Amendments.
The House refused to agree to the Senate Amendments and a message was ordered sent accordingly.
Rep. HARRISON moved to adjourn debate upon the following Joint Resolution until Tuesday, April 15, 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 Bill was taken up, read the third time, and ordered sent to the Senate:
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.
The following House Resolution was taken up:
H. 4917 (Word version) -- Reps. Thompson and Cobb-Hunter: A HOUSE RESOLUTION TO AUTHORIZE THE GREENVILLE YOUNG MEN'S CHRISTIAN ASSOCIATION TO USE THE HOUSE CHAMBER AND ANY AVAILABLE COMMITTEE HEARING ROOMS IN THE BLATT HOUSE OFFICE BUILDING ON THURSDAY, DECEMBER 4, 2008, AND FRIDAY, DECEMBER 5, 2008, TO CONDUCT A YOUTH IN GOVERNMENT PROGRAM.
Whereas, forty-five states have successful Youth in Government programs; and
Whereas, the Youth in Government program is designed to provide first-hand experience in the state legislature and government affairs for high school and middle school students; and
Whereas, students taking part in the program will run for statewide office, pass legislation, and organize their own government; and
Whereas, the purpose of the Young Men's Christian Association Youth in Government program is to encourage our youth to develop enthusiasm and appreciation for government and community affairs; and
Whereas, more than one thousand five hundred students in the State are expected to participate this year, making the South Carolina Youth in Government program the largest per capita in the nation. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the South Carolina House of Representatives, by this resolution, authorize the Greenville Young Men's Christian Association to use the House chamber and any available committee hearing rooms in the Blatt House Office Building on Thursday, December 4, 2008, and Friday, December 5, 2008, to conduct a Youth in Government program. If the House is in statewide session, or if the House chamber is otherwise unavailable, the House chamber may not be used on those dates.
Be it further resolved that the use of the chamber and the available committee hearing rooms by the Greenville Young Men's Christian Association must be in strict accordance with policies and the Rules of the House of Representatives.
Be it further resolved that the Office of the Sergeant at Arms of the House of Representatives shall provide assistance and access as necessary for this meeting in accordance with applicable procedures of the Rules of the House of Representatives.
Be it further resolved that a copy of this resolution be forwarded to the executive director of the YMCA Youth in Government program and to House of Representatives Sergeant at Arms Mitchell G. Dorman.
The Resolution was adopted.
The following House Resolution was taken up:
H. 4727 (Word version) -- Rep. Stavrinakis: A HOUSE RESOLUTION TO URGE THE GOVERNMENT OF TURKEY TO GRANT THE ECUMENICAL PATRIARCH APPROPRIATE INTERNATIONAL RECOGNITION, ECCLESIASTICAL SUCCESSION, AND THE RIGHT TO TRAIN CLERGY OF ALL NATIONALITIES AND TO RESPECT THE PROPERTY RIGHTS AND HUMAN RIGHTS OF THE ECUMENICAL PATRIARCHATE, AND FOR OTHER PURPOSES.
Whereas, the Ecumenical Patriarchate, located in Istanbul, Turkey, is the Sacred See that presides in a spirit of brotherhood over a communion of self-governing churches of the Orthodox Christian world; and
Whereas, the See is led by Ecumenical Patriarch Bartholomew, who is the 269th in direct succession to the Apostle Andrew and holds titular primacy as primus inter pares, meaning "first among equals", in the community of Orthodox churches worldwide; and
Whereas, in 1994, Ecumenical Patriarch Bartholomew, along with leaders of the Appeal of Conscience Foundation, cosponsored the Conference on Peace and Tolerance, which brought together Christian, Jewish, and Muslim religious leaders for an interfaith dialogue to help end the Balkan conflict and the ethnic conflict in the Caucasus region; and
Whereas, in 1997, the Congress of the United States awarded Ecumenical Patriarch Bartholomew with the Congressional Gold Medal; and
Whereas, following the terrorist attacks on our nation on September 11, 2001, Ecumenical Patriarch Bartholomew gathered a group of international religious leaders to produce the first joint statement with Muslim leaders that condemned the 9/11 attacks as "antireligious"; and
Whereas, in October 2005, the Ecumenical Patriarch, along with Christian, Jewish, and Muslim leaders, cosponsored the Conference on Peace and Tolerance II to further promote peace and stability in southeastern Europe, the Caucasus region, and Central Asia via religious leaders' interfaith dialogue, understanding, and action; and
Whereas, the Orthodox Christian Church, in existence for nearly two thousand years, numbers approximately three million members worldwide with more than two million members in the United States; and
Whereas, since 1453, the continuing presence of the Ecumenical Patriarchate in Turkey has been a living testament to the religious coexistence of Christians and Muslims; and
Whereas, this religious coexistence is in jeopardy because the Ecumenical Patriarchate is considered a minority religion by the Turkish government; and
Whereas, the Government of Turkey has limited the candidates available to hold the office of Ecumenical Patriarch to only Turkish nationals, and from the million of Orthodox Christians living in Turkey at the turn of the twentieth century and due to the continued policies during this period by the Turkish government, there remain less the three thousand of the Ecumenical Patriarch's flock left in Turkey today; and
Whereas, the Government of Turkey closed the Theological School on the island of Halki in 1971 and has refused to allow it to reopen, thus impeding training for Orthodox Christian clergy; and
Whereas, the Turkish government has confiscated nearly ninety-four percent of the Ecumenical Patriarchate's properties and has placed a forty-two percent tax, retroactive to 1999, on the Baloukli Hospital and Home for the Aged, a charity hospital run by the Ecumenical Patriarchate; and
Whereas, the European Union, a group of nations with a common goal of promoting peace and the well-being of its peoples, began accession negotiations with Turkey on October 3, 2005; and
Whereas, the European Union defined membership criteria for accession at the Copenhagen European Council in 1993, obligating candidate countries to achieve certain levels of reform, including stability of institutions guaranteeing democracy, adherence to the rule of law, and respect for and protection of minorities and human rights; and
Whereas, the Turkish government's current treatment of the Ecumenical Patriarchate is inconsistent with the membership conditions and goals of the European Union; and
Whereas, Orthodox Christians in this State and throughout the United States stand to lose their spiritual leaders because of the continued actions of the Turkish government; and
Whereas, the Archons of the Ecumenical Patriarchate of the Order of St. Andrew the Apostle, a group of laymen who each have been honored with a patriarchal title, or "offikion", by the Ecumenical Patriarch for their outstanding service to the Orthodox Church, will send an American delegation to Turkey to meet with Turkish government officials, as well as the United States Ambassador to the Republic of Turkey, regarding the Turkish government's treatment of the Ecumenical Patriarchate. Now, therefore,
Be it resolved by the House of Representatives:
That the South Carolina House of Representatives, by this resolution, urge the Government of Turkey to:
(1) uphold and safeguard religious and human rights without compromise;
(2) cease its discrimination of the Ecumenical Patriarchate;
(3) grant the Ecumenical Patriarch appropriate international recognition, ecclesiastic succession, and the right to train clergy of all nationalities; and
(4) respect the property rights and human rights of the Ecumenical Patriarchate.
Be it further resolved that a copy of this resolution be forwarded to the President of the United States, the United States Ambassador to the Republic of Turkey, the Ambassador of the Republic of Turkey to the United States, and to the members of the South Carolina Congressional Delegation.
The Resolution was adopted.
The following Concurrent Resolution was taken up:
H. 4918 (Word version) -- Rep. Spires: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION OF SOUTH CAROLINA HIGHWAY 302 AND FISH HATCHERY ROAD IN LEXINGTON COUNTY "BILLY G. STONE INTERSECTION" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERSECTION THAT CONTAIN THE WORDS "BILLY G. STONE INTERSECTION".
Whereas, Mr. Billy G. Stone was born in Lexington County, the son of the late Eugene and Pauline B. Stone; and
Whereas, he died on February 3, 2008. He is survived by his loving wife of fifty-four years, Blanche K. Stone, one stepdaughter, one brother, and numerous nieces and nephews; and
Whereas, Mr. Stone was a Navy veteran who gallantly served his country during the Korean Conflict; and
Whereas, he was a faithful member of Florence Baptist Church; and
Whereas, Mr. Stone was a Pelion High School graduate, and received his Masters of Education degree from the University of South Carolina; and
Whereas, he retired from employment with Pelion High School after thirty-one years of service, and was a founding and longtime member of the Pelion Rescue Squad; and
Whereas, it is fitting and proper for the members of the General Assembly to recognize the many contributions that this son of South Carolina made to this State during his lifetime by naming an intersection in Lexington County in his honor. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly name the intersection of South Carolina Highway 302 and Fish Hatchery Road in Lexington County "Billy G. Stone Intersection" and erect appropriate markers or signs at this intersection that contain the words "Billy G. Stone Intersection".
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.
The Concurrent Resolution was adopted and sent to the Senate.
The following Concurrent Resolution was taken up:
H. 4904 (Word version) -- Reps. Alexander, Branham, Crawford, Lowe and Williams: A CONCURRENT RESOLUTION TO COMMEMORATE THE FIFTIETH ANNIVERSARY OF THE UNINTENTIONAL RELEASE OF AN UNARMED ATOMIC WARHEAD OVER THE MARS BLUFF COMMUNITY IN FLORENCE COUNTY.
Whereas, the members of the South Carolina General Assembly pause to thank Almighty Providence for the danger from which the citizens of this great State were mercifully spared on March 11, 1958; and
Whereas, fifty years ago when the fated B-47 out of Savannah, Georgia, left on a training mission, no one could have foreseen its role in the unintentional release of an unarmed atomic warhead over the Mars Bluff community of Florence County when a problem occurred with the pin locking the bomb into its cradle; and
Whereas, perhaps the only time such a weapon has accidentally fallen on a civilian community, the seven-thousand-pound, ten-foot-long, warhead fell fifteen thousand feet onto the Pee Dee community, tearing a crater fifty feet in diameter and thirty-five feet deep, destroying one nearby home, and cracking plaster in homes for miles around; and
Whereas, erosion and rain have filled in most of the crater, but two fragments of the bomb have remained for decades in the Florence Museum, and Florence County plans to place a historical marker in June to commemorate the unusual event; and
Whereas, under the auspices of the Florence City-County Historical Commission and Mars Bluff Historical Commission, chairwoman Marshall M. Yarborough has coordinated plans for a ceremony to mark the bombing's anniversary; and
Whereas, the members of the South Carolina General Assembly express profound gratitude that military safeguards prevented a nuclear explosion and loss of life in the disaster, and commend the citizens of Florence County for commemorating the fiftieth anniversary of the event at Mars Bluff. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly, by this resolution, commemorate the fiftieth anniversary of the unintentional release of an unarmed atomic warhead over the Mars Bluff community in Florence County.
