Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 noon.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:
Our thought for today is from Hebrews 10:36: "For you need endurance, so that when you have done the will of God, you may receive what was promised."
Let us pray. Almighty God, keep these Representatives and staff disciplined in body, mind, and spirit, that they may serve You and the people of this State faithfully. Grant us Your blessing that we may labor another week in Your service. Bless our Nation, President, State, Governor, Speaker, this Honorable Assembly, and all who serve in these Halls of Government. Protect our defenders of freedom at home and abroad as they protect us. Hear us as we pray. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.
Rep. SKELTON moved that when the House adjourns, it adjourn in memory of Dr. William H. Hunter, M.D. of Clemson, which was agreed to.
The following were received and referred to the appropriate committee for consideration:
Document No. 3206
Agency: Department of Labor, Licensing and Regulation - Board of Chiropractic Examiners
Statutory Authority: 1976 Code Sections 40-1-70 and 40-9-30
Board of Chiropractic Examiners - Application, Renewal and Continuing Education
Received by Speaker of the House of Representatives
April 24, 2008
Referred to Medical, Military, Public and Municipal Affairs Committee
Legislative Review Expiration March 31, 2009
Document No. 3207
Agency: Department of Labor, Licensing and Regulation - Board of Veterinary Medical Examiners
Statutory Authority: 1976 Code Sections 40-1-70 and 40-69-70, et seq.
Board of Veterinary Medical Examiners Chapter Revision
Received by Speaker of the House of Representatives
April 24, 2008
Referred to Medical, Military, Public and Municipal Affairs Committee
Legislative Review Expiration March 31, 2009
Document No. 3199
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Section 44-61-520
South Carolina Trauma Care Systems
Received by Speaker of the House of Representatives
April 25, 2008
Referred to Medical, Military, Public and Municipal Affairs Committee
Legislative Review Expiration April 1, 2009
Document No. 3204
Agency: Department of Consumer Affairs
Statutory Authority: 1976 Code Section 37-11-10, et seq.
Licensing Standards for Continuing Care Retirement Communities
Received by Speaker of the House of Representatives
April 25, 2008
Referred to Medical, Military, Public and Municipal Affairs Committee
Legislative Review Expiration April 1, 2009
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 5090 (Word version) -- Rep. Vick: A BILL TO AMEND SECTION 7-7-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN CHESTERFIELD COUNTY, SO AS TO REVISE AND NAME CERTAIN VOTING PRECINCTS OF CHESTERFIELD COUNTY, TO DESIGNATE A MAP NUMBER ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD, AND TO PROVIDE THAT POLLING PLACES FOR THESE PRECINCTS MUST BE ESTABLISHED BY THE CHESTERFIELD COUNTY BOARD OF ELECTIONS AND REGISTRATION SUBJECT TO APPROVAL OF A MAJORITY OF THE CHESTERFIELD COUNTY LEGISLATIVE DELEGATION.
On motion of Rep. VICK, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 5091 (Word version) -- Rep. Cooper: A BILL TO AMEND SECTION 25-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA STATE GUARD, SO AS TO AUTHORIZE THE ADJUTANT GENERAL TO ESTABLISH AN EMERGENCY AIR WING WITHIN THE STATE GUARD AND PROVIDE FOR THE ORGANIZATION AND DUTIES OF THE EMERGENCY AIR WING AND FOR THE LIABILITY OF AIRPLANES USED BY VOLUNTEER PARTICIPANTS IN THE EMERGENCY AIR WING; TO AMEND SECTION 15-78-60, AS AMENDED, RELATING TO EXCEPTIONS TO LIABILITY UNDER THE TORT CLAIMS ACT, SO AS TO FURTHER PROVIDE FOR EXCEPTIONS TO LIABILITY IN REGARD TO THE SOUTH CAROLINA NATIONAL GUARD AND THE SOUTH CAROLINA STATE GUARD; AND TO AMEND SECTION 42-7-50, RELATING TO POLITICAL SUBDIVISIONS AND OTHER ENTITIES WHICH MAY PARTICIPATE IN THE WORKERS' COMPENSATION INSURANCE PROGRAM, SO AS TO PROVIDE THAT RECOVERY OF WORKERS' COMPENSATION BENEFITS BY MEMBERS OF THE EMERGENCY AIR WING OF THE SOUTH CAROLINA STATE GUARD SHALL BE PAYABLE FROM THE STATE ACCIDENT FUND.
Referred to Committee on Judiciary
H. 5092 (Word version) -- Rep. Haskins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-35-1526 SO AS TO PROVIDE THAT AN EXPENDITURE OF STATE FUNDS UNDER CONTRACT THROUGH A GOVERNMENTAL BODY FOR TELEMARKETING SERVICES REQUIRES CONTRACT PROVISIONS THAT THE SERVICES MUST BE PERFORMED IN THE UNITED STATES AND THAT ONLY UNITED STATES CITIZENS AND LEGAL RESIDENTS WITH VALID WORK PERMITS AUTHORIZED TO WORK IN THE UNITED STATES MAY BE EMPLOYED; AND TO AMEND SECTION 16-17-445, AS AMENDED, RELATING TO REGULATION OF UNSOLICITED TELEPHONE CALLS, SO AS TO PROVIDE FOR DISCLOSURE OF CERTAIN INFORMATION FROM A CONSUMER SALES OR SERVICE CALL CENTER.
Referred to Committee on Judiciary
H. 5097 (Word version) -- Rep. Vick: A BILL TO AMEND SECTION 12-6-3515, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INCOME TAX CREDITS FOR GIFTS OF LAND FOR CONSERVATION OR QUALIFIED CONSERVATION CONTRIBUTIONS OF A QUALIFIED REAL PROPERTY INTEREST, SO AS TO PROVIDE THAT THE MAXIMUM LIMIT OF THE CREDIT FOR CERTAIN TAXPAYERS WHICH ARE NOT INDIVIDUALS IS ON A PER SHAREHOLDER OR PARTNER BASIS.
Referred to Committee on Ways and Means
S. 488 (Word version) -- Senators Ryberg and Anderson: A BILL TO PROVIDE THAT THE STATE SHALL FOREGO ANY COMMISSION OR OTHER SOURCE OF REVENUE DERIVED FROM THE PLACEMENT OF PAY TELEPHONES IN INSTITUTIONS OF THE DEPARTMENT OF CORRECTIONS AND THE DEPARTMENT OF JUVENILE JUSTICE FOR THE USE OF INMATES AND TO PROVIDE THAT THE STATE BUDGET AND CONTROL BOARD SHALL ENSURE THAT THE TELEPHONE RATES CHARGED FOR THE USE OF THESE PAY PHONES REASONABLY REFLECT THIS FOREGONE STATE REVENUE.
Referred to Committee on Ways and Means
S. 638 (Word version) -- Senators Campsen, Fair, Bryant, Vaughn, Hawkins, Alexander, Grooms, Sheheen, Setzler, Cromer, McConnell, Land, Verdin, Peeler, Hayes, Ritchie, Anderson, Thomas, Scott, Martin, Knotts, Ryberg, Ceips, O'Dell, McGill and Malloy: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-160 SO AS TO ENACT THE "SOUTH CAROLINA PUBLIC PRAYER AND INVOCATION ACT" TO ALLOW A GOVERNING BODY OF A STATE OR LOCAL GOVERNMENT TO ADOPT, BY ORDINANCE OR RESOLUTION, A POLICY THAT PRESERVES THE TRADITION OF SOLEMNIZING PUBLIC PROCEEDINGS BY ALLOWING FOR AN OPENING INVOCATION USING ONE OF THREE METHODS AND TO DEFINE "PUBLIC INVOCATION" AND "DELIBERATIVE PUBLIC BODY".
Referred to Committee on Judiciary
S. 950 (Word version) -- Senators Hutto and Matthews: A BILL TO AMEND SECTION 59-53-630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE DENMARK TECHNICAL COLLEGE AREA COMMISSION, SO AS TO ALLOW THE COMMISSION TO ENTER INTO GROUND LEASE AGREEMENTS WITH PRIVATE ENTITIES UPON APPROVAL BY THE STATE BUDGET AND CONTROL BOARD.
On motion of Rep. HOSEY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 1130 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 38-5-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REVOCATION OR SUSPENSION OF LICENSE OF AN INSURER AND ITS OFFICERS AND AGENTS AND THE PUBLICATION OF THE NOTICE, SO AS TO PROVIDE A PROCEDURE FOR AN AGGRIEVED INSURER TO REQUEST A HEARING BEFORE THE DIRECTOR OR HIS DESIGNEE AND PROVIDE RECOURSE THROUGH JUDICIAL REVIEW; TO AMEND SECTION 38-7-90, RELATING TO THE RETALIATORY TAXES, PENALTIES, INTEREST, AND FEES, SO AS TO CLARIFY THAT THE FEES, TAXES, AND OBLIGATIONS MUST BE BASED UPON THE COMPARISON OF THE AGGREGATE REQUIREMENTS IMPOSED BY AND PAID TO THIS STATE TO THE SAME IMPOSED BY AND PAID TO THE OTHER STATE; AND TO AMEND SECTION 38-21-95, RELATING TO THE APPROVAL, CONDITIONS, AND REQUIREMENTS FOR ACQUISITION OF A DOMESTIC INSURER BY A CONTROLLING PRODUCER, SO AS TO REDEFINE A PORTION OF THE DEFINITION OF "CONTROLLING PRODUCER".
Referred to Committee on Labor, Commerce and Industry
S. 1311 (Word version) -- Senators Leatherman, Anderson, Alexander, Bryant, Campbell, Campsen, Ceips, Cleary, Courson, Cromer, Drummond, Elliott, Fair, Ford, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Land, Leventis, Lourie, Malloy, Martin, Massey, Matthews, McConnell, McGill, O'Dell, Patterson, Peeler, Pinckney, Rankin, Reese, Ritchie, Ryberg, Scott, Setzler, Sheheen, Short, Thomas, Vaughn, Verdin and Williams: A JOINT RESOLUTION TO ESTABLISH THE PUBLIC EDUCATION FUNDING EFFECTIVENESS AND FAIRNESS PANEL, TO PROVIDE FOR THE PANEL'S MEMBERSHIP, POWERS, DUTIES, AND RESPONSIBILITIES, TO PROVIDE THAT THE PANEL MUST CONDUCT A COMPREHENSIVE STUDY OF THE MANNER IN WHICH THE STATE FUNDS PUBLIC SCHOOLING AND SUBMIT A REPORT OF ITS RECOMMENDED CHANGES, AND TO PROVIDE FOR PROCEDURES GOVERNING THE CONSIDERATION OF LEGISLATION RESULTING FROM THE PANEL'S RECOMMENDATIONS.
Referred to Committee on Education and Public Works
The following was introduced:
H. 5093 (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 THE W. J. KEENAN HIGH SCHOOL GIRLS BASKETBALL TEAM OF RICHLAND COUNTY FOR A SUCCESSFUL SEASON, AND TO CONGRATULATE THE PLAYERS AND COACHES FOR CAPTURING THE 2008 CLASS AA STATE CHAMPIONSHIP TITLE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. SCOTT, with unanimous consent, the following was taken up for immediate consideration:
H. 5094 (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 HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE W. J. KEENAN HIGH SCHOOL GIRLS BASKETBALL TEAM OF RICHLAND 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 CLASS AA 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 W. J. Keenan High School girls basketball team of Richland 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 Class AA State Championship title.
The Resolution was adopted.
The following was introduced:
H. 5095 (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 HONOR MRS. REBECCA WAY GADSON OF RICHLAND COUNTY ON THE OCCASION OF MOTHER'S DAY, AND TO WISH HER A JOYOUS CELEBRATION AND MANY MORE YEARS OF HEALTH AND HAPPINESS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5096 (Word version) -- Rep. Agnew: A CONCURRENT RESOLUTION TO CELEBRATE THE OCCASION OF THE TWO HUNDRED FIFTIETH ANNIVERSARY OF THE CITY OF ABBEVILLE, AND TO CONGRATULATE AND COMMEND MAYOR HAROLD E. MCNEILL AND THE CITIZENS OF ABBEVILLE FOR TWO AND A HALF CENTURIES OF SHOWCASING BOTH THE BEAUTY AND PROGRESS OF THIS GREAT SOUTH CAROLINA CITY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1298 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE CHAMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES ON THURSDAY, JUNE 12, 2008, AND FRIDAY, JUNE 13, 2008.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 1328 (Word version) -- Senators Jackson, Matthews, Ford, Anderson and Patterson: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF THE REVEREND DR. LEWIS P. GRAHAM, SR., OF RICHLAND COUNTY AND TO EXTEND THEIR DEEPEST SYMPATHY TO HIS FAMILY, CHURCH, AND MANY FRIENDS.
