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 Deuteronomy 32:10: "The Lord shielded him, cared for him, guarded him, as the apple of his eye."
Let us pray. We give thanks to You, Heavenly Father, for Your continued protection over us. Grant us loving care throughout these days as these Representatives and staff labor together in doing the work of the people. Help us to always remember You made us to be in Your image, thus You keep us and remember who we are. Grant Your continual favor over 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.
Rep. KIRSH moved that when the House adjourns, it adjourn in memory of Mrs. Lola Mae Rose of Lugoff, mother of Jeannie Potter, secretary to the Speaker of the House, which was agreed to.
The House stood in silent prayer for Representative Bedingfield who had emergency surgery yesterday.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
H. 3023 (Word version) -- Rep. Bingham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 95 TO TITLE 38 SO AS TO ENACT THE INTERSTATE INSURANCE PRODUCT REGULATION COMPACT TO REGULATE CERTAIN DESIGNATED INSURANCE PRODUCTS AND ADVERTISEMENT OF THOSE PRODUCTS UNIFORMLY AMONG THE STATES THAT ARE COMPACT MEMBERS, AND TO AUTHORIZE THIS STATE TO JOIN THE COMPACT.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
S. 642 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 6-5-15 AND SECTION 11-13-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COLLATERAL REQUIRED TO SECURE THE UNINSURED FUNDS ON DEPOSIT OF A LOCAL GOVERNMENT ENTITY AND THE STATE, SO AS TO DEFINE A FINANCIAL INSTITUTION IN WHICH THESE FUNDS ARE DEPOSITED AS A QUALIFIED PUBLIC DEPOSITORY, TO ALLOW SUCH A DEPOSITORY TO SECURE THESE FUNDS USING THE DEDICATED METHOD OR THE POOLING METHOD, AND TO PROVIDE THAT THE LOCAL GOVERNMENT ENTITY OR STATE TREASURER MAY REQUIRE SUCH A DEPOSITORY TO USE THE DEDICATED METHOD.
Ordered for consideration tomorrow.
Rep. HOWARD, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:
H. 4022 (Word version) -- Reps. R. Brown, Allen, Bales, G. Brown, Davenport, Kirsh, Littlejohn, Mack, Mitchell, Neilson, Scott and F. N. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-7-285 SO AS TO ALLOW COSMETOLOGISTS, ESTHETICIANS, AND MANICURISTS TO PRACTICE IN BARBERSHOPS.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 4263 (Word version) -- Reps. Rutherford, Herbkersman, Thompson and Vick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-2700 SO AS TO DEFINE, SPECIFICALLY AND WITH EXAMPLES AND EXCLUSIONS, "AN AMUSEMENT REDEMPTION MACHINE", AND TO PROVIDE FOR CRIMINAL PENALTIES FOR REWARDING PLAYERS WITH ITEMS OTHER THAN FREE REPLAYS OR NONCASH MERCHANDISE.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 4737 (Word version) -- Rep. Harrison: A BILL TO AMEND CHAPTER 9, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE DEPARTMENT OF MENTAL HEALTH, SO AS TO PROVIDE THAT THE DIRECTOR MUST BE APPOINTED BY THE GOVERNOR INSTEAD OF THE COMMISSION, PROVIDE FOR THE ADVISORY CAPACITY OF THE COMMISSION, AND MAKE OTHER CHANGES TO PROVIDE CONFORMITY WITH THIS RESTRUCTURING; AND TO AMEND SECTIONS 44-11-30, 44-11-60, 44-11-70, 44-11-80, AND 44-11-110, RELATING TO VARIOUS POWERS, DUTIES, AND RESPONSIBILITIES OF THE SOUTH CAROLINA MENTAL HEALTH COMMISSION, SO AS TO FURTHER CONFORM THESE SECTIONS TO THE RESTRUCTURING OF THE POWERS OF THE COMMISSION.
Ordered for consideration tomorrow.
The following was introduced:
H. 5026 (Word version) -- Reps. Kennedy, Anderson, Harvin, Agnew, Alexander, 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, Cotty, Crawford, Daning, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF MR. FRED S. BURGESS OF WILLIAMSBURG COUNTY AND TO EXTEND THEIR DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5027 (Word version) -- Reps. Barfield, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, 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, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO EXPRESS THE GREAT CONCERN OF THE SOUTH CAROLINA GENERAL ASSEMBLY FOR THE WELFARE OF PASTOR PHILIP MILES OF CHRIST COMMUNITY CHURCH IN RICHLAND COUNTY, WHO IS BEING UNJUSTLY DETAINED IN A RUSSIAN PRISON, AND TO INSIST IN THE STRONGEST TERMS THAT THE RUSSIAN GOVERNMENT RELEASE PASTOR MILES FROM HIS IMPRISONMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5028 (Word version) -- Reps. Barfield, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, 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, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE BASKETBALL ACHIEVEMENTS OF JACK LEASURE, AN OUTSTANDING GUARD WITH COASTAL CAROLINA UNIVERSITY WHO CONCLUDED HIS ELIGIBILITY THIS SEASON, AND TO CONGRATULATE HIM FOR REACHING THE ALL-TIME BIG SOUTH RECORD FOR THREE-POINT SHOOTING.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5029 (Word version) -- Reps. Witherspoon and Loftis: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL UNDERTAKE THE ACTIONS PRESCRIBED AND REQUIRED BY THE SOUTH CAROLINA ADMINISTRATIVE PROCEDURES ACT TO PROMULGATE, AS REGULATIONS, THOSE POLICIES OF THE SOUTH CAROLINA COASTAL ZONE MANAGEMENT PLAN THAT ARE BOTH RELEVANT AND APPROPRIATE.
The Concurrent Resolution was ordered referred to the Committee on Agriculture, Natural Resources and Environmental Affairs.
The following was taken up for immediate consideration:
S. 1281 (Word version) -- Senator Knotts: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 28, 2008, AS THE DATE FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING CERTAIN MEMBERS OF THE BOARDS OF TRUSTEES OF THE CITADEL, CLEMSON UNIVERSITY, LANDER UNIVERSITY, AND WINTHROP UNIVERSITY; AND TO ESTABLISH A PROCEDURE REGARDING NOMINATIONS AND SECONDING SPEECHES FOR THE CANDIDATES FOR THESE OFFICES DURING THE JOINT SESSION.
Be it resolved by the Senate, the House of Representatives concurring:
(1) That the House of Representatives and the Senate meet in joint session in the Hall of the House of Representatives at 12:00 noon on Wednesday, May 28, 2008, for the purpose of electing members to the board of trustees of:
(a) The Citadel to the at-large seat, who were screened on April 1, 2008;
(b) Clemson University to the at-large seat whose term expires in 2010, who were screened on April 1, 2008;
(c) Lander University to the first district, seat number two, who were screened on April 1, 2008; and
(d) Winthrop University to the second district, seat number two, who were screened on April 1, 2008.
