Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:
Our thought for today is from Psalm 66:20: "Blessed be God, because He has not rejected my prayer or removed His steadfast love from me."
Let us pray. Loving God, give us strength for the day, as these women and men strive to do the right thing, the prudent thing. Open our eyes and hearts to listen to Your voice. Support, care, and give insight to Your people. Help us, O Lord, that our petitions seem reasonable and worthy. Bless our Nation, President, State, Governor, Speaker, staff, and all who support our leaders. Protect our defenders of freedom as they protect us. Heal the wounds of our brave warriors, those seen and those unseen. Hear our prayer, O Lord. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. ANDERSON moved that when the House adjourns, it adjourn in memory of Reverend Thomas Sidney Lance of Georgetown, which was agreed to.
Rep. HOWARD, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:
S. 295 (Word version) -- Senators Hutto, Fair, Jackson, Rankin and Ford: A JOINT RESOLUTION TO CREATE THE SOUTH CAROLINA SUMMER CAMP STUDY COMMITTEE TO STUDY THE SUMMER CAMPS IN THE STATE AND MAKE RECOMMENDATIONS TO THE LEGISLATURE RELATED TO LICENSING AND REGULATION OF SUMMER CAMPS, PROVIDE FOR THE MEMBERSHIP AND METHOD OF APPOINTMENT FOR THE MEMBERSHIP, PROVIDE FOR THE DUTIES OF THE STUDY COMMITTEE, PROVIDE FOR THE STAFFING OF THE STUDY COMMITTEE, AND TO DISSOLVE THE STUDY COMMITTEE AFTER A REPORT OF ITS FINDINGS IS PROVIDED TO THE LEGISLATURE AND THE GOVERNOR.
Ordered for consideration tomorrow.
Rep. HOWARD, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:
S. 588 (Word version) -- Senators Jackson, Hayes, O'Dell, Rose, Ford and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING THE "STROKE PREVENTION ACT OF 2011" BY ADDING ARTICLE 6 TO CHAPTER 61, TITLE 44 SO AS TO ESTABLISH A STATEWIDE SYSTEM OF STROKE CARE, WHICH REQUIRES THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO RECOGNIZE AND DESIGNATE HOSPITALS THAT ARE CERTIFIED TO BE PRIMARY STROKE CENTERS AND ACUTE STROKE CAPABLE CENTERS, TO DISTRIBUTE A LIST OF PRIMARY STROKE CENTERS AND ACUTE STROKE CAPABLE CENTERS TO EACH EMERGENCY MEDICAL SERVICES PROVIDER AND TO POST THIS LIST ON ITS WEBSITE, TO ADOPT AND DISTRIBUTE A NATIONALLY STANDARDIZED STROKE-TRIAGE ASSESSMENT TOOL TO EACH EMERGENCY MEDICAL SERVICES PROVIDER, TO ESTABLISH PRE-HOSPITAL CARE PROTOCOLS FOR THE CARE AND TRANSPORT OF STROKE PATIENTS BY EMERGENCY MEDICAL SERVICE PROVIDERS, TO ESTABLISH A STROKE REGISTRY TASK FORCE TO ANALYZE AND IMPROVE STROKE CARE IN THIS STATE, AND TO ENSURE CONFIDENTIALITY IN SHARING HEALTH CARE INFORMATION; AND TO PROVIDE THAT THE DEPARTMENT'S RESPONSIBILITIES PURSUANT TO THIS ARTICLE ARE CONTINGENT UPON ADEQUATE FUNDING.
Ordered for consideration tomorrow.
Rep. HOWARD, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report on:
S. 687 (Word version) -- Senators Scott, Knotts and Ford: A BILL TO AMEND SECTION 43-7-460, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RECOVERY OF FUNDS FROM ESTATES OF PERSONS WHO RECEIVED MEDICAID, SO AS TO SUBSTITUTE "PERSONS WITH INTELLECTUAL DISABILITY" FOR "THE MENTALLY RETARDED"; TO AMENDED SECTION 44-7-130, AS AMENDED, RELATING TO THE DEFINITION OF TERMS USED IN THE STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT, SO AS TO SUBSTITUTE, IN RELEVANT DEFINITIONS, "PERSONS WITH INTELLECTUAL DISABILITY" FOR "THE MENTALLY RETARDED"; TO AMEND SECTION 44-7-260, AS AMENDED, RELATING TO HEALTH FACILITY LICENSURE REQUIREMENTS, SO AS TO SUBSTITUTE "PERSONS WITH INTELLECTUAL DISABILITY" FOR "MENTALLY RETARDED"; TO AMEND SECTION 44-7-315, AS AMENDED, RELATING TO DISCLOSURE OF INFORMATION OBTAINED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL REGARDING HEALTH CARE FACILITIES, SO AS TO SUBSTITUTE "PERSONS WITH INTELLECTUAL DISABILITY" FOR "THE MENTALLY RETARDED" TO AMEND SECTION 44-7-320, AS AMENDED, RELATING TO THE DENIAL, REVOCATION, OR SUSPENSION OF A HEALTH FACILITY LICENSE, SO AS TO SUBSTITUTE "PERSONS WITH INTELLECTUAL DISABILITY" FOR "THE MENTALLY RETARDED"; TO AMEND CHAPTER 20, TITLE 44, RELATING TO THE SOUTH CAROLINA MENTAL RETARDATION, RELATED DISABILITIES, HEAD INJURIES, AND SPINAL CORD INJURIES ACT, INCLUDING THE CREATION, GOVERNANCE, AND OPERATION OF THE SOUTH CAROLINA DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS, CHAPTER 21, TITLE 44, RELATING TO THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS FAMILY SUPPORT SERVICES, SECTION 44-23-10, AND ARTICLES 3 AND 5 OF CHAPTER 23, TITLE 44, RELATING TO PROVISIONS APPLICABLE TO BOTH MENTALLY ILL AND MENTALLY RETARDED PERSONS, CHAPTER 26, TITLE 44, RELATING TO THE RIGHTS OF MENTAL RETARDATION CLIENTS, ALL SO AS TO CHANGE THE TERM "MENTAL RETARDATION" TO "INTELLECTUAL DISABILITY" AND THE TERM "MENTALLY RETARDED" TO "PERSON WITH INTELLECTUAL DISABILITY"; TO PROVIDE THAT THE TERMS "INTELLECTUAL DISABILITY" AND "PERSON WITH INTELLECTUAL DISABILITY" HAVE REPLACED AND HAVE THE SAME MEANINGS AS THE FORMER TERMS "MENTAL RETARDATION" AND "MENTALLY RETARDED"; AND TO DIRECT STATE AGENCIES, BOARDS, COMMITTEES, AND COMMISSIONS AND POLITICAL SUBDIVISIONS OF THE STATE AND THE CODE COMMISSIONER TO SUBSTITUTE THE TERM "INTELLECTUAL DISABILITY" FOR "MENTAL RETARDATION" AND THE TERM "PERSON WITH INTELLECTUAL DISABILITY" FOR "MENTALLY RETARDED" IN RULES, REGULATIONS, POLICIES, PROCEDURES, STATUTES, ORDINANCES, AND PUBLICATIONS WHEN THESE RULES, REGULATIONS, POLICIES, PROCEDURES, STATUTES, ORDINANCES, OR PUBLICATIONS ARE AMENDED, REVISED, OR REPUBLISHED.
Ordered for consideration tomorrow.
Rep. HOWARD, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report on:
S. 494 (Word version) -- Senators Cleary, Bryant, Cromer and Ford: A BILL TO AMEND SECTION 40-15-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM CHAPTER 15 OF TITLE 40 REGULATING DENTISTS AND DENTAL HYGIENISTS, SO AS TO FURTHER SPECIFY THE SCOPE OF ACTIVITIES OF INTERNS AND RESIDENTS WHO ARE EXEMPT FROM LICENSURE; AND TO AMEND SECTION 40-15-360, RELATING TO THE AUTHORIZATION OF PHARMACISTS TO FILL PRESCRIPTIONS FOR DENTISTS, SO AS TO EXTEND THIS AUTHORIZATION TO INTERNS AND RESIDENTS UNDER CERTAIN CONDITIONS.
Ordered for consideration tomorrow.
Rep. HOWARD, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:
S. 241 (Word version) -- Senators Rose and Leventis: A JOINT RESOLUTION TO CREATE THE SOUTH CAROLINA DYSLEXIA TASK FORCE, TO PROVIDE FOR THE COMPOSITION OF THE TASK FORCE, AND TO PROVIDE THAT THE TASK FORCE SHALL REPORT ITS FINDINGS TO THE GENERAL ASSEMBLY.
Ordered for consideration tomorrow.
The following was introduced:
H. 4225 (Word version) -- Reps. Ballentine, Cobb-Hunter, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Atwater, Bales, Bannister, Barfield, Battle, Bedingfield, Bikas, Bingham, Bowen, Bowers, Brady, Branham, Brannon, Brantley, G. A. Brown, H. B. Brown, R. L. Brown, Butler Garrick, Chumley, Clemmons, Clyburn, Cole, Cooper, Corbin, Crawford, Crosby, Daning, Delleney, Dillard, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Gilliard, Govan, Hamilton, Hardwick, Harrell, Harrison, Hart, Hayes, Hearn, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parker, Parks, Patrick, Pinson, Pitts, Pope, Quinn, Rutherford, Ryan, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Tribble, Umphlett, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams, Willis and Young: A CONCURRENT RESOLUTION TO SUPPORT ALL EFFORTS OF THE STEWARDS OF DECEASED AMERICAN INDIANS TO RETURN THE REMAINS OF THESE INDIVIDUALS TO THEIR DESCENDANTS AS QUICKLY AS POSSIBLE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4226 (Word version) -- Reps. Owens, Whitmire, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bikas, Bingham, Bowen, Bowers, Brady, Branham, Brannon, Brantley, G. A. Brown, H. B. Brown, R. L. Brown, Butler Garrick, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, Cooper, Corbin, Crawford, Crosby, Daning, Delleney, Dillard, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Gilliard, Govan, Hamilton, Hardwick, Harrell, Harrison, Hart, Hayes, Hearn, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Parker, Parks, Patrick, Pinson, Pitts, Pope, Quinn, Rutherford, Ryan, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Tribble, Umphlett, Vick, Viers, Weeks, Whipper, White, Williams, Willis and Young: A CONCURRENT RESOLUTION TO COMMEND ELIZABETH "BETH" BYARS HRAY OF RICHLAND COUNTY FOR HER OUTSTANDING SERVICE TO THE SOUTH CAROLINA GENERAL ASSEMBLY AND THE LEGISLATIVE COUNCIL, AND TO EXTEND BEST WISHES TO HER IN ALL HER FUTURE ENDEAVORS.
Whereas, a 2004 summa cum laude graduate of Wofford College, Ms. Hray received her juris doctor degree from the University of South Carolina School of Law in 2007; and
Whereas, the Phi Beta Kappa standout held a number of leadership positions and was the recipient of numerous awards during her Wofford career. She was a Frank F. Roberts Scholar, South Carolina Independent Colleges and Universities Sterling Lee Smith Scholar, Wofford Ambassador and feature editor of the Old Gold & Black student newspaper, and member of the Blue Key National Honor Fraternity and Sigma Tau Delta English Honor Society. She served as President of Zeta Tau Alpha Sorority and of the Pan-Hellenic Council. She was a member of the Senior Order of the Gnomes and a recipient of the prestigious "Heart of a Terrier" Leadership Award and the Mary Mildred Sullivan Award; and
Whereas, she began her service to the State as a law clerk to the Legislative Council, quickly distinguishing herself with outstanding skills in research and resolution drafting; and
Whereas, upon her graduation from law school, she became an attorney with the Legislative Council where she ably handled all types of legislation but particularly the complex areas of education, banking, and consumer law; and
Whereas, during her service with the Legislative Council, she also volunteered her services as a guardian ad litem and worked diligently to protect some of the State's most vulnerable citizens. Beth is also an active member of the Junior League of Columbia; and
Whereas, this bright young attorney with a strong work ethic and determination to go above and beyond what was required of her developed quite a reputation for excellence in her field not just with her fellow attorneys and coworkers but also with House and Senate committee staffers and with the members themselves; and
Whereas, it was not unusual to find Beth at a committee meeting lending her expertise on such matters as charter schools or education financing. Beyond bill drafting, she lent her aid to members of the General Assembly who valued her policy advice as well. Indeed, the members of the "Beth Caucus" undoubtedly will be bereft upon her departure; and
Whereas, together with her dear husband, Dr. Trevor Hray, and their beloved if high maintenance cat, Tobias, Beth will be taking her considerable talents and legal expertise with her as she embarks on yet a new challenge in Jacksonville, Florida; and
Whereas, her work ethic and her many and varied contributions to the General Assembly and the Legislative Council are to be commended and will not soon be forgotten; however, she is not just a dedicated public servant but also a devoted servant of God. A member of St. John's Episcopal Church, Beth sets a fine example of a young Christian woman to all who are privileged to know her; and
Whereas, this personable young woman, and founder of "Bethfest," will be greatly missed at the Legislative Council but will be remembered for her dedication to her profession and her most generous heart; and
Whereas, the members and staff of the General Assembly and the Legislative Council express their sincere gratitude to Ms. Hray for her hard work and the professionalism with which she did the work of the General Assembly and wish her great success and enjoyment of sunny Florida skies. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina commend Elizabeth "Beth" Byars Hray of Richland County for her outstanding service to the South Carolina General Assembly and the Legislative Council, and extend best wishes to her in all her future endeavors.
Be it further resolved that a copy of this resolution be presented to Elizabeth "Beth" Byars Hray of Richland County.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows:
Agnew Allen Allison Anderson Anthony Atwater Bales Ballentine Bannister Barfield Battle Bedingfield Bingham Bowen Bowers Brady Branham Brannon G. A. Brown H. B. Brown R. L. Brown Chumley Clemmons Clyburn Cobb-Hunter Cole Cooper Corbin Crosby Delleney Dillard Edge Erickson Forrester Frye Funderburk Gilliard Hamilton Hardwick Harrell Harrison Hart Hayes Hearn Henderson Herbkersman Hiott Hixon Hosey Howard Huggins Jefferson Johnson King Knight Loftis Long Lowe Lucas Mack McCoy McEachern Merrill D. C. Moss V. S. Moss Murphy Nanney J. M. Neal Neilson Norman Ott Owens Parker Parks Patrick Pope Quinn Rutherford Ryan Sabb Sandifer Sellers Skelton G. M. Smith G. R. Smith J. E. Smith J. R. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Toole Tribble Weeks Whipper White Williams Willis Young
I came in after the roll call and was present for the Session on Wednesday, May 18.
Curtis Brantley Mia Butler Garrick Mike Gambrell Walton McLeod Michael A. Pitts Anne Thayer William R. "Bill" Whitmire Joe Daning Kris Crawford Thad Viers Lewis E. Pinson H. B. "Chip" Limehouse Kevin F. Hodges Terry Alexander Jerry Govan Joseph Neal Harold Mitchell Eric Bikas Jenny A. Horne Gary Simrill Elizabeth Munnerlyn
The SPEAKER granted Rep. UMPHLETT a leave of absence for the day due to medical reasons.
The SPEAKER granted Rep. VICK a leave of absence for the day due to attending Military Command and General Staff College in Fort Dix, New Jersey.
Rep. J. E. SMITH signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, May 17.