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 Anderson Anthony Bales Ballentine Bannister Barfield Bedingfield Bingham Bowen Bowers Brady Branham Brantley Breeland G. Brown R. Brown Cato Chalk Clyburn Cobb-Hunter Coleman Cooper Cotty Crawford Daning Dantzler Delleney Duncan Erickson Frye Funderburk Gambrell Govan Gullick 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 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 Shoopman Simrill Skelton F. N. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Spires Stavrinakis Stewart Talley Taylor Thompson Toole Umphlett Vick Walker Weeks White Whitmire Williams Young
I came in after the roll call and was present for the Session on Tuesday, April 29.
William Witherspoon Jackson "Seth" Whipper Terry Alexander Alan D. Clemmons Tracy Edge James Lucas Bakari Sellers Donald C. Smith Benjamin A. Hagood Ralph Davenport
The SPEAKER granted Rep. BATTLE a leave of absence due to family medical reasons.
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 Thursday, April 24.
Announcement was made that Dr. Jim McCoy of Charleston was the Doctor of the Day for the General Assembly.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 4784 (Word version)
Date: ADD:
04/29/08 BEDINGFIELD
Bill Number: H. 4784 (Word version)
Date: ADD:
04/29/08 F. N. SMITH
Bill Number: H. 4355 (Word version)
Date: ADD:
04/29/08 CRAWFORD
Bill Number: H. 4346 (Word version)
Date: ADD:
04/29/08 NEILSON
Bill Number: H. 4766 (Word version)
Date: ADD:
04/29/08 R. BROWN
Bill Number: H. 4892 (Word version)
Date: ADD:
04/29/08 R. BROWN
Bill Number: H. 4892 (Word version)
Date: ADD:
04/29/08 MITCHELL
Bill Number: H. 4978 (Word version)
Date: ADD:
04/29/08 R. BROWN
Bill Number: H. 4766 (Word version)
Date: ADD:
04/29/08 MULVANEY
Bill Number: H. 4750 (Word version)
Date: ADD:
04/29/08 MCLEOD
Bill Number: H. 4672 (Word version)
Date: ADD:
04/29/08 WHIPPER
Bill Number: H. 4592 (Word version)
Date: REMOVE:
04/29/08 BEDINGFIELD
Rep. COOPER moved to adjourn debate upon the following Bill until Thursday, May 1, 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.
Rep. DUNCAN moved to adjourn debate upon the following Bill until Wednesday, April 30, which was adopted:
H. 4862 (Word version) -- Rep. Duncan: A BILL TO AMEND SECTION 50-11-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITION AGAINST BAITING WILD TURKEYS, SO AS TO FURTHER PROVIDE FOR WHAT PRACTICES DO NOT CONSTITUTE BAITING.
Rep. COBB-HUNTER moved to adjourn debate upon the following Bill until Wednesday, April 30, which was adopted:
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, Spires, Whipper, Allen, Mitchell, Stavrinakis and R. Brown: 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.
The following Bill was taken up:
H. 4900 (Word version) -- Reps. Cato, Gambrell, Bowen, Mitchell, Hiott, J. R. Smith, Kelly, Brady, Walker, Bedingfield, Agnew, Barfield, Battle, Bowers, Clemmons, Gullick, Limehouse, Loftis, Lowe, Mahaffey, Moss, Owens, Pinson, Sandifer, D. C. Smith, Spires, Talley, Toole, White, Hardwick and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 51 TO TITLE 23 SO AS TO ENACT THE "REDUCED CIGARETTE IGNITION PROPENSITY STANDARDS AND FIREFIGHTER PROTECTION ACT", TO PROVIDE DEFINITIONS FOR TERMS CONTAINED IN THIS ACT, TO PROVIDE THAT CIGARETTES MAY NOT BE SOLD OR OFFERED FOR SALE IN THIS STATE UNLESS THEY HAVE BEEN TESTED IN ACCORDANCE WITH CERTAIN TEST METHODS, MET CERTAIN PERFORMANCE STANDARDS, RECEIVED CERTAIN CERTIFICATIONS, AND HAVE BEEN PROPERLY MARKED, TO SPECIFY THE TESTING METHODS AND PERFORMANCE STANDARDS THAT MUST BE MET.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\ 5523CM08), which was adopted:
Amend the bill, as and if amended, Section 23-51-20, as contained in SECTION 1, page 3, by adding after the period on line 6:
/(J) 'Brand style' means a variety of cigarettes distinguished by the tobacco used, tar and nicotine content, flavoring used, size of the cigarette, filtration on the cigarette, or packaging. /
Amend the bill further, as and if amended, Section 23-51-30(P), as contained in SECTION 1, page 5, by deleting / marshall / on line 37, and inserting / marshal /.
When amended Section 23-5-30(P) shall read:
/ (P) The State Fire Marshal shall implement the provisions contained in this chapter in accordance with the New York Fire Safety Standards, as amended, as contained in New York Executive Law, Section 156-c, as amended and Part 429 of Title 19 New York Codes, Rules, and Regulations, as amended. /
Amend the bill further, Section 23-51-40(E), as contained in SECTION 1, page 6, by inserting / brand style / after / cigarette / on line 27.
When amended Section 23-51-40(E) shall read:
/ (E) For each cigarette brand style listed in a certification, a manufacturer shall pay to the State Fire Marshal a two hundred fifty dollar fee. The State Fire Marshal is authorized to annually adjust this fee to ensure that it defrays the actual costs of the processing, testing, enforcement, and oversight activities required by this chapter. /
Amend the bill further, Section 23-51-50(D)(2), as contained in SECTION 1, page 7, by deleting / Complaint / on line 38 and inserting / Compliant /.
When amended Section 23-51-50(D)(2) shall read:
(2) the letters 'FSC', which signifies Fire Standards Compliant, appearing in eight point type or larger and permanently printed, stamped, engraved, or embossed on the package at or near the UPC code. Proposed markings shall be deemed approved if the State Fire Marshal fails to act within ten business days of receiving a request for approval. /
Renumber sections to conform.
Amend title to conform.
Rep. THOMPSON explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Pursuant to the provisions of House Rule 7.8, Rep. JENNINGS cast a proxy vote on behalf of Rep. J. E. SMITH in favor of H. 4900.
The following Bill was taken up:
H. 4783 (Word version) -- Reps. Hagood, Cato, Harvin, Hutson, Brantley, Anthony, Battle, Herbkersman, Hodges, Hosey, Leach, Littlejohn, Mahaffey, Moss and Williams: A BILL TO AMEND SECTION 40-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF TERMS IN THE LICENSURE AND REGULATION OF ARCHITECTS, SO AS TO DEFINE "INTERN ARCHITECT"; TO AMEND SECTION 40-3-115, RELATING TO THE AUTHORITY OF THE BOARD OF ARCHITECTURAL EXAMINERS OVER LICENSEES AND FORMER LICENSEES, SO AS TO PROVIDE THAT SUCH AUTHORITY EXTENDS OVER UNLICENSED INDIVIDUALS AND TO FURTHER CLARIFY THIS AUTHORITY; TO AMEND SECTION 40-3-120, RELATING TO FINES THAT MAY BE IMPOSED BY THE BOARD, SO AS TO INCREASE FROM TEN THOUSAND DOLLARS TO TWENTY THOUSAND DOLLARS THE MAXIMUM AMOUNT OF TOTAL FINES THAT THE BOARD MAY IMPOSE; TO AMEND SECTION 40-3-240, AS AMENDED, RELATING TO LICENSURE REQUIREMENTS, SO AS TO PROVIDE THAT APPLICATION FEES ARE NONREFUNDABLE AND THAT APPLICANTS MUST BE ENROLLED AND PARTICIPATING IN AN INTERN DEVELOPMENT PROGRAM; TO AMEND SECTION 40-3-250, AS AMENDED, RELATING TO LICENSE RENEWAL AND CONTINUING EDUCATION REQUIREMENTS, SO AS TO FURTHER CLARIFY REQUIRED CONTINUING EDUCATION TOPICS AND TO REQUIRE REGISTRANTS TO COMPLY WITH AUDIT DEADLINES AND REQUIREMENTS; TO AMEND SECTION 40-3-280, RELATING TO ARCHITECTS AND ARCHITECTURAL FIRMS HAVING A SEAL, SO AS TO AUTHORIZE THE USE OF AN ELECTRONIC SEAL AND SIGNATURE; AND TO AMEND SECTION 40-3-290, RELATING TO EXEMPTIONS FROM CHAPTER 3, TITLE 40, SO AS TO SPECIFY THAT ENGINEERS ARE NOT SUBJECT TO THIS CHAPTER, TO FURTHER SPECIFY WHICH FARM BUILDINGS, BUILDINGS LESS THAN THREE STORIES HIGH, AND DETACHED SINGLE FAMILY OR TWO-FAMILY DWELLINGS DO NOT REQUIRE THE SERVICES OF AN ARCHITECT, AND TO PROVIDE THAT ARCHITECTURAL SERVICES ARE NOT REQUIRED FOR ALTERATIONS AND RENOVATIONS TO BUILDINGS THAT DO NOT INCREASE THE AREAS OR CAPACITIES OF BUILDINGS BEYOND THAT GOVERNED BY THIS CHAPTER, THAT DO NOT AFFECT THE STRUCTURAL SAFETY OF THE BUILDING, OR THAT DO NOT CHANGE THE BUILDING'S ACCESS OR EXIT PATTERN.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\ 12267AC08), which was adopted:
Amend the bill, as and if amended, by deleting Section 40-3-20(11)(b) on page 2, line 24 and inserting:
/(b) is currently enrolled in and actively participating in the Intern Development Program or who has completed the Intern Development Program; and /
Renumber sections to conform.
Amend title to conform.
Rep. HUGGINS 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. 4892 (Word version) -- Reps. Haley, Loftis, Cato, Walker, Merrill, Huggins, Hutson, Harrell, E. H. Pitts, Hodges, Spires, Bowen, Ballentine, Funderburk, Knight, Cobb-Hunter, Jefferson, Ott, Owens, Sandifer, J. R. Smith, Chalk, Hardwick, Brady, Whipper, R. Brown and Mitchell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3640 SO AS TO CREATE THE "ENERGY INDEPENDENCE AND SUSTAINABLE HOMES ACT"; TO AMEND SECTION 12-6-3587, AS AMENDED, RELATING TO THE PURCHASE AND INSTALLATION OF CERTAIN SOLAR ENERGY HEATING OR COOLING SYSTEMS, SO AS TO PROVIDE A LOCAL GOVERNMENT OR HOMEOWNERS ASSOCIATION MAY NOT PROHIBIT THE INSTALLATION OF A SOLAR ENERGY HEATING OR COOLING SYSTEM IN A RESIDENTIAL HOME.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\ 22097AB08), which was adopted:
Amend the bill, as and if amended, by striking SECTION 3 in its entirety and inserting:
/ SECTION 3. Section 12-6-3587 of the 1976 Code, as last amended by Act 116 of 2007, is further amended to read:
"(___) A local government or homeowners association may not impose a greater requirement on a person wishing to install a solar energy heating or cooling system in a residential home than it otherwise would impose on a person wishing to install another heating, cooling, or similar mechanical system." /
Renumber sections to conform.
Amend title to conform.
Rep. HUGGINS explained the amendment.
The amendment was then adopted.
The question then recurred to the passage of the Bill, as amended, on second reading.
Rep. CATO demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Alexander Anderson Anthony Bales Ballentine Bannister Barfield Bedingfield Bingham Bowen Bowers Brady Branham Brantley R. Brown Cato Chalk Clemmons Clyburn Cobb-Hunter Coleman Cooper Cotty Crawford Daning Dantzler Delleney Duncan Erickson Frye Gambrell Gullick Haley Hamilton Hardwick Harrell Harrison Hart Harvin Haskins Hayes Herbkersman Hiott Hodges Hosey Huggins Hutson Jefferson Jennings Kelly Kennedy Kirsh Knight Leach Limehouse Littlejohn Loftis Lowe Mack Mahaffey McLeod Miller Mitchell Moody-Lawrence Moss Mulvaney J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Pinson E. H. Pitts M. A. Pitts Rice Rutherford Sandifer Scarborough Scott Shoopman Simrill Skelton D. C. Smith G. M. Smith G. R. Smith W. D. Smith Spires Stavrinakis Talley Taylor Thompson Toole Umphlett Vick Walker Weeks White Whitmire Williams Young
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
Pursuant to the provisions of House Rule 7.8, Rep. JENNINGS cast a proxy vote on behalf of Rep. J. E. SMITH in favor of H. 4892.