(2) That all nominations be made by the Chairman of the Joint Legislative Committee which screened the candidates for the above offices and that no further nominating nor any seconding speeches be made during the joint session by members of the General Assembly on behalf of any of the candidates.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1285 (Word version) -- Senators Anderson, Fair, Thomas and Vaughn: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF UNIVERSITY RIDGE IN THE CITY OF GREENVILLE FROM ITS INTERSECTION WITH CLEVELAND STREET TO ITS INTERSECTION WITH CHURCH STREET "WILFRED J. WALKER STREET" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS STREET THAT CONTAIN THE WORDS "WILFRED J. WALKER STREET".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 1286 (Word version) -- Senator Ford: A CONCURRENT RESOLUTION CONGRATULATING ST. EMMA MILITARY ACADEMY AND THE ST. FRANCIS DE SALES HIGH SCHOOL ON THE CELEBRATION OF THE FIFTIETH REUNION OF THE CLASS OF 1958, AND THE FORTIETH REUNION OF THE CLASS OF 1968.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 5030 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO TANNING FACILITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 3114, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
H. 5036 (Word version) -- Rep. Scarborough: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-242 SO AS TO PROVIDE FOR THE DEFINITION OF THE TERMS "ACTUAL CHARGE", "ACTUAL CHARGES", "ACTUAL FEE", OR "ACTUAL FEES" AND "PAYMENT IN FULL" WHEN USED IN AN INDIVIDUAL OR A GROUP SPECIFIED DISEASE INSURANCE POLICY AND TO REQUIRE THAT AN INSURER OR ISSUER OF AN INDIVIDUAL OR A GROUP SPECIFIED DISEASE INSURANCE POLICY MAY NOT PAY ANY CLAIM OR BENEFITS UNDER THE APPLICABLE POLICY IN AN AMOUNT IN EXCESS OF ACTUAL CHARGE OR ACTUAL FEE AS DEFINED.
Referred to Committee on Labor, Commerce and Industry
S. 880 (Word version) -- Senators Campsen, Knotts, Fair and Scott: A BILL TO AMEND SECTION 56-1-2110 OF THE 1976 CODE, RELATING TO DISQUALIFICATION FROM DRIVING A COMMERCIAL MOTOR VEHICLE, TO PROVIDE THAT A PERSON WITH A VERIFIED POSITIVE DRUG TEST OR ALCOHOL CONFIRMATION TEST IS DISQUALIFIED FROM DRIVING A COMMERCIAL MOTOR VEHICLE UNTIL THE PERSON SUCCESSFULLY COMPLETES AN ALCOHOL OR DRUG PROGRAM; AND TO AMEND CHAPTER 1, TITLE 56 OF THE 1976 CODE, RELATING TO DRIVER'S LICENSES, TO PROVIDE THAT A MEDICAL REPORTING OFFICER CONDUCTING DRUG OR ALCOHOL CONFIRMATION TESTS PURSUANT TO 49 C.F.R. 40 MUST REPORT POSITIVE VERIFIED TEST RESULTS TO THE DEPARTMENT OF MOTOR VEHICLES.
Referred to Committee on Judiciary
S. 1070 (Word version) -- Senators Peeler, Ryberg, Knotts, Hawkins and Vaughn: A BILL TO AMEND CHAPTER 1, TITLE 7 OF THE 1976 CODE BY ADDING SECTION 7-1-90 TO PROVIDE FOR THE "CANDIDATE VOLUNTARY DRUG TESTING PROGRAM", TO PROVIDE THAT POPULARLY ELECTED CANDIDATES OR CANDIDATES ELECTED BY THE GENERAL ASSEMBLY MAY SUBMIT THE RESULTS OF A DRUG TEST TO BE PUBLISHED ON THE APPROPRIATE ENTITY'S WEBSITE, AND TO PROVIDE REQUIREMENTS FOR PUBLICATION.
Referred to Committee on Judiciary
S. 1207 (Word version) -- Senators Matthews, Patterson, Williams, Anderson and Jackson: A BILL TO AMEND SECTION 59-127-20 OF THE 1976 CODE, RELATING TO THE ELECTION OF BOARD MEMBERS TO THE SOUTH CAROLINA STATE UNIVERSITY BOARD OF TRUSTEES, TO PROVIDE THAT NINE MEMBERS OF THE BOARD ARE ELECTED BY THE GENERAL ASSEMBLY, ONE FROM EACH CONGRESSIONAL DISTRICT AND THREE FROM THE STATE AT LARGE, AND TO PROVIDE THAT THE SOUTH CAROLINA STATE UNIVERSITY ALUMNI ASSOCIATION ELECTS THREE MEMBERS OF THE BOARD OF TRUSTEES.
Referred to Committee on Education and Public Works
The following was introduced:
H. 5031 (Word version) -- Reps. Umphlett, Dantzler, Daning, Jefferson, Merrill and Limehouse: A HOUSE RESOLUTION CONGRATULATING THE BERKELEY HIGH SCHOOL MOCK TRIAL TEAM ON ITS FIRST-PLACE FINISH IN THE SOUTH CAROLINA STATE HIGH SCHOOL MOCK TRIAL COMPETITION.
The Resolution was adopted.
On motion of Rep. UMPHLETT, with unanimous consent, the following was taken up for immediate consideration:
H. 5032 (Word version) -- Reps. Umphlett, Dantzler, Daning, Jefferson, Merrill and Limehouse: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE BERKELEY HIGH SCHOOL MOCK TRIAL TEAM, COACHES, AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING AND COMMENDING THEM ON THEIR FIRST-PLACE FINISH IN THE 2008 SOUTH CAROLINA STATE HIGH SCHOOL MOCK TRIAL COMPETITION.
Be it resolved by the House of Representatives:
That the privilege of the floor of the South Carolina House of Representatives be extended to the Berkeley High School mock trial team, coaches, and school officials, at a date and time to be determined by the Speaker, for the purpose of recognizing and commending them on their first-place finish in the 2008 South Carolina State High School Mock Trial Competition.
The Resolution was adopted.
The following was introduced:
H. 5033 (Word version) -- Reps. Chalk, Brantley, Herbkersman, Erickson, Hodges, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Breeland, G. Brown, R. Brown, Cato, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Daning, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Hiott, 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 HONOR THE HILTON HEAD ACADEMY PREPARATORY SCHOOL GIRLS BASKETBALL TEAM OF BEAUFORT COUNTY FOR A SUCCESSFUL SEASON AND TO CONGRATULATE THE PLAYERS AND COACHES FOR GARNERING THE 2008 SOUTH CAROLINA INDEPENDENT SCHOOL ATHLETIC ASSOCIATION REGION IV CLASS AAA STATE CHAMPIONSHIP TITLE.