Be it further resolved that a copy of this resolution be forwarded to Mrs. Marshall M. Yarborough.
The Concurrent Resolution was adopted and sent to the Senate.
The following Concurrent Resolution was taken up:
H. 4929 (Word version) -- Reps. Haley, Toole, Ballentine, Bingham, Frye, Huggins, McLeod, Ott and Spires: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF PLATT SPRINGS ROAD IN LEXINGTON COUNTY FROM ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 6 TO ITS INTERSECTION WITH KYZER ROAD THE "LANCE CORPORAL JOSHUA L. TORRENCE MEMORIAL HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "LANCE CORPORAL JOSHUA L. TORRENCE MEMORIAL HIGHWAY".
Whereas, Lance Corporal Joshua Louis Torrence was born in Wooster, Ohio, on July 26, 1984, and moved with his family to Lexington, South Carolina, in 1992; and
Whereas, he was the son of Mr. Vernon and Mrs. Regina Torrence of Lexington; and
Whereas, Lance Corporal Torrence attended White Knoll High School and excelled in athletics, including football, track and field during his high school career; and
Whereas, when White Knoll High School opened in August 2000, he played offensive tackle on the school's first junior varsity football team, and also participated in track and field, setting some of the school's earliest records; and
Whereas, he went on to become an instrumental member of the White Knoll High School Timberwolves varsity football team, where he was a starting offensive lineman; and
Whereas, he was well-liked and well-respected by his fellow players, coaches, and other White Knoll students, faculty and staff; and
Whereas, upon graduation from White Knoll High School in 2005, he joined the United States Marine Corps, and after completing basic training at Parris Island Marine Corps Base in April 2004, he traveled to Camp Pendleton, California, and was assigned to an amphibious assault vehicle unit; and
Whereas, in September of 2004, Lance Corporal Torrence was shipped to Al-Asad, Iraq for duty in service of his country; and
Whereas, shortly after arrival, Joshua and his crew members were transferred to Fallujah, where he served as Lance Corporal with the 2nd Amphibian Assault Battalion, 2nd Marine Division, 2nd Marine Expeditionary Force, Camp LeJeune, North Carolina; and
Whereas, he received several medals during his service, including awards for serving in the global war on terrorism and the National Defense Service Medal; and
Whereas, Lance Corporal Torrence was a fearless leader who, during his tour in Fallujah, made the ultimate sacrifice in defense of his country when he lost his life while on patrol on March 14, 2005; and
Whereas, on November 2, 2005, the White Knoll High School football stadium field house was named in his honor, forever being known as the "Joshua L. Torrence Memorial Field House"; and
Whereas, it is fitting and proper to forever recognize Lance Corporal Joshua L. Torrence's heroism and bravery by also having a portion of Platt Springs Road in Lexington County named in his honor. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, request that the Department of Transportation name the portion of Platt Springs Road in Lexington County from its intersection with South Carolina Highway 6 to its intersection with Kyzer Road the "Lance Corporal Joshua L. Torrence Memorial Highway" and erect appropriate markers or signs along this portion of highway that contain the words "Lance Corporal Joshua L. Torrence Memorial Highway".
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. LIMEHOUSE.
Rep. WHIPPER moved that the House recur to the Morning Hour, which was agreed to.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
S. 1039 (Word version) -- Senator Verdin: A BILL TO AMEND SECTION 23-31-510 OF THE 1976 CODE, RELATING TO THE PROHIBITION AGAINST REGULATION OF CERTAIN MATTERS, TO PROVIDE THAT COUNTIES AND MUNICIPALITIES MAY NOT ENACT REGULATIONS TO PROHIBIT A LANDOWNER FROM DISCHARGING A FIREARM ON HIS PROPERTY TO PROTECT FAMILY MEMBERS, EMPLOYEES, OR THE GENERAL PUBLIC FROM ANIMALS POSING A DIRECT THREAT OR DANGER ON A PARCEL OF LAND COMPRISED OF AT LEAST TWENTY-FIVE CONTIGUOUS ACRES.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3359 (Word version) -- Reps. Gullick, Mulvaney, Simrill, Kirsh, Delleney and Shoopman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-3-135 SO AS TO PROVIDE THAT A MARRIAGE DECLARED VOID AB INITIO BY REASON OF FRAUD DOES NOT RELIEVE THE PARTY COMMITTING THE FRAUD OF THE REQUIREMENTS OF EQUITABLE DISTRIBUTION OR THE DUTY OF SPOUSAL SUPPORT OR CHILD SUPPORT AND TO PROVIDE THAT A CHILD BORN DURING THE RELATIONSHIP IS PRESUMED TO BE THE CHILD OF THE PARTIES FOR PURPOSES OF CHILD SUPPORT.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
H. 4864 (Word version) -- Reps. Edge and Cotty: A BILL TO AMEND SECTION 1-23-500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA ADMINISTRATIVE LAW COURT, SO AS TO DELETE THE REFERENCE TO THE SPECIFIC RETIREMENT SYSTEM APPLICABLE TO JUDGES OF THIS COURT AND TO AMEND SECTION 9-11-25, AS AMENDED, RELATING TO THE ELECTION ALLOWED PROBATE JUDGES TO PARTICIPATE IN THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM (SCPORS), SO AS TO ALLOW A SIMILAR ELECTION FOR ADMINISTRATIVE LAW COURT JUDGES SERVING BEFORE JULY 1, 2008, AND TO PROVIDE THAT ALL ADMINISTRATIVE LAW COURT JUDGES TAKING OFFICE AFTER JUNE 30, 2008, SHALL PARTICIPATE IN SCPORS.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
S. 71 (Word version) -- Senators Ryberg, Bryant, Cromer, Richardson, Fair and Ford: A BILL TO AMEND SECTION 44-76-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMMUNITY FROM CIVIL LIABILITY FOR PERSONS ADMINISTERING, USING, ACQUIRING, OR PRESCRIBING AN AUTOMATED EXTERNAL DEFIBRILLATOR (AED), TO PROVIDE SUCH IMMUNITY FOR PERSONS PROVIDING TRAINING FOR CARDIOPULMONARY RESUSCITATION THAT INCLUDES TRAINING IN THE USE OF AN AED.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3740 (Word version) -- Rep. Rutherford: A BILL TO AMEND SECTION 17-5-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VACANCIES IN THE OFFICE OF CORONER, SO AS TO REVISE THE MANNER IN WHICH A VACANCY IS FILLED AND FOR THE MANNER IN WHICH THE DUTIES OF THE CORONER SHALL BE PERFORMED; TO AMEND SECTION 17-5-70, AS AMENDED, RELATING TO THE APPOINTMENT OF DEPUTIES BY THE COUNTY CORONER, SO AS TO PERMIT THE COUNTY CORONER TO ALSO APPOINT INVESTIGATORS AS WELL AS DEPUTIES AND TO MAKE THESE APPOINTMENTS DISCRETIONARY RATHER THAN MANDATORY; TO AMEND SECTION 17-7-10, RELATING TO ORDERING OF AUTOPSIES, SO AS TO REQUIRE THE CORONER AND MEDICAL EXAMINER TO IMMEDIATELY REQUEST AN AUTOPSY IF A CHILD'S DEATH IS UNATTENDED; TO AMEND SECTION 20-7-5915, AS AMENDED, RELATING TO THE PURPOSES AND DUTIES OF THE STATE LAW ENFORCEMENT DIVISION IN REGARD TO INVESTIGATING CHILD DEATHS, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH AUTOPSIES ARE PERFORMED IN THESE CIRCUMSTANCES; TO AMEND SECTION 20-7-5920, AS AMENDED, RELATING TO THE DUTIES OF THE STATE CHILD FATALITY ADVISORY COMMITTEE, SO AS TO PROVIDE THAT THE COMMITTEE ALSO SHALL MEET WITH THE CORONER FROM THE COUNTY IN WHICH CHILD DEATHS OCCUR; AND TO REPEAL SECTION 17-5-80 RELATING TO A MAGISTRATE ACTING AS A CORONER IN CERTAIN CASES.