I was temporarily absent from the Chamber during the vote on H. 4892. Had I been present, I would have voted in favor of the Bill.
Rep. Ben A. Hagood, Jr.
The following Bill was taken up:
H. 4750 (Word version) -- Reps. Cobb-Hunter and McLeod: A BILL TO AMEND SECTION 37-11-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISCIPLINARY PROCEDURES FOR THOSE WHO MANAGE CONTINUING CARE FACILITIES, SO AS TO DELETE OBSOLETE PROVISIONS, PROVIDE GROUNDS FOR WHICH DISCIPLINARY ACTION MAY BE TAKEN, REQUIRE THAT DISCIPLINARY ACTION OCCUR SUBJECT TO THE ADMINISTRATIVE PROCEDURES ACT, AND REQUIRE A PERSON WHO HAS UNDERTAKEN UNLAWFUL CONDUCT TO REPAY COSTS OF ENFORCEMENT OF THE CHAPTER; BY ADDING SECTION 37-11-125 SO AS TO PROVIDE THAT THE ATTORNEY GENERAL MAY FILE AN ACTION IN CIVIL COURT TO ENFORCE PROVISIONS OF THIS CHAPTER; TO AMEND SECTION 37-11-135, RELATING TO EXEMPTIONS FROM DISCIPLINARY PROCEDURES, SO AS TO PROVIDE THAT EXEMPT COMMUNITIES MUST OBTAIN A LETTER OF NONAPPLICABILITY; BY ADDING SECTION 37-11-137 SO AS TO PROVIDE THAT FUNDS COLLECTED BY THE DEPARTMENT MUST BE USED TO IMPLEMENT THE PROVISIONS OF THIS CHAPTER; AND TO AMEND SECTION 37-11-140, RELATING TO THE EFFECTIVE DATE OF THE CHAPTER, SO AS TO DELETE OBSOLETE PROVISIONS.
Reps. HAGOOD, STAVRINAKIS and COBB-HUNTER proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\ 12291AC08), which was adopted:
Amend the bill, as and if amended, beginning on page 2, line 8 through page 3, line 10 by deleting Section 37-11-100(B) and inserting:
/ (B) The department may take disciplinary action against a licensee or an operator for violation of a provision of this chapter or a regulation promulgated pursuant to this chapter. /
Amend the bill further, Section 37-11-125, page 3, line 40 before /circuit/ by adding /the Administrative Law Court or/. So when amended Section 37-11-125 read:
/"Section 37-11-125. The department or the Attorney General may file an action in the Administrative Law Court or circuit court to enforce the provisions of this chapter."/
Amend the bill further, Section 37-11-135, page 4, line 6 by deleting /. and/ and inserting /. In order to qualify for this exemption, a facility/. So when amended Section 37-11-135 reads:
/ "Section 37-11-135. A continuing care retirement community which does not require payment of an entrance fee is exempt from the requirements of this chapter. In order to qualify for this exemption, a facility must obtain a letter of nonapplicability from the department."/
Renumber sections to conform.
Amend title to conform.
Rep. STAVRINAKIS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Pursuant to the provisions of House Rule 7.8, Rep. JENNINGS cast a proxy vote on behalf of Rep. J. E. SMITH in favor of H. 4750.
The following Bill was taken up:
H. 4766 (Word version) -- Reps. Lowe, Merrill, Crawford, Ballentine, Cobb-Hunter, Hagood, Harrell, Limehouse, E. H. Pitts, Scarborough, Spires, Young, Brady, R. Brown and Mulvaney: A BILL TO AMEND SECTION 48-52-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENERGY CONSERVATION PLANS FOR STATE AGENCIES, SO AS TO PROVIDE SPECIFIC ENERGY CONSUMPTION REDUCTION GOALS AND REPORTING REQUIREMENTS, TO PROVIDE AN EXEMPTION FROM ANNUAL REPORTING REQUIREMENTS FOR AN AGENCY IMPLEMENTING ALL AVAILABLE, COST-EFFECTIVE ENERGY CONSERVATION MEASURES, AND TO DEFINE THE TERM "ENERGY CONSUMPTION"; TO AMEND SECTION 48-52-640, RELATING TO PURCHASE OF ENERGY CONSERVATION PRODUCTS BY A STATE AGENCY, SO AS TO PROVIDE THAT THE STATE ENERGY OFFICE MAY CERTIFY FOR PROCUREMENT ONLY A PRODUCT THAT MEETS OR EXCEEDS FEDERAL ENERGY STAR STANDARDS, AND TO REQUIRE REPLACEMENT OF AN INCANDESCENT LIGHT BULB USED BY A STATE AGENCY WITH A COMPACT FLUORESCENT BULB WHEN THE INCANDESCENT BULB NEEDS REPLACING, AMONG OTHER THINGS.
Rep. LOWE proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\3876DW08), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 48-52-620 of the 1976 Code is amended to read:
"Section 48-52-620. (A)(1) Each state agency and public school district shall submit for approval to the State Energy Office an energy conservation plan and energy conservation goals, including energy consumption goals for buildings in use on July 1, 2008, with a goal to reduce energy consumption by at least one percent annually for five consecutive years beginning July 1, 2008. The plan also must have a goal of ultimately reducing energy consumption by twenty percent by July 1, 2020, relative to year 2000 levels. An agency shall implement all available cost-effective energy-saving measures to pursue these goals. In determining whether an energy-saving method is cost effective, an agency should primarily consider the measure's cost effectiveness over a five-year period rather than within one fiscal year. The State Energy Office shall provide agency assistance and information needed to help meet these goals.
(2) The provisions of this section do not apply to a building designed, constructed or rehabilitated, and maintained in compliance with the Energy Independence and Sustainable Construction Act of 2007.
(B) In order to monitor energy consumption, the State Energy Office must determine those state buildings which that require individual metering. Metering must be installed by the agency, the cost of which must be borne by the agency responsible for the utility bill for the building.
(C)(1) Each state agency and public school district annually shall submit periodic energy conservation reports in the manner and at such the times as required by the State Energy Office.
(2) An agency that does not attain the annual reduction goals required by this section shall include in its report a detailed justification that it implemented all available, cost-effective energy conservation methods.
(3) An agency that submits a report indicating it has implemented all available, cost-effective energy-saving measures as contemplated in subsection (A) is exempt from these reporting requirements for a year in which a subsequent report would indicate no status change. The agency must notify the State Energy Office that the agency is exempt under this item.
(D) Each public school district and state agency shall submit to the State Energy Office and each state agency shall include in its annual report to the State Budget and Control Board:
(1) activities undertaken implementing its energy conservation plan; and
(2) progress made in achieving its energy conservation goals.
(E) The State Energy Office shall compile the reports submitted pursuant to subsection (C) to be submitted annually, no later than December thirty-first, to the General Assembly. The State Energy Office shall provide suggested formats for plans and goals that must be submitted pursuant to subsection (A), reporting forms for reports required by subsection (C), and all technical assistance necessary for state agencies and school districts to satisfy the requirements of these subsections.
(F) For purposes of this article:
(1) 'Energy consumption' includes, but is not limited to, electricity, natural gas, fuel oil, and propane. Energy consumption must be measured using BTU's for each gross square foot.
(2) 'State agency' means a state government agency subject to the procurement code. For state institutions of higher learning, this definition only applies to those facilities greater than ten thousand gross square feet and does not include those facilities whose function is defined as athletics or research."
SECTION 2. Section 48-52-640 of the 1976 Code is amended to read:
"Section 48-52-640. (A) A vendor of energy conservation products making an energy conservation claim and attempting to sell to state government shall submit the product to the State Energy Office for evaluation and certification.
(B) Only Energy conservation products certified by the State Energy Office may be purchased by a state agency subject to the state procurement code, but only if the State Energy Office considers use of the energy conservation product more cost efficient than an uncertified product over a five-year period. The State Energy Office may certify only a product that meets or exceeds the Federal Energy Star standards designed by the United States Environmental Protection Agency and the United States Department of Energy.
(C) All A state agencies agency shall submit a disclaimer statement to the State Energy Office with their its annual report stating that they it did not purchase any an energy conservation products product that had not been certified by the State Energy Office.
(D) Each state agency head shall require the agency's procurement officer or other person authorized to purchase supplies for the agency to replace an incandescent light bulb used by the agency with a compact fluorescent bulb when the incandescent bulb needs to be replaced, and if the agency determines use of a compact fluorescent bulb is more cost effective over a five-year period than use of an incandescent bulb. A state agency may purchase incandescent bulbs for the agency if the agency verifies, in writing, that compelling circumstances require the use of incandescent bulbs."
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. LOWE explained the amendment.
The amendment was then adopted.
The question then recurred to the passage of the Bill, as amended, on second reading.
Rep. HARRISON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Alexander Allen Anderson Anthony Bales Ballentine Bannister Barfield Bedingfield Bingham Bowen Bowers Brady Branham Brantley Breeland G. Brown R. Brown Cato Chalk Clemmons Clyburn Cobb-Hunter Coleman Cooper Cotty Crawford Daning Dantzler Delleney Duncan Erickson Frye Funderburk Gambrell Govan Gullick Hamilton Hardwick Harrell Harrison Hart Harvin Haskins Hayes Herbkersman Hiott Hodges Hosey Huggins Hutson Jefferson Jennings Kelly Kennedy Kirsh Knight Leach Littlejohn Loftis Lowe Mack Mahaffey McLeod Merrill Miller Mitchell Moody-Lawrence Moss Mulvaney J. H. Neal J. M. Neal Neilson Ott Owens Phillips E. H. Pitts M. A. Pitts Rice Rutherford Sandifer Scarborough Scott Shoopman Simrill Skelton D. C. Smith F. N. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Spires Stavrinakis Stewart Talley Taylor Thompson Toole Umphlett Vick Walker Weeks White Whitmire Williams Young
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
I was temporarily absent from the Chamber during the vote on H. 4766. Had I been present, I would have voted in favor of the Bill.
Rep. Ben A. Hagood, Jr.
Rep. HARRISON moved to adjourn debate upon the following Bill until Tuesday, May 6, which was adopted:
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.
The following Bill was taken up:
H. 4446 (Word version) -- Reps. Pinson, Barfield, Gullick, Hayes, Huggins, McLeod, J. M. Neal, E. H. Pitts, M. A. Pitts and Vick: A BILL TO AMEND SECTION 1-11-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES WHOSE EMPLOYEES, RETIREES, AND THEIR DEPENDENTS ARE ELIGIBLE TO PARTICIPATE IN THE STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO EXTEND THIS ELIGIBILITY TO THE SOUTH CAROLINA ATHLETIC COACHES ASSOCIATION.
Rep. SIMRILL made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 4346 (Word version) -- Reps. Harrell, Ballentine, Talley, Lowe, Young, Toole, E. H. Pitts, Kirsh, Littlejohn, Cotty, Bedingfield, Walker, Mahaffey and Neilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-7-81 SO AS TO PROVIDE FOR THE DISCLOSURE OF INFORMATION REGARDING EARMARK PROJECTS OR PROGRAMS REQUESTED BY MEMBERS OF THE GENERAL ASSEMBLY FOR INCLUSION IN AN APPROPRIATIONS BILL, TO PROVIDE DEFINITIONS APPLICABLE FOR THE DISCLOSURE, AND TO PROVIDE FOR THE ENFORCEMENT OF THESE DISCLOSURE PROVISIONS.
Rep. OTT made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Joint Resolution was taken up:
H. 3975 (Word version) -- Reps. Delleney and Bowers: A JOINT RESOLUTION TO ALLOW THE GOVERNING BODY OF A COUNTY BY ORDINANCE TO POSTPONE FOR ONE ADDITIONAL YEAR A COUNTYWIDE PROPERTY TAX EQUALIZATION AND REASSESSMENT PROGRAM OTHERWISE SCHEDULED FOR IMPLEMENTATION BEGINNING FOR PROPERTY TAX YEAR 2007.
Rep. LITTLEJOHN explained the Joint Resolution.
Rep. BOWERS moved to adjourn debate on the Joint Resolution, which was adopted.