The Resolution was adopted.
On motion of Rep. CHALK, with unanimous consent, the following was taken up for immediate consideration:
H. 5034 (Word version) -- Reps. Chalk, Brantley, Herbkersman, Erickson, Hodges, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Breeland, G. Brown, R. Brown, Cato, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Daning, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Hiott, 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 EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO HILTON HEAD PREPARATORY SCHOOL GIRLS BASKETBALL TEAM OF BEAUFORT COUNTY, WITH THEIR COACHES AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND COMMENDED FOR CAPTURING THE 2008 SOUTH CAROLINA INDEPENDENT SCHOOL ATHLETIC ASSOCIATION CLASS AAA STATE CHAMPIONSHIP TITLE.
Be it resolved by the House of Representatives:
That the privilege of the floor of the South Carolina House of Representatives be extended to Hilton Head Preparatory School girls basketball team of Beaufort County, with their coaches and school officials, at a date and time to be determined by the Speaker, for the purpose of being recognized and commended for capturing the 2008 South Carolina Independent School Athletic Association Class AAA State Championship title.
The Resolution was adopted.
The following was introduced:
H. 5035 (Word version) -- Rep. Barfield: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF UNITED STATES HIGHWAY 501 IN HORRY COUNTY THAT RUNS THROUGH THE TOWN OF AYNOR THE "W. G. HUCKS HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "W. G. HUCKS HIGHWAY".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The roll call of the House of Representatives was taken resulting as follows:
Agnew Alexander Allen Anthony Bales Ballentine Bannister Barfield Battle Bingham Bowen Bowers Brady Branham Brantley Breeland G. Brown R. Brown Cato Chalk Clyburn Cobb-Hunter Coleman Cooper Cotty Crawford Daning Dantzler Delleney Duncan Edge Erickson Frye Funderburk Gambrell Gullick Haley Hamilton Hardwick Harrell Harrison Hart Harvin Haskins Herbkersman Hiott Hodges Hosey Howard Hutson Jefferson Jennings Kelly Kennedy Kirsh Leach Limehouse Littlejohn Loftis Lowe Lucas Mack Mahaffey Merrill Miller Moss Mulvaney J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Rice Sandifer Scarborough Scott Shoopman Simrill Skelton D. C. Smith G. R. Smith J. R. Smith W. D. Smith Spires Stavrinakis Talley Taylor Thompson Toole Umphlett Vick Viers Walker Weeks Whipper White Whitmire Williams Witherspoon Young
I came in after the roll call and was present for the Session on Wednesday, April 16.
Alan D. Clemmons Walton McLeod James E. Stewart Ralph Davenport Jackie Hayes Bakari Sellers Carl Anderson Todd Rutherford Jerry Govan Patsy Knight Chip Huggins Harold Mitchell Fletcher Smith G. Murrell Smith
The SPEAKER granted Rep. BEDINGFIELD a leave of absence for medical reasons.
The SPEAKER granted Rep. MOODY-LAWRENCE a leave of absence for the day.
Reps. EDGE, VIERS and JENNINGS signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Tuesday, April 15.
Announcement was made that Dr. Marshall Meadors of Anderson was the Doctor of the Day for the General Assembly.
Rep. ALLEN presented to the House the Southside High School "Tigers" Varsity Boys Basketball Team, the Class AA Champions, their coach 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. 4930 (Word version)
Date: ADD:
04/16/08 CATO
Bill Number: H. 4930 (Word version)
Date: ADD:
04/16/08 BANNISTER
Bill Number: H. 3740 (Word version)
Date: ADD:
04/16/08 MCLEOD
Bill Number: H. 3101 (Word version)
Date: ADD:
04/16/08 KNIGHT
Bill Number: H. 3101 (Word version)
Date: ADD:
04/16/08 LEACH
Bill Number: H. 4953 (Word version)
Date: ADD:
04/16/08 HARRELL
Bill Number: H. 4928 (Word version)
Date: ADD:
04/16/08 HART
Bill Number: H. 5019 (Word version)
Date: ADD:
04/16/08 KIRSH
Bill Number: H. 5019 (Word version)
Date: ADD:
04/16/08 SIMRILL
Bill Number: H. 5019 (Word version)
Date: ADD:
04/16/08 VIERS
Bill Number: H. 5019 (Word version)
Date: ADD:
04/16/08 BALLENTINE
Bill Number: H. 5019 (Word version)
Date: ADD:
04/16/08 THOMPSON
Bill Number: H. 5019 (Word version)
Date: ADD:
04/16/08 ERICKSON
Bill Number: H. 5019 (Word version)
Date: ADD:
04/16/08 E. H. PITTS
Bill Number: H. 5019 (Word version)
Date: ADD:
04/16/08 HUGGINS
The following Bills and Joint Resolution were taken up, read the third time, and ordered sent to the Senate:
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 AUTHORIZE THE UNIVERSITY OF SOUTH CAROLINA TO ISSUE REVENUE BONDS TO PROVIDE FUNDS FOR THE ACQUISITION, CONSTRUCTION, AND EQUIPPING OF A NEW BUSINESS SCHOOL FACILITY AND FOR THE RENOVATION OF THE CLOSE-HIPP BUILDING FOR LEASE AND OCCUPANCY BY AN AGENCY OF THE FEDERAL GOVERNMENT, TO PROVIDE THAT THE REVENUE BONDS SHALL BE SECURED BY AND PAYABLE FROM A PLEDGE OF THE LEASE PAYMENTS, AND TO PROVIDE THE PROCESS BY WHICH THE REVENUE BONDS MAY BE ISSUED.
H. 4554 (Word version) -- Reps. Cobb-Hunter and Bedingfield: 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.
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.
H. 4552 (Word version) -- Reps. Harrison, M. A. Pitts, Kirsh, Jennings and McLeod: A BILL TO AMEND ARTICLE 13, CHAPTER 13, TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL OFFICERS AND CONSTABLES, SO AS TO AUTHORIZE UTILITY POLICE OFFICERS, DEFINE TERMS RELATED TO INCLUDING UTILITY POLICE OFFICERS IN THE ARTICLE, AND TO PROVIDE A PROCEDURE FOR THE APPOINTMENT OF UTILITY POLICE OFFICERS.