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3590 (Word version) -- Reps. G. R. Smith, Bowen, Duncan, Haskins, Littlejohn, Lowe and Bedingfield: A BILL TO ENACT THE "SOUTH CAROLINA RESTRUCTURING ACT OF 2007" INCLUDING PROVISIONS TO AMEND SECTION 1-30-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AGENCIES OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT BY ADDING THE DEPARTMENT OF ADMINISTRATION; BY ADDING SECTION 1-30-125 SO AS TO ESTABLISH THE DEPARTMENT OF ADMINISTRATION AS AN AGENCY OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT TO BE HEADED BY A DIRECTOR APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE GENERAL ASSEMBLY, AND TO TRANSFER TO THIS NEWLY CREATED DEPARTMENT CERTAIN OFFICES AND DIVISIONS OF THE STATE BUDGET AND CONTROL BOARD, OFFICE OF THE GOVERNOR, AND OTHER AGENCIES, AND TO PROVIDE FOR TRANSITIONAL AND OTHER PROVISIONS NECESSARY TO ACCOMPLISH THE ABOVE; BY ADDING CHAPTER 8 TO TITLE 1 SO AS TO CREATE THE OFFICE OF STATE INSPECTOR GENERAL AS A SEPARATE DIVISION WITHIN THE DEPARTMENT OF ADMINISTRATION, TO PROVIDE THAT THE STATE INSPECTOR GENERAL MUST BE APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE GENERAL ASSEMBLY, TO PROVIDE FOR THE PURPOSE, DUTIES, RESPONSIBILITIES, AND AUTHORITY OF THE STATE INSPECTOR GENERAL, TO PROVIDE A DEFINITION OF "EXECUTIVE AGENCIES" FOR PURPOSES OF THIS CHAPTER, AND TO PROVIDE FOR THE RECEIPT AND INVESTIGATION OF COMPLAINTS RELATING TO IMPROPER OR UNLAWFUL ACTIVITY WITHIN EXECUTIVE AGENCIES OF THE STATE GOVERNMENT; BY ADDING ARTICLE 6 TO CHAPTER 3 OF TITLE 1 SO AS TO ESTABLISH THE DIVISION OF THE STATE CHIEF INFORMATION OFFICER WITHIN THE DEPARTMENT OF ADMINISTRATION TO BE HEADED BY THE STATE CHIEF INFORMATION OFFICER, TO PROVIDE THAT THE STATE CHIEF INFORMATION OFFICER SHALL BE APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE GENERAL ASSEMBLY, AND TO PROVIDE FOR THE POWERS, DUTIES, AND FUNCTIONS OF THE DIVISION; TO CREATE A JOINT INFORMATION TECHNOLOGY REVIEW COMMITTEE, AN INFORMATION TECHNOLOGY BUSINESS CASE REVIEW PANEL, AND AN INFORMATION TECHNOLOGY ARCHITECTURE OVERSIGHT PANEL AND TO PROVIDE FOR THE FUNCTIONS, POWERS, AND RESPONSIBILITIES OF THE COMMITTEE AND PANELS; TO AMEND SECTION 11-35-1580, AS AMENDED, RELATING TO INFORMATION TECHNOLOGY PROCUREMENTS, SO AS TO DELETE CERTAIN RESPONSIBILITIES OF THE INFORMATION TECHNOLOGY MANAGEMENT OFFICE; TO AMEND SECTIONS 1-10-10, 1-11-20, AS AMENDED, 1-11-22, 1-11-55, 1-11-56, 1-11-58, 1-11-65, 1-11-67, 1-11-70, 1-11-80, 1-11-90, 1-11-100, 1-11-110, 1-11-180, 1-11-220, 1-11-225, 1-11-250, 1-11-260, 1-11-270, 1-11-280, 1-11-290, 1-11-300, 1-11-310, 1-11-315, 1-11-320, 1-11-335, 1-11-340, 1-11-435, 2-13-240, AS AMENDED, CHAPTER 9 OF TITLE 3; 10-1-10, 10-1-30, AS AMENDED, 10-1-40, 10-1-130, 10-1-190, AS AMENDED, CHAPTER 9 OF TITLE 10, 10-11-50, AS AMENDED, 10-11-90, 10-11-110, 10-11-140, 10-11-330; 11-9-610, 11-9-620, 11-9-630, 11-35-3810, 11-35-3820, 11-35-3830, 11-35-3840, 13-7-30, 13-7-830, ALL AS AMENDED, 48-46-30, AS AMENDED, 48-46-40, AS AMENDED, 48-46-50, 48-46-60, 48-46-90, 44-53-530, AS AMENDED, AND 44-96-140; AND TO ADD SECTION 1-11-185 ALL RELATING TO VARIOUS AGENCY OR DEPARTMENT PROVISIONS SO AS TO CONFORM THEM TO THE ABOVE PROVISIONS PERTAINING TO THE NEW DEPARTMENT OF ADMINISTRATION OR TO SUPPLEMENT SUCH PROVISIONS.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 4538 (Word version) -- Rep. Funderburk: A BILL TO ENACT THE "GOVERNMENT ACCOUNTABILITY ACT OF 2008", INCLUDING PROVISIONS TO AMEND SECTION 8-27-10(4), RELATING TO THE DEFINITION OF REPORT FOR THE PURPOSES OF THE EMPLOYMENT PROTECTION FOR REPORTS OF VIOLATIONS OF STATE OR FEDERAL LAW OR REGULATION BY PROVIDING THAT A REPORT MAY BE A WRITTEN OR ORAL ALLEGATION OR TESTIMONY TO A LEGISLATIVE COMMITTEE; BY ADDING CHAPTER 2 TO TITLE 2, RELATING TO LEGISLATIVE OVERSIGHT OF EXECUTIVE DEPARTMENTS, TO PROVIDE THAT THE STANDING COMMITTEES OF THE GENERAL ASSEMBLY HAVE A DUTY TO REVIEW AND STUDY THE OPERATIONS OF THE STATE AGENCIES WITHIN THE COMMITTEE'S JURISDICTION, TO ESTABLISH COMMITTEE OVERSIGHT JURISDICTION, TO PROVIDE FOR THE PROCESS BY WHICH A COMMITTEE MAY INITIATE AN OVERSIGHT STUDY OR INVESTIGATION, TO PROVIDE FOR THE MANNER IN WHICH AN INVESTIGATING COMMITTEE MAY ACQUIRE EVIDENCE OR INFORMATION RELATED TO THE STUDY OR INVESTIGATION, TO PROVIDE FOR PROGRAM EVALUATION REPORTS, THE MANNER IN WHICH THEY ARE REQUESTED, AND THE CONTENTS OF THE REPORTS, TO PROVIDE THAT ALL TESTIMONY GIVEN TO AN INVESTIGATING COMMITTEE MUST BE GIVEN UNDER OATH, TO PROVIDE THAT WITNESSES TESTIFYING IN FRONT OF AN INVESTIGATING COMMITTEE MAY BE REPRESENTED BY COUNSEL, AND TO PROVIDE THAT WITNESSES ARE GIVEN THE BENEFIT OF ANY PRIVILEGE WHICH HE COULD HAVE CLAIMED IN COURT AS A PARTY TO A CIVIL ACTION; TO AMEND TITLE 11 OF CHAPTER 11 BY ADDING SECTION 11-11-85 TO REQUIRE THE GOVERNOR'S ANNUAL STATE BUDGET RECOMMENDATION AND THE REPORTS OF THE HOUSE COMMITTEE ON WAYS AND MEANS AND THE SENATE FINANCE COMMITTEE ON THE ANNUAL GENERAL APPROPRIATIONS ACT TO BE IN A PROGRAMMATIC FORMAT BY PROVIDING A NARRATIVE DESCRIPTION OF EACH SEPARATE PROGRAM ADMINISTERED BY A STATE AGENCY AND PROVIDING THE ELEMENTS THAT MUST BE INCLUDED IN THE NARRATIVE, TO REQUIRE THE BUDGET RECOMMENDATION FOR AN AGENCY TO INCLUDE AN OVERALL BUDGET RECOMMENDATION BY BUDGET CATEGORY AND A SIMILAR RECOMMENDATION FOR EACH SEPARATE PROGRAM ADMINISTERED BY THE AGENCY AND THE SPECIFIC SOURCE OF FUNDS APPROPRIATED FOR THE AGENCY; TO REPEAL CHAPTER 3 OF TITLE 11, RELATING TO THE COMPTROLLER GENERAL, TO TRANSFER TO THE STATE AUDITOR THE COMPTROLLER GENERAL'S POWERS AND DUTIES, TO AMEND SECTION 1-11-10, RELATING TO THE COMPOSITION OF THE BUDGET AND CONTROL BOARD, TO PROVIDE THAT THE ATTORNEY GENERAL SHALL REPLACE THE COMPTROLLER GENERAL ON THE BUDGET AND CONTROL BOARD, TO AMEND SECTIONS 11-5-130 AND 11-5-180, RELATING TO THE COMPTROLLER GENERAL, TO CONFORM THEM TO THE PROVISIONS PERTAINING TO THE TRANSFER OF DUTIES TO THE STATE AUDITOR FROM THE COMPTROLLER GENERAL; TO REPEAL CHAPTER 5 OF TITLE 1, RELATING TO THE SECRETARY OF STATE, TO AMEND SECTION 1-30-25, RELATING TO THE DEPARTMENT OF COMMERCE, BY TRANSFERRING CERTAIN POWERS, DUTIES, AND FUNCTIONS TO THE DEPARTMENT OF COMMERCE FROM THE SECRETARY OF STATE, TO AMEND CHAPTER 7 OF TITLE 1, RELATING TO THE ATTORNEY GENERAL, BY ADDING ARTICLE 9 TO TRANSFER CERTAIN POWERS, DUTIES, AND FUNCTIONS TO THE ATTORNEY GENERAL FROM THE SECRETARY OF STATE; TO AMEND CHAPTER 1 OF TITLE 5, RELATING TO INCORPORATION OF MUNICIPAL CORPORATIONS, CHAPTER 1 OF TITLE 26, RELATING NOTARIES PUBLIC, CHAPTER 56 OF TITLE 33, RELATING TO SOLICITATION OF CHARITABLE FUNDS, ARTICLE 11, CHAPTER 15 OF TITLE 39, RELATING TO TRADEMARKS AND SERVICE MARKS, ARTICLE 3, CHAPTER 12 OF TITLE 58, RELATING TO STATE-ISSUED FRANCHISE AUTHORITY FOR CABLE SERVICE PROVIDERS, SECTIONS 39-57-60, 39-57-55, 5-3-90, 5-3-280, 26-6-190, 15-9-245, 6-11-1620, 6-11-1630, 6-11-1640, 39-15-420, 39-15-430, 39-15-440, 39-15-450, AND 39-15-490, ALL RELATING TO VARIOUS POWERS AND DUTIES OF THE SECRETARY OF STATE TO CONFORM THEM TO THE PROVISIONS TRANSFERRING THOSE POWERS, DUTIES, AND FUNCTIONS TO THE DEPARTMENT OF COMMERCE AND THE ATTORNEY GENERAL, RESPECTIVELY; TO AMEND SECTION 46-3-30, RELATING TO THE QUALIFICATIONS FOR THE COMMISSIONER OF AGRICULTURE, TO PROVIDE THAT THE GOVERNOR APPOINTS THE COMMISSIONER WITH THE ADVICE AND CONSENT OF THE SENATE AND THAT THE COMMISSIONER MAY BE REMOVED FROM OFFICE BY THE GOVERNOR AS PROVIDED IN SECTION 1-3-240(C), TO REPEAL SECTION 46-3-40, RELATING TO THE ELECTION AND TERM OF THE COMMISSIONER OF AGRICULTURE, TO AMEND SECTION 1-3-240(C)(1), RELATING TO THE REMOVAL OF OFFICERS BY THE GOVERNOR, TO PROVIDE THAT THE GOVERNOR MAY REMOVE THE COMMISSIONER OF AGRICULTURE FROM OFFICE FOR MALFEASANCE, MISFEASANCE, INCOMPETENCY, ABSENTEEISM, CONFLICTS OF INTEREST, MISCONDUCT, PERSISTENT NEGLECT OF DUTY IN OFFICE, OR INCAPACITY; TO AMEND SECTION 1-3-240(C)(1), RELATING TO THE REMOVAL OF OFFICERS BY THE GOVERNOR, TO PROVIDE THAT THE STATE INSPECTOR GENERAL MAY BE REMOVED FROM OFFICE FOR MALFEASANCE, MISFEASANCE, INCOMPETENCY, ABSENTEEISM, CONFLICTS OF INTEREST, MISCONDUCT, PERSISTENT NEGLECT OF DUTY IN OFFICE, OR INCAPACITY, TO AMEND TITLE 1, RELATING TO GENERAL PROVISIONS FOR THE ADMINISTRATION OF THE GOVERNMENT, BY ADDING CHAPTER 6 TO CREATE THE OFFICE OF THE STATE INSPECTOR GENERAL, TO PROVIDE THAT THE STATE INSPECTOR GENERAL IS APPOINTED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE, TO AUTHORIZE THE STATE INSPECTOR GENERAL TO ADDRESS FRAUD, WASTE, ABUSE, AND WRONGDOING WITHIN THE SOUTH CAROLINA EXECUTIVE GOVERNMENT AGENCIES, AND TO PROVIDE THE POWERS, DUTIES, AND FUNCTIONS OF THE OFFICE; TO AMEND SECTION 1-30-10, RELATING TO THE AGENCIES OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT, BY ADDING THE DEPARTMENT OF ADMINISTRATION; BY ADDING SECTION 1-30-125 TO ESTABLISH THE DEPARTMENT OF ADMINISTRATION AS AN AGENCY OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT TO BE HEADED BY A DIRECTOR APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE SENATE, AND TO TRANSFER TO THIS NEWLY CREATED DEPARTMENT CERTAIN OFFICES AND DIVISIONS OF THE STATE BUDGET AND CONTROL BOARD, OFFICE OF THE GOVERNOR, AND OTHER AGENCIES, AND TO PROVIDE FOR TRANSITIONAL AND