Announcement was made that Dr. Sharon Eden of Columbia was the Doctor of the Day for the General Assembly.
Reps. MURPHY, KNIGHT, HORNE and HARRELL presented to the House the Pinewood Preparatory School "Panthers" Boys Varsity Golf Team, the 2011 South Carolina Independent School Association Class AAA Champions, their coaches and other school officials.
Reps. MURPHY, KNIGHT, HORNE and HARRELL presented to the House the Pinewood Preparatory School "Lady Panthers" Girls Varsity Golf Team, the 2011 South Carolina Independent School Association Class AAA Champions, their coaches and other school officials.
Reps. MURPHY, KNIGHT, HORNE and HARRELL presented to the House the Pinewood Preparatory School Girls Varsity Basketball Team, the 2010-2011 South Carolina Independent School Association Class AAA Champions, their coaches and other school officials.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 4214 (Word version)
Date: ADD:
05/18/11 GILLIARD
The following Bill was taken up:
S. 785 (Word version) -- Senator Land: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF FLORENCE COUNTY SCHOOL DISTRICT FOUR TO ISSUE GENERAL OBLIGATION BONDS OF THE SCHOOL DISTRICT WITHIN ITS CONSTITUTIONAL DEBT LIMIT, IN ONE OR MORE SERIES, IN A TOTAL AMOUNT NOT TO EXCEED TWO MILLION FIVE HUNDRED THOUSAND DOLLARS, TO DEFRAY THE LOSS OF EDUCATION FINANCE ACT FUNDS TO THE SCHOOL DISTRICT, TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSES FOR WHICH THE PROCEEDS MAY BE EXPENDED, AND TO MAKE PROVISION FOR THE PAYMENT OF THE BONDS.
Reps. WILLIAMS, BRANHAM, LOWE and CRAWFORD proposed the following Amendment No. 1 (COUNCIL\ AGM\19077BH11), which was adopted:
Amend the bill, as and if amended, by striking SECTION 14 in its entirety and inserting:
/ SECTION 14. The issuance of general obligation bonds as authorized by this act must be first approved by majority vote of the qualified electors of the school district in a referendum called for this purpose by the governing body of Florence County School District Four. The cost of the referendum must be paid by the school district. No approvals of any other public agency or entity to any action taken pursuant to the authorizations by this act is required. /
Amend the bill further, by adding an appropriately numbered SECTION to read:
/ SECTION ___. By January 1, 2012, the Boards of Trustees of Florence County School Districts 1 and 4 shall submit a joint plan to consolidate the administrative services of the districts to the legislative delegation of Florence County for its approval. Effective July 1, 2012, the administrative services of Florence County School Districts 1 and 4 must be consolidated according to the plan developed by the districts and approved by the legislative delegation. In their agreement to consolidate administrative services, the boards of trustees of the individual school districts shall agree to the manner in which the districts shall share in the pro rata cost of the consolidation of administrative services. Savings realized from the consolidation of administrative services shall accrue to the benefit of each district. For purposes of the section, "administrative services" includes, but is not limited to, food services, transportation, hiring and employment procedures, purchasing, design of curriculum, and fiscal responsibilities. /
Renumber sections to conform.
Amend title to conform.
Rep. LOWE explained the amendment.
The amendment was then adopted.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Agnew Bales Lowe Williams
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 speaking with hospital administrators during the vote on S. 785. If I had been present, I would have voted in favor of Amendment No. 1, and subsequently, the Bill.
Rep. Kris Crawford
The following Bill was taken up, read the third time, and ordered sent to the Senate:
H. 3921 (Word version) -- Rep. Hardwick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 12 TO TITLE 25 SO AS TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH THE UNCLAIMED CREMATED REMAINS OF A VETERAN MAY BE INTERRED WITHOUT LIABILITY TO THE FUNERAL DIRECTOR, UNDERTAKER, FUNERAL HOME, OR OTHERS INVOLVED IN THE INTERMENT.
The following Bill was taken up:
H. 4042 (Word version) -- Reps. Harrison, Brady, Pinson, H. B. Brown, Munnerlyn, Viers, Horne and Hardwick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-31 SO AS TO MAKE IT AN UNFAIR TRADE PRACTICE FOR A MOTOR VEHICLE GLASS REPAIR BUSINESS THAT ADMINISTERS INSURANCE CLAIMS FOR MOTOR VEHICLE GLASS REPAIRS TO HAVE AN INSURED'S GLASS REPAIR BUSINESS REFERRED TO ITSELF OR TO USE INFORMATION TO SOLICIT BUSINESS.
Rep. BRADY explained the Bill.
Reps. AGNEW, HIOTT, HAMILTON, TAYLOR, LOFTIS, HIXON, SANDIFER, BRADY, V. S. MOSS, GAMBRELL, J. R. SMITH and FRYE requested debate on the Bill.
The following Bill was taken up:
S. 693 (Word version) -- Senators Bryant and Bright: A BILL TO AMEND SECTION 23-9-70 OF THE 1976 CODE, RELATING TO ORDER AND APPEALS FROM A STATE FIRE MARSHAL, TO INCREASE THE AMOUNT OF TIME THAT AN OCCUPANT OR OWNER MAY APPEAL THE DECISION OF A DEPUTY OR RESIDENT FIRE MARSHAL FROM TWENTY-FOUR HOURS TO FOURTEEN DAYS, AND TO PROVIDE THAT THE STATE FIRE MARSHAL'S DECISION MUST BE FILED WITHIN TEN DAYS OF RECEIVING THE NOTICE OF APPEAL.
Reps. OTT, SELLERS, COBB-HUNTER, KING, BRANTLEY, SANDIFER, JEFFERSON, WILLIAMS, J. R. SMITH, MACK and HOSEY requested debate on the Bill.
The following Bill was taken up:
S. 766 (Word version) -- Senators McConnell, Leatherman, Alexander, Anderson, Scott, Coleman, O'Dell, Verdin, L. Martin, Ford, Massey, Knotts, Grooms, Nicholson, Shoopman, Elliott and Setzler: A BILL TO AMEND SECTION 33-49-460, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISTRIBUTION OF EXCESS REVENUE TO SOUTH CAROLINA'S ELECTRIC COOPERATIVES' MEMBERS, SO AS TO ALLOW SOUTH CAROLINA ELECTRIC COOPERATIVES TO ADVOCATE ENERGY EFFICIENCY AND RENEWABLE ENERGY INITIATIVES IN THIS STATE AND TO PROVIDE CLARITY TO PATRONAGE CAPITAL PROCEDURES; TO AMEND SECTION 27-18-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS OF TERMS USED IN THE UNIFORM UNCLAIMED PROPERTY ACT, SO AS TO EXEMPT ELECTRIC COOPERATIVE PATRONAGE CAPITAL FROM THE UNIFORM UNCLAIMED PROPERTY ACT; AND TO AMEND SECTION 27-18-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY THAT IS PRESUMED ABANDONED PURSUANT TO THE UNIFORM UNCLAIMED PROPERTY ACT, SO AS TO REMOVE ELECTRIC COOPERATIVE PATRONAGE CAPITAL FROM THE STATUTE.
Rep. GAMBRELL explained the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Agnew Allen Allison Anderson Anthony Atwater Bales Ballentine Bannister Barfield Battle Bedingfield Bingham Bowen Bowers Brady Branham Brannon Brantley H. B. Brown R. L. Brown Butler Garrick Chumley Clemmons Clyburn Cobb-Hunter Cole Corbin Crawford Crosby Daning Delleney Dillard Edge Erickson Forrester Frye Funderburk Gambrell Gilliard Govan Hamilton Hardwick Harrison Hart Hayes Hearn Henderson Herbkersman Hiott Hixon Hodges Hosey Howard Huggins Jefferson Johnson King Knight Limehouse Loftis Long Lowe Lucas Mack McCoy McEachern McLeod Merrill D. C. Moss V. S. Moss Murphy Nanney Neilson Norman Ott Owens Parker Patrick Pitts Pope Quinn Ryan Sabb Sandifer Sellers Simrill Skelton G. M. Smith G. R. Smith J. E. Smith J. R. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Toole Tribble Viers Whipper White Whitmire Williams Willis Young
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3055 (Word version) -- Rep. Huggins: A BILL TO AMEND SECTION 12-60-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FAILURE OF A TAXPAYER TO MAKE A REPORT OR FILE A RETURN REQUIRED BY LAW OR A TAXPAYER WHO FILES A FRIVOLOUS RETURN, SO AS TO FURTHER PROVIDE FOR THE INFORMATION THE DEPARTMENT MUST CONSIDER WHEN MAKING AN ESTIMATE OF THE TAX LIABILITY OF THE TAXPAYER UNDER THESE CIRCUMSTANCES.
Rep. HUGGINS explained the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Agnew Allen Allison Anderson Anthony Atwater Bales Ballentine Bannister Barfield Battle Bedingfield Bingham Bowen Bowers Brady Branham Brannon Brantley H. B. Brown R. L. Brown Butler Garrick Chumley Clemmons Clyburn Cobb-Hunter Cole Cooper Corbin Crawford Crosby Daning Delleney Dillard Edge Erickson Forrester Frye Funderburk Gambrell Gilliard Govan Hamilton Hardwick Harrell Hart Hearn Henderson Herbkersman Hixon Hodges Hosey Howard Huggins Jefferson Johnson King Knight Limehouse Loftis Long Lowe Lucas Mack McCoy McEachern McLeod Merrill Mitchell D. C. Moss V. S. Moss Murphy Nanney J. H. Neal J. M. Neal Norman Ott Owens Parker Patrick Pinson Pitts Pope Quinn Rutherford Ryan Sabb Sandifer Simrill Skelton G. M. Smith G. R. Smith J. E. Smith J. R. Smith Sottile Spires Stringer Taylor Tribble Viers Whipper White Whitmire Williams Willis Young
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3630 (Word version) -- Reps. Bedingfield, Loftis, Hardwick and McLeod: A BILL TO AMEND SECTION 61-4-720, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF WINE BY A LICENSED WINERY LOCATED IN SOUTH CAROLINA, SO AS TO ELIMINATE THE REQUIREMENT THAT A MAJORITY OF THE JUICE USED IN THE WINE BE DERIVED FROM FRUIT OR BERRIES GROWN IN THIS STATE; AND TO AMEND SECTION 61-4-730, RELATING TO THE SALE OF WINE BY PERMITTED WINERIES, SO AS TO ELIMINATE THE REQUIREMENT THAT A MAJORITY OF THE JUICE USED IN THE WINE BE DERIVED FROM FRUIT OR BERRIES GROWN IN THIS STATE.
Rep. BEDINGFIELD proposed the following Amendment No. 1 (COUNCIL\BBM\10251HTC11), which was adopted:
Amend the bill, as and if amended, by striking Section 61-4-730 as contained in SECTION 2, beginning on page 2, and inserting:
/ Section 61-4-730. Permitted wineries which produce and sell wine produced on its premises with a majority of the juice from fruit and berries which are grown in this State may sell the wine at retail at its winery, wholesale, or both, and deliver or ship the wine to the purchaser consumer homes in the this State, pursuant to Section 61-4-747. Wine must be delivered between 7:00 a.m. and 7:00 p.m. /
Renumber sections to conform.
Amend title to conform.
Rep. BEDINGFIELD explained the amendment.
The amendment was then adopted.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Agnew Allen Allison Anderson Anthony Atwater Bales Ballentine Bannister Battle Bedingfield Bingham Bowen Bowers Brady Brannon Brantley H. B. Brown R. L. Brown Butler Garrick Chumley Clemmons Clyburn Cobb-Hunter Cole Cooper Crawford Crosby Daning Delleney Dillard Edge Erickson Forrester Frye Funderburk Gambrell Govan Hamilton Hardwick Harrell Harrison Hart Hayes Hearn Henderson Herbkersman Hiott Hixon Hodges Hosey Howard Huggins Jefferson Johnson Limehouse Loftis Long Lowe Lucas McCoy McEachern McLeod Merrill Mitchell D. C. Moss V. S. Moss Murphy Nanney J. H. Neal J. M. Neal Neilson Norman Owens Parker Parks Patrick Pinson Pitts Pope Quinn Sandifer Sellers Simrill Skelton G. M. Smith G. R. Smith J. E. Smith J. R. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Toole Tribble Viers White Whitmire Williams Young
Those who voted in the negative are:
Barfield
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. TAYLOR moved to adjourn debate upon the following Bill until Thursday, May 19, which was adopted:
S. 831 (Word version) -- Senators Massey and Ryberg: A BILL TO AMEND SECTION 22-2-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAGISTRATES' JURY AREAS, SO AS TO PROVIDE FOR REVISED JURY AREAS AND THE LOCATION OF THE MAGISTRATES' OFFICES AND TO REPEAL ACT 79 OF 1977 AND ACT 758 OF 1988 RELATING TO MAGISTRATES IN AIKEN COUNTY.
The following Bill was taken up:
H. 3407 (Word version) -- Reps. Herbkersman, Owens, Quinn, Simrill, Stringer, Bedingfield, Barfield, Bowen, Clemmons, Corbin, Delleney, Hamilton, Hardwick, Harrison, Henderson, Hixon, Limehouse, Loftis, Long, Lowe, McCoy, D. C. Moss, Murphy, Nanney, Patrick, Pitts, Ryan, G. M. Smith, G. R. Smith, J. R. Smith, Sottile, Taylor, Viers, Crawford, Spires, Tribble, Lucas and Brantley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "EDUCATIONAL OPPORTUNITY ACT" BY ADDING ARTICLE 6 TO CHAPTER 63, TITLE 59 SO AS TO PROVIDE THAT A QUALIFYING STUDENT IS ELIGIBLE TO RECEIVE A SCHOLARSHIP TO ATTEND AN INDEPENDENT SCHOOL IF HE MEETS CERTAIN CONDITIONS, AND TO PROVIDE THE VALUE OF THOSE SCHOLARSHIPS; TO ALLOW A TAX CREDIT TO BE TAKEN BY A PERSON WHO FILES STATE INCOME TAX FOR TUITION PAID FOR A QUALIFYING STUDENT TO ATTEND AN INDEPENDENT SCHOOL UPON CERTAIN CONDITIONS, TO PROVIDE THE VALUE OF THE TAX CREDIT, TO PROVIDE THAT THE TAX CREDIT MAY BE TAKEN IN FUTURE YEARS UPON CERTAIN CONDITIONS, TO REQUIRE A RECEIPT TO CLAIM THE TAX CREDIT, AND TO PROVIDE THAT A TAX CREDIT MAY NOT BE TAKEN IF THE STUDENT'S ENROLLMENT IN THE INDEPENDENT SCHOOL IS TERMINATED; TO REQUIRE THE STATE BUDGET AND CONTROL BOARD TO CALCULATE THE SAVINGS TO THE STATE GENERAL FUND DERIVED FROM THE PROVISIONS OF THIS ARTICLE, TO PROVIDE THE MECHANISM FOR THAT CALCULATION, TO PROVIDE FOR TAX CREDITS TO BE TAKEN FOR TUITION PAID FOR OTHER STUDENTS TO ATTEND INDEPENDENT SCHOOLS, AND TO PROVIDE FOR THE TOTAL AND INDIVIDUAL AMOUNTS OF THOSE TAX CREDITS; TO PROVIDE FOR A TAX CREDIT FOR A PERSON WHO TEACHES A QUALIFYING STUDENT AT HOME, AND TO PROVIDE THAT THE TAX CREDIT MAY BE TAKEN IN FUTURE YEARS UPON CERTAIN CONDITIONS; TO ALLOW A CORPORATION OR PERSON TO CLAIM A CREDIT AGAINST STATE INCOME TAX OR FRANCHISE FEES FOR A CONTRIBUTION MADE TO A STUDENT SCHOLARSHIP ORGANIZATION; TO PROVIDE DUTIES FOR INDEPENDENT SCHOOLS AND STUDENT SCHOLARSHIP ORGANIZATIONS WITH REGARD TO THIS ARTICLE; TO PROVIDE TESTING REQUIREMENTS; TO ALLOW THE DEPARTMENT OF REVENUE TO PROMULGATE NECESSARY REGULATIONS AND TO CONDUCT NECESSARY EXAMINATIONS AND INVESTIGATIONS; TO PROVIDE REPORTING REQUIREMENTS BY THE STATE BUDGET AND CONTROL BOARD AND THE LEGISLATIVE AUDIT COUNCIL; TO PROVIDE DUTIES OF THE EDUCATION OVERSIGHT COMMITTEE AND THE DEPARTMENT OF EDUCATION WITH REGARD TO THIS ARTICLE; TO PROVIDE THAT AN INDEPENDENT SCHOOL IS NOT AN AGENT OR ARM OF THE STATE OR FEDERAL GOVERNMENT WITH RESPECT TO THIS ARTICLE; TO PROVIDE THAT OTHER STATE AGENCIES MAY NOT REGULATE THE EDUCATIONAL PROGRAM OF AN INDEPENDENT SCHOOL; AND BY ADDING SECTION 12-6-3383 SO AS TO ALLOW AN INDIVIDUAL TO CLAIM AN INCOME TAX CREDIT PURSUANT TO THE PROVISIONS OF ARTICLE 6, CHAPTER 63, TITLE 59.