H. 4433 (Word version) -- Reps. Bowers and Brantley: A BILL TO AMEND SECTION 7-7-300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN HAMPTON COUNTY, SO AS TO DELETE POLLING PLACE LOCATIONS IN THE VOTING PRECINCTS OF HAMPTON COUNTY, TO DESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD, AND TO AUTHORIZE THE HAMPTON COUNTY BOARD OF ELECTIONS AND VOTER REGISTRATION, WITH THE APPROVAL OF A MAJORITY OF THE HAMPTON COUNTY LEGISLATIVE DELEGATION, TO DETERMINE THE POLLING PLACES FOR THE PRECINCTS IN HAMPTON COUNTY.
H. 5003 (Word version) -- Reps. Miller, Hodges and Erickson: A JOINT RESOLUTION TO DIRECT THE STATE TREASURER IN FISCAL YEAR 2008-2009 TO TRANSFER FROM THE HOMESTEAD EXEMPTION FUND TO THE EDUCATION FINANCE ACT RESERVE FUND SUFFICIENT MONIES, AS DETERMINED BY THE DEPARTMENT OF EDUCATION AFTER CONSULTATION WITH THE DEPARTMENT OF REVENUE, TO PROVIDE EACH SCHOOL DISTRICT OF THIS STATE WITH STATE FUNDING UNDER THE EDUCATION FINANCE ACT FOR FISCAL YEAR 2008-2009, AT LEAST EQUAL TO WHAT THE SCHOOL DISTRICT RECEIVED IN STATE FUNDING UNDER THE EDUCATION FINANCE ACT FOR FISCAL YEAR 2007-2008.
Rep. COOPER moved to adjourn debate upon the following Bill until Thursday, April 17, 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.
The following Bills were taken up, read the second time, and ordered to a third reading:
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.
Rep. CATO explained the Bill.
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.
Rep. TALLEY explained the Bill.
S. 1227 (Word version) -- Senator Land: A BILL TO AMEND SECTIONS 30-5-10 AND 30-5-12 OF THE 1976 CODE, RELATING TO THE REGISTER OF DEEDS, TO ADD CLARENDON COUNTY TO THE LIST OF COUNTIES WHICH HAVE BOTH A REGISTER OF DEEDS AND A CLERK OF COURT AND TO PROVIDE THAT THE GOVERNING BODY OF CLARENDON COUNTY SHALL APPOINT THE REGISTER OF DEEDS.
H. 5015 (Word version) -- Reps. Gambrell, Cooper, Bowen, Thompson, Agnew and White: A BILL TO AMEND SECTION 7-7-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN ANDERSON COUNTY, SO AS TO REVISE CERTAIN VOTING PRECINCTS IN ANDERSON COUNTY, TO REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
H. 5012 (Word version) -- Rep. Chalk: A BILL 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 FIRST OR LAST NAME, OR BOTH, AND TITLE.
Rep. CHALK explained the Bill.
H. 5000 (Word version) -- Reps. Moss, Harrell, Agnew, Bowers, Chalk, Gullick, Hardwick, Harvin, Haskins, Kelly, Kirsh, Littlejohn, Lowe and Mahaffey: A BILL TO AMEND SECTION 23-1-212, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENFORCEMENT OF STATE CRIMINAL LAWS BY FEDERAL LAW ENFORCEMENT OFFICERS, SO AS TO PROVIDE THAT NATIONAL PARK SERVICE PARK RANGERS ARE FEDERAL LAW ENFORCEMENT OFFICERS WHO ARE AUTHORIZED TO ENFORCE THE STATE'S CRIMINAL LAWS.
Rep. MOSS explained the Bill.
The following Bill was taken up:
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.
Rep. CRAWFORD proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\10516HTC08), which was tabled:
Amend the bill, as and if amended, by adding a penultimate SECTION appropriately numbered to read:
/ SECTION __. Article 1, Chapter 11, Title 9 of the 1976 Code is amended by adding:
"Section 9-11-29. Beginning July 1, 2008, emergency medical services personnel shall participate in the system established pursuant to this chapter. For purposes of this section, the term 'emergency medical services personnel' means a person employed by an employer as defined in Section 9-11-10(17) as an emergency medical technician (EMT), and who possesses a valid basic, intermediate, or paramedic certificate issued by the South Carolina Department of Health and Environmental Control pursuant to regulations promulgated by the department under the authority of Chapter 61, Title 44, the Emergency Medical Services Act of South Carolina." /
Renumber sections to conform.
Amend title to conform.
Rep. DELLENEY explained the amendment.
Reps. TALLEY and CRAWFORD requested debate on the Bill.
Rep. COOPER moved to table the amendment, which was agreed to.
The Bill was read second time and ordered to third reading.
The following Bill was taken up:
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.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7585AHB08), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 44-76-40 of the 1976 Code is amended by adding an appropriately numbered subsection at the end to read:
"(5) Any person or entity, acting in good faith and gratuitously, that teaches or provides a training program for cardiopulmonary resuscitation that includes training in the use of automated external defibrillator is immune from civil liability for providing this training for use if the:
(a) person or entity has provided the training in accordance with the guidelines and policies of a national training organization, as defined in Section 44-76-30(1);
(b) person providing the training is authorized to deliver that course or curriculum; and
(c) training delivery was not grossly negligent."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. DELLENEY explained the amendment.
The amendment was then adopted.
Rep. CRAWFORD proposed the following Amendment No. 2 (Doc Name COUNCIL\NBD\12249AC08), which was adopted:
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/SECTION __. Section 44-32-50 of the 1976 Code is amended to read:
"Section 44-32-50. (A) A body piercing technician must be at least eighteen years old and shall possess a current Red Cross First Aid certification or an American Safety and Health Institute certification, or certification from a program that meets or exceeds the certification standards of the Red Cross First Aid or the American Safety and Health Institute, and Adult Cardiopulmonary Resuscitation (CPR) certification. The Red Cross First Aid certification must be renewed every three years, and the Adult CPR certification must be renewed annually. A body piercing technician must conspicuously display:
(1) the annual certificate of successful completion of a course in CPR and infection control as approved by the department; and
(2) the annual permit issued by the department.
(B) A body piercing technician must comply with all applicable federal Office of Safety and Health Administration requirements or guidelines.
(C) A body piercing technician must obtain a certificate attesting to the successful completion of a course in blood-borne pathogens and body piercing infection control as approved by the department."