OTHER PROVISIONS NECESSARY TO ACCOMPLISH THE ABOVE; BY ADDING ARTICLE 6 TO CHAPTER 3 OF TITLE 1 SO AS TO ESTABLISH THE DIVISION OF THE STATE CHIEF INFORMATION OFFICER WITHIN THE DEPARTMENT OF ADMINISTRATION TO BE HEADED BY THE STATE CHIEF INFORMATION OFFICER, TO PROVIDE THAT THE STATE CHIEF INFORMATION OFFICER SHALL BE APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE SENATE, AND TO PROVIDE FOR THE POWERS, DUTIES, AND FUNCTIONS OF THE DIVISION; TO CREATE A JOINT INFORMATION TECHNOLOGY REVIEW COMMITTEE, AN INFORMATION TECHNOLOGY BUSINESS CASE REVIEW PANEL, AND AN INFORMATION TECHNOLOGY ARCHITECTURE OVERSIGHT PANEL AND TO PROVIDE FOR THE FUNCTIONS, POWERS, AND RESPONSIBILITIES OF THE COMMITTEE AND PANELS; TO AMEND SECTION 11-35-1580, AS AMENDED, RELATING TO INFORMATION TECHNOLOGY PROCUREMENTS, SO AS TO DELETE CERTAIN RESPONSIBILITIES OF THE INFORMATION TECHNOLOGY MANAGEMENT OFFICE; TO AMEND SECTIONS 1-10-10, 1-11-20, AS AMENDED, 1-11-22, 1-11-55, 1-11-56, 1-11-58, 1-11-65, 1-11-67, 1-11-70, 1-11-80, 1-11-90, 1-11-100, 1-11-110, 1-11-180, 1-11-220, 1-11-225, 1-11-250, 1-11-260, 1-11-270, 1-11-280, 1-11-290, 1-11-300, 1-11-310, 1-11-315, 1-11-320, 1-11-335, 1-11-340, 1-11-435, 2-13-240, CHAPTER 9 OF TITLE 3; 10-1-10, 10-1-30, AS AMENDED, 10-1-40, 10-1-130, 10-1-190, CHAPTER 9 OF TITLE 10, 10-11-50, AS AMENDED, 10-11-90, 10-11-110, 11-9-610, 11-9-620, 11-9-630, 11-35-3810, 11-35-3820, 11-35-3830, 11-35-3840, 13-7-30, 13-7-830, ALL AS AMENDED, 48-46-30, 48-46-40, AS AMENDED, 48-46-50, 48-46-60, 48-46-90, 48-52-410, 48-52-440, AS AMENDED, 48-52-460, 48-52-680, 44-53-530, AS AMENDED, AND 44-96-140; AND TO ADD SECTION 1-11-185, ALL RELATING TO VARIOUS AGENCY OR DEPARTMENT PROVISIONS SO AS TO CONFORM THEM TO THE ABOVE PROVISIONS PERTAINING TO THE NEW DEPARTMENT OF ADMINISTRATION OR TO SUPPLEMENT SUCH PROVISIONS.
Ordered for consideration tomorrow.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4991 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 20-7-124, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF GUARDIANS AD LITEM IN CHILD ABUSE AND NEGLECT CASES, SO AS TO PROVIDE THAT THE SOUTH CAROLINA GUARDIAN AD LITEM PROGRAM HAS THE RIGHT TO INTERVENE IN A PROCEEDING TO PETITION TO HAVE THE GUARDIAN AD LITEM REMOVED IF THE GUARDIAN AD LITEM IS NOT COMPLYING WITH STATE LAW OR IS NOT ACTING IN THE BEST INTEREST OF THE CHILD; AND TO AMEND SECTION 20-7-126, AS AMENDED, RELATING TO CONFIDENTIALITY OF REPORTS AND INFORMATION MAINTAINED BY THE GUARDIAN AD LITEM PROGRAM, SO AS TO ALSO PROVIDE THAT REPORTS AND INFORMATION MAINTAINED BY A GUARDIAN AD LITEM IS CONFIDENTIAL.
Referred to Committee on Judiciary
H. 4992 (Word version) -- Rep. Cooper: A BILL TO AMEND SECTION 9-1-1810, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, 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, INCLUDING INCREASED EMPLOYER CONTRIBUTIONS, 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 9-11-310, 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, INCLUDING INCREASED EMPLOYER CONTRIBUTIONS, 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.
Rep. COOPER asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. MERRILL objected.
Referred to Committee on Ways and Means
The following was introduced:
H. 4993 (Word version) -- Rep. Hardwick: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR LOUIS KRIEGER OF HORRY COUNTY FOR HIS EFFORTS TO ENABLE WORLD WAR II VETERANS OF HORRY COUNTY TO TRAVEL TO WASHINGTON, D.C., TO VISIT THE MEMORIAL DEDICATED TO THE VETERANS OF THAT WAR, AND TO CONGRATULATE HIM FOR BEING RECOGNIZED AS THE 2008 CITIZEN OF THE YEAR BY THE MURRELLS INLET ELKS LODGE.
The Resolution was adopted.
The motion period was dispensed with on motion of Rep. SCARBOROUGH.
Rep. THOMPSON moved to adjourn debate upon the following Bill until Wednesday, April 16, 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. G. R. SMITH moved to adjourn debate upon the following Bill until Wednesday, April 16, 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. MERRILL moved to adjourn debate upon the following Bill until Wednesday, April 16, 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.
The following Joint Resolution was taken up:
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.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\DT\27134BB08), which was adopted:
Amend the joint resolution, as and if amended, by deleting all after the enacting words and inserting:
/SECTION 1. (A) The Department of Agriculture may relocate the Columbia State Farmers' Market from its current location on Bluff Road in Richland County to a new location selected by the Commissioner of Agriculture in Lexington County.
(B) The following funds are authorized or re-authorized to be used for the relocation project:
(1) the balance of the ten million dollars from the Capital Improvement Bond funds authorized in the 1999 Bond Act;
(2) a minimum of fourteen million eight hundred fifty thousand dollars from the sale of the existing market or the current appraised value, whichever is greater;
(3) the two million five hundred thousand dollars from the Ordinary Sinking Fund;
(4) the fifteen million dollars from the Capital Reserve Fund in 2007; and
(5) the proceeds from the sale of the Columbia Metrology Laboratory and the contiguous tract of state land.
The department may use no more than twenty-two million five hundred thousand dollars for the relocation project. This joint resolution modifies and supersedes any conflicting language found in Section 22 of Act 117 of 2007.
(C) As part of the relocation project authorized in this joint resolution, the Commissioner of Agriculture is authorized to terminate the pending project on the Walker Tract in Richland County, to resolve any related disputes, negotiate and enter any agreements incidental to the relocation project, and to engage any needed professional services. Should the commissioner terminate plans to locate the pending project at the Richland County site, as part of the commissioner's efforts to resolve and negotiate any disputes, the commissioner is directed to transfer and convey the portion of the Walker Tract conveyed to the State by Richland County back to Richland County. Provided, if Richland County were to transfer the property or any portion of the property within three years of receiving title from the commissioner, the county must pay the State two and one-half million dollars for the improvements to the property made by the State. However, if Richland County transfers only a portion of the property within the three-year period prescribed, the county must pay a pro-rata share of the two and one-half million dollars based upon the corresponding percentage of the acreage transferred by the county. Further, prior to the transfer of any of the Walker Tract property to the county, the county must sign a complete cross-release and waiver of any claims, demands, or obligations against the State, its agents, employees, agencies, and officials related to this project except as contained in this act. Should the commissioner transfer this property to the county, no further consideration from the county will be required. If the county still owns the property or a portion of it after the three-year period prescribed in this act, the county has no other obligations to the State in connection with the property, regardless of the county's subsequent acts in connection with the property. The commissioner shall provide a quarterly update on the progress of the relocation of the Columbia State Farmers' Market and the implementation of the statewide farmers' market plan to the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee. Further, notwithstanding any other provision of law relating to the approval of state real property transactions, the commissioner must consult with the Chairman of Senate Finance Committee, the Chairman of Ways and Means Committee, and the Division of General Services prior to entering into any real property transaction. Any real estate purchased as part of the relocation project shall be titled in the name of the State of South Carolina. The commissioner is prohibited from purchasing any real estate for the project at an amount greater than the appraised value.