Rep. BRANNON 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. 4214 (Word version) -- Reps. Limehouse, Rutherford, Harrell and Gilliard: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-1-300 SO AS TO PROVIDE THAT A PRIVATE DETENTION HEALTH CARE FACILITY MUST NOT ADMIT AN OUT-OF-STATE INMATE FOR TREATMENT, UNLESS HIS ADMISSION TO THE FACILITY IS PURSUANT TO AN AGREEMENT ENTERED INTO BY THE DEPARTMENT OF CORRECTIONS AND AN OUT-OF-STATE CORRECTIONAL FACILITY, AND TO PROVIDE PENALTIES; AND BY ADDING SECTION 44-7-263 SO AS TO PROVIDE THAT A HEALTH CARE FACILITY THAT PROVIDES PSYCHIATRIC SERVICES AND RECEIVES MEDICAID, OR ANY OTHER FORM OF STATE FUNDS, MUST NOT ADMIT AN OUT-OF-STATE INMATE OR JUVENILE WHO HAS BEEN ADJUDICATED DELINQUENT FOR TREATMENT, AND TO PROVIDE SANCTIONS.
Rep. HIOTT 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. 4198 (Word version) -- Reps. Bingham, Cooper, White, Cobb-Hunter and Ott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-31-35 SO AS TO PROVIDE THAT FOR PURPOSES OF UNEMPLOYMENT COMPENSATION BENEFIT CONTRIBUTIONS REQUIRED OF EMPLOYERS, IF AN EMPLOYER HAS A POSITIVE FUND BALANCE FOR A PERIOD OF AT LEAST ONE YEAR IN ITS ACCOUNT, IT MAY NOT BE CLASSIFIED IN RATE CLASS 13 OR HIGHER AND TO PROVIDE THAT ALL NEW EMPLOYERS FOR PURPOSES OF UNEMPLOYMENT COMPENSATION BENEFIT CONTRIBUTIONS REQUIRED OF EMPLOYERS MUST BE CLASSIFIED IN RATE CLASS 12; BY ADDING SECTION 41-31-36 SO AS TO PROVIDE THAT NO NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM CODE 5613 EMPLOYER BASE RATE MAY BE LESS THAN THE RATE APPLICABLE FOR RATE CLASS THIRTEEN UNTIL THERE HAVE BEEN TWELVE CONSECUTIVE MONTHS OF COVERAGE AFTER FIRST BECOMING LIABLE FOR CONTRIBUTIONS; BY ADDING SECTION 41-31-41 SO AS TO PROVIDE THAT FOR CALENDAR YEARS 2011 AND 2012, RETROACTIVE TO JANUARY 2011, THE STATE SHALL REDUCE STATE UNEMPLOYMENT TAX BASE RATES FOR EMPLOYERS IN TIERS 13 THROUGH 20 BY A SPECIFIED PERCENT, TO PROVIDE THE METHOD TO BE USED TO FUND SUCH REDUCTIONS, AND TO ALSO PROVIDE FOR THE PREMIUMS TO BE PAID BY EMPLOYERS IN TIERS 1 THROUGH 12 FOR CALENDAR YEARS 2011 AND 2012; TO AMEND SECTION 41-31-45, RELATING TO ESTIMATES OF THE INCOME NECESSARY TO PAY UNEMPLOYMENT COMPENSATION BENEFITS DURING A CALENDAR YEAR WHEN THE STATE UNEMPLOYMENT INSURANCE TRUST FUND IS IN DEBT STATUS, SO AS TO PROVIDE THE MANNER IN WHICH SUCH ESTIMATES ARE DETERMINED FOR CALENDAR YEARS 2011 AND 2012, AND TO REVISE THE MANNER IN WHICH SUCH ESTIMATES ARE DETERMINED BEGINNING IN JANUARY 2013 AND THEREAFTER WHILE THE TRUST FUND IS IN DEBT STATUS; TO AMEND SECTION 41-31-50, RELATING TO THE MANNER IN WHICH EMPLOYER RATE COMPUTATIONS ARE DETERMINED, SO AS TO PROVIDE FOR THE DETERMINATION OF THE RATES NEEDED TO PAY BENEFITS FOR CALENDAR YEARS 2011 AND 2012, RETROACTIVE TO JANUARY 2011, NOT INCLUDING THE ACHIEVEMENT OF SOLVENCY TARGETS, TO FURTHER PROVIDE FOR THE DETERMINATION OF THE RATES NEEDED TO PAY BENEFITS AND ACHIEVE SOLVENCY TARGETS BEGINNING IN JANUARY 2013, AND TO PROVIDE FOR THE MANNER IN WHICH THE RATE FOR CLASS TWENTY MUST BE SET; BY ADDING SECTION 41-31-52 SO AS TO PROVIDE FOR THE MANNER IN WHICH BENEFITS FOR SEASONAL WORKERS SHALL BE DETERMINED, CALCULATED, AND PAID; TO AMEND SECTION 41-31-55, RELATING TO ADDITIONAL SURCHARGES WHEN THE STATE UNEMPLOYMENT INSURANCE TRUST FUND IS INSOLVENT, SO AS TO PROVIDE FOR WHAT PROVISIONS OF LAW THE STATE SHALL FOLLOW TO SET RATES FOR CLASS TWENTY BEGINNING IN JANUARY 2013 AND TO PROVIDE FOR CERTAIN CREDITS FOR EMPLOYERS IN TIERS 1 THROUGH 12; AND BY ADDING SECTION 41-31-65 SO AS TO PROVIDE THAT THE DEPARTMENT SHALL ALLOCATE ALL CREDITS DUE TO ANY EMPLOYER THAT HAS PAID IN EXCESS OF THEIR BALANCE DUE BY JULY 31, 2011.
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. WHITE moved to table the motion to reconsider the vote whereby the following Bill was rejected, which was agreed to:
S. 109 (Word version) -- Senator Verdin: A BILL TO AMEND TITLE 44 OF THE 1976 CODE, RELATING TO HEALTH, BY ADDING CHAPTER 137, TO ENACT THE "REFLEX SYMPATHETIC DYSTROPHY SYNDROME EDUCATION ACT", TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ESTABLISH AN EDUCATIONAL PROGRAM CONCERNING THE SYNDROME, TO PROVIDE FOR THE CONTENTS OF A PUBLIC AWARENESS PROGRAM, TO REQUIRE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL WORK WITH HEALTH CARE PROVIDERS AND OTHER PROFESSIONALS CONCERNING THE SYNDROME, TO ALLOW FOR PRIVATE FUNDING OF THE PROGRAM, AND TO DEFINE NECESSARY TERMS.
Rep. COBB-HUNTER asked unanimous consent to recall H. 3738 (Word version) from the Committee on Ways and Means.
Rep. BRANNON objected.
Rep. HART asked unanimous consent to recall H. 3539 (Word version) from the Committee on Ways and Means.
Rep. WHITE objected.
On motion of Rep. BANNISTER, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary:
S. 854 (Word version) -- Senator Malloy: A BILL TO AMEND SECTION 16-3-600 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ASSAULT AND BATTERY OFFENSES, SO AS TO SUBSTITUTE THE TERM "A PERSON" FOR THE TERM "AN ADULT".
On motion of Rep. OTT, with unanimous consent, the following Bill was ordered recalled from the Committee on Agriculture, Natural Resources and Environmental Affairs:
H. 4088 (Word version) -- Reps. Ott, Brantley, Hardwick, Cobb-Hunter, Crawford, Spires, Frye, Gilliard, Battle, Bales, J. H. Neal, Jefferson, Atwater, Brannon, Patrick, Anthony, Bowers, Branham, Clyburn, Hayes, Huggins, Long, Lowe, J. M. Neal and Toole: A BILL TO AMEND SECTION 14-1-207, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADDITIONAL ASSESSMENT FOR OFFENSES TRIED IN MAGISTRATES COURT, SO AS TO ADD VIOLATIONS OF TITLE 50 TO THE OFFENSES EXEMPT FROM THE ADDITIONAL ASSESSMENT.
The following Bill was taken up:
H. 3713 (Word version) -- Reps. Merrill, J. R. Smith, Ryan, Hamilton, G. R. Smith, Bedingfield, Barfield, Sandifer, McCoy, Horne, Stavrinakis, Clemmons, Loftis, Lucas, Herbkersman, Patrick, Erickson, G. M. Smith, Hixon, Pinson, Viers and Henderson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-3135 SO AS TO PROVIDE THAT WHEN A PARCEL OF REAL PROPERTY AND IMPROVEMENTS THEREON PREVIOUSLY SUBJECT TO PROPERTY TAX UNDERGOES AN ASSESSABLE TRANSFER OF INTEREST AND THE VALUE OF THE PARCEL AS DETERMINED AT THE TIME OF THE ASSESSABLE TRANSFER OF INTEREST IS GREATER THAN THE VALUE OF THE PARCEL USED IN THE PROPERTY TAX ASSESSMENT ON THE PARCEL FOR THE MOST RECENTLY COMPLETED PROPERTY TAX YEAR, THERE IS ALLOWED AN EXEMPTION OF AN AMOUNT OF THE FAIR MARKET VALUE OF THE PARCEL SUFFICIENT TO ELIMINATE ANY INCREASE IN THE VALUE OF THE PARCEL; TO AMEND SECTION 12-37-3140, AS AMENDED, RELATING TO DETERMINING FAIR MARKET VALUE, SO AS TO MAKE A CONFORMING CHANGE; AND TO AMEND SECTION 12-60-30, AS AMENDED, RELATING TO DEFINITIONS IN THE REVENUE PROCEDURES ACT, SO AS TO CLARIFY THE DEFINITION OF PROPERTY TAX ASSESSMENT.
Rep. SKELTON spoke against the Bill.
Rep. OTT spoke against the Bill.
Rep. TOOLE spoke against the Bill.
Rep. OTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Atwater Bales Ballentine Bannister Barfield Bedingfield Bikas Bingham Bowen Brady H. B. Brown Chumley Clemmons Cole Corbin Crawford Delleney Erickson Forrester Gambrell Hamilton Hardwick Harrell Harrison Hearn Henderson Herbkersman Hixon Huggins Limehouse Loftis Long Lowe Lucas McCoy Merrill D. C. Moss V. S. Moss Nanney Neilson Norman Owens Patrick Pinson Pitts Pope Quinn Ryan Sandifer Simrill G. M. Smith G. R. Smith J. R. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Viers White Whitmire Young
Those who voted in the negative are:
Agnew Allen Allison Anderson Anthony Battle Bowers Branham Brannon Brantley G. A. Brown R. L. Brown Butler Garrick Clyburn Cobb-Hunter Crosby Daning Frye Funderburk Gilliard Govan Hart Hayes Hiott Hodges Hosey Howard Jefferson Johnson King Knight Mack McEachern McLeod Mitchell J. H. Neal J. M. Neal Ott Parker Parks Rutherford Sabb Sellers Skelton J. E. Smith Toole Tribble Weeks Whipper Williams Willis
So, the Bill, as amended, was read the third time and ordered sent to the Senate.
Rep. MERRILL moved to reconsider the vote whereby the following Bill, as amended, was read third time and sent to the Senate:
H. 3713 (Word version) -- Reps. Merrill, J. R. Smith, Ryan, Hamilton, G. R. Smith, Bedingfield, Barfield, Sandifer, McCoy, Horne, Stavrinakis, Clemmons, Loftis, Lucas, Herbkersman, Patrick, Erickson, G. M. Smith, Hixon, Pinson, Viers and Henderson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-3135 SO AS TO PROVIDE THAT WHEN A PARCEL OF REAL PROPERTY AND IMPROVEMENTS THEREON PREVIOUSLY SUBJECT TO PROPERTY TAX UNDERGOES AN ASSESSABLE TRANSFER OF INTEREST AND THE VALUE OF THE PARCEL AS DETERMINED AT THE TIME OF THE ASSESSABLE TRANSFER OF INTEREST IS GREATER THAN THE VALUE OF THE PARCEL USED IN THE PROPERTY TAX ASSESSMENT ON THE PARCEL FOR THE MOST RECENTLY COMPLETED PROPERTY TAX YEAR, THERE IS ALLOWED AN EXEMPTION OF AN AMOUNT OF THE FAIR MARKET VALUE OF THE PARCEL SUFFICIENT TO ELIMINATE ANY INCREASE IN THE VALUE OF THE PARCEL; TO AMEND SECTION 12-37-3140, AS AMENDED, RELATING TO DETERMINING FAIR MARKET VALUE, SO AS TO MAKE A CONFORMING CHANGE; AND TO AMEND SECTION 12-60-30, AS AMENDED, RELATING TO DEFINITIONS IN THE REVENUE PROCEDURES ACT, SO AS TO CLARIFY THE DEFINITION OF PROPERTY TAX ASSESSMENT.
Rep. MERRILL moved to table the motion to reconsider, which was agreed to.
The motion period was dispensed with on motion of Rep. CLEMMONS.
Rep. PATRICK moved that the House recede until 2:15 p.m., which was agreed to.
At 2:15 p.m. the House resumed, Acting SPEAKER BIKAS in the Chair.
The question of a quorum was raised.
A quorum was later present.
Rep. HARRISON made a statement relative to reapportionment.