The following Bill was taken up:
H. 4378 (Word version) -- Rep. Miller: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 TO CHAPTER 10, TITLE 4 SO AS TO PROVIDE FOR THE IMPOSITION OF A SALES AND USE TAX NOT TO EXCEED ONE PERCENT BY REFERENDUM IN A MUNICIPALITY FOR A SPECIFIC PERIOD OF TIME AND FOR SPECIFIC PROJECTS, AND TO PROVIDE THE METHOD FOR IMPOSITION, PAYMENT, AND COLLECTION OF THIS TAX.
Rep. G. R. SMITH made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 4355 (Word version) -- Reps. Harrell, Kirsh, Bales, Lowe, E. H. Pitts, Cotty, Mahaffey, Battle and Crawford: A BILL TO AMEND SECTIONS 4-10-20, 4-10-350, 4-10-580, AND 4-37-30, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LOCAL OPTION SALES TAX, THE CAPITAL PROJECT SALES TAX, THE PERSONAL PROPERTY TAX EXEMPTION SALES TAX, AND THE TRANSPORTATION INFRASTRUCTURE SALES TAX, SO AS TO EXEMPT FROM THESE TAXES UNPREPARED FOOD ITEMS ELIGIBLE FOR PURCHASE WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS AND MAKE THIS EXEMPTION APPLY PROSPECTIVELY; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO ALLOW A COUNTY GOVERNING BOARD BY ORDINANCE TO EXTEND THE STATE SALES TAX EXEMPTION FOR FOOD ITEMS TO A LOCALLY IMPOSED SALES AND USE TAX.
Rep. OTT made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 4908 (Word version) -- Rep. Cooper: A BILL TO AMEND SECTION 12-28-2920, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONSTRUCTION OF TOLL ROADS, SO AS TO PROVIDE THAT FUNDS DERIVED FROM TOLLS MUST BE USED FOR CERTAIN PURPOSES BY THE DEPARTMENT OF TRANSPORTATION IN ITS SOLE DISCRETION, TO PROVIDE THAT THESE PURPOSES INCLUDE THE COST OF ACQUISITION, IMPROVEMENT, AND REFINANCING OF A TOLL PROJECT, AND TO PROVIDE THAT UPON REPAYMENT OF CERTAIN COSTS WHICH INCLUDE THE REFINANCING AND SATISFACTION OF THE OBLIGATIONS OF THE DEPARTMENT OF TRANSPORTATION UNDER CERTAIN AUTHORIZED AGREEMENTS; AND TO AMEND SECTION 57-3-200, RELATING TO THE DEPARTMENT OF TRANSPORTATION'S AUTHORITY TO ENTER INTO AGREEMENTS TO FINANCE, CONSTRUCT, AND MAINTAIN HIGHWAYS, ROADS, STREETS, AND BRIDGES, SO AS TO PROVIDE THAT THE DEPARTMENT MAY ALSO ENTER INTO AGREEMENTS TO FINANCE AND REFINANCE THESE PROJECTS, TO DELETE THE PROVISION THAT RESTRICTS THE DEPARTMENT'S AND THE STATE'S POLITICAL SUBDIVISIONS' POWER TO ACQUIRE, CONSTRUCT, EQUIP, MAINTAIN, OR OPERATE CERTAIN PROJECTS, TO PROVIDE THAT THE DEPARTMENT SHALL ESTABLISH INITIAL TOLLS, BUT MAY DELEGATE ITS AUTHORITY TO REVISE TOLLS BASED UPON CERTAIN CRITERIA, TO PROVIDE THAT THE DEPARTMENT MAY ALTER, EXTEND, AMEND, MODIFY, TRANSFER, OR ASSIGN ITS AGREEMENTS, TO PROVIDE THAT THE DEPARTMENT MUST USE A COMPETITIVE SELECTION PROCESS WHEN IT SOLICITS AND SELECTS A PRIVATE ENTITY TO ENTER INTO A PARTNERSHIP AGREEMENT, AND TO PROVIDE THAT THE DEPARTMENT IS EXEMPT FROM THE PROVISIONS CONTAINED IN THE STATE PROCUREMENT CODE.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\5529CM08), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. 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, or, in the case of a Qualified Toll Project, operating 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 a Qualified Toll Project, acquisition, cost of 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, financing, toll charges shall cease, or in the case of a Qualified Toll Project upon the repayment of the cost of acquisition, construction, equipping, improvement, financing, refinancing, operation, maintenance, and satisfaction of the obligations of all of the parties to an agreement authorized under Section 57-3-200, toll charges on such qualified toll projects shall cease.
(C) For purposes of this section and Section 57-3-200, a 'Qualified Toll Project' is a toll project involving an agreement between the department and another entity or entities on which tolls were being collected before January 1, 2008. The department has the authority to assign, amend, and extend the terms of a Qualified Toll Project agreement. However, an amendment or extension does not create a pecuniary obligation on the part of the department, the State of South Carolina, its agencies or subdivisions, or its taxpayers to pay any debt associated with the Qualified Toll Project."
SECTION 2. 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 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 a 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.
(B) 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. However, in the case of a Qualified Toll Project, the department, after setting the initial toll rate or rates, may delegate to the political subdivision, transportation authority, or private entity the power to revise the toll for inflation in an amount not to exceed the increase in the Consumer Price Index.
(C) The provisions of this section must not be construed to confer upon the Department of Transportation or political subdivisions any power to finance by toll or other means the acquisition, construction, equipping, maintenance or operation which the Department of Transportation or other political subdivisions do not possess under other provisions of this code."
SECTION 3. This act 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.
The Bill, as amended, was read the second time and ordered to third reading.
Pursuant to the provisions of House Rule 7.8, Rep. JENNINGS cast a proxy vote on behalf of Rep. J. E. SMITH in favor of H. 4908.
I abstained from voting during the voice vote on H. 4908, due to a potential conflict.
Rep. Eric Bedingfield
Rep. LOWE moved that the House recede until 2:30 p.m., which was agreed to.
At 2:30 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. 4847 (Word version) -- Reps. Cotty, Brady and J. E. Smith: A BILL TO AMEND SECTION 56-5-5635, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TOWING, STORAGE, AND DISPOSITION OF CERTAIN VEHICLES AND PERSONAL PROPERTY, SO AS TO DELETE THE TERM "LAW ENFORCEMENT OFFICER" AND REPLACE IT WITH THE TERM "OFFICER"; TO AMEND SECTION 56-5-5810, RELATING TO THE DEFINITION OF TERMS REGARDING THE PROVISIONS THAT REGULATE THE DISPOSITION OF ABANDONED OR DERELICT MOTOR VEHICLES ON PUBLIC AND PRIVATE PROPERTY, SO AS TO PROVIDE THAT THESE DEFINITIONS APPLY TO THE SAME TERMS AS THEY APPEAR IN ARTICLE 39, CHAPTER 5 OF TITLE 56, TO REVISE THE DEFINITIONS OF THE TERMS "OFFICER" AND "DERELICT VEHICLE", AND TO DELETE A DUPLICATE TERM AND ITS DEFINITION; TO AMEND SECTION 56-5-5850, RELATING TO THE PLACEMENT OF A COLORED TAG ON UNATTENDED VEHICLES AS NOTICE THAT IT MAY BE CONSIDERED TO BE ABANDONED, SO AS TO REVISE THE CONDITIONS UPON WHICH A COLORED TAG MAY BE PLACED UPON A VEHICLE, THE LEVEL OF NOTICE CONVEYED BY THE COLORED TAG, THE PERIOD FOR WHICH THE COLORED TAG AND NOTICE ARE VALID, AND TO PROVIDE THE CIRCUMSTANCES WHEN ADDITIONAL NOTICE IS REQUIRED; TO AMEND SECTION 56-5-5880, RELATING TO THE RIGHT OF CERTAIN GOVERNMENTAL OFFICIALS TO ENTER PRIVATE PROPERTY TO ENFORCE THE PROVISIONS THAT REGULATE THE DISPOSAL OF ABANDONED VEHICLES, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 56-5-5920, RELATING TO VEHICLES THAT ARE NOT SUBJECT TO THE PROVISIONS THAT REGULATE THE DISPOSAL OF ABANDONED MOTOR VEHICLES, SO AS TO PROVIDE THAT A VEHICLE HOUSED OR PROTECTED FROM THE ELEMENTS MUST BE KEPT WITHIN A CLOSED PERMANENT STRUCTURE TO BE EXEMPT FROM THESE PROVISIONS; AND TO AMEND SECTION 56-5-5950, RELATING TO PENALTIES THAT MUST BE IMPOSED ALSO UPON A PERSON WHO ABANDONS A VEHICLE, SO AS TO PROVIDE THAT THESE PENALTIES MUST BE IMPOSED UPON A PERSON WHO FAILS TO ABATE A DERELICT VEHICLE WITHIN A CERTAIN TIME PERIOD.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\5530CM08), which was adopted:
Amend the bill, as and if amended, by deleting SECTIONS 2, 3, 4, 5, 6, and 7 on pages 3 through 6 and inserting:
/ SECTION 2. The introductory language of Section 56-5-5810 and Section 56-5-5810(a) of the 1976 Code are amended to read:
"Section 56-5-5810. For the purposes of this article and Article 39:
(a) 'Officer' means any state, county, or municipal law enforcement officer, including county and municipal code enforcement and sanitation officers."
SECTION 3. 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.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3274 (Word version) -- Reps. J. E. Smith and Hagood: A BILL TO AMEND SECTION 40-5-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST ANY PERSON PRACTICING OR SOLICITING THE CAUSE OF ANOTHER PERSON IN A COURT OF THIS STATE UNLESS HE HAS BEEN ADMITTED AND SWORN AS AN ATTORNEY, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH, AND PERSONS AND CAUSES TO WHICH, IT APPLIES, AND TO MAKE A VIOLATION AN UNFAIR TRADE PRACTICE UNDER SECTION 39-5-20.
Rep. CRAWFORD made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up, read the second time, and ordered to a third reading:
H. 4312 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 62-5-106 SO AS TO PROVIDE THAT A GUARDIANSHIP, CONSERVATORSHIP, OR OTHER PROTECTIVE ORDER ESTABLISHED BY REASON OF INCAPACITY, AND NOT MERELY MINORITY, DOES NOT TERMINATE AUTOMATICALLY UPON THE ATTAINMENT OF THE AGE OF MAJORITY BY THE INCAPACITATED PERSON AND TO DEFINE "INCAPACITATED PERSON" FOR THAT PURPOSE.
Rep. TALLEY explained the Bill.
The following Bill was taken up:
H. 5009 (Word version) -- Reps. G. M. Smith, Weeks and Clemmons: A BILL TO AMEND SECTION 40-80-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A CRIMINAL RECORDS CHECK FOR A FIREFIGHTER, SO AS TO PROVIDE NO PERSON MAY VOLUNTEER AS A FIREFIGHTER, BE EMPLOYED AS A FIREFIGHTER, OR PERFORM FIREFIGHTING DUTIES IF HE HAS BEEN CONVICTED OF, PLED GUILTY TO, OR PLED NOLO CONTENDERE TO ARSON.
Rep. HERBKERSMAN explained the Bill.
Rep. GAMBRELL made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 4694 (Word version) -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-7-815 SO AS TO PROHIBIT A PERSON CHARGED WITH A CRIMINAL OFFENSE WITH A MAXIMUM PENALTY OF ONE YEAR OR MORE FROM SERVING ON A STATE GRAND JURY.
Rep. OTT made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 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.