SECTION __. Section 44-76-30 of the 1976 Code is amended to read:
"Section 44-76-30. (A) A person or entity that acquires an AED shall:
(1) require its designated AED users to have current training in CPR and AED use by the American Heart Association, American Red Cross, American Safety and Health Institute, or National Safety Council, or training from a program that meets or exceeds the training standards of these organizations;
(2) maintain and test the AED according to the manufacturer's operational guidelines and keep written records of maintenance and testing;
(3) employ or obtain a health care professional to serve as its AED liaison;
(4) have in place an AED program approved by its AED liaison which includes CPR and AED training, AED protocol or guidelines, AED deployment strategies, and an AED equipment maintenance plan;
(5) include in its AED protocol or guidelines that a person who renders emergency care or treatment to a person in cardiac arrest caused by ventricular fibrillation/tachycardia by using an AED must activate the emergency medical services system or 911 as soon as possible; and
(6) report any clinical use of the AED to the AED liaison."/
Renumber sections to conform.
Amend title to conform.
Rep. CRAWFORD explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. COOPER moved to reconsider the vote whereby the following Bill was given a second reading:
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.
Rep. DELLENEY moved to table the motion to reconsider.
Rep. YOUNG demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Brady Clyburn Cotty Delleney Harrison McLeod Rutherford Sellers G. M. Smith W. D. Smith Stavrinakis Weeks
Those who voted in the negative are:
Alexander Anderson Anthony Bales Bannister Barfield Battle Bingham Bowers Branham G. Brown R. Brown Cato Chalk Clemmons Coleman Cooper Crawford Daning Dantzler Davenport Duncan Edge Frye Funderburk Gambrell Govan Gullick Haley Hamilton Hardwick Hart Harvin Haskins Hayes Hiott Hosey Huggins Hutson Jefferson Kelly Kennedy Kirsh Leach Limehouse Littlejohn Loftis Lowe Mack Mahaffey Merrill Mitchell Moss Mulvaney J. M. Neal Neilson Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Rice Scarborough Scott Shoopman Simrill Skelton G. R. Smith J. R. Smith Spires Stewart Talley Taylor Thompson Toole Vick Viers Walker White Williams Witherspoon Young
So, the House refused to table the motion to reconsider.
The question then recurred to the motion to reconsider.
Rep. BINGHAM demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Anderson Bales Ballentine Bannister Barfield Battle Bingham Bowen Bowers Brady Branham G. Brown Cato Chalk Cobb-Hunter Cooper Cotty Crawford Daning Davenport Duncan Edge Frye Funderburk Gambrell Govan Gullick Haley Hamilton Hardwick Harvin Haskins Hayes Hiott Hosey Howard Huggins Hutson Jefferson Kelly Kennedy Kirsh Leach Limehouse Littlejohn Loftis Lowe Mack Mahaffey Merrill Mitchell Moss Mulvaney J. H. Neal Neilson Ott Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Rice Scarborough Scott Shoopman Simrill Skelton G. R. Smith J. R. Smith Spires Stewart Talley Taylor Thompson Toole Viers Walker White Williams Young
Those who voted in the negative are:
Clemmons Clyburn Coleman Delleney Harrison Hart Lucas McLeod Rutherford Sellers G. M. Smith Stavrinakis Witherspoon
So, the motion to reconsider was agreed to.
Rep. DELLENEY moved to adjourn debate on the Bill until Tuesday, April 22.
Rep. COOPER moved to table the motion, which was agreed to by a division vote of 68 to 11.
Rep. COOPER moved to commit the Bill to the Committee on Ways and Means, which was agreed to.
I was temporarily out of the Chamber at the time of the vote on H. 4864. If I had been present, I would have voted to commit the Bill to the Committee on Ways and Means.
Rep. Robert W. Harrell, Jr.
The following Bill was taken up:
H. 3740 (Word version) -- Reps. Rutherford and McLeod: 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.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20634SD08), which was adopted:
Amend the bill, as and if amended, by striking SECTIONS 3, 4, and 5 in their entirety.
Renumber sections to conform.
Amend title to conform.
Rep. G. R. SMITH 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. 4930 (Word version) -- Reps. G. M. Smith, Cato and Bannister: A BILL TO AMEND SECTION 16-17-680, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL PURCHASE OF COPPER, SO AS TO PROVIDE THAT THE PURCHASER OF CERTAIN METALS FROM A PERSON WHO IS NOT AN AUTHORIZED RETAILER OR WHOLESALER MUST PAY BY CHECK OR MONEY ORDER, OBTAIN THE SELLER'S IDENTIFICATION NUMBER AND LICENSE PLATE, AND MAINTAIN THE RECORD FOR FIVE YEARS; AND BY ADDING SECTION 16-11-523, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO WILFULLY AND MALICIOUSLY CUT, MUTILATE, OR DEFACE REAL PROPERTY FOR THE PURPOSE OF OBTAINING CERTAIN METALS, TO PROVIDE PENALTIES, AND TO PROVIDE CIVIL LIABILITY FOR THE VICTIMS OF THE ATTEMPTED THEFT OF CERTAIN METALS.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7588AHB08), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 16-17-680 of the 1976 Code, as last amended by Act 97 of 2007, is further amended to read:
"Section 16-17-680. (A)(1) It is unlawful to purchase copper wire, copper pipe, copper bars, copper sheeting, aluminum, a product that is a mixture of aluminum and copper, or stainless steel beer kegs or containers in any amount from a person who is not a holder of a retail license or an authorized wholesaler or unless the purchaser obtains and can verify the name and address of the seller. A purchaser of copper wire, copper pipe, copper bars, copper sheeting, aluminum, a product that is a mixture of aluminum and copper, or stainless steel beer kegs or containers shall maintain a record containing the date of purchase, name and address of seller, the seller's identification number and the source of identification, the license plate number of the seller's motor vehicle if present, the seller's photograph, weight or length, and size or other description of copper wire, copper pipe, copper bars, copper sheeting, aluminum, a product that is a mixture of aluminum and copper, or stainless steel beer kegs or containers purchased and, amount paid for it, and a signed statement from the seller stating that he is the rightful owner or is entitled to sell the property being sold. All regulated property that was purchased by and is in the possession of a metal recycler and all records required to be kept by this section must be maintained and kept open for inspection by law enforcement officials or local and state governmental agencies during regular business hours. The records must be maintained for twelve months three years from the date of purchase. The provisions of this subsection do not apply to the purchase or sale of aluminum cans.
(2) A purchaser of copper wire, copper pipe, copper bars, copper sheeting, aluminum, or a product that is a mixture of aluminum and copper, or stainless steel beer kegs or containers in any amount, from a person who is not a holder of a retail license or an authorized wholesaler must pay by mailing a check or money order to the seller's address as listed on the seller's identification.