Rep. CLEMMONS moved to adjourn debate upon the following Bill until Thursday, May 19, which was adopted:
H. 3658 (Word version) -- Reps. Clemmons, Harrell, Loftis, Herbkersman, Merrill, Corbin, Norman, D. C. Moss, Quinn, Bowen, Forrester, McCoy, Lucas, Bedingfield, Hamilton, Bingham, Hardwick, Owens, Bikas, Parker, Cooper, Erickson, Frye, V. S. Moss, Long, G. R. Smith, Atwater, Huggins, Murphy, Hearn, Whitmire, Brannon, Chumley, Tallon, Taylor, Limehouse, Patrick, Crosby, Thayer, Sottile, Crawford, Allison, Ballentine, Barfield, Cole, Daning, Delleney, Edge, Gambrell, Harrison, Henderson, Hixon, Lowe, Nanney, Pinson, Pitts, Sandifer, Simrill, G. M. Smith, J. R. Smith, Toole, Willis, Horne, White and Viers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING THE "SOUTH CAROLINA EMPLOYER FREE SPEECH ACT" BY ADDING SECTION 41-7-110 SO AS TO PROVIDE THAT AN EMPLOYER IN THIS STATE IS NOT REQUIRED TO POST, PHYSICALLY, ELECTRONICALLY, OR OTHERWISE, NOTICES INFORMING EMPLOYEES OF THEIR RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT, COURT DECISIONS IMPLEMENTING THOSE RIGHTS, OR INFORMATION PERTAINING TO THE ENFORCEMENT OF THOSE RIGHTS, AND TO PROVIDE DEFINITIONS.
Rep. HERBKERSMAN moved to adjourn debate upon the following Bill until Tuesday, May 24, which was adopted:
H. 3788 (Word version) -- Rep. Herbkersman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 70 TO TITLE 12 SO AS TO ENACT THE "HERITAGE GOLF PRESERVATION ACT".
Rep. CLEMMONS moved to adjourn debate upon the following Bill until Thursday, May 19, which was adopted:
H. 3028 (Word version) -- Reps. Clemmons, Taylor, Clyburn and Long: A BILL TO AMEND SECTION 59-26-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INDUCTION, ANNUAL, AND CONTINUING CONTRACTS FOR TEACHERS, SO AS TO INCREASE THE INDUCTION CONTRACT PERIOD FROM ONE YEAR TO FIVE YEARS.
The following Bill was taken up:
H. 3498 (Word version) -- Reps. Herbkersman, Brannon, McCoy, Young, Taylor, Clemmons, Loftis and Sandifer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 70 TO CHAPTER 61, TITLE 38, TO DECLARE THAT THE COURTS OF SOUTH CAROLINA SHALL CONSIDER CERTAIN PUBLIC POLICY LIMITATIONS AND INTERPRETATIONS IN LANGUAGE IN PAST, PRESENT, AND FUTURE CONTRACTS ISSUED TO CONSTRUCTION PROFESSIONALS.
Rep. HERBKERSMAN moved to recommit the Bill to the Committee on Judiciary, which was agreed to.
Rep. SKELTON moved to adjourn debate upon the following Bill until Thursday, May 19, which was adopted:
H. 3164 (Word version) -- Reps. Young, G. R. Smith, Taylor, Forrester, Patrick, Bowers, Brannon and Clemmons: A BILL TO AMEND SECTION 56-1-176, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHOOL ATTENDANCE CONDITIONS ASSOCIATED WITH THE ISSUANCE OF CONDITIONAL AND SPECIAL RESTRICTED DRIVER'S LICENSES, SO AS TO PROVIDE THAT THESE AND ADDITIONAL CONDITIONS SHALL APPLY TO THE ISSUANCE OR REINSTATEMENT OF A BEGINNER'S PERMIT, CONDITIONAL DRIVER'S LICENSE, SPECIAL RESTRICTED DRIVER'S LICENSE, AND A REGULAR DRIVER'S LICENSE ISSUED TO A PERSON LESS THAN EIGHTEEN YEARS OF AGE; BY ADDING SECTION 56-1-177 SO AS TO PROVIDE THAT A MINOR'S PRIVILEGE TO DRIVE MUST BE SUSPENDED UNDER CERTAIN CIRCUMSTANCES; AND BY ADDING SECTION 56-1-46 SO AS TO PROVIDE A PENALTY FOR A PERSON WHO DRIVES A MOTOR VEHICLE WHEN HIS LICENSE TO DRIVE HAS BEEN SUSPENDED, CANCELLED, REVOKED, OR DENIED PURSUANT TO CERTAIN PROVISIONS.
Rep. PITTS moved to adjourn debate upon the following Bill until Thursday, May 19, which was adopted:
H. 3083 (Word version) -- Reps. Pitts, Daning, Toole, G. M. Smith, Clyburn, Bingham, J. R. Smith, Huggins, Young, Taylor, Long, H. B. Brown, Ryan, Whipper and R. L. Brown: A BILL TO ENACT THE "SOUTH CAROLINA CONSERVATION BANK REAUTHORIZATION ACT" BY AMENDING ACT 200 OF 2002, WHICH ENACTED THE "SOUTH CAROLINA CONSERVATION BANK ACT" AND PROVIDED FOR ITS FUNDING, SO AS TO DELETE THE SUNSETTING OF THAT ACT OTHERWISE EFFECTIVE JULY 1, 2013, AND TO MAKE VARIOUS SECTIONS OF THAT ACT PERMANENT LAW BY DESIGNATING SECTIONS 3, 5, 6, 8, 10, AND 11 OF ACT 200 OF 2002, RELATING RESPECTIVELY TO THE PORTION OF THE DEED RECORDING FEE DEDICATED TO THE SOUTH CAROLINA CONSERVATION BANK TRUST FUND, THE SUSPENSION OF DEED RECORDING FEE REVENUE IN CERTAIN CIRCUMSTANCES, CONSERVATION EASEMENTS, BIENNIAL REPORTS TO THE GENERAL ASSEMBLY, USE OF CONSERVATION BANK FUNDS FOR BEACH CONSERVATION, AND USE OF CONSERVATION BANK FUNDS TO ACQUIRE LAND FOR STATE PARKS AS SECTIONS 12-24-96, 48-59-65, 27-8-37, 48-59-150, 48-59-160, AND 48-59-170, ALL OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976.
Rep. OWENS moved to adjourn debate upon the following Bill until Thursday, May 19, which was adopted:
H. 3266 (Word version) -- Reps. Owens, Hiott, Whipper and R. L. Brown: A BILL TO AMEND SECTION 57-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL COMPOSITION OF THE STATE HIGHWAY SYSTEM, SO AS TO PROVIDE THAT ALL HIGHWAYS IN THE STATE HIGHWAY SYSTEM MUST BE BUILT ACCORDING TO STATE STANDARDS AND TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION MAY USE CERTAIN FUNDS TO MAINTAIN THE STATE HIGHWAY SYSTEM; TO AMEND SECTION 57-5-70, RELATING TO ADDITIONS TO THE STATE HIGHWAY SECONDARY SYSTEM, SO AS TO ALLOW THE DEPARTMENT OF TRANSPORTATION TO ADD COUNTY AND MUNICIPAL ROADS TO THE STATE HIGHWAY SYSTEM WHEN NECESSARY FOR THE INTERCONNECTIVITY OF THE STATE HIGHWAY SYSTEM; TO AMEND SECTION 57-5-80, RELATING TO THE DELETION AND REMOVAL OF ROADS FROM THE STATE HIGHWAY SECONDARY SYSTEM, SO AS TO REVISE THE PROCEDURE FOR THE REMOVAL OF ROADS FROM THE STATE HIGHWAY SYSTEM WHEN A GOVERNMENTAL AGENCY AGREES TO ACCEPT THE ROAD INTO ITS OWN HIGHWAY SYSTEM; AND TO REPEAL SECTION 57-5-90 RELATING TO BELT LINES AND SPURS.
Rep. J. E. SMITH moved to adjourn debate upon the following Joint Resolution until Thursday, May 19, which was adopted:
S. 793 (Word version) -- Senators Alexander and Bryant: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FOR FISCAL YEAR 2011-2012 TO TEMPORARILY SUSPEND ENFORCEMENT OF CERTAIN PROVISIONS OF THE MEDICAID NURSING HOME PERMIT LAW AND TO SET CERTAIN NURSING HOME STAFFING STANDARDS IN ORDER TO MEET APPROPRIATIONS.
Rep. J. E. SMITH moved to adjourn debate upon the following Bill until Thursday, May 19, which was adopted:
S. 211 (Word version) -- Senators Matthews, Land, Leatherman, Leventis, Hutto, Williams, Ford and McGill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 54 TO TITLE 11 SO AS TO ESTABLISH THE "I-95 CORRIDOR AUTHORITY ACT" AND TO PROVIDE FOR THE COMPOSITION, DUTIES, AND POWERS OF THE AUTHORITY.
Rep. J. E. SMITH moved to adjourn debate upon the following Bill until Thursday, May 19, which was adopted:
H. 3688 (Word version) -- Reps. J. E. Smith, Whipper, Limehouse, McLeod, Mitchell and Knight: A BILL TO AMEND CHAPTER 65, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SOUTH CAROLINA TEXTILES COMMUNITIES REVITALIZATION ACT, SO AS TO MAKE THE PROVISIONS OF THIS CHAPTER ALSO APPLICABLE TO ABANDONED GOVERNMENTAL PROPERTIES.
The following Bill was taken up:
S. 36 (Word version) -- Senators McConnell, McGill, Setzler and Ford: A BILL TO AMEND ACT 99 OF 2007, RELATING TO THE SALES TAX EXEMPTION FOR DURABLE MEDICAL EQUIPMENT AND SUPPLIES, BY REPEALING SECTIONS 1B AND 1C, WHICH STATE THAT THE SALES TAX RATE ON DURABLE MEDICAL EQUIPMENT IS FIVE AND ONE-HALF PERCENT SUBJECT TO FURTHER REDUCTION BASED ON GENERAL FUND REVENUE GROWTH.
The Ways and Means Committee proposed the following Amendment No. 1 (COUNCIL\BBM\10240HTC11), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. A. Section 1, Act 99 of 2007 is amended by deleting subsections B and C, which read:
"B. Notwithstanding the sales and use rates imposed pursuant to Chapter 36, Title 12 of the 1976 Code, the rate of tax imposed pursuant to that chapter on the gross proceeds of sales of items described in subsection A of this section is five and one-half percent for such sales from July 1, 2007.
C. Beginning with the February 15, 2008, forecast by the Board of Economic Advisors of annual general fund revenue growth for the upcoming fiscal year, and annually thereafter, if the forecast of that growth equals at least five percent of the most recent estimate by the board of general fund revenues for the current fiscal year, then the applicable state sales and use tax rate imposed on items described in subsection A. of this section is reduced, effective the following July first, by one and one-half percent in the first year and by one percent every year thereafter. That reduced rate applies until a subsequent reduction takes effect. If the February fifteenth forecast meets the requirement for a rate reduction, the board promptly shall certify this result in writing to the Department of Revenue. On the July first that the rate attains zero, the provisions of subsections B. and C. of this section no longer apply."
B. Notwithstanding the general effective date of this act, the amendment to Act 99 of 2007 made by subsection A of this section takes effect July 1, 2011.
SECTION 2. A. 1. Section 12-36-90(1)(c)(iii) of the 1976 Code, as last amended by Act 161 of 2005, is further amended to read:
"(iii) tangible personal property replacing defective parts underwritten warranty contracts if:
(A) the warranty, maintenance, service, or similar contract is given without charge, at the time of original purchase of the defective property, or the tax was paid on the sale or renewal of warranty, maintenance, or similar service contract for tangible personal property of which the defective part was a component, whether or not such contract was purchased in conjunction with the sale of tangible personal property,;
(B) in the case of a warranty, maintenance, service, or similar contract that is given without charge at the time of original purchase of the defective property, the tax was paid on the sale of the defective part or on the sale of the property of which the defective part was a component,; and
(C) the warrantee is not charged for any labor or materials,;"
2. Section 12-36-90(2) of the 1976 Code, as last amended by Act 386 of 2006, is further amended by deleting subitem (l) which reads:
"(l) tangible personal property purchased by a person engaged in the business of servicing a warranty, maintenance, or similar service contract for use in replacing a defective part under the contract if tax was paid on the sale or the renewal of the contract and the customer is not charged for labor or material when the part is replaced."
B. Section 12-36-910(B) of the 1976 Code, as last amended by Act 386 of 2006, is further amended by deleting items (6) and (7) which read:
"(6) gross proceeds accruing or proceeding from the sale or renewal of warranty, maintenance, or similar service contracts for tangible property, whether or not such contracts are purchased in conjunction with the sale of tangible personal property.
(7) gross proceeds accruing or proceeding from the sale or renewal of warranty, maintenance, or similar service contracts for tangible personal property, whether or not the contracts are purchased in conjunction with the sale of tangible personal property."
C. Section 12-36-1310(B) of the 1976 Code, as last amended by Act 161 of 2005, is further amended by deleting item (6) which reads:
"(6) gross proceeds accruing or proceeding from the sale or renewal of warranty, maintenance, or similar service contracts for tangible personal property, whether or not such contracts are purchased in conjunction with the sale of tangible personal property."
D. Section 12-36-2120 of the 1976 Code, as last amended by Act 280 of 2010, is further amended by deleting item (69) which reads:
"(69) the sale or renewal of a warranty, maintenance, or similar service contract for tangible personal property if the sale or purchase of the tangible personal property covered by the contract is exempt or excluded from the tax imposed by this chapter."
E. Notwithstanding the general effective date provided in this act, the provisions of this section take effect on the first day of the third month beginning after the date of approval of this act.
SECTION 3. A. Chapter 54, Title 12 is amended by adding:
"Section 12-54-165. If a discount is allowed by law for the timely filing of a tax return and payment of the taxes due on the return with the department and the return and payment are received by the department after the date required to receive the discount, the taxpayer may apply to the department in writing for the discount to be allowed if the late filing and payment were caused by circumstances beyond the taxpayer's control. For good cause shown in the application, the department may allow the discount."
B. Notwithstanding any other effective date provided in this act, this section takes effect upon approval of this act by the Governor and applies for returns due to be filed for taxable periods beginning after July 31, 2010.
SECTION 4. Except where otherwise provided, this act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. COOPER explained the amendment.
The amendment was then adopted.
Reps. BINGHAM, TOOLE, HUGGINS, BALLENTINE, SPIRES, ATWATER, QUINN, FRYE, HARRELL, COOPER, OTT, RUTHERFORD, SELLERS and J. E. SMITH proposed the following Amendment No. 3 (COUNCIL\BBM\10259HTC11), which was adopted:
Amend the bill, as and if amended, by adding a penultimate SECTION appropriately numbered to read:
/ SECTION __. Article 25, Chapter 36, Title 12 of the 1976 Code is amended by adding:
"Section 12-36-2691. (A) Notwithstanding another provision of this chapter, owning or utilizing a distribution facility within South Carolina is not considered in determining whether the person has a physical presence in South Carolina sufficient to establish nexus with South Carolina for sales and use tax purposes.
(B)(1) For purposes of this section, 'Distribution facility' means an establishment where only shipments of tangible personal property are processed for delivery to customers and no retail sales are made. The definition of 'distribution facility' provided in Section 12-6-3360(M)(8) for purposes of the targeted jobs tax credit and its provisions allowing limited retail sales at such a facility specifically do not apply with respect to a 'distribution facility' as defined for purposes of this section.
(C) This section only applies to a taxpayer that:
(1) places a distribution facility in service after December 31, 2010, and before December 31, 2013;
(2) makes, or causes to be made through a third party, a capital investment of at least one hundred twenty-five million dollars after December 31, 2010, and before December 31, 2013;
(3) creates at least two thousand full-time jobs which include a comprehensive health plan for those employees, after December 31, 2010, and before December 31, 2013. For purposes of this item, 'full-time' and 'new job' have the same meaning as provided in Section 12-6-3360; and
(4) after meeting the requirements of item (3), maintains at least one thousand jobs until January 1, 2016.