Rep. CRAWFORD made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
Rep. SELLERS moved to adjourn debate upon the following Bill until Tuesday, May 6, which was adopted:
S. 882 (Word version) -- Senator Cleary: A BILL TO AMEND SECTION 40-15-175, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ISSUANCE OF DENTAL INSTRUCTOR LICENSES, SO AS TO PROVIDE THAT SUCH LICENSES ARE RESTRICTED LICENSES; TO FURTHER SPECIFY IN WHAT EDUCATIONAL PROGRAMS SUCH A LICENSEE MAY TEACH; TO PROVIDE FOR IMMEDIATE TERMINATION OF SUCH A LICENSE IF THE LICENSEE CEASES TO BE A FACULTY MEMBER AT ONE OF THE SPECIFIED PROGRAMS; AND ALSO TO PROVIDE THAT THE BOARD OF DENTISTRY MAY REVOKE SUCH A RESTRICTED LICENSE FOR VIOLATIONS OF THE CHAPTER OR REGULATIONS PROMULGATED UNDER THE CHAPTER; AND TO ADD SECTION 40-15-176 SO AS TO PROVIDE FOR THE QUALIFICATIONS AND ISSUANCE OF RESTRICTED PUBLIC HEALTH DENTAL LICENSES FOR OUT-OF-STATE LICENSED DENTISTS WHO WORK IN A GOVERNMENT OR ELEEMOSYNARY ENTITY TO PROVIDE DENTAL CARE TO UNDERSERVED RESIDENTS OF THIS STATE; TO PROVIDE FOR IMMEDIATE TERMINATION OF SUCH A LICENSEE IF THE LICENSEE CEASES TO BE EMPLOYED BY A SPECIFIED PROGRAM; TO REQUIRE SUCH LICENSES TO BE RENEWED ANNUALLY; AND TO PROVIDE THAT THE BOARD OF DENTISTRY MAY REVOKE SUCH A RESTRICTED LICENSE FOR VIOLATIONS OF THIS CHAPTER OR REGULATIONS PROMULGATED UNDER THIS CHAPTER.
Rep. J. H. NEAL moved to adjourn debate upon the following Bill until Tuesday, May 6, which was adopted:
S. 918 (Word version) -- Senator Cromer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-43-190 SO AS TO AUTHORIZE CENTRAL FILL PHARMACIES TO BE ESTABLISHED IN THIS STATE FOR THE PURPOSE OF FILLING PRESCRIPTIONS FOR, AND AT THE REQUEST OF, ANOTHER PHARMACY; TO ESTABLISH CERTAIN OPERATING PROCEDURES AND REQUIREMENTS FOR CENTRAL FILL PHARMACIES, INCLUDING, AMONG OTHER THINGS, OBTAINING A CENTRAL FILL PHARMACY PERMIT AND A CONTROLLED SUBSTANCES REGISTRATION, NOTIFYING PATIENTS OF CENTRAL FILL PROCESSING PROCEDURES, REQUIRING WRITTEN PRESCRIPTION DRUG INFORMATION AND A TOLL-FREE NUMBER, PROVIDING PRESCRIPTION LABELING AND RECORD KEEPING REQUIREMENTS, AND REQUIRING POLICIES AND PROCEDURES MANUALS.
Rep. HAYES moved to adjourn debate upon the following Bill until Tuesday, May 6, which was adopted:
S. 1168 (Word version) -- Senators Peeler and Alexander: A BILL TO AMEND SECTION 15-9-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SERVICE OF PROCESS ON THE SUPERINTENDENT OF A STATE MENTAL HOSPITAL, SO AS TO SUBSTITUTE "DIRECTOR" FOR "SUPERINTENDENT" OF SUCH HOSPITAL; TO AMEND SECTION 44-9-50, RELATING TO DIVIDING THE DEPARTMENT OF MENTAL HEALTH INTO DIVISIONS, SO AS TO DELETE THE PROVISION REQUIRING A MEDICAL DIVISION TO BE HEADED BY A MEDICAL DOCTOR; TO AMEND SECTION 44-9-60, RELATING TO THE APPOINTMENT AND QUALIFICATIONS OF THE SUPERINTENDENT OF EACH HOSPITAL UNDER THE DEPARTMENT OF MENTAL HEALTH, SO AS TO SUBSTITUTE "DIRECTOR" FOR "SUPERINTENDENT" OF SUCH HOSPITALS; TO AMEND SECTION 44-9-90, RELATING TO THE POWERS AND DUTIES OF THE MENTAL HEALTH COMMISSION, SO AS TO DELETE REFERENCES TO EPILEPSY AND TO CERTAIN OBSOLETE TERMS, TO MAKE TECHNICAL CORRECTIONS, AND TO SUBSTITUTE "DIRECTOR" FOR "SUPERINTENDENT" OF A MENTAL HEALTH HOSPITAL; TO AMEND SECTION 44-9-100, RELATING TO AREAS OF RESPONSIBILITY OVER WHICH THE MENTAL HEALTH COMMISSION MAY EXERCISE ITS AUTHORITY, SO AS TO DELETE OBSOLETE TERMS, MAKE TECHNICAL CORRECTIONS, AND SUBSTITUTE "DIRECTOR" FOR "SUPERINTENDENT" OF A MENTAL HEALTH HOSPITAL; TO AMEND SECTION 44-22-220, RELATING TO PATIENT RIGHTS GRIEVANCE PROCEDURES, SO AS TO PROVIDE THAT A GRIEVANCE MUST BE REVIEWED BY THE DEPARTMENT AND THAT A DETERMINATION MUST BE MADE WHETHER CORRECTIVE ACTION IS WARRANTED; TO AMEND SECTION 44-23-10, RELATING TO DEFINITION OF TERMS USED IN CONNECTION WITH THE DEPARTMENT OF MENTAL HEALTH AND THE CARE AND TREATMENT OF PERSONS WITH MENTAL ILLNESS, SO AS TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 44-23-210, RELATING TO THE TRANSFER OF PATIENTS BETWEEN PUBLIC AND PRIVATE MENTAL HEALTH AND MENTAL RETARDATION FACILITIES, SO AS TO MAKE TECHNICAL CORRECTIONS AND TO SUBSTITUTE "DIRECTOR" FOR "SUPERINTENDENT" OF A MENTAL HEALTH INSTITUTION OR FACILITY; TO AMEND SECTION 44-23-250, RELATING TO THE SIGNATURE OF A "SUPERINTENDENT OF ANY INSTITUTION" OF THE DEPARTMENT OF MENTAL HEALTH, SO AS TO PROVIDE THAT IT MEANS THE "DIRECTOR" OF SUCH INSTITUTIONS; TO REPEAL SECTION 44-11-80 RELATING TO THE MENTAL HEALTH COMMISSION SETTING THE SALARIES OF OFFICERS AND EMPLOYEES OF STATE MENTAL HEALTH FACILITIES; AND TO REPEAL SECTION 44-23-30 RELATING TO A NONRESIDENT PHYSICIAN EXAMINING AN INSTITUTIONALIZED PATIENT OUT OF STATE.
Rep. HAYES moved to adjourn debate upon the following Bill until Tuesday, May 6, which was adopted:
S. 1174 (Word version) -- Senators Peeler and Alexander: A BILL TO AMEND SECTION 44-7-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FACILITIES EXEMPT FROM HEALTH FACILITY LICENSURE, SO AS TO EXEMPT HOMESHARE ENHANCED RESPITE PROGRAMS DESIGNATED BY THE DEPARTMENT OF MENTAL HEALTH UNDER CERTAIN CONDITIONS.
Rep. HAYES moved to adjourn debate upon the following Bill until Tuesday, May 6, which was adopted:
S. 311 (Word version) -- Senator Grooms: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2723 SO AS TO REQUIRE ALL GROUP CHILDCARE HOMES AND FAMILY CHILDCARE HOMES THAT DO NOT CARRY LIABILITY INSURANCE TO OBTAIN STATEMENTS FROM EACH PARENT OR GUARDIAN OF A CHILD ENROLLED IN THE CHILDCARE FACILITY INDICATING THAT THE PARENT HAS RECEIVED NOTICE FROM THE FACILITY THAT THE FACILITY DOES NOT CARRY LIABILITY INSURANCE, TO REQUIRE A GROUP CHILDCARE HOME OR FAMILY CHILDCARE HOME WHOSE LIABILITY INSURANCE LAPSES OR IS CANCELED AND NOT REPLACED TO OBTAIN A STATEMENT FROM THE PARENT OR GUARDIAN OF A CHILD ENROLLED IN THAT CHILDCARE FACILITY, TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO INFORM EACH GROUP CHILDCARE HOME AND FAMILY CHILDCARE HOME OF THIS REQUIREMENT, AND TO PROVIDE THAT COMPLIANCE WITH THIS SECTION IS A CONDITION OF LICENSURE.
The following Bill was taken up:
H. 5001 (Word version) -- Reps. Owens, Hiott, F. N. Smith, Cotty, Haley, Simrill, Merrill, Spires, M. A. Pitts, Skelton, E. H. Pitts, Bedingfield, Kirsh, Mitchell, Perry, D. C. Smith, J. R. Smith, Erickson, Crawford, Daning, Leach, Ballentine, Bowen, Brantley, Cato, Clemmons, Clyburn, Cobb-Hunter, Dantzler, Duncan, Hamilton, Hardwick, Hosey, Jefferson, Kelly, Lowe, Mack, Moss, J. M. Neal, Rice, Scarborough, Shoopman, G. R. Smith, Taylor, Umphlett, Vick, Walker, White, Witherspoon and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-25-125 SO AS TO CREATE THE OFFENSE OF TRESPASS UPON THE GROUNDS OR STRUCTURE OF A DOMESTIC VIOLENCE SHELTER AND TO PROVIDE A PENALTY; AND TO AMEND SECTION 16-25-70, AS AMENDED, RELATING TO A WARRANTLESS ARREST OR SEARCH WHEN A PERSON IS BELIEVED TO HAVE COMMITTED A CRIMINAL DOMESTIC VIOLENCE OFFENSE, SO AS TO CLARIFY A WARRANTLESS ARREST OR SEARCH MAY BE UNDERTAKEN BY LAW ENFORCEMENT WHEN THERE IS PROBABLE CAUSE TO BELIEVE A VIOLATION HAS OCCURRED.
Reps. OWENS and HIOTT proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7623AHB08), which was adopted:
Amend the bill, as and if amended, by deleting Section 16-25-125(B), as contained in SECTION 1, pages 1 and 2, and inserting:
/ (B) A person who has been charged with or who has been convicted of a violation of Section 16-25-20 or Section 16-25-65 or who is subject to an order of protection issued pursuant to Chapter 4 of Title 20 whose household member, as defined in Section 16-25-10, resides in a domestic violence shelter, who does not have legitimate business or any authorization, license, or invitation to enter or remain upon the grounds or structure of a domestic violence shelter and who enters or remains upon the grounds or structure of the shelter commits a trespass upon the grounds or structure of a domestic violence shelter and is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than five years, or both." /
Amend the bill further, by adding an appropriately numbered SECTION after line 24 on page 2 to read:
/ SECTION ___. Section 16-25-120(D) of the 1976 Code, as added by Act 166 of 2005, is amended to read:
"(D) At the bond hearing pursuant to the provisions of this section or another provision of law, the court shall inform in writing the person charged with a violation of Article 1, Chapter 25, Title 16 of his right to obtain counsel and, if indigent, his right to court-appointed counsel along with instructions on how to obtain court-appointed counsel. If the court decides to release the person pending his trial, the court shall inform the person in writing that if his household member, as defined in Section 16-25-20, is living in a domestic violence shelter, as defined in Section 16-25-125, and he trespasses onto the property of that domestic violence shelter, he could be charged with a violation of Section 16-25-125(B), which is a felony, and upon conviction of that charge, he could be fined up to five thousand dollars, imprisoned up to five years, or both." /
Renumber sections to conform.
Amend title to conform.
Rep. HERBKERSMAN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. J. H. NEAL withdrew his request for debate on the following Bill, whereupon requests for debate were raised by Reps. CRAWFORD, LOWE, STAVRINAKIS and CHALK:
H. 3797 (Word version) -- Reps. Chalk, Mitchell, Lowe and Clemmons: A BILL TO AMEND SECTION 44-7-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN CONNECTION WITH THE LICENSURE OF HEALTH FACILITIES, SO AS TO ADD A DEFINITION FOR AN "IN-HOME CARE SERVICE PROVIDER"; AND TO AMEND SECTION 44-7-260, RELATING TO REQUIREMENTS FOR LICENSURE OF A HEALTH FACILITY, SO AS TO MAKE THE LICENSURE REQUIREMENTS APPLICABLE TO AN "IN-HOME CARE SERVICE PROVIDER".
Rep. HART asked unanimous consent to recall H. 3412 (Word version) from the Committee on Ways and Means.
Rep. YOUNG objected.