(D) As part of the relocation project, the commissioner, in consultation with the Division of General Services, is authorized to sell and convey the Columbia Metrology Laboratory location and the contiguous tract of land.
(E) The remaining funds are authorized to be used to implement a statewide farmers' market system. The Commissioner of Agriculture is authorized to work with Clemson University to analyze the current status of markets throughout the State and to study the statewide farmers' market system. The commissioner shall select the appropriate locations and enhancements for the statewide system based upon Clemson University's recommendations, which must include an analysis of agricultural and other economic data. The department may not expend more than one million five hundred thousand dollars of the remaining funds on any individual farmers' market.
(F) The department may expend a portion of the remaining funds, as determined necessary by the Division of General Services, for rent and other cost escalations related to the department's laboratory on Williams Street.
(G) Upon completion of the relocation of the Columbia State Farmers' Market, and the complete implementation of the statewide farmers' market system provided for in subsection (E), the department must return any unused balance of the designated funds to the general fund of the State.
SECTION 2. This joint resolution takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. BINGHAM explained the amendment.
The amendment was then adopted.
Rep. BINGHAM proposed the following Amendment No. 5 (Doc Name COUNCIL\DT\27160BB08), which was adopted:
Amend the joint resolution, as and if amended, SECTION 1(B), page 1066-1, lines 32-33, by deleting the words /or the current appraised value, whichever is greater/
Amend the joint resolution further, SECTION 1(B), page 1066-1, line 41 before /./ by inserting /, and of this amount, up to three million dollars may be used for public improvements related to roads, water, sewer, and other infrastructure, to be spent by the Commissioner of Agriculture, in consultation with the Division of General Services. State funds must be placed in escrow. The release of the funds is contingent upon project inspection and certification by the State Engineer's Office and must be disbursed as those improvements are actually constructed. The Department of Agriculture must obtain the approval of the coordinating council prior to spending the balance of the twenty-two million, five hundred thousand dollars allocated for the market relocation./
Renumber sections to conform.
Amend title to conform.
Rep. BINGHAM explained the amendment.
The amendment was then adopted.
Rep. BALES proposed the following Amendment No. 6 (Doc Name COUNCIL\SWB\5510CM08), which was tabled:
Amend the joint resolution, as and if amended, by adding the following appropriately numbered SECTION:
/ SECTION __. Notwithstanding another provision of law, the State Budget and Control Board and the Department of Agriculture shall execute and deliver a deed to Richland County for the proposed farmer's market known as the Walker Tract located on Pineview Drive in Richland County within thirty days after the effective date of this Joint Resolution. /
Renumber sections to conform.
Amend title to conform.
Rep. BALES explained the amendment.
Rep. J. H. NEAL spoke in favor of the amendment.
Rep. J. H. NEAL moved to adjourn debate on the Joint Resolution.
Rep. BINGHAM moved to table the motion.
Rep. BALES demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bannister Barfield Battle Bedingfield Bingham Bowen Bowers Branham Cato Chalk Clemmons Clyburn Cooper Crawford Daning Dantzler Delleney Duncan Edge Erickson Frye Funderburk Gambrell Gullick Hagood Haley Hamilton Hardwick Harrell Haskins Hayes Hiott Hosey Hutson Jennings Kelly Kennedy Kirsh Knight Leach Limehouse Littlejohn Loftis Lowe Lucas Mahaffey McLeod Merrill Miller Moss Mulvaney Ott Owens Perry Pinson E. H. Pitts Rice Scarborough Sellers Shoopman Simrill Skelton D. C. Smith G. R. Smith J. R. Smith Spires Stavrinakis Stewart Talley Thompson Toole Umphlett Vick Walker White Whitmire Witherspoon Young
Those who voted in the negative are:
Agnew Allen Anderson Bales Ballentine Brady Brantley R. Brown Coleman Cotty Davenport Harrison Hart Harvin Herbkersman Hodges Howard Jefferson Mack Mitchell J. H. Neal J. M. Neal Neilson Rutherford Sandifer Scott G. M. Smith Weeks Whipper Williams
So, the motion to adjourn debate was tabled.
Rep. BINGHAM spoke against the amendment.
Rep. BINGHAM moved to table the amendment, which was agreed to.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Agnew Alexander Allen Anderson Ballentine Bannister Barfield Battle Bedingfield Bingham Bowen Bowers Brady Brantley R. Brown Cato Chalk Clemmons Clyburn Cobb-Hunter Coleman Cooper Cotty Crawford Daning Dantzler Davenport Delleney Duncan Edge Erickson Frye Funderburk Gambrell Govan Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Hart Harvin Haskins Hayes Herbkersman Hiott Hodges Hosey Hutson Jennings Kelly Kennedy Kirsh Knight Leach Littlejohn Loftis Lowe Lucas Mack Mahaffey McLeod Merrill Miller Mitchell Moss Mulvaney J. M. Neal Neilson Ott Owens Perry Pinson E. H. Pitts M. A. Pitts Rice Sandifer Scarborough Scott Sellers Shoopman Simrill Skelton D. C. Smith F. N. Smith G. M. Smith G. R. Smith J. R. Smith Spires Stavrinakis Stewart Talley Taylor Thompson Toole Umphlett Vick Walker Weeks Whipper White Whitmire Witherspoon Young
Those who voted in the negative are:
Bales Howard J. H. Neal Rutherford
So, the Joint Resolution, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
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, Duncan, Cato, Cooper, Dantzler, G. M. Smith, Whipper, R. Brown, Mahaffey, Toole, Herbkersman, Simrill, Littlejohn, Loftis and Hayes: 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.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\DT\27142BB08), which was adopted:
Amend the bill, as and if amended, Section 6-35-20(1) as contained in SECTION 1, pages 1-2, by striking the subsection in its entirety and inserting:
/ (1) 'Assessment' means a charge against the real property belonging to an owner within an improvement district created pursuant to this chapter and that the aggregate of all assessments imposed within the district must be proportionate to the value of the improvements to be constructed within the district as determined by the owner. The assessment must be made upon real property located within the district, other than property constituting improvements within the meaning of this section, and may be based upon assessed value, front footage, area per parcel basis, the value of improvements to be constructed within the district, or a combination of them or another basis agreed to between the owner and the governing body, as the basis is determined by the governing body of the county. An assessment imposed under this chapter remains valid and enforceable in accordance with the provisions of this chapter even if there is a later subdivision and transfer of the relevant property or a part of it. An improvement plan may provide for a change in the basis of assessment upon the subdivision or transfer of real property./
Amend the bill further, as and if amended, Section 6-35-20(2), as contained in SECTION 1, page 2, by striking the subsection in its entirety and inserting:
/ (2) 'Improvements' include, but are not limited to, capital public infrastructure improvements, such as a parkway, park and playground; a recreation facility, athletic facility, and pedestrian facility; sidewalk; parking facility ancillary to another public facility; facade redevelopment; storm drain; the relocation, construction, widening, and paving of a street, road, and bridge, including demolition of them; underground utility dedicated or to be dedicated to public use; all improvements permitted under Chapter 35, Title 4; a building or other facility for public use; public works eligible for financing under the provisions of Section 6-21-50; and things incidental to an improvement including, but not limited to, planning, engineering, promotion, marketing, and acquisition of necessary easements and land, and may include a facility for lease or use by a private person, firm, or corporation. Improvements also include the construction of a new public school and the renovation and expansion of an existing school. However, maintenance and an operational expense are not considered to be improvements. The construction of the improvements must comply with applicable state and federal law and regulations governing the construction of similar public improvements installed or constructed by a private entity. Improvements may be designated by the governing body as public works eligible for revenue bond financing pursuant to Section 6-21-50, and these improvements, taken in the aggregate, may be designated by the governing body as a 'system' of related projects within the meaning of Section 6-21-40. The owner, after due investigation and study, may determine that improvements located outside the boundaries of a district confer a benefit upon property inside a district or are necessary to make improvements within the district effective for the benefit of property inside the district. Improvements must service primarily an owner of the property within the district, this requirement being deemed to be met if the improvements are situated within:
(a) the district; or
(b) a designated service area that benefits the district./
Amend the bill further, as and if amended, Section 6-35-20(6), as contained in SECTION 1, page 3, by striking the subsection in its entirety and inserting:
/ (6) 'Owner' means the legal owner or owners of record of the real property that comprises the district as of the time the district is proposed./
Amend the bill further, as and if amended, Section 6-35-40, as contained in SECTION 1, page 3, by striking the section in its entirety and inserting:
/ Section 6-35-40. Nothing contained in this chapter may be construed to limit or restrict the existing powers of an owner, county, municipality, or local school board. The authorization contained in this chapter is in addition to their powers and is provided as an additional means for the provision of infrastructure and improvements related to new development./
Amend the bill further, as and if amended, Section 6-35-50(A)(2), as contained in SECTION 1, page 4, by striking the item in its entirety and inserting:
/ (2) The amount of the assessment must be based on actual costs of the improvement or reasonable estimates of those costs, to include, but not be limited to, interest expense, bond issuance costs, architectural and engineering costs, furniture, fixture and equipment costs, supported by sound studies./
Amend the bill further, as and if amended, Section 6-35-50(C), as contained in SECTION 1, page 4, by striking the subsection in its entirety and inserting:
/ (C) A governing body shall prepare and publish an annual report describing, for each district, the amount of all assessments collected, appropriated, or spent during the preceding year. An annual summary must be made publicly available at the time that property tax bills are disseminated to property owners within the district./
Amend the bill further, as and if amended, Section 6-35-70, as contained in SECTION 1, page 5, by striking the section in its entirety and inserting:
/ Section 6-35-70. Bonds issued by the county or municipality pursuant to this chapter do not count for the purposes of calculating the bond-borrowing limit pursuant to Article X of the Constitution of this State./
Amend the bill further, as and if amended, Section 6-35-130(A)(2), as contained in SECTION 1, page 6, by striking the item in its entirety and inserting:
/ (2) once a week for two successive weeks in a newspaper of general circulation within the relevant county./
Amend the bill further, as and if amended, Section 6-35-180, as contained in SECTION 1, page 7, by striking the section in its entirety and inserting:
/ Section 6-35-180. If the governing body creates an assessment, a certified copy by the clerk of the municipality or county must be filed in the office of the register of deeds for the county or counties where the district is situated and delivered to the auditor of the relevant county. If the district is located in a municipality, it must be filed in the county in which the municipality is situated. From the time of the filing, the assessment constitutes and is a lien on the real property against which it is assessed superior to all other liens and encumbrances, except the lien for property taxes, and must be assessed annually and collected with the property taxes on it./
Amend the bill further, as and if amended, by adding the following on page 7 after line 41:
/ Section 6-35-190. The governing body may abolish the district if there is no outstanding public debt for which the assessments have been imposed on property within the district for the payment of debt. The governing body must first conduct a public hearing. Notice of the hearing must appear in a newspaper of general circulation in the district two weeks before the hearing is held./
Renumber sections to conform.