(B) It is unlawful for a person to transport or have in his possession on highways of this State, in a vehicle other than a vehicle used in the ordinary course of business for the purpose of transporting copper wire, copper pipe, copper bars, copper sheeting, aluminum, a product that is a mixture of aluminum and copper, or stainless steel beer kegs or containers, an amount of copper wire, copper pipe, copper bars, copper sheeting, aluminum, a product that is a mixture of aluminum and copper, or stainless steel beer kegs or containers of an aggregate weight of more than twenty-five pounds, unless the person has in his possession:
(1) a bill of sale signed by:
(a) a holder of a retail license for a business engaged in the sale of copper wire, copper pipe, copper bars, copper sheeting, aluminum, a product that is a mixture of aluminum and copper, or stainless steel beer kegs or containers;
(b) an authorized wholesaler engaged in the sale of copper wire, copper pipe, copper bars, copper sheeting, aluminum, a product that is a mixture of aluminum and copper, or stainless steel beer kegs or containers;
(c) a registered dealer in scrap metals; or
(2) a certificate of origin signed by the sheriff, or his designated representative, of the county in which the purchase was made.
(C) The bill of sale or certificate of origin pursuant to subsection (B) clearly must identify the material to which it applies and show the name and address of the seller, license plate of the vehicle in which the material is delivered to the purchaser, identified by license number, year, and state of issue, the name and address of the purchaser, the date of sale, and the type and amount of copper wire, copper pipe, copper bars, copper sheeting, aluminum, a product that is a mixture of aluminum and copper, or stainless steel beer kegs or containers purchased.
(D) A person may only purchase copper wire, cooper pipe, copper bars, copper sheeting, aluminum, a product that is a mixture of aluminum and copper, or stainless steel beer kegs or containers in any amount, except aluminum beverage or food cans, for cash consideration from an establishment that is licensed to do business by the State or by a local governing body.
(E) This section does not apply to the purchase of copper wire, copper pipe, copper bars, copper sheeting, aluminum, a product that is a mixture of aluminum and copper, or stainless steel beer kegs or containers in any amount from a manufacturing, industrial, or other commercial vendor that generates or sells regulated metal property in the ordinary course of its business.
(F) A person who violates the provisions of this section is guilty of a:
(1) misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days for a first offense. This offense is triable in magistrates court;
(2) misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than one year, or both, for a second offense;
(3) misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than three years, or both, for a third or subsequent offense. For an offense to be considered a third or subsequent offense, only those offenses which occurred within a period of ten years, including and immediately preceding the date of the last offense shall constitute a prior offense within the meaning of this section.
(E)(G) For purposes of this section, the only identification acceptable is a:
(1) valid South Carolina driver's license;
(2) South Carolina identification card issued by the Department of Motor Vehicles;
(3) valid driver's license from another state that contains the licensee's picture on the face of the license; or
(4) valid military identification card.
(H) This chapter preempts all local ordinances and regulations governing the purchase or sale of copper wire, copper pipe, copper bars, copper sheeting, aluminum, a product that is a mixture of aluminum and copper, or stainless steel beer kegs or containers in any amount. Political subdivisions of the State may not enact ordinances or regulations more restrictive than those contained in this chapter."
SECTION 2. Chapter 11, Title 16 of the 1976 Code is amended by adding:
"Section 16-11-523. (A) It is unlawful for a person to wilfully and maliciously cut, mutilate, deface, or otherwise injure any real property for the purpose of obtaining copper wire, copper pipe, copper bars, copper sheeting, aluminum, or a product that is a mixture of aluminum and copper, or stainless steel beer kegs or containers in any amount.
(B) A person who violates the provisions of this section is guilty of a:
(1) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both, if the direct injury to the property caused by the malicious act, the amount of loss in value to the property caused by the act, the amount of repairs necessary to return the property to its condition before the act, or the property loss is more than five thousand dollars or more;
(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both, if the direct injury to the property caused by the malicious act, the amount of loss in value to the property caused by the act, the amount of repairs necessary to return the property to its condition before the act, or the property loss is more than one thousand dollars but less than five thousand dollars; or
(3) misdemeanor and, upon conviction, must not be fined more than three thousand five hundred dollars or imprisoned not more than three years thirty days, or both, if the direct injury to the property caused by the malicious act, the amount of loss in value to the property caused by the act, the amount of repairs necessary to return the property to its condition before the act, or the property loss is one thousand dollars or less.
(C)(1) A public or private landowner or the possessor of land is not civilly liable to a person who is injured during the theft or attempted theft, by the person or a third party, of copper wire, copper pipe, copper bars, copper sheeting, aluminum, or a product that is a mixture of aluminum and copper, or stainless steel beer kegs or containers in any amount.
(2) A public or private landowner or the possessor of land is not civilly liable for a person's injuries caused by a dangerous condition created as a result of the theft or attempted theft of copper wire, copper pipe, copper bars, copper sheeting, aluminum, or a product that is a mixture of aluminum and copper, or stainless steel beer kegs or containers in any amount, of the landowner or the possessor when the landowner or possessor did not know and could not have reasonably known of the dangerous condition.
(3) This subsection does not create or impose a duty of care upon a landowner or possessor of land that would not otherwise exist under common law."
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. G. M. SMITH explained the amendment.
The amendment was then adopted.
Rep. MULVANEY proposed the following Amendment No. 2 (Doc Name COUNCIL\MS\7610AHB08), which was adopted:
Amend the bill, as and if amended, by deleting in its entirety Section 16-17-680(A)(2), as contained in SECTION 1, page 4930-2, lines 12-17.
Amend the bill further, by deleting in its entirety Section 16-17-680(D), as contained in SECTION 1, page 4930-3, lines 7-12.
Renumber sections to conform.
Amend title to conform.
Rep. G. M. SMITH explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 5021 (Word version) -- Rep. Duncan: A BILL TO AMEND SECTION 50-11-1920, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE UNDER CERTAIN CONDITIONS OF EXOTIC FARM-RAISED VENISON AND PENALTIES FOR VIOLATING THE PROVISIONS OF THIS SECTION, SO AS TO PROVIDE THAT THE PROHIBITIONS OF THIS SECTION DO NOT APPLY TO THE SALE OR PURCHASE OF PROCESSED PET FOODS OR PET TREATS CONTAINING EXOTIC FARM-RAISED VENISON, AND TO PROVIDE FOR CERTAIN REGISTRATION AND LABELING REQUIREMENTS OF THIS EXCEPTION.
Rep. DUNCAN proposed the following Amendment No. 1 (Doc Name COUNCIL\AGM\19194MM08), which was adopted:
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. Section 50-11-1920 of the 1976 Code is amended by adding a new subsection appropriately lettered to read:
"( ) The provisions of this section also do not apply to the sale or purchase of already processed and packaged pet foods or pet treats containing imported exotic farm-raised venison. Any product offered pursuant to this subsection must have an official product registration issued by the South Carolina Department of Agriculture. Any product offered pursuant to this subsection also must be referred to as being from exotic farm-raised venison or with a similar designation indicating the origin of the product."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. DUNCAN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Reps. RICE, LOFTIS, CRAWFORD, SKELTON, J. R. SMITH and DAVENPORT withdrew their requests for debate on the following Joint Resolution:
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.