On motion of Rep. COOPER, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works and was referred to the Committee on Ways and Means:
S. 815 (Word version) -- Senators Setzler, Courson, Short, Matthews, Rankin, Hayes, Sheheen, Drummond and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 35, TITLE 59 SO AS TO CREATE A FULL-DAY, FOUR-YEAR-OLD KINDERGARTEN, TO DEFINE CERTAIN TERMS, TO PROVIDE REQUIREMENTS FOR STUDENT ELIGIBILITY AND PRIORITY FOR ADMISSION, TO PROVIDE DUTIES OF THE DEPARTMENT OF EDUCATION AND OTHER STATE AGENCIES, TO PROVIDE FUNDING AND REPORTING REQUIREMENTS, TO PROVIDE THAT ENROLLMENT IS A MATTER OF PARENTAL DISCRETION, TO PROVIDE THAT A FEE OR TUITION MAY NOT BE CHARGED, TO PROVIDE A PARENTING EDUCATION PROGRAM, AMONG OTHER THINGS; AND TO DESIGNATE SECTION 59-35-10 AS ARTICLE 1, CHAPTER 35, TITLE 59 AND ENTITLED "FIVE-YEAR-OLD KINDERGARTEN".
Rep. MOSS asked unanimous consent to recall H. 4369 (Word version) from the Committee on Judiciary.
Rep. MERRILL objected.
Rep. BALLENTINE asked unanimous consent to recall H. 4992 (Word version) from the Committee on Ways and Means.
Rep. OTT objected.
Rep. KENNEDY asked unanimous consent to recall H. 3262 (Word version) from the Committee on Education and Public Works.
Rep. KELLY objected.
Rep. HART asked unanimous consent to recall H. 3588 (Word version) from the Committee on Judiciary.
Rep. UMPHLETT objected.
Rep. ERICKSON asked unanimous consent to recall H. 4523 (Word version) from the Committee on Judiciary.
Rep. HART objected.
The Senate Amendments to the following Joint Resolution were taken up for consideration:
H. 4735 (Word version) -- Reps. Harrell, Cato, Funderburk, Loftis, Sandifer, Thompson, Owens, Harvin, Bedingfield, Leach, Bales, Whipper and R. Brown: A JOINT RESOLUTION TO CREATE THE SOUTH CAROLINA EDUCATIONAL BROADBAND SERVICE COMMISSION FOR THE PURPOSE OF OBTAINING AND EVALUATING PROPOSALS FROM COMMERCIAL ENTITIES FOR THE LEASING OF SPECTRUM CAPACITY LICENSED TO THE SOUTH CAROLINA EDUCATIONAL TELEVISION NETWORK, TO PROVIDE A PROCESS FOR APPROVAL OF THE LEASES, TO PROVIDE THAT ANY REVENUE RECEIVED FROM THE LEASE OF SPECTRUM CAPACITY SHALL BE DEPOSITED INTO THE STATE GENERAL FUND, TO EXEMPT THE LEASES FROM THE CONSOLIDATED PROCUREMENT CODE, AND TO PROVIDE FOR THE MEMBERSHIP, POWERS, AND DUTIES OF THE COMMISSION.
Rep. COOPER moved to adjourn debate upon the Senate Amendments until Wednesday, April 30, which was agreed to.
The Senate Amendments to the following Bill were taken up for consideration:
H. 4800 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 2008, TO REGULATE THE EXPENDITURE OF SUCH FUNDS, AND TO FURTHER PROVIDE FOR THIS OPERATION OF STATE GOVERNMENT DURING THIS FISCAL YEAR AND FOR OTHER PURPOSES.
Rep. COOPER moved to adjourn debate upon the Senate Amendments until Thursday, May 1, which was agreed to.
The Senate Amendments to the following Joint Resolution were taken up for consideration:
H. 4801 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2007-2008.
Rep. COOPER moved to adjourn debate upon the Senate Amendments until Thursday, May 1, which was agreed to.
The Senate Amendments to the following Bill were taken up for consideration:
S. 642 (Word version) -- Senators Thomas and Anderson: 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.
Rep. CATO moved to adjourn debate upon the Senate Amendments until Tuesday, May 6, which was agreed to.
The motion period was dispensed with on motion of Rep. LOWE.
The following Bill was taken up:
H. 4337 (Word version) -- Reps. R. Brown, Clyburn, Knight, Bedingfield, Toole and Hodges: A BILL TO AMEND SECTION 48-14-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STORMWATER RUNOFF FEES, SO AS TO SPECIFICALLY EXEMPT FARM LAND, FOREST LAND, AND UNDEVELOPED LAND FROM SUCH FEES.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20660SD08), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 6-1-330 of the 1976 Code is amended by adding a new subsection (D) to read:
"(D) Agricultural lands, forest lands, and undeveloped lands are exempt from any fee imposed by a local governing body for a stormwater, sediment, or erosion control program."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. R. BROWN 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 Alexander Allen Anderson Bales Ballentine Bannister Barfield Bedingfield Bingham Bowen Bowers Brady Branham Brantley Breeland G. Brown R. Brown Cato Chalk Clyburn Cobb-Hunter Cooper Crawford Dantzler Davenport Delleney Duncan Edge Erickson Frye Funderburk Gambrell Govan Gullick Hagood Haley Hamilton Harrell Harrison Harvin Haskins Hayes Hodges Hosey Huggins Jefferson Jennings Kelly Kennedy Kirsh Knight Leach Littlejohn Loftis Lowe Lucas Mack Mahaffey McLeod Miller Mitchell Moss Mulvaney J. H. Neal J. M. Neal Neilson Ott Owens Parks Pinson E. H. Pitts Rice Rutherford Scarborough Scott Sellers Shoopman Simrill Skelton G. M. Smith G. R. Smith Spires Stavrinakis Taylor Thompson Toole Umphlett Vick Walker Weeks Whipper White Whitmire Williams
Those who voted in the negative are:
Daning Herbkersman Hutson Merrill Perry D. C. Smith J. R. Smith Young
So, the Bill, as amended, was read the second time and ordered to third reading.
I was temporarily absent from the Chamber during the vote on H. 4337. Had I been present, I would have voted in favor of the Bill.
Rep. Jim Stewart
The following Bill was taken up:
H. 4672 (Word version) -- Reps. White, Duncan and Whipper: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO MOVE FORWARD FROM JULY 1, 2011, TO JULY 1, 2008, THE EXEMPTION ALLOWED FOR CONSTRUCTION MATERIALS USED IN THE CONSTRUCTION OR EXPANSION OF A MANUFACTURING OR DISTRIBUTION FACILITY AND TO REDUCE FROM ONE HUNDRED MILLION TO FIFTY MILLION DOLLARS THE MINIMUM INVESTMENT REQUIRED TO RECEIVE THE EXEMPTION; TO AMEND ACT 384 OF 2006, RELATING TO MISCELLANEOUS REVENUE PROVISIONS, SO AS TO CONFORM A PHASE-IN PROVISION FOR THE CONSTRUCTION MATERIALS SALES TAX EXEMPTION AMENDMENT IN THIS ACT; AND TO AMEND SECTION 12-43-220, AS AMENDED, RELATING TO THE CLASSIFICATION OF PROPERTY AND APPLICABLE ASSESSMENT RATIOS FOR PURPOSES OF THE PROPERTY TAX, SO AS TO REVISE THE DEFINITION OF MANUFACTURING PROPERTY WITH RESPECT TO WAREHOUSING AND DISTRIBUTION FACILITIES OWNED OR LEASED BY A MANUFACTURER.
Rep. RICE proposed the following Amendment No. 2 (Doc Name COUNCIL\AGM\19125HTC08), which was adopted:
Amend the bill, as and if amended, by adding an antepenultimate section appropriately numbered to read:
/ SECTION 1.A. Section 12-37-900 of the 1976 Code is amended to read:
"Section 12-37-900. Every person required by law to list property shall, annually, between the first day of January and the first day of March, make out and deliver to the auditor of the county in which the property is by law to be returned for taxation a statement, verified by his oath, of all the real estate which has been sold or transferred since the last listing of property for which he was responsible and to whom, and of all real and personal property possessed by him, or under his control, on the thirty-first day of December next preceding, either as owner, agent, parent, husband, guardian, executor, administrator, trustee, receiver, officer, partner, factor, or holder with the value thereof, on such thirty-first day of December, at the place of return, estimating according to the rules prescribed by law, except that the returns of corn, cotton, wheat, oats, rice, peas, and long forage, made on the day specified by law, shall be the amounts actually on hand in the hands of the producer thereof on the first day of August, immediately preceding the date of such return. But any county upon the written approval of a majority of the county legislative delegation, including the Senator, may waive penalties for failing to make such statement or may provide that such statement shall be made every fourth year. This section shall not repeal or alter any prior law or laws applying to particular counties which allow or provide for returns of real property more frequently than every four years.
A manufacturer not under a fee agreement is not required to return personal property for ad valorem tax purposes if the property remains in this State at a manufacturing facility that has not been operational for one fiscal year and the personal property has not been used in operations for one fiscal year. The personal property is not required to be returned until the personal property becomes operational in a manufacturing process or until the property has not been returned for ad valorem tax purposes for four years, whichever is earlier. A manufacturer must continue to list the personal property annually and designate on the listing that the personal property is not subject to tax pursuant to this section."
B. Notwithstanding the general effective date of this act, this section takes effect upon approval of this act by the Governor and applies to tax years beginning after 2007. /
Renumber sections to conform.
Amend title to conform.
Rep. RICE explained the amendment.
The amendment was then adopted.
Rep. RICE proposed the following Amendment No. 3 (Doc Name COUNCIL\BBM\10549HTC08), which was adopted:
Amend the bill, as and if amended, by adding an antepenultimate SECTION appropriately numbered to read:
/ SECTION __. Section 12-6-3360(M)(13) of the 1976 Code, as last amended by Act 390 of 2006, is further amended to read:
"(13) 'Qualifying service-related facility' means:
(a) an establishment engaged in an activity or activities listed under the North American Industry Classification System Manual (NAICS) Section 62, subsectors 621, 622, and 623; or
(b) a business, other than a business engaged in legal, accounting, banking, or investment services or retail sales, which has a net increase of at least:
(i) two hundred fifty jobs at a single location;
(ii) one hundred twenty-five jobs at a single location and the jobs have an average cash compensation level of more than one and one-halfone-quarter times the lower of state per capita income or per capita income in the county where the jobs are located;
(iii) seventy-five jobs at a single location and the jobs have an average cash compensation level of more than twiceone and one-half times the lower of state per capita income or per capita income in the county where the jobs are located; or
(iv) thirty jobs at a single location and the jobs have an average cash compensation level of more than two and one-half times the lower of state per capita income or per capita income in the county where the jobs are located; or
(v) fifteen jobs at a single location and the jobs have an average cash compensation level or more than two and one-half times the lower of the state per capita income or per capita income of the county in which the jobs are located.
A taxpayer shall use the most recent per capita income data available as of the end of the taxable year in which the jobs are filled. Determination of the required number of jobs is in accordance with the monthly average described in subsection (F)." /
Renumber sections to conform.
Amend title to conform.
Rep. RICE explained the amendment.
The amendment was then adopted.
Rep. RICE proposed the following Amendment No. 4 (Doc Name COUNCIL\BBM\10551HTC08), which was adopted:
Amend the bill, as and if amended, by striking Section 10B. and inserting:
/ B. Subsections (B) and (C) of Section 12-20-105 of the 1976 Code, as last amended by Act 116 of 2007, are further amended to read:
"(B)(1) To be considered an eligible project for purposes of this section, the project must qualify for income tax credits under Chapter 6, Title 12, withholding tax credit under Chapter 10, Title 12, income tax credits under Chapter 14, Title 12, or fees in lieu of property taxes under either Chapter 12, Title 4, Chapter 29, Title 4, or Chapter 44, Title 12.
(2) If a project consists of an office, business, commercial, or industrial park, or combination of these, used exclusively for economic development which is owned or constructed by a county or political subdivision of this State when the qualifying improvements are paid for, the project does not have to meet the qualifications of item (1) to be considered an eligible project. As provided in subsection (C)(4), the county or political subdivision may sell all or a portion of the business or industrial park.