Amend title to conform.
Rep. BINGHAM explained the amendment.
Rep. BINGHAM spoke in favor of the amendment.
The amendment was then adopted.
Reps. YOUNG and MULVANEY proposed the following Amendment No. 2 (Doc Name COUNCIL\DKA\3863DW08), which was adopted:
Amend the bill, as and if amended, SECTION 1, page 6, after line 15, by inserting:
/ Section 6-35-115. If an improvement or a collective improvement is or pertains to a school including, but not limited to, new construction or additions to existing construction, then the improvement or the collective improvement must be approved by the local school board before the creation of the district. /
Renumber sections to conform.
Amend title to conform.
Rep. MULVANEY explained the amendment.
Rep. SCOTT raised the Point of Order that Amendment No. 2 was out of order in that it was not germane to the Bill. He stated that the Bill dealt with local developers working with municipalities allowing them to make decisions concerning infrastructure improvements.
Rep. MULVANEY argued contra.
SPEAKER HARRELL stated that both the Bill and the Amendment dealt with construction and improvement for residential improvement districts and he overruled the Point of Order.
Rep. MULVANEY continued speaking.
The SPEAKER granted Rep. LOFTIS a leave of absence for the remainder of the day.
Rep. MULVANEY continued speaking.
The amendment was then adopted.
Rep. HUTSON proposed the following Amendment No. 3 (Doc Name COUNCIL\GJK\20626SD08), which was adopted:
Amend the bill, as and if amended, by adding a new SECTION immediately after Section 6-35-90 of the 1976 Code, as contained in SECTION 1, to read:
/ Section 6-35-95. The owner/developer of the real property in a residential improvement district must disclose to a prospective purchaser of residential real property in the improvement district that the property will be subject to an assessment under the provisions of this chapter and the annual amount and duration of the assessments. /
Renumber sections to conform.
Amend title to conform.
Rep. HUTSON explained the amendment.
The amendment was then adopted.
Rep. HUTSON proposed the following Amendment No. 4 (Doc Name COUNCIL\GJK\20623SD08), which was tabled:
Amend the bill, as and if amended, by adding a new section immediately after Section 6-35-50 of the 1976 Code, as contained in SECTION 1, to read:
/ Section 6-35-55. (A) If the residential real property located in a residential improvement district when acquired from a developer/owner and occupied by a transferee will qualify for the property tax classification allowed pursuant to Section 12-43-220(c), there is allowed as a credit against the assessment imposed by this chapter the amount of ad valorem taxes paid by the transferee in the preceding ten years on real property in this State classified for property tax purposes pursuant to Section 12-43-220(c) at the rate of one dollar of credit for each four dollars of property tax paid if the residential real property is previously untaxed new construction. If the credit allowed by this section exceeds the amount of the assessment for any year, the balance may be carried forward and applied against assessments for future years.
(B) A credit is not allowed unless the transferee makes an affidavit, under penalty of perjury, that the property tax paid and used as a credit against the assessment has not been used to claim a credit against the assessment imposed in another transfer in the same residential improvement district or in another transaction in a different residential improvement district./
Renumber sections to conform.
Amend title to conform.
Rep. HUTSON explained the amendment.
Rep. MULVANEY raised the Point of Order that Amendment No. 4 was out of order in that it was not germane to the Bill in that the Amendment dealt with property taxes while the Bill did not.
Rep. HUTSON argued contra.
SPEAKER HARRELL overruled the Point of Order.
Rep. HUTSON continued speaking.
Rep. BEDINGFIELD moved to table the amendment, which was agreed to.
Rep. HUTSON spoke against the Bill.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Agnew Alexander Allen Anderson Bales Ballentine Bannister Barfield Battle Bedingfield Bingham Bowen Bowers Brady Branham Brantley R. Brown Cato Chalk Clemmons Clyburn Cobb-Hunter Coleman Cooper Cotty Crawford Daning Dantzler Delleney Duncan Edge Erickson Frye Funderburk Gambrell Govan Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Harvin Haskins Hayes Herbkersman Hiott Hodges Hosey Howard Jefferson Jennings Kelly Kennedy Kirsh Leach Limehouse Littlejohn Lowe Lucas Mack Mahaffey Merrill Miller Mitchell Moss Mulvaney J. H. Neal J. M. Neal Neilson Ott Owens Perry Pinson E. H. Pitts M. A. Pitts Rice Rutherford Sandifer Scarborough Scott Sellers Shoopman Simrill Skelton D. C. Smith F. N. Smith G. M. Smith G. R. Smith J. R. Smith Stavrinakis Stewart Talley Taylor Thompson Toole Umphlett Vick Viers Walker Weeks Whipper White Whitmire Williams Witherspoon Young
Those who voted in the negative are:
Hutson
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. STAVRINAKIS moved that the House recede until 3:00 p.m., which was agreed to.
At 3:00 p.m. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
The following Bill was taken up:
H. 4725 (Word version) -- Reps. Harrell, Scarborough, Harrison, Merrill, Clemmons, Haley, Cotty, Erickson and Taylor: 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.
Rep. CLEMMONS proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\12240AC08), which was rejected:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. The State Election Commission shall implement the provisions of this act immediately upon the receipt of all required federal approval. The State Election Commission shall seek the necessary federal approval immediately upon this act taking effect./
Renumber sections to conform.
Amend title to conform.
Rep. CLEMMONS explained the amendment.
Rep. OTT moved to adjourn debate on the Bill until Wednesday, April 16.
Rep. CLEMMONS moved to table the motion, which was agreed to by a division vote of 44 to 24.
The amendment was then rejected.
Rep. VICK proposed the following Amendment No. 2 (Doc Name COUNCIL\DKA\3865DW08), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. Article 3, Chapter 13, Title 7 of the 1976 Code is amended by adding:
"Section 7-13-368. If a nonpartisan school election is held on the same day as another election, the entity charged by law with conducting the elections shall prepare one ballot for all elections conducted on that day." /
Renumber sections to conform.
Amend title to conform.
Rep. VICK explained the amendment.
The amendment was then adopted.
Rep. MCLEOD spoke against the Bill.
Rep. WHIPPER spoke against the Bill.
Rep. J. H. NEAL spoke against the Bill.
Rep. SCOTT moved to recommit the Bill to the Committee on Judiciary.
Rep. CLEMMONS moved to table the motion.
Rep. SCOTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Ballentine Bannister Barfield Battle Bedingfield Bingham Bowen Brady Cato Chalk Clemmons Cooper Cotty Crawford Daning Dantzler Delleney Duncan Edge Erickson Frye Gambrell Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Herbkersman Hiott Huggins Hutson Kelly Kirsh Knight Leach Limehouse Littlejohn Lowe Lucas Mahaffey Merrill Moss Mulvaney Owens Perry Pinson E. H. Pitts Rice Sandifer Scarborough Shoopman Simrill Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith Spires Talley Taylor Thompson Toole Umphlett Vick Viers Walker White Witherspoon Young
Those who voted in the negative are:
Agnew Alexander Allen Anderson Bales Bowers Branham Brantley Breeland R. Brown Clyburn Cobb-Hunter Funderburk Govan Hart Harvin Hayes Hodges Howard Jefferson Jennings Kennedy Mack McLeod Miller Mitchell J. H. Neal J. M. Neal Neilson Ott Parks Rutherford Scott Sellers F. N. Smith Stavrinakis Weeks Whipper Williams
So, the motion to recommit the Bill was tabled.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Ballentine Bannister Barfield Battle Bedingfield Bingham Bowen Brady Cato Clemmons Cooper Cotty Crawford Daning Dantzler Delleney Duncan Edge Erickson Frye Gambrell Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Herbkersman Hiott Huggins Hutson Kelly Kirsh Leach Limehouse Littlejohn Lowe Lucas Mahaffey Merrill Moss Mulvaney J. M. Neal Neilson Owens Perry Pinson E. H. Pitts Rice Sandifer Scarborough Shoopman Simrill Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith Spires Talley Taylor Thompson Toole Umphlett Vick Viers Walker White Witherspoon Young
Those who voted in the negative are:
Agnew Alexander Allen Anderson Bales Bowers Branham Brantley Breeland R. Brown Clyburn Cobb-Hunter Funderburk Govan Hart Harvin Hayes Hodges Howard Jefferson Jennings Kennedy Knight Mack McLeod Miller Mitchell J. H. Neal Ott Parks Rutherford Scott Sellers F. N. Smith Stavrinakis Weeks Whipper Williams
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
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.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7574AHB08), which was tabled:
Amend the bill, as and if amended, by deleting Section 7-13-770(B) in its entirety, as contained in SECTION 1, page 2, lines 1 - 4, and inserting:
/ (B) A child under the age of seventeen accompanied by a qualified elector may accompany the qualified elector in the voting booth while he is casting his ballot. The qualified elector shall attest that the person accompanying him is the child under the age of seventeen of the elector."/
Renumber sections to conform.
Amend title to conform.
Rep. CLEMMONS spoke against the amendment.
Rep. CLEMMONS moved to table the amendment, which was agreed to.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Agnew Allen Anderson Bales Ballentine Bannister Barfield Battle Bedingfield Bingham Bowen Bowers Brady Branham Brantley Breeland R. Brown Cato Chalk Clemmons Cobb-Hunter Cooper Cotty Crawford Daning Dantzler Delleney Duncan Edge Erickson Frye Funderburk Gambrell Govan Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Hart Harvin Haskins Hayes Herbkersman Hiott Hodges Howard Huggins Hutson Jefferson Jennings Kelly Kennedy Kirsh Knight Leach Limehouse Littlejohn Lowe Lucas Mack Mahaffey McLeod Merrill Miller Mitchell Moss Mulvaney J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Pinson E. H. Pitts Rice Rutherford Sandifer Scarborough Scott Sellers Shoopman Simrill Skelton D. C. Smith F. N. Smith G. M. Smith G. R. Smith J. R. Smith Spires Stavrinakis Talley Taylor Thompson Toole Umphlett Vick Viers Walker Weeks Whipper White Williams Witherspoon Young
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
I was temporarily out of the Chamber during the vote on S. 14. Had I been present, I would have voted "yea", in favor of the Bill.