(D) This section no longer applies on the earlier of:
(1) January 1, 2016;
(2) when the company fails to meet the requirements provided in subsection (C) of this section; or
(3) the effective date of a law enacted by the United States Congress that allows a state to require that its sales tax be collected and remitted even if the taxpayer does not have substantial nexus with that state." /
Renumber sections to conform.
Amend title to conform.
Rep. BINGHAM explained the amendment.
Rep. OTT spoke in favor of the amendment.
Rep. HIOTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Allison Anthony Atwater Bales Ballentine Bannister Battle Bedingfield Bingham Bowen Brady Branham Brannon G. A. Brown H. B. Brown Butler Garrick Chumley Clemmons Clyburn Cobb-Hunter Cole Cooper Crawford Crosby Daning Delleney Dillard Edge Forrester Frye Gambrell Gilliard Govan Hamilton Hardwick Harrell Harrison Hart Hayes Hearn Henderson Hixon Hodges Horne Hosey Huggins Jefferson Johnson King Knight Limehouse Loftis Long Lowe Lucas McCoy McLeod Mitchell D. C. Moss V. S. Moss Munnerlyn Murphy Nanney J. H. Neal J. M. Neal Neilson Ott Parker Parks Patrick Pinson Pitts Pope Quinn Rutherford Sabb Sellers Skelton G. M. Smith G. R. Smith J. E. Smith J. R. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Toole Weeks Whipper White Whitmire Willis Young
Those who voted in the negative are:
Agnew Anderson Bikas Bowers Brantley R. L. Brown Corbin Erickson Funderburk Hiott Mack McEachern Norman Owens Ryan Sandifer Simrill Tribble Viers Williams
So, the amendment was adopted.
Reps. BINGHAM and GOVAN proposed the following Amendment No. 4 (LEGWORK\HOUSE\10261HTC11KRL), which was adopted:
Amend the bill, as and if amended, beginning on page 36-1 by striking SECTION 1 and inserting:
/ SECTION 1. A. SECTION 1B of Act 99 of 2007 is amended to read:
"B. (A) Notwithstanding the sales and use rates imposed pursuant to Chapter 36, Title 12 of the 1976 Code, the rate of tax imposed pursuant to that chapter on the gross proceeds of sales of items described in subsection A of this section is five and one-half percent for such sales from July 1, 2007.
(B) Notwithstanding the sales and use rates imposed pursuant to Chapter 36, Title 12 of the 1976 Code, the rate of tax imposed pursuant to that chapter on the gross proceeds of sales of items described in subsection A of this section is three and one-half percent for such sales from July 1, 2011.
(C) Notwithstanding the sales and use rates imposed pursuant to Chapter 36, Title 12 of the 1976 Code, the rate of tax imposed pursuant to that chapter on the gross proceeds of sales of items described in subsection A of this section is one and three-quarters percent for such sales from July 1, 2012.
(D) Effective January 1, 2013, the sales tax exemption on the gross proceeds of sales of items described in subsection A is fully implemented and no sales and use tax may be imposed on the items described in subsection A."
B. Act 99 of 2007 is amended by repealing SECTION 1C which reads:
"C. Beginning with the February 15, 2008, forecast by the Board of Economic Advisors of annual general fund revenue growth for the upcoming fiscal year, and annually thereafter, if the forecast of that growth equals at least five percent of the most recent estimate by the board of general fund revenues for the current fiscal year, then the applicable state sales and use tax rate imposed on items described in subsection A of this section is reduced, effective the following July first, by one and one-half percent in the first year and by one percent every year thereafter. That reduced rate applies until a subsequent reduction takes effect. If the February fifteenth forecast meets the requirement for a rate reduction, the board promptly shall certify this result in writing to the Department of Revenue. On the July first that the rate attains zero, the provisions of subsections B and C of this section no longer apply." /
Renumber sections to conform.
Amend title to conform.
Rep. BINGHAM 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:
Allen Allison Anthony Atwater Bales Ballentine Bannister Battle Bingham Bowen Bowers Brady Branham Brannon G. A. Brown H. B. Brown Butler Garrick Chumley Clemmons Clyburn Cobb-Hunter Cole Cooper Crawford Crosby Daning Delleney Dillard Edge Forrester Frye Gambrell Gilliard Govan Hamilton Hardwick Harrell Harrison Hart Hayes Hearn Henderson Herbkersman Hixon Hodges Horne Hosey Huggins Jefferson Johnson King Limehouse Long Lowe McCoy McLeod Mitchell D. C. Moss V. S. Moss Murphy J. H. Neal J. M. Neal Neilson Ott Parker Parks Patrick Pinson Pitts Pope Quinn Rutherford Sabb Sellers Skelton J. E. Smith J. R. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Toole Weeks Whipper White Whitmire Williams Willis Young
Those who voted in the negative are:
Agnew Anderson Bedingfield Bikas Brantley R. L. Brown Corbin Erickson Funderburk Hiott Lucas Mack McEachern Nanney Norman Owens Ryan Sandifer Simrill G. R. Smith Tribble Viers
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. ATWATER moved to reconsider the vote whereby the following Bill was read second time:
S. 36 (Word version) -- Senators McConnell, McGill, Setzler and Ford: A BILL TO AMEND ACT 99 OF 2007, RELATING TO THE SALES TAX EXEMPTION FOR DURABLE MEDICAL EQUIPMENT AND SUPPLIES, BY REPEALING SECTIONS 1B AND 1C, WHICH STATE THAT THE SALES TAX RATE ON DURABLE MEDICAL EQUIPMENT IS FIVE AND ONE-HALF PERCENT SUBJECT TO FURTHER REDUCTION BASED ON GENERAL FUND REVENUE GROWTH.
Rep. ATWATER moved to table the motion to reconsider, which was agreed to.
Due to a potential conflict of interest, I abstained from these votes on S. 36.
Rep. Jim Merrill
Due to my involvement in the Durable Medical Equipment Industry, I abstained from these votes on S. 36.
Rep. Murrell Smith
Rep. PITTS moved to reconsider the vote whereby debate was adjourned on the following Bill until Thursday, May 19, which was agreed to:
H. 3083 (Word version) -- Reps. Pitts, Daning, Toole, G. M. Smith, Clyburn, Bingham, J. R. Smith, Huggins, Young, Taylor, Long, H. B. Brown, Ryan, Whipper and R. L. Brown: A BILL TO ENACT THE "SOUTH CAROLINA CONSERVATION BANK REAUTHORIZATION ACT" BY AMENDING ACT 200 OF 2002, WHICH ENACTED THE "SOUTH CAROLINA CONSERVATION BANK ACT" AND PROVIDED FOR ITS FUNDING, SO AS TO DELETE THE SUNSETTING OF THAT ACT OTHERWISE EFFECTIVE JULY 1, 2013, AND TO MAKE VARIOUS SECTIONS OF THAT ACT PERMANENT LAW BY DESIGNATING SECTIONS 3, 5, 6, 8, 10, AND 11 OF ACT 200 OF 2002, RELATING RESPECTIVELY TO THE PORTION OF THE DEED RECORDING FEE DEDICATED TO THE SOUTH CAROLINA CONSERVATION BANK TRUST FUND, THE SUSPENSION OF DEED RECORDING FEE REVENUE IN CERTAIN CIRCUMSTANCES, CONSERVATION EASEMENTS, BIENNIAL REPORTS TO THE GENERAL ASSEMBLY, USE OF CONSERVATION BANK FUNDS FOR BEACH CONSERVATION, AND USE OF CONSERVATION BANK FUNDS TO ACQUIRE LAND FOR STATE PARKS AS SECTIONS 12-24-96, 48-59-65, 27-8-37, 48-59-150, 48-59-160, AND 48-59-170, ALL OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976.
The following Bill was taken up:
H. 3083 (Word version) -- Reps. Pitts, Daning, Toole, G. M. Smith, Clyburn, Bingham, J. R. Smith, Huggins, Young, Taylor, Long, H. B. Brown, Ryan, Whipper and R. L. Brown: A BILL TO ENACT THE "SOUTH CAROLINA CONSERVATION BANK REAUTHORIZATION ACT" BY AMENDING ACT 200 OF 2002, WHICH ENACTED THE "SOUTH CAROLINA CONSERVATION BANK ACT" AND PROVIDED FOR ITS FUNDING, SO AS TO DELETE THE SUNSETTING OF THAT ACT OTHERWISE EFFECTIVE JULY 1, 2013, AND TO MAKE VARIOUS SECTIONS OF THAT ACT PERMANENT LAW BY DESIGNATING SECTIONS 3, 5, 6, 8, 10, AND 11 OF ACT 200 OF 2002, RELATING RESPECTIVELY TO THE PORTION OF THE DEED RECORDING FEE DEDICATED TO THE SOUTH CAROLINA CONSERVATION BANK TRUST FUND, THE SUSPENSION OF DEED RECORDING FEE REVENUE IN CERTAIN CIRCUMSTANCES, CONSERVATION EASEMENTS, BIENNIAL REPORTS TO THE GENERAL ASSEMBLY, USE OF CONSERVATION BANK FUNDS FOR BEACH CONSERVATION, AND USE OF CONSERVATION BANK FUNDS TO ACQUIRE LAND FOR STATE PARKS AS SECTIONS 12-24-96, 48-59-65, 27-8-37, 48-59-150, 48-59-160, AND 48-59-170, ALL OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976.
Rep. PITTS proposed the following Amendment No. 1 (COUNCIL\DKA\3601SD11), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 7 of Act 200 of 2002 is amended to read:
"SECTION 7. Chapter 59, Title 48 of the 1976 Code and Sections 2 through 6 of this act are repealed effective July 1, 2013 2023, unless reenacted or otherwise extended by the General Assembly. However, the South Carolina Conservation Bank established by this act may continue to operate as if Chapter 59, Title 49 48 of the 1976 Code was not repealed until the South Carolina Conservation Bank Trust Fund is exhausted or July 1, 2016 2026, whichever first occurs. Any balance in that trust fund on July 1, 2016 2026, reverts to the general fund of the State. Repeal does not affect any rights, obligations, liabilities, or debts due the South Carolina Conservation Bank. For these purposes, after the bank's termination, the State Budget and Control Board is the bank's successor, except that, after the bank's termination, the board's voting rights provided in the former provisions of Section 48-59-80(F), (G), (H), and (I) of the 1976 Code are devolved upon the Department of Natural Resources Board, and any contribution to the trust fund required pursuant to the former provisions of Section 48-59-80(H) of the 1976 Code must be made to the Heritage Trust Program."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. PITTS explained the amendment.
The amendment was then adopted.
Rep. HAMILTON proposed the following Amendment No. 2 (COUNCIL\GGS\22085ZW11), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. Section 48-59-40(A) and (B) of the 1976 Code is amended to read:
"(A) There is established the South Carolina Conservation Bank. The bank is governed by a twelve-member fifteen-member board selected as follows:
(1) the Chairman of the Board for the Department of Natural Resources, the Chairman of the South Carolina Forestry Commission, and the Director of the South Carolina Department of Parks, Recreation and Tourism, all of whom shall serve ex officio and without voting privileges;
(2) three members appointed by the Governor from the State at large;
(3) three members appointed by the Speaker of the House of Representatives, one each from the third, fourth, and sixth congressional districts; and
(4) three members appointed by the President Pro Tempore of the Senate, one each from the first, second, and fifth congressional districts; and
(5) three members who are to be elected from the state at large by a joint vote of the General Assembly.
(B) Terms of board members are for four years and until their successors are appointed or elected and qualify, except that the initial terms of each appointing official's appointees must be staggered with the initial term noted on the appointment. Regardless of the date of appointment, all terms expire on July first of the applicable year. Vacancies must be filled in the manner of original appointments or elections for the unexpired portion of the term. Members shall serve without compensation, but may receive the mileage, subsistence, and per diem allowed by law for members of state boards, committees, and commissions. The board shall elect a chairman and other officers as necessary from its membership." /
Renumber sections to conform.
Amend title to conform.
Rep. HAMILTON explained the amendment.
The amendment was then adopted.
Rep. G. R. SMITH Proposed the following Amendment No. 5 (COUNCIL\GGS\22121ZW11), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 7 of Act 200 of 2002 is amended to read:
"SECTION 7. (A) Chapter 59, Title 48 of the 1976 Code, and Sections 2 through 6 of this act are repealed effective July 1, 2013 2023, unless reenacted or otherwise extended by the General Assembly. However, in order for the sunset date to be deferred until July 1, 2023:
(1) the South Carolina Conservation Bank shall develop a comprehensive statewide plan that identifies and lists in order of priority those lands or areas, including estimated costs, having the most critical need for preservation; and
(2) The Department of Natural Resources shall post online all South Carolina Conservation Bank commitments, obligations, loans, grants, or other transactions in furtherance of the purposes of this chapter.
(B) If the South Carolina Conservation Bank and the Department of natural Resources fail to satisfy the requirements of subitems (A)(1) and (A)(2), then the sunset date only shall be extended until July 1, 2018.
(C) However If the South Carolina Conservation Bank and the Department of Natural Resources satisfy the requirements of subitems (A)(1) and (A)(2), then the South Carolina Conservation Bank established by this act may continue to operate as if Chapter 59, Title 49 48 of the 1976 Code was not repealed until the South Carolina Conservation Bank Trust Fund is exhausted or July 1, 2016 2026, whichever first occurs. Any balance in that trust fund on July 1, 2016 2026, reverts to the general fund of the State. Repeal does not affect any rights, obligations, liabilities, or debts due the South Carolina Conservation Bank. For these purposes, after the bank's termination, the State Budget and Control Board is the bank's successor, except that, after the bank's termination, the board's voting rights provided in the former provisions of Section 48-59-80(F), (G), (H), and (I) of the 1976 Code are devolved upon the Department of Natural Resources Board, and any contribution to the trust fund required pursuant to the former provisions of Section 48-59-80(H) of the 1976 Code must be made to the Heritage Trust Program. For the period 2013 through 2023, the South Carolina Conservation Bank may not undertake a commitment, obligation, activity, loan or grant, or conduct planning that would require the South Carolina Conservation Bank to remain in existence beyond its sunset date."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. G. R. SMITH explained the amendment.
Rep. J. R. SMITH moved to table the amendment.
Rep. LOFTIS demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Alexander Allen Allison Anderson Anthony Atwater Bales Ballentine Barfield Battle Bikas Bowen Brady Branham Brannon Brantley G. A. Brown H. B. Brown R. L. Brown Butler Garrick Clyburn Cobb-Hunter Cole Crawford Crosby Daning Dillard Edge Erickson Forrester Funderburk Gambrell Gilliard Govan Harrell Harrison Hart Hayes Herbkersman Hiott Hixon Hodges Horne Hosey Howard Huggins Jefferson Johnson Knight Limehouse Long Lowe Lucas Mack McCoy McEachern Merrill Mitchell D. C. Moss V. S. Moss Munnerlyn Murphy J. H. Neal J. M. Neal Neilson Norman Ott Owens Parker Parks Patrick Pinson Pitts Pope Quinn Rutherford Ryan Sabb Sellers Simrill Skelton G. M. Smith J. E. Smith J. R. Smith Sottile Spires Stavrinakis Tallon Taylor Toole Tribble Whipper Whitmire Williams Willis Young
Those who voted in the negative are:
Bannister Bedingfield Bowers Clemmons Cooper Corbin Delleney Frye Hamilton Hardwick Henderson Loftis McLeod Nanney G. R. Smith Stringer Thayer Viers Weeks White
So, the amendment was tabled.