(C) For the purpose of this section, 'infrastructure' means improvements for water, wastewater, hydrogen fuel, sewer, gas, steam, electric energy, and communication services made to a building or land that are considered necessary, suitable, or useful to an eligible project. These improvements include, but are not limited to:
(1) improvements to both public or private water and sewer systems;
(2) improvements to both public or private electric, natural gas, and telecommunications systems including, but not limited to, ones owned or leased by an electric cooperative, electric utility, or electric supplier, as defined in Chapter 27, Title 58;
(3) fixed transportation facilities including highway, road, rail, water, and air;
(4) for a qualifying project under subsection (B)(2), infrastructure improvements include industrial shell buildings and the purchase of land for an office, business, commercial, or industrial park, or combination of these, used exclusively for economic development which is owned or constructed by a county or political subdivision of this State. Nothing in this section shall prohibit the The county or political subdivision from selling may sell the industrial shell building or industrial all or a portion of the park at any time after the company has paid in cash to provide the infrastructure for an eligible project.; and
(5) for a qualifying project pursuant to subsection (B)(2), infrastructure improvements also include due diligence expenditures relating to environmental conditions made by a county or political subdivision after it has acquired contractual rights to an industrial park. Due diligence expenditures include such items as Phase I and II studies and environmental or archeological studies required by state or federal statutes or guidelines or similar lender requirements. Contractual rights include options to purchase real property or other similar contractual rights acquired before the county or political subdivision files a deed to the property with the Register of Mense Conveyances." /
Renumber sections to conform.
Amend title to conform.
Rep. RICE explained the amendment.
The amendment was then adopted.
Rep. WHITE proposed the following Amendment No. 5 (Doc Name COUNCIL\AGM\19230MM08), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___.A. Section 12-14-80 of the 1976 Code, as last amended by Act 116 of 2007, is further amended to read:
"Section 12-14-80. (A) There is allowed an economic impact zone an investment tax credit pursuant to Section 12-14-60 for qualifying investments made by a manufacturer which for any taxable year in which the taxpayer places in service qualified manufacturing and productive equipment and which taxpayer:
(1) is engaged in this State in at least one economic impact zone, as defined in Section 12-14-30(1), in an activity or activities listed under the North American Industry Classification System Manual (NAICS) Section 326;
(2) is employing five thousand or more full-time workers in this State and having a total capital investment in this State of not less than two billion dollars; and
(3) has invested commits to invest five hundred million dollars in capital investment in this State between January 1, 2006, and July 1, 2011.
(B) For purposes of this section, 'qualified manufacturing and productive equipment property' means property that satisfies the requirements of Section 21-14-60(B)(1)(a), (b), and (c).
(C) The amount of the credit allowed by this section is equal to the aggregate amount computed based on Section 12-14-60(A)(2).
(B)(D) A taxpayer that qualifies for the tax credit allowed by this section may claim the credit earned pursuant to this section and credits earned pursuant to Section 12-6-3360 in the manner provided pursuant to Sections 12-6-3360 and 12-14-60, or as a credit in an amount equal to not more than fifty percent of the employee's withholding on the taxpayer's quarterly withholding tax returns. The taxpayer must elect to take the credit either as an income tax or a withholding tax credit but not both. A taxpayer must first take the credits as an income tax credit in a year in which the taxpayer has a corporate income tax liability. The withholding tax credit may be taken only when the taxpayer has used the maximum investment tax credit allowed against the corporate income tax for that year. The withholding credit may only be taken for qualifying investments made or placed in service after July 1, 2007. To claim the credit against the employee's withholding, the taxpayer must be in compliance with its withholding tax and other taxes due to the State. allowed by this section in addition to the credit allowed by Section 12-6-3360 as a credit against withholding taxes imposed by Chapter 8 of this title. The taxpayer must first apply the credit allowed by this section and Section 12-6-3360 against income tax liability. To the extent that the taxpayer has unused credit pursuant to this section for the taxable year after the application of the credits allowed by this section and Section 12-6-3360 against income tax liability, the taxpayer may claim the excess credit as a credit against withholding taxes on its four quarterly withholding tax returns for the taxpayer's taxable year; except that the credit claimed against withholding tax may not exceed fifty percent of the withholding tax shown as due on the return before the application of other credits including other credits pursuant to Sections 12-10-80 or 12-10-81. For the period July 1, 2007, to June 30, 2008, a taxpayer using this section may not reduce its state withholding tax to less than the withholding tax remitted for the period June 30, 2006, to July 1, 2007.
(E) Unused credits allowed pursuant to this section may be carried forward for use in a subsequent tax year. During the first ten years of each tax credit carryforward, the credit may not reduce a taxpayer's state income tax liability by more than fifty percent, and for a subsequent year the credit carryforward may not reduce a taxpayer's state income tax liability by more than twenty-five percent. Investment tax credit carryforwards pursuant to this section and credit carryforwards pursuant to Section 12-6-3360 must first be used as a credit against income taxes for that year. Any excess may be used pursuant to subsection (D) as a credit against withholding taxes; except that the limitations of subsection (D) apply each year and the Economic Impact Zone tax credit carryforwards that existed on the effective date of Act 83 of 2007 may not be used to reduce withholding tax liabilities pursuant to this section.
(F) The amount of credit used against withholding taxes must reduce the amount of credit that may be used against income tax liability. The amount of credit used against withholding taxes must reduce the amount of credit that may be used against income taxes.
(G) If the taxpayer disposes of or removes qualified manufacturing and productive equipment property from the State during any taxable year and before the end of applicable recovery period for such property as determined under Section 168(e) of the Internal Revenue Code, then the income tax due pursuant to this chapter for the current taxable year must be increased by an amount of any credit claimed in prior years with respect to that property, determined by assuming the credit is earned ratably over the useful life of the property and recapturing pro rata the unearned portion of the credit. This recapture applies to credit previously claimed as a credit against income taxes pursuant to this chapter or withholding tax pursuant to Chapter 8.
(H) For South Carolina income tax purposes, the basis of the qualified manufacturing and productive equipment property must be reduced by the amount of any credit claimed with respect to the property, whether claimed as a credit against income taxes or withholding. If a taxpayer is required to recapture the credit in accordance with subsection (G), the taxpayer may increase the basis of the property by the amount of basis reduction attributable to claiming the credit in prior years. The basis must be increased in the year in which the credit is recaptured.
(I) A credit must not be taken pursuant to this section for capital investments placed in service outside of an Economic Impact Zone until the taxpayer has invested two hundred million dollars of the five hundred million-dollar investment requirement described in subsection (A)(3), and the taxpayer files a statement with the department stating that it (i) commits to invest a total of five hundred million dollars in this State between January 1, 2006, and July 1, 2011; and (ii) shall refund any credit received with interest at the rate provided for underpayments of tax if it fails to meet the requirement of (A)(3). This statement and proof of qualification must be filed with the notice required in subsection (J). Credit is not allowed pursuant to this section for property placed in service before June 30, 2007. For credit claimed before the investment of the full five hundred million dollars, the company claiming the credit must execute a waiver of the statute of limitations pursuant to Section 12-54-85, allowing the department to assess the tax for a period commencing with the date that the return on which the credit is claimed is filed and ending three years after the company notifies the department that the full five hundred million dollar investment has been made. A waiver of the statute of limitations must accompany the return on which the credit is claimed.
(J) The taxpayer shall notify the department before taking any credits pursuant to this section. Taxpayer shall state it has met the requirements of subsection (A). Additionally, in a taxable year after the year of qualification for credit pursuant to this section, the taxpayer shall include with its tax return for that year (i) a statement that the taxpayer has continued to meet the requirements of subsections (A)(1) and (A)(2); (ii) the reconciliation required in subsection (D); and (iii) any statement and support for subsection (I)."
B. This section takes effect July 1, 2007, and applies for capital investments placed in service outside of an economic impact zone after June 30, 2007, and for quarterly state withholding returns due on and after that date, provided that for the period July 1, 2007, to June 30, 2008, a taxpayer using this section may not reduce its state withholding tax to less than the withholding tax remitted for the period June 30, 2006, to July 1, 2007. /
Renumber sections to conform.
Amend title to conform.
Rep. WHITE explained the amendment.
The amendment was then adopted.
Rep. RICE proposed the following Amendment No. 6 (Doc Name COUNCIL\BBM\10558HTC08), which was adopted:
Amend the bill, as and if amended, by striking SECTION 11, beginning on page 4672-9 and inserting:
/SECTION 11. A. Section 12-43-220(a) of the 1976 Code is amended to read:
"(a)(1) All real and personal property owned by or leased to manufacturers and utilities and used by the manufacturer or utility in the conduct of the business must be taxed on an assessment equal to ten and one-half percent of the fair market value of the property.
(2) Real property owned by or leased to a manufacturer and used primarily for research and development is not considered used by a manufacturer in the conduct of the business of the manufacturer for purposes of classification of property under pursuant to this item (a) of this section. The term 'research and development' means basic and applied research in the sciences and engineering and the design and development of prototypes and processes.
(3) Real property owned by or leased to a manufacturer and used primarily as an office building is not considered used by a manufacturer in the conduct of the business of the manufacturer for purposes of classification of property under pursuant to this item (a) of this section if the office building is not located on the premises of or contiguous to the plant site of the manufacturer.
(4) Real property owned by or leased to a manufacturer and used primarily exclusively for warehousing and wholesale distribution of clothing and wearing apparel is not considered used by a manufacturer in the conduct of the business of the manufacturer for purposes of classification of property under pursuant to this item (a) of this section if the property is not located on the premises of or contiguous to the manufacturing site of the manufacturer."
B. This section takes effect upon approval of this act by the Governor and applies in each county in the year after the next countywide reassessment is implemented. The owners of existing warehouses affected by Section 12-43-220(a)(4) as amended by this section who are paying a 10.5 percent assessment ratio in 2008 shall notify the county in writing by July 1, 2009, for the ratio to be reduced. Warehouses must continue to be assessed at 10.5 percent of fair market value until this written notification is given. /
Renumber sections to conform.
Amend title to conform.
Rep. RICE 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 Alexander Allen Bales Bannister Barfield Bedingfield Bingham Bowen Bowers Brady Branham Brantley Breeland R. Brown Cato Chalk Clyburn Cobb-Hunter Cooper Crawford Daning Davenport Delleney Duncan Edge Erickson Frye 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 Littlejohn Loftis Lowe Lucas Mack McLeod Merrill Miller Mitchell Moss Mulvaney J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Pinson E. H. Pitts M. A. Pitts Rice Rutherford Scarborough Scott Sellers Shoopman Simrill Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith Spires Stavrinakis Stewart Talley Taylor Thompson Toole Umphlett Vick Walker Weeks Whipper White Whitmire Williams Young
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 4697 (Word version) -- Reps. Walker and Whipper: A BILL TO AMEND SECTION 56-1-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL USE OF A DRIVER'S LICENSE AND PERSONAL IDENTIFICATION CARD, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO DISPLAY OR POSSESS A COUNTERFEIT DRIVER'S LICENSE OR PERSONAL IDENTIFICATION CARD; AND TO AMEND SECTION 56-1-515, RELATING TO THE UNLAWFUL ALTERATION AND USE OF A DRIVER'S LICENSE AND PERSONAL IDENTIFICATION CARD, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO PRODUCE OR POSSESS A COUNTERFEIT DRIVER'S LICENSE OR IDENTIFICATION CARD.
Rep. G. M. SMITH proposed the following Amendment No. 2 (Doc Name COUNCIL\GJK\20689SD08), which was adopted:
Amend the bill, as and if amended, by striking subsection (D) of Section 56-1-515 of the 1976 Code, as contained in SECTION 2, and inserting:
/ (3)(D) Any A person violating the provisions of subsection (1)(A) or subsection (C) is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand five hundred dollars or imprisoned for not more than six months, or both five hundred dollars or imprisoned for not more than thirty days. /
Amend the bill further, as and if amended, by striking subsection (E) of Section 56-1-515 and inserting:
/ (4)(E) Any A person violating the provisions of subsection (2)(B) is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days five hundred dollars or imprisoned for not more than thirty days./
Renumber sections to conform.
Amend title to conform.
Rep. G. M. SMITH 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 Alexander Allen Anderson Bales Ballentine Bannister Barfield Bedingfield Bingham Bowen Bowers Brady Branham Brantley Breeland G. Brown R. Brown Cato Chalk Clyburn Cobb-Hunter Cooper Crawford Daning Dantzler Davenport Delleney Duncan Edge Erickson Gambrell Govan Gullick Haley Hamilton Hardwick Harrell Harrison Hart Harvin Haskins Hayes Herbkersman Hiott Hodges Hosey Huggins Hutson Jefferson Jennings Kelly Kennedy Kirsh Knight Leach Littlejohn Loftis 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 M. A. Pitts Rice Rutherford Scott Sellers Shoopman Simrill Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith Spires Stavrinakis Talley Taylor Thompson Toole Umphlett Vick Walker Weeks Whipper White Whitmire Williams Young
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
I was temporarily out of the Chamber attending a Senate Judiciary Committee meeting when the House voted on H. 4697. If I had been present, I would have voted in favor of the Bill.