Rep. Bill Clyburn
The following Bill was taken up:
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, Loftis, Hodges, Skelton and Hagood: 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 Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\10442HTC08), which was adopted:
Amend the bill, as and if amended, by striking Section 12-36-2647 as added in SECTION 2, page 2, and inserting:
/ Section 12-36-2647. (A) Notwithstanding the provisions of Section 59-21-1010, an amount as provided in subsection (B) of this section of sales, use, and casual excise tax revenues derived from the sale, use, or titling of a vehicle required to be licensed and registered by the South Carolina Department of Motor Vehicles, otherwise required to be credited as provided pursuant to Section 59-21-1010, instead must be credited to the State Non-Federal Aid Highway Fund established pursuant to Section 57-11-20. Revenues credited to the State Non-Federal Aid Highway Fund pursuant to this section must be used exclusively for highway, road, and bridge maintenance.
(B) In fiscal year 2008-2009, an amount equal to ten million dollars of the revenues specified in subsection (A) of this section must be credited to the State Non-Federal Aid Highway Fund. In each succeeding fiscal year, an additional thirty million dollars must be added to the cumulative total amount credited to the State Non-Federal Aid Highway Fund in the preceding fiscal year, pursuant to this section, until and after which all of the specified revenues must be so credited.
(C) There is transferred from income tax revenues credited to the general fund of the State in each fiscal year to the Education Improvement Fund an amount sufficient to offset sales tax revenues not credited to the EIA fund as a result of the reduction of sales tax revenues provided pursuant to this section.
(D) In fiscal year 2008-2009, there must be transferred from nonstate tax revenues in the State Highway Fund to the State Highway Account of the South Carolina Transportation Infrastructure Bank an amount equal to ten million dollars. In each succeeding fiscal year, an additional ten million dollars must be added to the cumulative total of this transfer in the prior fiscal year and similarly transferred until the amount of this transfer equals fifty percent of the amount required to be transferred to the State Non-Federal Aid Highway Fund pursuant to this section in each fiscal year. /
Renumber sections to conform.
Amend title to conform.
Rep. LITTLEJOHN spoke in favor of the amendment.
Rep. OTT spoke in favor of the amendment.
Rep. G. R. SMITH moved to table the amendment.
Rep. LITTLEJOHN demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
G. R. Smith
Those who voted in the negative are:
Agnew Allen Anderson Bales Ballentine Bannister Barfield Battle Bedingfield Bingham Bowen Bowers Brady Branham Breeland R. Brown Cato Chalk Clemmons Clyburn Cobb-Hunter Cooper Cotty Crawford Daning Delleney Duncan Edge Erickson Frye Funderburk Gambrell Govan Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Hart Harvin Haskins Hayes Herbkersman Hodges Howard Huggins Hutson Jefferson Jennings Kelly Kennedy Kirsh Knight Leach Limehouse Littlejohn Lowe Lucas Mack Mahaffey McLeod Merrill Miller Mitchell Moss Mulvaney J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Pinson E. H. Pitts Sandifer Scarborough Scott Sellers Simrill Skelton D. C. Smith F. N. Smith G. M. Smith J. R. Smith W. D. Smith Spires Stavrinakis Talley Taylor Thompson Toole Umphlett Vick Viers Walker Weeks Whipper White Williams Witherspoon Young
So, the House refused to table the amendment.
The amendment was then adopted.
Rep. RICE proposed the following Amendment No. 2 (Doc Name COUNCIL\BBM\10495HTC08), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. A. Section 12-28-310 of the 1976 Code, as last amended by Act 386 of 2006, is further amended to read:
"Section 12-28-310. (A) Subject to the exemptions provided in this chapter, a user fee of sixteen twenty-one cents a gallon is imposed on:
(1) all gasoline, gasohol, or blended fuels containing gasoline that are used or consumed for any purpose in this State; and
(2) all diesel fuel, substitute fuels, or alternative fuels, or blended fuels containing diesel fuel that are used or consumed in this State in producing or generating power for propelling motor vehicles.
(B) The user fee levied on motor fuel subject to the user fee pursuant to this chapter is a levy and assessment on the consumer, and the levy and assessment on other persons as specified in this chapter are as agents of the State for the collection of the user fee. This section does not affect the method of collecting the user fee as provided in this chapter. The user fee imposed by this section must be collected and paid at those times, in the manner, and by the persons specified in this chapter.
(C) The license user fee imposed by this section is instead of all sales, use, or other excise tax that may be imposed otherwise by any municipality, county, or other local political subdivision of the State.
(D)(1) Notwithstanding any other provision of law, and for fiscal years 2008-2009 through 2010-2011 only, a fraction of five cents a gallon of the user fee imposed pursuant to this section sufficient to produce the revenues provided in the schedule in this item is deemed a tax imposed for the general operations of state government the revenue of which must be credited to the general fund of the State as follows:
Fiscal Year Revenue credited to
state general fund
2008-2009 $90,000,000
2009-2010 $56,000,000
2010-2011 $28,000,000.
(2) except as provided in item (3) of this subsection, the revenue of the user fee imposed pursuant to this section in excess of sixteen cents a gallon, less amounts deemed taxes and credited to the general fund of the State, must be credited to the State Nonfederal Aid Highway Fund and used exclusively for highway, road, and bridge maintenance.
(3) In fiscal year 2008-2009, there must be transferred from nonstate tax revenues in the State Highway Fund to the State Highway Account of the South Carolina Transportation Infrastructure Bank an amount equal to ten million dollars. In each succeeding fiscal year, an additional ten million dollars must be added to the cumulative total of this transfer in the prior fiscal year and similarly transferred until the amount of this transfer equals fifty percent of the amount required to be credited to the State Non-Federal Aid Highway Fund pursuant to this item in each fiscal year.
(4) Beginning with fiscal year 2009-2010, an amount equal to twenty-five percent of the user fee in excess of sixteen cents a gallon not reduced by amounts deemed taxes and credited to the general fund of the State must be distributed and used as 'C' funds are distributed and used pursuant to Section 12-28-2740 except that:
(a) in lieu of the distribution formula provided pursuant to Section 12-28-2740, the revenue must be apportioned on the basis that the proportion of rural road miles in the county is of rural road miles statewide. For purposes of the apportionment, rural road miles consist of county and state roads not included in an urbanized Metropolitan Planning Organization area; and
(b) there is no minimum amount of a county's allocation pursuant to this item that must be expended on the State highway system."
B. Section 56-11-410 of the 1976 Code is amended to read:
"Section 56-11-410. (A) A road tax for the privilege of using the streets and highways in this State is imposed upon every motor carrier. The tax is equivalent to sixteentwenty-one cents a gallon, calculated on the amount of gasoline or other motor fuel used by the motor carrier in its operations within this State. Except as credit for certain taxes as provided for in this chapter, taxes imposed on motor carriers by this chapter are in addition to taxes imposed upon the carriers by any other provision of law.
(B) For purposes of uses of the revenue, the revenue of the road tax in excess of sixteen cents a gallon imposed pursuant to this section is deemed to be revenue of the user fee imposed pursuant to Section 12-28-310 and must be credited as provided pursuant to Section 12-28-310(D)."
SECTION 2. Section 12-36-2120 of the 1976 Code is amended by adding a new item at the end appropriately numbered to read:
"( )(a) Effective July 1, 2008, all vehicles required to be licensed and registered by the South Carolina Department of Motor Vehicles and which, in the absence of the exemption allowed by this item, would be subject to a maximum sales, use, and casual excise tax pursuant to Section 12-36-2110(A).
(b) There is transferred from income tax revenues credited to the general fund of the State in each fiscal year to the Education Improvement Fund an amount sufficient to offset sales tax revenues not credited to the EIA fund as a result of the exemption provided pursuant to this item."
SECTION 3. This act takes effect July 1, 2008. /
Renumber sections to conform.
Amend title to conform.
Rep. RICE explained the amendment.
Rep. KENNEDY spoke in favor of the amendment.
Rep. J. H. NEAL spoke against the amendment.
Rep. J. H. NEAL spoke against the amendment.
Rep. SCOTT spoke against the amendment.
Rep. COOPER moved to table the amendment.
Rep. COOPER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Allen Bales Ballentine Bannister Barfield Battle Bedingfield Bingham Bowen Bowers Brady Branham Breeland R. Brown Cato Cooper Daning Delleney Edge Erickson Frye Funderburk Gambrell Govan Gullick Hagood Haley Harrell Harrison Haskins Hayes Herbkersman Hodges Howard Huggins Hutson Jefferson Jennings Kelly Kirsh Knight Leach Limehouse Littlejohn Lowe Lucas Mack Mahaffey McLeod Merrill Miller Mitchell Moss Mulvaney J. H. Neal J. M. Neal Neilson Ott Parks Perry Pinson E. H. Pitts Sandifer Scarborough Scott Sellers Shoopman Simrill Skelton D. C. Smith F. N. Smith G. M. Smith J. R. Smith W. D. Smith Spires Stavrinakis Talley Taylor Thompson Toole Vick Viers Walker Weeks Whipper White Williams Witherspoon Young
Those who voted in the negative are:
Hamilton Harvin Kennedy Owens Rice Umphlett
So, the amendment was tabled.