Rep. CORBIN moved to adjourn debate on the Bill until Tuesday, May 24.
Rep. PITTS moved to table the motion.
Rep. HIOTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Allen Allison Anderson Anthony Atwater Bales Ballentine Bannister Barfield Battle Bikas Bingham Bowen Brady Brannon Brantley G. A. Brown H. B. Brown R. L. Brown Butler Garrick Clyburn Cobb-Hunter Cole Cooper Crawford Crosby Daning Dillard Edge Erickson Forrester Funderburk Gambrell Gilliard Hardwick Harrell Harrison Hart Hayes Hearn Herbkersman Hiott Hixon Hodges Horne Hosey Huggins Jefferson Knight Limehouse Long Lowe Lucas Mack McCoy McEachern Merrill V. S. Moss Munnerlyn J. M. Neal Neilson Ott Owens Parker Parks Patrick Pinson Pitts Pope Rutherford Ryan Sabb Sandifer Simrill Skelton G. M. Smith J. E. Smith J. R. Smith Sottile Spires Stavrinakis Tallon Taylor Thayer Toole Tribble Weeks Whipper White Whitmire Williams Willis Young
Those who voted in the negative are:
Bedingfield Bowers Chumley Clemmons Corbin Delleney Frye Hamilton Henderson Loftis McLeod D. C. Moss Nanney Norman G. R. Smith Stringer Viers
So, the motion to adjourn debate was tabled.
The question then recurred to the passage of the Bill.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Agnew Alexander Allen Allison Anderson Anthony Atwater Bales Ballentine Bannister Barfield Battle Bingham Bowen Bowers Brady Brannon Brantley H. B. Brown R. L. Brown Butler Garrick Clemmons Clyburn Cobb-Hunter Cole Cooper Crawford Daning Delleney Dillard Erickson Forrester Funderburk Gambrell Gilliard Hardwick Harrell Harrison Hart Hayes Hearn Herbkersman Hiott Hixon Hodges Horne Hosey Howard Huggins Jefferson Johnson King Knight Limehouse Long Lowe Lucas Mack McCoy McEachern McLeod Merrill D. C. Moss V. S. Moss Munnerlyn Murphy J. H. Neal J. M. Neal Neilson Ott Parker Patrick Pitts Pope Ryan Sabb Sellers Simrill Skelton G. M. Smith J. E. Smith J. R. Smith Sottile Spires Stavrinakis Tallon Taylor Toole Tribble Weeks White Whitmire Williams Willis Young
Those who voted in the negative are:
Bedingfield Bikas Chumley Corbin Frye Hamilton Henderson Loftis Nanney Norman Owens Sandifer G. R. Smith Stringer Thayer Viers
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. PITTS moved to reconsider the vote whereby the following Bill was read second time:
H. 3083 (Word version) -- Reps. Pitts, Daning, Toole, G. M. Smith, Clyburn, Bingham, J. R. Smith, Huggins, Young, Taylor, Long, H. B. Brown, Ryan, Whipper and R. L. Brown: A BILL TO ENACT THE "SOUTH CAROLINA CONSERVATION BANK REAUTHORIZATION ACT" BY AMENDING ACT 200 OF 2002, WHICH ENACTED THE "SOUTH CAROLINA CONSERVATION BANK ACT" AND PROVIDED FOR ITS FUNDING, SO AS TO DELETE THE SUNSETTING OF THAT ACT OTHERWISE EFFECTIVE JULY 1, 2013, AND TO MAKE VARIOUS SECTIONS OF THAT ACT PERMANENT LAW BY DESIGNATING SECTIONS 3, 5, 6, 8, 10, AND 11 OF ACT 200 OF 2002, RELATING RESPECTIVELY TO THE PORTION OF THE DEED RECORDING FEE DEDICATED TO THE SOUTH CAROLINA CONSERVATION BANK TRUST FUND, THE SUSPENSION OF DEED RECORDING FEE REVENUE IN CERTAIN CIRCUMSTANCES, CONSERVATION EASEMENTS, BIENNIAL REPORTS TO THE GENERAL ASSEMBLY, USE OF CONSERVATION BANK FUNDS FOR BEACH CONSERVATION, AND USE OF CONSERVATION BANK FUNDS TO ACQUIRE LAND FOR STATE PARKS AS SECTIONS 12-24-96, 48-59-65, 27-8-37, 48-59-150, 48-59-160, AND 48-59-170, ALL OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976.
Rep. PITTS moved to table the motion to reconsider, which was agreed to.
Rep. OWENS moved to reconsider the vote whereby the debate was adjourned on the following Bill until Thursday, May 19, which was agreed to:
H. 3266 (Word version) -- Reps. Owens, Hiott, Whipper and R. L. Brown: A BILL TO AMEND SECTION 57-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL COMPOSITION OF THE STATE HIGHWAY SYSTEM, SO AS TO PROVIDE THAT ALL HIGHWAYS IN THE STATE HIGHWAY SYSTEM MUST BE BUILT ACCORDING TO STATE STANDARDS AND TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION MAY USE CERTAIN FUNDS TO MAINTAIN THE STATE HIGHWAY SYSTEM; TO AMEND SECTION 57-5-70, RELATING TO ADDITIONS TO THE STATE HIGHWAY SECONDARY SYSTEM, SO AS TO ALLOW THE DEPARTMENT OF TRANSPORTATION TO ADD COUNTY AND MUNICIPAL ROADS TO THE STATE HIGHWAY SYSTEM WHEN NECESSARY FOR THE INTERCONNECTIVITY OF THE STATE HIGHWAY SYSTEM; TO AMEND SECTION 57-5-80, RELATING TO THE DELETION AND REMOVAL OF ROADS FROM THE STATE HIGHWAY SECONDARY SYSTEM, SO AS TO REVISE THE PROCEDURE FOR THE REMOVAL OF ROADS FROM THE STATE HIGHWAY SYSTEM WHEN A GOVERNMENTAL AGENCY AGREES TO ACCEPT THE ROAD INTO ITS OWN HIGHWAY SYSTEM; AND TO REPEAL SECTION 57-5-90 RELATING TO BELT LINES AND SPURS.
The following Bill was taken up:
H. 3266 (Word version) -- Reps. Owens, Hiott, Whipper and R. L. Brown: A BILL TO AMEND SECTION 57-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL COMPOSITION OF THE STATE HIGHWAY SYSTEM, SO AS TO PROVIDE THAT ALL HIGHWAYS IN THE STATE HIGHWAY SYSTEM MUST BE BUILT ACCORDING TO STATE STANDARDS AND TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION MAY USE CERTAIN FUNDS TO MAINTAIN THE STATE HIGHWAY SYSTEM; TO AMEND SECTION 57-5-70, RELATING TO ADDITIONS TO THE STATE HIGHWAY SECONDARY SYSTEM, SO AS TO ALLOW THE DEPARTMENT OF TRANSPORTATION TO ADD COUNTY AND MUNICIPAL ROADS TO THE STATE HIGHWAY SYSTEM WHEN NECESSARY FOR THE INTERCONNECTIVITY OF THE STATE HIGHWAY SYSTEM; TO AMEND SECTION 57-5-80, RELATING TO THE DELETION AND REMOVAL OF ROADS FROM THE STATE HIGHWAY SECONDARY SYSTEM, SO AS TO REVISE THE PROCEDURE FOR THE REMOVAL OF ROADS FROM THE STATE HIGHWAY SYSTEM WHEN A GOVERNMENTAL AGENCY AGREES TO ACCEPT THE ROAD INTO ITS OWN HIGHWAY SYSTEM; AND TO REPEAL SECTION 57-5-90 RELATING TO BELT LINES AND SPURS.
Rep. DANING proposed the following Amendment No. 2 (COUNCIL\GGS\22109ZW11), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 57-5-10 of the 1976 Code is amended to read:
"Section 57-5-10. The state highway system shall consist of a statewide system of connecting highways which that shall be constructed by to the Department of Transportation Transportation's standards and which that shall be maintained by the department in a safe and serviceable condition as state highways. The Department of Transportation may utilize funding sources including, but not limited to, the State Nonfederal Aid Highway Fund and the State Highway Fund as established by Section 57-11-20 in carrying out the provisions of this section. The complete state highway system shall mean the system of state highways as now constituted, consisting of the roads, streets, and highways heretofore designated as state highways or designated for construction or maintenance by the department pursuant to law, together with the roads, streets, and highways heretofore added to the state highway system by the Commission of the Department of Transportation, and such the roads, streets, and highways as may hereafter that may be added to the system pursuant to law. Roads and highways in the state highway system are classified into three classifications:
(1) interstate system of highways;
(2) state highway primary system; and
(3) state highway secondary system."
SECTION 2. Section 57-5-70 of the 1976 Code is amended to read:
"Section 57-5-70. The department shall take over and accept as a part of the state highway secondary system the roads remaining in the various county road systems which have been maintained by the respective counties, or so much mileage thereof as the availability of funds for construction of secondary state highways in a county may justify; provided, that municipal streets which are extensions of state highways may be added to the state highway secondary system in lieu of an equal mileage of county roads. The roads to be placed in the state highway system hereunder shall be selected by the department. Maintenance jurisdiction by the department of roads added to the state highway secondary system pursuant to the provisions of this section shall not commence until construction to state highway standards shall have started.
A county or municipality and the department may by mutual consent agree to transfer a road from the county or municipal road system to the state highway system. The transfer may be of the road 'as is', without further improvement to the road or upon such terms and conditions as the parties mutually agree. Notification of the transfer must be given to the county's legislative delegation. If the department determines that a road in the county or municipal road system is necessary for the interconnectivity of the state highway system, and the municipality or county does not consent to the transfer, the department may initiate a condemnation action to acquire the road, or a portion of it, and the county or municipality is not required to make any further improvements to it."
SECTION 3. Section 57-5-80 of the 1976 Code is amended to read:
"Section 57-5-80. The department may delete and remove from the state highway secondary system: of roads in any county any roads which are of low traffic importance and substitute therefor an equal, or less, mileage of other roads of higher traffic importance as determined by traffic surveys and estimates. Maintenance responsibility for roads deleted and removed from the state highway secondary system pursuant to the provisions of this section shall transfer from the jurisdiction of the department to the jurisdiction of the county, or municipality in which such roads are situated, effective upon notice from the department of official action deleting and removing the roads from the state highway system. The department may transfer from the state highway secondary system any road under its jurisdiction, determined by the department to be of low traffic importance, to one of the parties indicated in this section if mutual consent is reached between the department and the party that the road is being transferred to:
(a) a county or municipality;
(b) a school;
(c) a governmental agency;
(d) a nongovernmental entity; or
(e) a person.
In all cases, the county or municipality shall have right of first refusal to accept roads into their maintenance responsibility when roads are considered for transfer from the State highway system to a non-governmental entity or person. Maintenance responsibility for roads transferred from the state highway system pursuant to the provisions of this section shall transfer from the jurisdiction of the department to the jurisdiction of the county or municipality, school, governmental agency, nongovernmental entity, or person, effective upon notice from the department of official action removing the road from the state highway system. Notification of the transfer must be given to the county's legislative delegation."
SECTION 4. Section 57-5-90 of the 1976 Code is repealed.
SECTION 5. If part of Section 57-5-70 is held to be invalid, unenforceable, or unconstitutional, then the entire section is invalid, unenforceable, or unconstitutional.
SECTION 6. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. DANING explained the amendment.
The amendment was then adopted.
The Education and Public Works Committee proposed the following Amendment No. 1 (COUNCIL\SWB\6140CM11), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 57-5-10 of the 1976 Code is amended to read:
"Section 57-5-10. The state highway system shall consist of a statewide system of connecting highways which that shall be constructed by to the Department of Transportation Transportation's standards and which that shall be maintained by the department in a safe and serviceable condition as state highways. The Department of Transportation may utilize funding sources including, but not limited to, the State Nonfederal Aid Highway Fund and the State Highway Fund as established by Section 57-11-20 in carrying out the provisions of this section. The complete state highway system shall mean the system of state highways as now constituted, consisting of the roads, streets, and highways heretofore designated as state highways or designated for construction or maintenance by the department pursuant to law, together with the roads, streets, and highways heretofore added to the state highway system by the Commission of the Department of Transportation, and such the roads, streets, and highways as may hereafter that may be added to the system pursuant to law. Roads and highways in the state highway system are classified into three classifications:
(1) interstate system of highways;
(2) state highway primary system; and
(3) state highway secondary system."
SECTION 2. Section 57-5-70 of the 1976 Code is amended to read:
"Section 57-5-70. The department shall may take over and accept as a part of the state highway secondary system the roads remaining in the various county or municipal road systems which have been maintained by the respective counties, or so much mileage thereof as the availability of funds for construction of secondary state highways in a county may justify; provided, that municipal streets which are extensions of state highways may be added to the state highway secondary system in lieu of an equal mileage of county roads. that the department determines are necessary for the interconnectivity of the state highway system. The roads to be placed in the state highway system hereunder shall be selected by the department. Maintenance jurisdiction by the department of roads added to the state highway secondary system pursuant to the provisions of this section shall not commence until construction to state highway standards shall have started has been completed and an equal amount of secondary system roadway lane mileage has been removed from the state highway system within that county or municipal limit. The roads placed in the State highway system pursuant to this section must be selected by the department with the consent of the county or municipality, and notification to the county's legislative delegation."
SECTION 3. Section 57-5-80 of the 1976 Code is amended to read:
"Section 57-5-80. (A) The department may delete and remove roads from the state highway secondary system: of roads in any county any roads which are of low traffic importance and may, but is not required, to substitute therefor therefore an equal, or less, mileage of other roads of higher traffic importance as determined by traffic surveys and estimates. Maintenance responsibility for roads deleted and removed from the state highway secondary system pursuant to the provisions of this section shall transfer from the jurisdiction of the department to the jurisdiction of the county, or municipality, school, governmental agency, nongovernmental entity, or person in which such roads are situated, effective upon notice from the department of official action deleting and removing the roads from the state highway system. A county or municipality shall have first right of refusal to accept roads into their maintenance responsibility when roads are considered for transfer from the secondary highway system to a non-governmental entity or person. Deletions, removals, or substitutions from the State secondary highway system to counties and municipalities must be made with the consent of the affected county or municipality, and notifications must be made to the county's legislative delegation."
SECTION 4. Section 57-5-90 of the 1976 Code is repealed.
SECTION 5. If part of Section 57-5-70 is held to be invalid, unenforceable, or unconstitutional, then the entire section is invalid, unenforceable, or unconstitutional.
SECTION 6. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. OWENS explained the amendment.