On motion of Rep. WITHERSPOON, with unanimous consent, the following Concurrent Resolution was ordered recalled from the Committee on Agriculture, Natural Resources and Environmental Affairs:
H. 5029 (Word version) -- Reps. Witherspoon and Loftis: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL UNDERTAKE THE ACTIONS PRESCRIBED AND REQUIRED BY THE SOUTH CAROLINA ADMINISTRATIVE PROCEDURES ACT TO PROMULGATE, AS REGULATIONS, THOSE POLICIES OF THE SOUTH CAROLINA COASTAL ZONE MANAGEMENT PLAN THAT ARE BOTH RELEVANT AND APPROPRIATE.
On motion of Rep. CATO, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Labor, Commerce and Industry and was referred to the Committee on Education and Public Works:
S. 1266 (Word version) -- Transportation Committee: A JOINT RESOLUTION TO APPROVE THE REGULATIONS OF THE DEPARTMENT OF TRANSPORTATION, RELATING TO THE SECRETARY OF TRANSPORTATION'S APPROVAL OF CERTAIN ACTIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3168, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Rep. CATO, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means and was referred to the Committee on Labor, Commerce and Industry:
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.
Rep. OWENS, with unanimous consent, withdrew his request for debate on the following Joint Resolution:
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.
The motion period was dispensed with on motion of Rep. TALLEY.
Rep. HUGGINS moved to adjourn debate upon the following Bill until Wednesday, April 23, 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.
The following Bill was taken up:
S. 110 (Word version) -- Senators Thomas, Elliott, Knotts and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY DESIGNATING THE EXISTING SECTIONS OF CHAPTER 22, TITLE 17 AS ARTICLE 1 AND BY ADDING ARTICLE 3 SO AS TO ENACT THE "UNIFORM EXPUNGEMENT OF CRIMINAL RECORDS ACT", TO PROVIDE A PROCEDURE WHICH MUST BE FOLLOWED REGARDING APPLICATIONS FOR EXPUNGEMENT OF ALL CRIMINAL RECORDS, AND TO AUTHORIZE EACH SOLICITOR'S OFFICE IN THE STATE TO ADMINISTER THE PROCEDURE.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7533AHB08), which was adopted:
Amend the bill, as and if amended, by deleting Section 17-22-310, as contained in SECTION 3, pages 1 and 2, and inserting:
/ Section 17-22-310. Applications for expungement of all criminal records must be administered by the solicitor's office in each circuit in the State as authorized pursuant to:
(1) Section 34-11-90(e), first offense misdemeanor fraudulent check;
(2) Section 44-53-450(b), conditional discharge for simple possession of marijuana or hashish;
(3) Section 22-5-910, first offense conviction in magistrates court;
(4) Section 22-5-920, Youthful Offender Act;
(5) Section 56-5-750(f), first offense failure to stop when signaled by a law enforcement vehicle;
(6) Section 17-22-150(a), pretrial intervention;
(7) Section 17-1-40, criminal records destruction;
(8) Section 20-7-8525, juvenile expungements;
(9) Section 17-22-530(a), alcohol education program; and
(10) any other statutory authorization. /
Amend the bill further, by deleting Section 17-22-350(A), as contained in SECTION 3, page 2, lines 37 through 41, and inserting:
/ Section 17-22-350. (A) The solicitor's office shall implement policies and procedures consistent with this article to ensure that the expungement process is properly conducted. This includes, but is not limited to: /
Amend the bill further, by deleting Section 17-22-350(C), as amended in SECTION 3, page 3, lines 28 through 34, and inserting:
/ (C) In cases when charges are sought to be expunged pursuant to Section 17-22-150(a), 17-22-530(a), 22-5-910, or 44-53-450(b), the circuit pretrial intervention director, alcohol education program director, or summary court judge shall attest by signature on the application to the eligibility of the charge for expungement before either the solicitor or his designee and then the circuit court judge, or the family court judge in the case of a juvenile, signs the application for expungement. /
Amend the bill further, by deleting Section 17-22-350(I) and (J), as contained in SECTION 3, page 5, lines 5 through 12, and inserting:
/ (I) The solicitor or his designee has the discretion to waive the two-hundred-fifty-dollar fee only in those cases when it is determined that a person has been falsely accused of a crime as a result of identity theft.
(J) Each solicitor's office shall maintain a record of all fees collected related to the expungement of criminal records, which must be made available to the chairmen of the House and Senate Judiciary Committees." /
Amend the bill further, by deleting SECTION 6 in its entirety and inserting:
/ SECTION 6. Chapter 1, Title 17 of the 1976 Code is amended by adding:
"Section 17-1-45. South Carolina Court Administration shall include on all bond paperwork and courtesy summons the following notice:
'If the charges that have been brought against you are discharged, dismissed, or nol prossed or if you are found not guilty, you may file an application with the circuit solicitor to have your record expunged, at no cost to you, for one year after the date of disposition of your case.' "
SECTION 7. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. G. M. SMITH explained the amendment.
The amendment was then adopted.
Rep. KENNEDY proposed the following Amendment No. 2 (Doc Name COUNCIL\MS\7540AHB08), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION at the end to read:
/ SECTION ___. Section 22-5-920(B) of the 1976 Code is amended to read:
"(B) Following a first offense conviction as a youthful offender, the defendant after fifteen five years from the date of the conviction completion of his sentence, including probation and parole, may apply, or cause someone acting on his behalf to apply, to the circuit court for an order expunging the records of the arrest and conviction. However, this section does not apply to an offense involving the operation of a motor vehicle, to a violation of Title 50 or the regulations promulgated under it for which points are assessed, suspension provided for, or enhanced penalties for subsequent offenses authorized, to an offense classified as a violent crime in Section 16-1-60, or to an offense contained in Chapter 25 of Title 16, except as otherwise provided in Section 16-25-30. If the defendant has had no other conviction during the fifteen five-year period following the completion of his sentence, including probation and parole, for a first offense conviction as a youthful offender, the circuit court may issue an order expunging the records. No person may have his records expunged under this section more than once. A person may have his record expunged even though the conviction occurred before the effective date of this section." /
Renumber sections to conform.
Amend title to conform.
Rep. KENNEDY explained the amendment.
The amendment was then adopted.