Rep. COOPER proposed the following Amendment No. 3 (Doc Name COUNCIL\SWB\5508CM08), which was adopted:
Amend the bill, as and if amended, by adding the following appropriately numbered SECTIONS:
/ SECTION __. Section 12-28-2920 of the 1976 Code is amended to read:
"Section 12-28-2920. (A) The department shall review projects for the possibility of constructing toll roads to defray the cost of these projects pursuant to the authority granted the department in Section 57-5-1330. No project may be funded by means of imposing a toll on the users of the project unless in conjunction with federal funds authorized for use on toll roads it is determined to be substantially feasible by the department. The funds derived from tolls must be:
(1) credited to the State Highway Fund or retained and applied by the entity or entities developing the toll road pursuant to an agreement authorized under Section 57-3-200 for the purpose of funding:
(a) the cost of construction, financing, operation, and maintenance of the toll project; or
(b) in the case of any Qualified Toll Project, the cost of acquisition, construction, equipping, improvement, financing, refinancing, operation, and maintenance of the toll project; or
(2) used to service bonded indebtedness for highway transportation purposes incurred pursuant to Paragraph 9, Section 13, Article X of the South Carolina Constitution.
(B) Upon repayment of the cost of construction and financing, toll charges shall cease, and in addition, in the case of any Qualified Toll Project upon the repayment of the cost of acquisition, construction, equipping, improvement, financing, refinancing, operation, maintenance, and satisfaction of the obligations of the department under any agreement authorized under Section 57-3-200, toll charges shall cease.
(C) For purposes of this section and Section 57-3-200, a 'Qualified Toll Project' is a toll project on which tolls were being collected prior to January 1, 2008."
SECTION __. Section 57-3-200 of the 1976 Code is amended to read:
"Section 57-3-200. (A) From the funds appropriated to the Department of Transportation and from any other sources which may be available to the department, the Department of Transportation may expend such funds as it deems necessary to enter into partnership agreements with political subdivisions including authorized transportation authorities, and or private entities to finance, by tolls and other financing methods,:
(1) the cost of acquiring, constructing, equipping, maintaining, and operating highways, roads, streets, and bridges in this State.;
(2) in the case of any Qualified Toll Project (as defined in Section 12-28-2920), the cost of acquiring, constructing, equipping, improving, maintaining, financing, refinancing, and operating highways, roads, streets, and bridges in this State, or
(3) the department shall establish the initial toll to be charged to the traveling public for the use of the transportation facility and any revisions to those tolls after providing public notice and a hearing.
(B) The provisions of this section must not be construed to confer upon the Department of Transportation or political subdivisions any power to finance by tolls or other means the acquisition, construction, equipping, maintenance or operation which the Department of Transportation or political subdivisions does not possess under other provisions of this Code." /
Renumber sections to conform.
Amend title to conform.
Rep. COOPER explained the amendment.
The amendment was then adopted.
I abstained from voting on Amendment No. 3, regarding toll roads.
Rep. Eric Bedingfield
Rep. OTT proposed the following Amendment No. 4 (Doc Name COUNCIL\BBM\10521HTC08), which was adopted:
Amend the bill, as and if amended, by striking subsections (B) and (D) of Section 12-36-2647, beginning on page 4549-1, and inserting:
/ (B) In fiscal year 2008-2009, an amount equal to ten million dollars of the revenues specified in subsection (A) of this section must be credited to the State Non-Federal Aid Highway Fund. In each succeeding fiscal year, an additional thirty million dollars must be added to the cumulative total amount credited as provided pursuant to this subsection in the preceding fiscal year, until and after which all of the specified revenues must be so credited. For fiscal years beginning after June 30, 2009, an amount equal to ten percent of the revenue credited pursuant to this subsection in a fiscal year must be credited and apportioned as 'C' funds are credited and apportioned pursuant to Section 12-28-2740. All of the additional 'C' fund revenues apportioned pursuant to this subsection must be expended solely for rural road maintenance and construction and this additional allocation is not subject to the requirement for twenty-five percent of 'C' funds to be expended on the state highway system as provided pursuant to Section 12-28-2740(C). The balance of the revenue credited in a fiscal year pursuant to this subsection must be credited to the State Non-Federal Aid Highway Fund.
(D) In fiscal year 2008-2009, there must be transferred from nonstate tax revenues in the State Highway Fund to the State Highway Account of the South Carolina Transportation Infrastructure Bank an amount equal to ten million dollars. In each succeeding fiscal year, one-half of the amount required to be transferred to the State Non-Federal Aid Highway Fund pursuant to subsection (B) in each fiscal year must be similarly transferred. /
Renumber sections to conform.
Amend title to conform.
Rep. OTT explained the amendment.
The amendment was then adopted.
Rep. G. R. SMITH proposed the following Amendment No. 5 (Doc Name COUNCIL\GJK\20640HTC08), which was tabled:
Amend the bill, as and if amended, in Section 12-36-2647, page 4549-2, by adding a new subsection at the end to read:
/ (E)(1) When funding amounts provided by the South carolina Transportation Infrastructure Bank (SCTIB) for projects that have been approved and the funds have been allocated, the transfers to the state highway account of the SCTIB pursuant to subsection (D) must cease./
Renumber sections to conform.
Amend title to conform.
Rep. G. R. SMITH explained the amendment.
Rep. COOPER moved to table the amendment.
Rep. G. R. SMITH demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Bales Barfield Battle Bingham Bowen Bowers Brady Branham Breeland R. Brown Clemmons Clyburn Cobb-Hunter Cooper Cotty Crawford Daning Edge Erickson Frye Funderburk Gambrell Govan Haley Hardwick Harrell Harrison Haskins Hayes Hodges Howard Huggins Hutson Jefferson Jennings Kirsh Knight Limehouse Littlejohn Lowe Mack McLeod Merrill Miller Mitchell Moss J. H. Neal Neilson Ott Owens Parks Perry Pinson E. H. Pitts Scarborough Scott Sellers Skelton D. C. Smith J. R. Smith Spires Stavrinakis Toole Umphlett Vick Viers Weeks White Witherspoon Young
Those who voted in the negative are:
Allen Ballentine Bannister Bedingfield Cato Gullick Hamilton Kelly Kennedy Leach Lucas Mahaffey Mulvaney J. M. Neal Rice Rutherford Sandifer Shoopman Simrill F. N. Smith G. R. Smith W. D. Smith Talley Taylor Thompson Walker
So, the amendment was tabled.
Rep. HERBKERSMAN proposed the following Amendment No. 10 (Doc Name COUNCIL\GJK\20643AB08), which was adopted:
Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:
/SECTION _____. The Department of Transportation shall conduct a feasibility study regarding the Cross Island Parkway on US Highway 278 in Beaufort County on the question of whether or not the toll booths thereon should be automated in order to lower the toll charge. This feasibility study shall be completed no later than January 1, 2009, and the department's reports and recommendations shall be provided to the Governor and to the presiding officer of each house of the General Assembly./
Renumber sections to conform.
Amend title to conform.
Rep. HERBKERSMAN explained the amendment.
The amendment was then adopted.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Agnew Allen Bales Ballentine Bannister Barfield Battle Bingham Bowen Bowers Brady Branham Breeland R. Brown Cato Chalk Clemmons Clyburn Cooper Cotty Crawford Daning Edge Erickson Gambrell Govan Gullick Hagood Haley Hardwick Harrell Harrison Haskins Hayes Herbkersman Hodges Howard Huggins Hutson Jefferson Jennings Kelly Kirsh Knight Leach Limehouse Littlejohn Lowe Lucas Mahaffey Merrill Miller Mitchell Moss Mulvaney J. M. Neal Neilson Ott Owens Parks Perry Pinson E. H. Pitts Rutherford Sandifer Scarborough Scott Sellers Shoopman Simrill Skelton D. C. Smith F. N. Smith G. R. Smith J. R. Smith W. D. Smith Spires Stavrinakis Talley Taylor Thompson Toole Umphlett Vick Viers Walker Whipper White Witherspoon Young
Those who voted in the negative are:
Cobb-Hunter Funderburk Hamilton Kennedy Mack McLeod J. H. Neal Rice Weeks Williams
So, the Bill, as amended, was read the second time and ordered to third reading.
My intention was to vote "yea" on H. 4549. I inadvertently voted 'nay'.
Rep. Gilda Cobb-Hunter
I abstained from voting on H. 4549, due to potential conflicts.
Rep. Eric Bedingfield
Rep. AGNEW moved to reconsider the vote whereby the Veto on R. 217, H. 3632 (Word version), was sustained and the motion was noted.
Rep. SELLERS moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 4970 (Word version) -- Rep. Howard: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE WORK OF WILHELMINA MCBRIDE OF RICHLAND COUNTY AND TO COMMEND HER FOR NEARLY A QUARTER CENTURY OF SERVICE TO THE WIL LOU GRAY OPPORTUNITY SCHOOL.
H. 4971 (Word version) -- Reps. Scott, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Daning, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR MARIE D. LEWIS OF BEAUFORT COUNTY FOR HER WORK AS NATIONAL PRESIDENT OF CHUMS, INC.
H. 4972 (Word version) -- Reps. Walker, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Daning, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND EXPRESS DEEP APPRECIATION TO THE INDEPENDENT COLLEGES AND UNIVERSITIES IN SOUTH CAROLINA DURING "INDEPENDENT COLLEGE AND UNIVERSITY WEEK" OF APRIL 14-18, 2008, AND ON "INDEPENDENT COLLEGE AND UNIVERSITY DAY" ON APRIL 16, 2008, FOR THEIR OUTSTANDING CONTRIBUTIONS IN EDUCATING OUR STATE'S AND NATION'S YOUTH.
H. 4975 (Word version) -- Rep. Davenport: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE BOILING SPRINGS GEYSER SITE IN SPARTANBURG COUNTY.
H. 4989 (Word version) -- Rep. Allen: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR LOUIE GOLDEN, ATHLETIC DIRECTOR AND HEAD BOYS BASKETBALL COACH FOR GREENVILLE'S SOUTHSIDE HIGH SCHOOL, FOR THIRTY-SIX YEARS OF COACHING EXCELLENCE, TYPIFIED BY HIS LATEST WIN, THE 2008 CLASS AA STATE BOYS BASKETBALL CHAMPIONSHIP TITLE.
H. 4990 (Word version) -- Reps. G. M. Smith and Weeks: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MARTHA DABBS GREENWAY OF SUMTER COUNTY FOR MORE THAN THIRTY YEARS OF OUTSTANDING DEDICATED PUBLIC SERVICE AND TO WISH HER MUCH SUCCESS AND HAPPINESS IN ALL HER FUTURE ENDEAVORS.
At 6:23 p.m. the House in accordance with the motion of Rep. SELLERS adjourned to meet at 10:00 a.m. tomorrow.
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