Rep. OWENS moved to table the amendment, which was agreed to.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Agnew Allen Anderson Anthony Atwater Bales Ballentine Bannister Barfield Battle Bedingfield Bikas Bowen Bowers Brady Brannon Brantley G. A. Brown H. B. Brown R. L. Brown Butler Garrick Chumley Clemmons Clyburn Cobb-Hunter Cole Corbin Crawford Crosby Daning Delleney Dillard Edge Erickson Forrester Funderburk Gambrell Hamilton Hardwick Harrell Hayes Hearn Henderson Hiott Hodges Horne Hosey Howard Jefferson Johnson King Knight Limehouse Loftis Long Lowe Lucas McCoy McEachern Merrill Mitchell D. C. Moss V. S. Moss Munnerlyn Murphy Nanney J. H. Neal J. M. Neal Neilson Norman Ott Owens Parker Parks Patrick Pinson Pope Ryan Sabb Sandifer Simrill Skelton G. M. Smith G. R. Smith J. E. Smith J. R. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Toole Viers Weeks Whipper White Whitmire Williams Willis 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 meeting with members of the Senate concerning Amazon, when several votes came up. Because of that, I was recorded as not voting on these votes.
Rep. Rick Quinn
Rep. WILLIAMS moved to reconsider the vote whereby the following Bill was read second time:
S. 785 (Word version) -- Senator Land: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF FLORENCE COUNTY SCHOOL DISTRICT FOUR TO ISSUE GENERAL OBLIGATION BONDS OF THE SCHOOL DISTRICT WITHIN ITS CONSTITUTIONAL DEBT LIMIT, IN ONE OR MORE SERIES, IN A TOTAL AMOUNT NOT TO EXCEED TWO MILLION FIVE HUNDRED THOUSAND DOLLARS, TO DEFRAY THE LOSS OF EDUCATION FINANCE ACT FUNDS TO THE SCHOOL DISTRICT, TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSES FOR WHICH THE PROCEEDS MAY BE EXPENDED, AND TO MAKE PROVISION FOR THE PAYMENT OF THE BONDS.
Rep. CRAWFORD moved to table the motion to reconsider, which was agreed to.
Rep. HEARN moved that the House recur to the Morning Hour, which was agreed to.
Rep. BARFIELD, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 4206 (Word version) -- Reps. Ryan, Brantley, Hardwick, Hearn, Barfield, Anderson, McCoy, Patrick, Gilliard, Erickson, Hodges, Stavrinakis, Viers, R. L. Brown, Clemmons, Edge, Herbkersman, Limehouse and Sottile: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO ENACT WITHOUT DELAY S. 632, THE "FLEXIBILITY IN REBUILDING AMERICAN FISHERIES ACT" WHICH, AMONG OTHER PROVISIONS, EXTENDS THE TIME PERIOD FOR REBUILDING CERTAIN OVERFISHED FISHERIES, AND TO REQUEST THE UNITED STATES DEPARTMENT OF COMMERCE TO SET AS A PRIORITY FUNDING FOR FISHERIES DATA NEEDS AND FISHERY STOCK ASSESSMENTS.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
H. 3789 (Word version) -- Reps. McLeod, Brantley, Chumley, J. H. Neal, Jefferson, Neilson, Alexander, Gilliard, Bales, R. L. Brown, Clyburn, Cobb-Hunter, Dillard, Hixon, Hodges, Hosey, Mack, Weeks and Whipper: A BILL TO AMEND SECTION 17-13-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF A LAW ENFORCEMENT OFFICER IN PURSUIT OF AN OFFENDER, SO AS TO INCREASE THE LIMIT WHERE THE
TOWN OR CITY'S JURISDICTION CEASES FROM THREE MILES TO FIVE MILES OF THE CORPORATE LIMITS.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
S. 568 (Word version) -- Senators L. Martin and Ford: A BILL TO AMEND SECTION 16-3-740, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TESTING OF CERTAIN OFFENDERS FOR HEPATITIS B AND HUMAN IMMUNODEFICIENCY VIRUS (HIV), SO AS TO FURTHER CLARIFY OFFENDERS WHO MUST BE TESTED AND THE TIME FRAME THAT TESTING MUST BE CONDUCTED AND PROVIDE FOR FOLLOW-UP TESTING FOR HIV WHEN MEDICALLY APPROPRIATE.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
S. 30 (Word version) -- Senators McConnell, Leventis and Ford: A BILL TO AMEND SECTION 22-5-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATED TO MAGISTRATES' POWERS AND DUTIES REGARDING THE ISSUANCE OF ARREST WARRANTS AND COURTESY SUMMONS, SO AS TO PROVIDE THAT NO ARREST WARRANT SHALL BE ISSUED FOR THE ARREST OF A PERSON UNLESS SOUGHT BY A MEMBER OF A LAW ENFORCEMENT AGENCY ACTING IN THEIR OFFICIAL CAPACITY; AND TO PROVIDE THAT IF AN ARREST WARRANT IS SOUGHT BY SOMEONE OTHER THAN A LAW ENFORCEMENT OFFICER, THE COURT MUST ISSUE A COURTESY SUMMONS, EXCEPT WHEN A BUSINESS IS SEEKING AN ARREST WARRANT FOR ANY OFFENSE AGAINST THE BUSINESS OR A PERSON IS SEEKING AN ARREST WARRANT FOR A FRAUDULENT CHECK, IF THE FRAUDULENT CHECK IS PRESENTED TO THE MAGISTRATE AT THE TIME THE WARRANT IS SOUGHT.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
S. 336 (Word version) -- Senator Grooms: A BILL TO AMEND SECTION 56-7-30 OF THE 1976 CODE, RELATING TO GENERATING UNIFORM TRAFFIC CITATIONS WITH AN ELECTRONIC DEVICE, TO REQUIRE THAT A COPY OF THE CITATION IS HANDED DIRECTLY TO THE OFFENDER BY THE LAW ENFORCEMENT OFFICER ISSUING THE TICKET; TO AMEND CHAPTER 7, TITLE 56, RELATING TO MOTOR VEHICLE TRAFFIC TICKETS, BY ADDING SECTION 56-7-35 TO PROVIDE THAT A LAW ENFORCEMENT OFFICER MUST STOP AN OWNER OR OPERATOR OF A VEHICLE TO ISSUE A TRAFFIC TICKET, TO PROVIDE THAT THE TRAFFIC TICKET MUST BE HANDED DIRECTLY TO THE OWNER OR OPERATOR OF THE VEHICLE, TO PROVIDE THAT A LAW ENFORCEMENT AGENCY MAY NOT MAIL OR OTHERWISE SEND A TRAFFIC TICKET TO AN OFFENDER, TO PROVIDE THAT A TRAFFIC TICKET CANNOT BE ISSUED BASED IN WHOLE OR IN PART UPON PHOTOGRAPHIC EVIDENCE REGARDLESS OF WHETHER THE CAMERA OR OTHER DEVICE CAPTURING THE IMAGE WAS ATTENDED OR UNATTENDED, AND TO PROVIDE THAT THE PROVISIONS OF THE SECTION DO NOT APPLY TO TOLL COLLECTION; TO AMEND SECTION 56-5-710, RELATING TO THE POWER OF LOCAL AUTHORITIES CONCERNING TRAFFIC LAWS, TO PROVIDE THAT A TRAFFIC TICKET CANNOT BE ISSUED BASED IN WHOLE OR IN PART UPON PHOTOGRAPHIC EVIDENCE REGARDLESS OF WHETHER THE CAMERA OR OTHER DEVICE CAPTURING THE IMAGE WAS ATTENDED OR UNATTENDED; TO AMEND SECTION 56-5-70, AS AMENDED, RELATING TO CERTAIN VEHICLE REQUIREMENTS BEING SUSPENDED DURING A STATE OF EMERGENCY, TO CLARIFY THAT UNIFORM TRAFFIC CITATIONS MAY NOT BE ISSUED IN WHOLE OR IN PART ON PHOTOGRAPHIC EVIDENCE REGARDLESS OF WHETHER THE CAMERA OR OTHER ELECTRONIC DEVICE CAPTURING THE PHOTOGRAPHIC EVIDENCE WAS ATTENDED OR UNATTENDED AT THE TIME IT CAPTURED THE PHOTOGRAPHIC EVIDENCE; AND TO DISGORGE ANY FINES COLLECTED IN VIOLATION OF SECTION 56-5-70.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3308 (Word version) -- Reps. Forrester, Allison, Parker and Brady: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT "JAIDON'S LAW" BY AMENDING SECTION 63-7-1680, AS AMENDED, RELATING TO THE CONTENTS, APPROVAL, AND AMENDMENT OF A PLACEMENT PLAN DEVELOPED BY THE DEPARTMENT OF SOCIAL SERVICES FOR A CHILD REMOVED FROM THE CUSTODY OF HIS OR HER PARENTS, SO AS TO FURTHER PROVIDE FOR THE VISITATION RIGHTS AND OBLIGATIONS OF THE PARENTS UNDER THE PLACEMENT PLAN; TO AMEND SECTION 63-7-1690, RELATING TO CONTENTS OF A PLACEMENT PLAN WHEN THE CONDITIONS FOR REMOVAL OF A CHILD FROM THE CUSTODY OF HIS OR HER PARENTS INCLUDE CONTROLLED SUBSTANCE ABUSE BY THE PARENTS, SO AS TO MAKE THE CONTENTS OF THE PLAN MANDATORY, RATHER THAN IN THE DISCRETION OF THE COURT; TO AMEND SECTION 63-7-1710, RELATING TO CIRCUMSTANCES UNDER WHICH THE DEPARTMENT OF SOCIAL SERVICES SHALL FILE A PETITION TO TERMINATE PARENTAL RIGHTS, SO AS TO PROVIDE THAT THE DEPARTMENT SHALL FILE THIS PETITION IF THE PARENT IS CONVICTED OF HOMICIDE BY CHILD ABUSE, OR AIDING OR ABETTING TO COMMIT HOMICIDE BY CHILD ABUSE, OF ANOTHER CHILD OF THE PARENT; TO PROVIDE THAT THE DEPARTMENT SHALL FILE THIS PETITION IF A PARENT FAILED THREE HAIR-STRAND DRUG TESTS OVER A NINE-MONTH PERIOD; AND TO PROVIDE THAT THE DEPARTMENT SHALL FILE SUCH A PETITION IF A PARENT FAILED TWICE IN A TWELVE-MONTH PERIOD TO COMPLY WITH THE TERMS OF A TREATMENT PLAN OR PLACEMENT PLAN; TO AMEND SECTION 63-7-1940, RELATING TO COURT-ORDERED PLACEMENT OF A PERSON IN THE CENTRAL REGISTRY FOR CHILD ABUSE AND NEGLECT, SO AS TO PROVIDE THAT THE COURT SHALL ORDER THAT A PERSON BE PLACED IN THE REGISTRY IF THE PERSON GAVE BIRTH TO THE CHILD AND THE CHILD TESTED POSITIVE FOR DRUGS; AND TO AMEND SECTION 63-7-2570, AS AMENDED, RELATING TO GROUNDS FOR TERMINATING PARENTAL RIGHTS, SO AS TO PROVIDE THAT TERMINATING THESE RIGHTS ON THE GROUNDS OF SEVERE AND REPETITIVE ABUSE OR NEGLECT INCLUDES HOSPITALIZATION OF A CHILD FOR MORE THAN FOURTEEN DAYS DUE TO ABUSE OR NEGLECT; TO INCLUDE IN THE GROUNDS FOR TERMINATING THESE RIGHTS A PARENT'S ADDICTION TO ALCOHOL OR ILLEGAL DRUGS OR PRESCRIPTION MEDICATION ABUSE WHEN THE PARENT'S ADDICTION IS UNLIKELY TO CHANGE WITHIN A REASONABLE TIME; AND TO PROVIDE AS A GROUND FOR TERMINATING THESE RIGHTS A PARENT BEING CONVICTED OF MURDER, VOLUNTARY MANSLAUGHTER, OR HOMICIDE BY CHILD ABUSE OF ANOTHER CHILD OF THE PARENT.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3400 (Word version) -- Rep. Weeks: A BILL TO AMEND SECTION 63-3-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURISDICTION OF THE FAMILY COURT IN CERTAIN MATTERS, SO AS TO PROVIDE THAT A CHILD SUPPORT OBLIGATION AUTOMATICALLY TERMINATES WHEN THE CHILD TURNS EIGHTEEN OR GRADUATES FROM HIGH SCHOOL, WHICHEVER IS SOONER.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3385 (Word version) -- Reps. D. C. Moss, V. S. Moss, Harrison, Delleney, Gambrell, Harrell, Hiott, Hixon, Lucas and Norman: A BILL TO AMEND SECTION 61-6-4160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL SALE OF ALCOHOLIC LIQUORS ON SUNDAYS AND ELECTION DAYS, SO AS TO INCLUDE CHRISTMAS DAY AND THANKSGIVING DAY IN THE PURVIEW OF THE STATUTE.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
S. 404 (Word version) -- Senators Campsen, McConnell, Land, Peeler, Alexander, Bryant, Campbell, Cleary, Coleman, Cromer, Davis, Elliott, Fair, Grooms, Hayes, Hutto, Jackson, Knotts, Leventis, Matthews, L. Martin, Massey, McGill, O'Dell, Pinckney, Rankin, Reese, Rose, Ryberg, Setzler, Sheheen, Thomas, Verdin, Williams, Lourie, Scott, Leatherman, Shoopman, Malloy, Bright and S. Martin: A BILL RELATING TO REFORM OF THE SOUTH CAROLINA ELECTION LAWS BY ENACTING THE "SOUTH CAROLINA UNIFORMED AND OVERSEAS CITIZENS ABSENTEE VOTERS ACT"; TO AMEND SECTION 7-15-400, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATIONS AND ISSUANCE OF WRITE-IN ABSENTEE BALLOTS, SO AS TO ALLOW A VOTER TO MAKE A STATEMENT ON A FEDERAL WRITE-IN ABSENTEE BALLOT THAT HE IS UNABLE TO VOTE BY REGULAR ABSENTEE BALLOT OR IN PERSON DUE TO THE REQUIREMENTS OF MILITARY SERVICE, LIVING IN AN ISOLATED AREA, OR AN EXTREMELY REMOTE AREA OF THE WORLD, AND TO ADD THAT A QUALIFIED ABSENTEE ELECTOR MAY ALTERNATIVELY SUBMIT A FEDERAL WRITE-IN ABSENTEE BALLOT FOR ANY FEDERAL, STATE, OR LOCAL OFFICE OR BALLOT INITIATIVE; TO ADD SECTION 7-15-406 TO ARTICLE 5, CHAPTER 13, TITLE 7, SO AS TO REQUIRE ALL ABSENTEE BALLOTS MUST BE MAILED TO THE ELECTOR AT LEAST FORTY-FIVE DAYS PRIOR TO ANY ELECTION; TO AMEND SECTION 7-15-460, RELATING TO ABSENTEE BALLOTS AS PROVIDED BY THE UNIFORMED AND OVERSEAS CITIZENS ABSENTEE VOTING ACT, SO AS TO MAKE THE PROVISIONS APPLICABLE TO FEDERAL, STATE, AND LOCAL OFFICES, AND TO REQUIRE THAT AN ELECTRONIC FREE ACCESS BALLOT TRACKING SYSTEM IS AVAILABLE TO ELECTORS; AND TO AMEND SECTION 7-15-220, RELATING TO THE SIGNING AND WITNESSING OF THE OATH BY THE ABSENTEE BALLOT APPLICANT, SO AS TO PROVIDE AN EXCEPTION FOR WITNESS REQUIREMENTS FOR VOTERS QUALIFIED UNDER THE UNIFORMED AND OVERSEAS CITIZENS ABSENTEE VOTERS ACT.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