Rep. RUTHERFORD proposed the following Amendment No. 5 (Doc Name COUNCIL\MS\7539AHB08), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Section 22-5-910 of the 1976 Code is amended to read:
"Section 22-5-910. (A) Following a first offense conviction in a magistrates court or a municipal court, including a first offense conviction for a criminal offense transferred from general sessions court pursuant to the provisions of Section 22-3-545, the defendant after three years from the date of the conviction may apply, or cause someone acting on his behalf to apply, to the circuit court for an order expunging the records of the arrest and conviction. However, this section does not apply to:
(1) an offense involving the operation of a motor vehicle;
(2) a violation of Title 50 or the regulations promulgated pursuant to Title 50 for which points are assessed, suspension provided for, or enhanced penalties for subsequent offenses are authorized; or
(3) an offense contained in Chapter 25 of Title 16, except first offense criminal domestic violence as contained in Section 16-25-20, which may be expunged five years from the date of the conviction.
(B) If the defendant has had no other conviction during the three-year period, or during the five-year period as provided in subsection (A)(3), following the first offense conviction in a magistrates court or a municipal court, including a first offense conviction for a criminal offense transferred from general sessions court pursuant to the provisions of Section 22-3-545, the circuit court may issue an order expunging the records. No person may have his records expunged under this section more than once. A person may have his record expunged even though the conviction occurred prior to June 1, 1992.
(C) After the expungement, the South Carolina Law Enforcement Division is required to keep a nonpublic record of the offense and the date of the expungement to ensure that no person takes advantage of the rights of this section more than once. This nonpublic record is not subject to release under Section 34-11-95, the Freedom of Information Act, or any other provision of law except to those authorized law or court officials who need to know this information in order to prevent the rights afforded by this section from being taken advantage of more than once.
(D) As used in this section, 'conviction' includes a guilty plea, a plea of nolo contendere, or the forfeiting of bail." /
Renumber sections to conform.
Amend title to conform.
Rep. RUTHERFORD explained the amendment.
The amendment was then adopted.
Rep. RUTHERFORD proposed the following Amendment No. 6 (Doc Name COUNCIL\MS\7541AHB08), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Section 44-53-450(b) of the 1976 Code is amended to read:
"(b) Upon the dismissal of such the person and discharge of the proceedings against him under pursuant to subsection (a) of this section, such person if he was not over twenty-five years of age at the time of the offense, and if the offense did not involve a controlled substance classified in Schedule I which is a narcotic drug and Schedule II which is a narcotic drug, may apply to the court for an order to expunge from all official records (other than the nonpublic records to be retained as provided in subsection (a) of this section) all recordation relating to his arrest, indictment or information, trial, finding of guilty, and dismissal and discharge pursuant to this section. If the court determines, after hearing, that such the person was dismissed and the proceedings against him discharged and that he was not over twenty-five years of age at the time of the offense, it shall enter such the order. The effect of such the order shall be is to restore such the person, in the contemplation of the law, to the status he occupied before such the arrest or indictment or information. No person as to whom such the order has been entered shall may be held thereafter under any provision of any pursuant to another provision of law to be guilty of perjury or otherwise giving a false statement by reason of his failures failure to recite or acknowledge such the arrest, or indictment or information, or trial in response to any an inquiry made of him for any purpose."/
Renumber sections to conform.
Amend title to conform.
Rep. RUTHERFORD explained the amendment.
The amendment was then adopted.
Rep. RUTHERFORD proposed the following Amendment No. 9 (Doc Name COUNCIL\BBM\10432HTC08):
Amend the bill, as and if amended, in Article 3, as contained in SECTION 3, page 2, by inserting after line 21:
/ Section 17-22-335. In any case where the solicitor dismisses a charge that is not dismissed as part of a plea agreement and no other charges are pending, or if an individual is found not guilty of any offense and no other charges are pending, the solicitor shall complete and forward an expungement application with respect to the relevant charge and no fee may be imposed for this application. /
Renumber sections to conform.
Amend title to conform.
Rep. RUTHERFORD explained the amendment.
Rep. G. M. SMITH spoke against the amendment.
Rep. F. N. SMITH spoke in favor of the amendment.
Rep. RUTHERFORD spoke in favor of the amendment.
Rep. G. M. SMITH spoke against the amendment.
Rep. G. M. SMITH moved to recommit the Bill to the Committee on Judiciary, which was agreed to.
Members of the General Assembly, I rise to speak against this Bill. As you know, the road to Hell is paved with good intentions. This Bill is a violation of common decency in that it penalizes the innocent and enriches the wealthy.
I believe that the Speaker and the President of the Senate should create a committee to review the separation of powers issue between the S.C. Supreme Court and the Legislature. We should exercise our authority, otherwise we will become irrelevant on budgetary issues.
In regards to Amendment No. 9 to S. 110, if someone found not guilty of a crime must pay to have those records expunged, this would be a gross miscarriage of our justice system. If someone has been found not guilty or if charges are dropped, the records should be cleared, without penalty to that person.
Rep. Fletcher N. Smith
Rep. HAYES moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 4897 (Word version) -- Rep. Gullick: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE CHARITABLE WORK OF THE SOUTH CAROLINA LIONS INTERNATIONAL AND TO SET ASIDE APRIL 13 TO APRIL 20, 2008, AS LIONS WEEK IN SOUTH CAROLINA IN HONOR OF THE SOUTH CAROLINA LIONS CONVENTION TO BE HELD FROM APRIL 17 TO APRIL 20, 2008.
H. 5017 (Word version) -- Rep. Bales: A CONCURRENT RESOLUTION TO EXPRESS THE HEARTIEST CONGRATULATIONS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO NOLAN T. RUSSELL III AND VERONICA J. ROLANDI, BOTH OF RICHLAND COUNTY, UPON THE OCCASION OF THEIR MARRIAGE ON MAY 10, 2008, AND TO WISH THEM MUCH HAPPINESS IN THE YEARS AHEAD.
H. 5026 (Word version) -- Reps. Kennedy, Anderson, Harvin, Agnew, Alexander, 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, Cotty, Crawford, Daning, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF MR. FRED S. BURGESS OF WILLIAMSBURG COUNTY AND TO EXTEND THEIR DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
H. 5028 (Word version) -- Reps. Barfield, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, 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, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE BASKETBALL ACHIEVEMENTS OF JACK LEASURE, AN OUTSTANDING GUARD WITH COASTAL CAROLINA UNIVERSITY WHO CONCLUDED HIS ELIGIBILITY THIS SEASON, AND TO CONGRATULATE HIM FOR REACHING THE ALL-TIME BIG SOUTH RECORD FOR THREE-POINT SHOOTING.
At 12:28 p.m. the House, in accordance with the motion of Rep. KIRSH, adjourned in memory of Mrs. Lola Mae Rose of Lugoff, mother of Jeannie Potter, secretary to the Speaker of the House, to meet at 10:00 a.m. tomorrow.
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