Rep. Laurie Slade Funderburk
The following Bill was taken up:
H. 3797 (Word version) -- Reps. Chalk, Mitchell, Lowe and Clemmons: A BILL TO AMEND SECTION 44-7-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN CONNECTION WITH THE LICENSURE OF HEALTH FACILITIES, SO AS TO ADD A DEFINITION FOR AN "IN-HOME CARE SERVICE PROVIDER"; AND TO AMEND SECTION 44-7-260, RELATING TO REQUIREMENTS FOR LICENSURE OF A HEALTH FACILITY, SO AS TO MAKE THE LICENSURE REQUIREMENTS APPLICABLE TO AN "IN-HOME CARE SERVICE PROVIDER".
Rep. THOMPSON moved to commit the Bill to the Committee on Ways and Means.
Rep. CRAWFORD moved to table the motion, which was rejected by a division vote of 19 to 45.
The question then recurred to the motion to commit the Bill to the Committee on Ways and Means.
Rep. CRAWFORD demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Alexander Allen Anderson Bales Ballentine Bannister Barfield Bedingfield Bingham Bowen Brady Branham Breeland G. Brown Cato Clyburn Cobb-Hunter Cooper Dantzler Delleney Duncan Frye Gambrell Gullick Hagood Haley Hamilton Hardwick Harrison Harvin Haskins Hayes Hiott Hosey Huggins Jennings Kennedy Kirsh Knight Leach Loftis Mack McLeod Merrill Miller Moss J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Pinson E. H. Pitts Rice Rutherford Scott Sellers Simrill Skelton D. C. Smith G. R. Smith J. R. Smith Stavrinakis Stewart Taylor Thompson Toole Umphlett Vick Weeks White Whitmire
Those who voted in the negative are:
Bowers Brantley R. Brown Chalk Crawford Daning Davenport Edge Erickson Harrell Herbkersman Hodges Hutson Jefferson Littlejohn Lowe Lucas Mahaffey W. D. Smith Spires Whipper Williams Young
So, the Bill was committed.
I was temporarily out of the Chamber attending a Senate Judiciary Committee meeting when the House voted on H. 3797. If I had been present, I would have voted to commit the Bill to the Ways and Means Committee.
Rep. Laurie Slade Funderburk
The following Bill was taken up:
H. 4592 (Word version) -- Reps. Littlejohn, Cobb-Hunter, Leach, Mahaffey, M. A. Pitts, Scarborough, Umphlett, Cotty and Neilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-55 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON WHO HOLDS A BEGINNER'S PERMIT, CONDITIONAL DRIVER'S LICENSE, OR A SPECIAL RESTRICTED DRIVER'S LICENSE TO OPERATE A MOTOR VEHICLE WHILE USING A CELLULAR TELEPHONE OR ANOTHER WIRELESS COMMUNICATIONS DEVICE, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS PROVISION.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\5525CM08):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Article 1, Chapter 1, Title 56 of the 1976 Code is amended by adding:
"Section 56-1-55. (A) Except as provided in subsection (B), it is unlawful for a person who holds a beginner's permit, conditional driver's license, or a special restricted driver's license to operate a motor vehicle while using a cellular telephone or another wireless communications device when the vehicle is in motion. It is not a violation of this section if the person is using a hands-free communication device.
(B) Subsection (A) does not apply when a cellular telephone or another wireless communications device is used to report illegal activity, summons medical or other emergency help, or prevent injury to a person or property.
(C) A person who violates subsection (A) of this provision is guilty of a misdemeanor and, upon conviction, must be punished as follows:
(1) first offense, must have his driver's license suspended for thirty days;
(2) second offense, must have his driver's license suspended for six months; and
(3) third offense, must have his driver's license suspended for one year."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. MILLER explained the amendment.
Rep. MILLER spoke in favor of the amendment.
Rep. MCLEOD moved to adjourn debate on the Bill, which was agreed to by a division vote of 35 to 23.
The following Bill was taken up:
H. 4758 (Word version) -- Reps. Erickson, Bedingfield, Ballentine, Pinson, Bannister, Herbkersman, E. H. Pitts, Sellers, Taylor, Young and Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-425 SO AS TO PROVIDE THAT ANY HIGH SCHOOL STUDENT WHO IS THE VICTIM OF PHYSICAL ABUSE, HARASSMENT, OR STALKING BY A CLASSMATE DURING SCHOOL HOURS OR OTHERWISE RESULTING IN A RESTRAINING ORDER BEING GRANTED AGAINST THE CLASSMATE BY A COURT OF COMPETENT JURISDICTION MAY TRANSFER WITH THE CONSENT OF THE STUDENT'S SCHOOL DISTRICT TO ANOTHER HIGH SCHOOL WITHIN OR OUT OF THE DISTRICT, WITHOUT ANY LOSS OF ELIGIBILITY TO PARTICIPATE IN INTERSCHOLASTIC ACTIVITIES AT THE SCHOOL TO WHICH THE STUDENT TRANSFERS.
Rep. KENNEDY moved to adjourn debate on the Bill until Thursday, May 1.
Rep. HAYES moved to table the motion, which was agreed to by a division vote of 43 to 20.
Rep. KENNEDY moved to recommit the Bill to the Committee on Education and Public Works.
Rep. HAYES moved to table the motion, which was agreed to by a division vote of 62 to 9.
Reps. HAYES, ANTHONY and ERICKSON proposed the following Amendment No. 1 (Doc Name COUNCIL\DT\27197BB08), which was adopted:
Amend the bill, as and if amended, Section 59-63-425, as contained in SECTION 1, page 1, lines 31-38, by deleting the section in its entirety and inserting:
/ "Section 59-63-425. A high school student who is the victim of physical abuse, harassment, or stalking by a classmate during school hours or otherwise resulting in a restraining order being granted against the classmate by a court of competent jurisdiction may transfer with the consent of the student's school district to another high school within or out of the district within thirty school days of the restraining order being violated, without any loss of eligibility to participate in interscholastic activities at the school to which the student transfers."/
Renumber sections to conform.
Amend title to conform.
Rep. HAYES explained the amendment.
The amendment was then adopted.
Rep. KENNEDY spoke against the Bill.
The SPEAKER granted Rep. JENNINGS a leave of absence for the remainder of the day due to returning to his district to speak at a banquet of the S.C. Association of Community Development Corporations.
Rep. KENNEDY continued speaking.
Rep. KENNEDY moved to continue the Bill.
Rep. SIMRILL demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Branham Breeland G. Brown Hart Harvin Jefferson Kelly Kennedy Kirsh Mack McLeod Perry Stewart Whipper Williams
Those who voted in the negative are:
Agnew Allen Bales Ballentine Bannister Barfield Bedingfield Bingham Bowen Bowers Brady Brantley Cato Chalk Clemmons Clyburn Cooper Cotty Crawford Daning Dantzler Davenport Delleney Duncan Erickson Frye Gambrell Govan Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Hayes Herbkersman Hiott Hodges Hosey Howard Huggins Hutson Knight Leach Limehouse Littlejohn Loftis Lowe Lucas Mahaffey Merrill Moss J. H. Neal J. M. Neal Neilson Ott Owens Pinson M. A. Pitts Rice Rutherford Sandifer Scarborough Sellers Shoopman Simrill Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Spires Stavrinakis Talley Thompson Toole Umphlett Vick Walker Weeks White Whitmire Young
So, the House refused to continue the Bill.
Rep. SELLERS proposed the following Amendment No. 3 (Doc Name COUNCIL\NBD\12296AC08), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. Article 5, Chapter 63, Title 59 of the 1976 Code is amended by adding:
"Section 59-63-75. Notwithstanding any other provision of law, any school that participates in a sport under the jurisdiction of the South Carolina High School League agrees to comply with and submit to rules and regulations adopted by the General Assembly for the governance of theses matters."/
Renumber sections to conform.
Amend title to conform.
Rep. SELLERS explained the amendment.
Rep. WHITMIRE spoke against the amendment.
Rep. HAYES spoke against the amendment.
Rep. KENNEDY moved that the House do now adjourn, which was not agreed to.
Rep. SELLERS spoke in favor of the amendment.
Rep. WHITMIRE moved to table the amendment.
The amendment was then tabled by a division vote of 74 to 11.
Rep. MCLEOD 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:
Allen Bales Ballentine Bannister Barfield Bedingfield Bingham Bowen Brady Brantley Cato Chalk Clemmons Clyburn Cooper Cotty Daning Dantzler Davenport Delleney Edge Erickson Frye Gambrell Govan Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Hayes Herbkersman Hodges Howard Huggins Hutson Knight Leach Limehouse Loftis Lowe Lucas Merrill Miller J. H. Neal J. M. Neal Neilson Owens Parks Pinson E. H. Pitts Rutherford Scarborough Scott Shoopman Simrill D. C. Smith G. R. Smith J. R. Smith W. D. Smith Spires Stavrinakis Toole Umphlett Vick Walker Weeks Whitmire Young
Those who voted in the negative are:
Agnew Alexander Anderson Bowers Branham Breeland G. Brown R. Brown Duncan Funderburk Hart Harvin Hiott Hosey Jefferson Kelly Kennedy Kirsh Littlejohn Mack Mahaffey McLeod Moss Ott Perry M. A. Pitts Rice G. M. Smith Stewart Talley Thompson Whipper White Williams
So, the Bill, as amended, was read the second time and ordered to third reading.
I was temporarily out of the Chamber attending a Senate Judiciary Committee meeting when the House voted on H. 4758. If I had been present, I would have voted to continue the Bill.
Rep. Laurie Slade Funderburk
Rep. HAGOOD moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 4258 (Word version) -- Reps. Witherspoon, Barfield, Clemmons, Edge, Leach and Hardwick: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF THE STATE FARM TO MARKET ROAD #31 IN HORRY COUNTY, FROM ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 905 TO THE TOWN OF LORIS, THE "SERGEANT HENRY ODELL STALVEY, JR. MEMORIAL ROAD" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS ROAD THAT CONTAIN THE WORDS "SERGEANT HENRY ODELL STALVEY, JR. MEMORIAL ROAD".
H. 5048 (Word version) -- Rep. Phillips: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MAY 21, 2008, IMMEDIATELY FOLLOWING THE ELECTION OF SUCCESSORS TO CERTAIN JUDGES OF THE COURT OF APPEALS AND A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, 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 MEMBERS OF THE BOARDS OF TRUSTEES OF THE COLLEGE OF CHARLESTON, COASTAL CAROLINA UNIVERSITY, FRANCIS MARION UNIVERSITY, THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, SOUTH CAROLINA STATE UNIVERSITY, THE UNIVERSITY OF SOUTH CAROLINA, AND THE WIL LOU GRAY OPPORTUNITY SCHOOL TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 2008, OR WHOSE POSITIONS OTHERWISE MUST BE FILLED; AND TO ESTABLISH A PROCEDURE REGARDING NOMINATIONS AND SECONDING SPEECHES FOR THE CANDIDATES FOR THESE OFFICES DURING THE JOINT SESSION.
H. 5093 (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 THE W. J. KEENAN HIGH SCHOOL GIRLS BASKETBALL TEAM OF RICHLAND COUNTY FOR A SUCCESSFUL SEASON, AND TO CONGRATULATE THE PLAYERS AND COACHES FOR CAPTURING THE 2008 CLASS AA STATE CHAMPIONSHIP TITLE.
H. 5095 (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 HONOR MRS. REBECCA WAY GADSON OF RICHLAND COUNTY ON THE OCCASION OF MOTHER'S DAY, AND TO WISH HER A JOYOUS CELEBRATION AND MANY MORE YEARS OF HEALTH AND HAPPINESS.
H. 5096 (Word version) -- Rep. Agnew: A CONCURRENT RESOLUTION TO CELEBRATE THE OCCASION OF THE TWO HUNDRED FIFTIETH ANNIVERSARY OF THE CITY OF ABBEVILLE AND TO CONGRATULATE AND COMMEND MAYOR HAROLD E. MCNEILL AND THE CITIZENS OF ABBEVILLE FOR TWO AND A HALF CENTURIES OF SHOWCASING BOTH THE BEAUTY AND PROGRESS OF THIS GREAT SOUTH CAROLINA CITY.
At 5:22 p.m. the House, in accordance with the motion of Rep. SKELTON, adjourned in memory of Dr. William H. Hunter, M.D. of Clemson, to meet at 10:00 a.m. tomorrow.
This web page was last updated on Monday, June 22, 2009 at 12:03 P.M.