S. 391 (Word version) -- Senators Campsen, Scott and Rose: A BILL TO AMEND SECTION 7-13-35, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NOTICE OF GENERAL, MUNICIPAL, SPECIAL, AND PRIMARY ELECTIONS, SO AS TO CHANGE THE TIME IN WHICH ABSENTEE BALLOTS MAY BE OPENED FROM 2:00 P.M. TO 9:00 A.M., AND TO PROVIDE FOR A DATE ON WHICH AN ELECTION WILL BE HELD IN THE EVENT THAT IT IS POSTPONED; TO AMEND SECTION 7-13-40, RELATING TO THE TIME OF PARTY PRIMARY, CERTIFICATION OF NAMES, VERIFICATION OF CANDIDATES' QUALIFICATIONS, AND THE FILING FEE, SO AS TO CHANGE THE DATE FROM APRIL NINTH TO APRIL FIFTH; TO AMEND SECTION 7-13-190, RELATING TO SPECIAL ELECTIONS TO FILL VACANCIES IN OFFICE, SO AS TO ADD A SUBSECTION THAT PROVIDES FOR THE DATE OF AN ELECTION WHEN THE GOVERNOR DECLARES A STATE OF EMERGENCY FOR A JURISDICTION; AND TO AMEND SECTION 7-13-350, RELATING TO THE CERTIFICATION OF CANDIDATES AND VERIFICATION OF QUALIFICATIONS, SO AS TO CHANGE THE CERTIFICATION DATE FOR CANDIDATES FOR PRESIDENT AND VICE PRESIDENT FROM SEPTEMBER TENTH TO THE FIRST TUESDAY FOLLOWING THE FIRST MONDAY OF SEPTEMBER.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
S. 420 (Word version) -- Senators McConnell, Peeler, Campbell, Rose and Ford: A BILL TO AMEND SECTION 1-23-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL ASSEMBLY REVIEW OF REGULATIONS, INCLUDING, AMONG OTHER THINGS, GROUNDS FOR EXEMPTION FROM REVIEW, SO AS TO PROVIDE THAT A REGULATION EXEMPT FROM GENERAL ASSEMBLY REVIEW BECAUSE IT WAS PROMULGATED TO COMPLY WITH FEDERAL LAW HAS THE SAME LEGAL STATUS AS THE FEDERAL LAW, SUCH THAT IF THE FEDERAL LAW IS VACATED OR OTHERWISE RENDERED WITHOUT LEGAL FORCE AND EFFECT THE STATE REGULATION IS SIMILARLY VACATED OR OTHERWISE RENDERED WITHOUT LEGAL FORCE AND EFFECT.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3676 (Word version) -- Reps. J. E. Smith, Clemmons, Dillard, Herbkersman, Limehouse and Mitchell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 23 TO TITLE 31 SO AS TO ENACT THE "SOUTH CAROLINA COMMUNITY LAND TRUST ACT OF 2011", TO DEFINE TERMS, MAKE FINDINGS, TO PROVIDE THAT THE PURPOSE OF A COMMUNITY LAND TRUST IS TO HOLD LEGAL AND EQUITABLE TITLE TO LAND TO THEN LEASE THE LAND TO PROMOTE AFFORDABILITY, TO PROVIDE THE MANNER IN WHICH COMMUNITY LAND TRUSTS ARE FUNDED, AND TO PROVIDE THE PROCESS BY WHICH COMMUNITY LAND TRUSTS OPERATE.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
S. 592 (Word version) -- Senators Hayes, Leventis, Cromer, Rose, Scott, Knotts, Alexander and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 25-1-3067 SO AS TO CREATE THE OFFENSE OF FRATERNIZATION; TO AMEND SECTION 25-1-10, RELATING TO THE STATE MILITARY CODE'S DEFINITIONS, SO AS TO DEFINE THE TERM "ORGANIZED MILITIA"; TO AMEND SECTION 25-1-40, RELATING TO THE APPLICABILITY OF THE UNIFORM CODE OF MILITARY JUSTICE, SO AS TO DELETE AN UNNECESSARY REFERENCE TO CAPITAL SENTENCES; TO AMEND SECTION 25-1-60, RELATING TO THE COMPOSITION AND CLASSES OF THE STATE MILITIA, SO AS TO CLARIFY THAT ACTIVE MEMBERS OF THE NATIONAL GUARD ARE NOT PART OF THE ORGANIZED MILITIA; TO AMEND SECTION 25-1-70, RELATING TO THE COMPOSITION OF THE NATIONAL GUARD, SO AS TO CLARIFY THE ADJUTANT GENERAL'S AUTHORITY TO ORGANIZE UNITS FOR STATE RECOGNIZED AND ORGANIZED POSITIONS; TO AMEND SECTION 25-1-120, RELATING TO MILITARY CORPORATIONS, SO AS TO CLARIFY THAT MILITARY CORPORATIONS ARE EXEMPT FROM FILING RETURNS WITH THE SOUTH CAROLINA DEPARTMENT OF REVENUE TO THE SAME EXTENT THEY ARE EXEMPT FROM FILING RETURNS WITH THE INTERNAL REVENUE SERVICE; TO AMEND SECTION 25-1-340, RELATING TO VACANCIES IN THE OFFICE OF THE ADJUTANT GENERAL, SO AS TO PROVIDE THAT AN INTERIM APPOINTEE SHALL HOLD THE RANK OF COLONEL OR HIGHER; TO AMEND SECTION 25-1-635, RELATING TO LEGAL ASSISTANCE SERVICES, SO AS TO CLARIFY THE PERSONAL LIABILITY EXEMPTION; TO AMEND SECTION 25-1-830, RELATING TO OFFICER SELECTION BOARDS, SO AS TO INCLUDE REFERENCES TO FEDERAL PERSONNEL ACTS; TO AMEND SECTION 25-1-1370, RELATING TO MAINTENANCE ALLOWANCES, SO AS TO PROVIDE THAT THESE FUNDS MUST BE DEPOSITED IN STATE ACCOUNTS FOR MILITARY DEPARTMENT OPERATIONS AND MAINTENANCE; TO AMEND SECTION 25-1-2420, RELATING TO CODE OF MILITARY JUSTICE DEFINITIONS, SO AS TO PROVIDE THAT THE TERM "STATE JUDGE ADVOCATE" MEANS A FEDERALLY RECOGNIZED NATIONAL GUARD JUDGE ADVOCATE; TO AMEND SECTION 25-1-2450, RELATING TO THE APPOINTMENT OF THE STATE JUDGE ADVOCATE, SO AS TO PROVIDE THAT THE STATE JUDGE ADVOCATE MUST BE FEDERALLY RECOGNIZED AS A JUDGE ADVOCATE; TO AMEND SECTION 25-1-2455, RELATING TO THE APPOINTMENT OF THE STATE MILITARY JUDGE, SO AS TO REQUIRE MEMBERSHIP AND GOOD STANDING IN THE SOUTH CAROLINA BAR; TO AMEND SECTION 25-1-2520, RELATING TO NONJUDICIAL DISCIPLINARY PUNISHMENT, SO AS TO ALLOW THE DELEGATION OF NONJUDICIAL PUNISHMENT AUTHORITY IN CERTAIN SITUATIONS; TO AMEND SECTION 25-1-2550, RELATING TO GENERAL COURTS-MARTIAL JURISDICTION, SO AS TO INCREASE THE COURT'S PUNISHMENT AUTHORITY; TO AMEND SECTION 25-1-2560, RELATING TO SPECIAL COURTS-MARTIAL JURISDICTION, SO AS TO INCREASE THE COURT'S PUNISHMENT AUTHORITY; TO AMEND SECTION 25-1-2570, RELATING TO SUMMARY COURTS-MARTIAL JURISDICTION, SO AS TO INCREASE THE COURT'S PUNISHMENT AUTHORITY; TO AMEND SECTION 25-1-2580, RELATING TO THE APPOINTMENT OF GENERAL COURTS-MARTIAL, SO AS TO PROVIDE THAT APPOINTMENT AUTHORITY MAY BE DELEGATED TO THE ADJUTANT GENERAL UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 25-1-2600, RELATING TO THE APPOINTMENT OF SUMMARY COURTS-MARTIAL, SO AS TO PROVIDE THAT APPOINTMENT AUTHORITY MAY BE DELEGATED UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 25-1-2630, RELATING TO THE DETAIL OF TRIAL AND DEFENSE COUNSEL, SO AS TO CLARIFY THE STATE JUDGE ADVOCATE'S APPOINTMENT AUTHORITY; TO AMEND SECTION 25-1-2640, RELATING TO THE RECORDING OF PROCEEDINGS, SO AS TO PROVIDE THAT A QUALIFIED COURT REPORTER MAY BE HIRED TO RECORD COURT-MARTIAL PROCEEDINGS; TO AMEND SECTION 25-1-2910, RELATING TO FRAUDULENT ENLISTMENTS, APPOINTMENTS, OR SEPARATIONS, SO AS TO PROVIDE JURISDICTION OVER SERVICEMEMBERS WHO COMMIT WILFUL MISCONDUCT TO INTENTIONALLY CAUSE THEIR SEPARATION; TO AMEND SECTION 25-1-3025, RELATING TO THE OFFENSE OF MALINGERING, SO AS TO PROVIDE JURISDICTION OVER SERVICEMEMBERS WHO COMMIT, PERFORM, OR UNDERTAKE SERVICE DISQUALIFYING ACTIVITIES; TO AMEND SECTION 25-1-3065, RELATING TO THE OFFENSE OF CONDUCT UNBECOMING AN OFFICER, SO AS TO DELETE THE ELEMENT THAT THE ACCUSED BE A COMMISSIONED OFFICER; AND TO AMEND SECTION 25-1-3160, RELATING TO CONSTRUCTION OF THE UNIFORM CODE OF MILITARY JUSTICE, SO AS TO ALLOW THE ADJUTANT GENERAL TO ESTABLISH PROCEDURES TO CONFORM STATE MILITARY JUDICIAL PROCEEDINGS WITH STATE CIRCUIT COURT PROCEEDINGS.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
S. 20 (Word version) -- Senators Grooms, McConnell, Thomas, Alexander, Leatherman, Knotts, Bryant, Hayes, Rose, Verdin, S. Martin, Peeler, L. Martin, Fair, Ryberg, Cromer, Campsen, Davis, Shoopman, Rankin and Bright: A BILL TO AMEND CHAPTER 1, TITLE 23 OF THE 1976 CODE, BY ADDING SECTION 23-1-250 TO PROVIDE THAT WHERE A LAW ENFORCEMENT OFFICER HAS REASONABLE SUSPICION THAT A PERSON STOPPED, DETAINED, OR ARRESTED BY LAW ENFORCEMENT IS AN ALIEN UNLAWFULLY IN THE UNITED STATES, THE OFFICER OR HIS AGENCY MUST FOLLOW CERTAIN PROCEDURES TO VERIFY HIS IMMIGRATION STATUS; AND TO AMEND ARTICLE 5, CHAPTER 9, TITLE 16, BY ADDING SECTION 16-9-480 TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON UNLAWFULLY IN THE UNITED STATES TO SOLICIT OR ATTEMPT TO SOLICIT WORK, AND TO PROVIDE PROCEDURES FOR VERIFYING IMMIGRATION STATUS.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
S. 748 (Word version) -- Judiciary Committee: A CONCURRENT RESOLUTION TO APPROVE THE AMENDMENTS TO THE RULES OF PROCEDURE OF THE SOUTH CAROLINA ADMINISTRATIVE LAW COURT, AS PROMULGATED BY THE ADMINISTRATIVE LAW COURT AND SUBMITTED TO THE GENERAL ASSEMBLY PURSUANT TO THE PROVISIONS OF SECTION 1-23-650 OF THE 1976 CODE AND SECTION 4A, ARTICLE V OF THE CONSTITUTION OF THIS STATE.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
S. 753 (Word version) -- Judiciary Committee: A CONCURRENT RESOLUTION TO APPROVE THE AMENDMENTS TO RULE 4 AND RULE 10 OF THE OFFICE OF MOTOR VEHICLE HEARINGS OF THE ADMINISTRATIVE LAW COURT, AS PROMULGATED BY THE CHIEF JUDGE OF THE ADMINISTRATIVE LAW COURT AND SUBMITTED TO THE GENERAL ASSEMBLY PURSUANT TO THE PROVISIONS OF SECTION 1-23-660 OF THE 1976 CODE AND SECTION 4A, ARTICLE V OF THE CONSTITUTION OF THIS STATE.
Ordered for consideration tomorrow.
The following was introduced:
H. 4227 (Word version) -- Reps. Gilliard, Stavrinakis, Sottile, R. L. Brown, Mack, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bikas, Bingham, Bowen, Bowers, Brady, Branham, Brannon, Brantley, G. A. Brown, H. B. Brown, Butler Garrick, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, Cooper, Corbin, Crawford, Crosby, Daning, Delleney, Dillard, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Govan, Hamilton, Hardwick, Harrell, Harrison, Hart, Hayes, Hearn, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, McCoy, McEachern, McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parker, Parks, Patrick, Pinson, Pitts, Pope, Quinn, Rutherford, Ryan, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Spires, Stringer, Tallon, Taylor, Thayer, Toole, Tribble, Umphlett, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams, Willis and Young: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE EMPLOYEES OF COMCAST OF CHARLESTON FOR TEN YEARS OF DEDICATED VOLUNTEER SERVICE TO THE COMMUNITY THROUGH THE OUTSTANDING EFFORTS OF COMCAST CARES DAY.
The Resolution was adopted.
The following was introduced:
H. 4228 (Word version) -- Reps. G. R. Smith, Bedingfield, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Battle, Bikas, Bingham, Bowen, Bowers, Brady, Branham, Brannon, Brantley, G. A. Brown, H. B. Brown, R. L. Brown, Butler Garrick, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, Cooper, Corbin, Crawford, Crosby, Daning, Delleney, Dillard, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Gilliard, Govan, Hamilton, Hardwick, Harrell, Harrison, Hart, Hayes, Hearn, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parker, Parks, Patrick, Pinson, Pitts, Pope, Quinn, Rutherford, Ryan, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, J. E. Smith, J. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Tribble, Umphlett, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams, Willis and Young: A HOUSE RESOLUTION TO HONOR AND RECOGNIZE THE ATHLETIC ACCOMPLISHMENTS OF STEPHANIE DEVITA FROM HILLCREST HIGH SCHOOL IN SIMPSONVILLE, AND TO CONGRATULATE HER UPON BEING NAMED THE 2010-2011 GATORADE SOUTH CAROLINA GIRLS SOCCER PLAYER OF THE YEAR.
The Resolution was adopted.
The following was introduced:
H. 4229 (Word version) -- Reps. Limehouse, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bikas, Bingham, Bowen, Bowers, Brady, Branham, Brannon, Brantley, G. A. Brown, H. B. Brown, R. L. Brown, Butler Garrick, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, Cooper, Corbin, Crawford, Crosby, Daning, Delleney, Dillard, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Gilliard, Govan, Hamilton, Hardwick, Harrell, Harrison, Hart, Hayes, Hearn, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, King, Knight, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parker, Parks, Patrick, Pinson, Pitts, Pope, Quinn, Rutherford, Ryan, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Tribble, Umphlett, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams, Willis and Young: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR EDITH HERNDON ANTHONY PURVIS CROSS, UPON THE OCCASION OF HER RETIREMENT, FOR HER YEARS OF DEDICATED SERVICE TO THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES, AND TO WISH HER CONTINUED SUCCESS AND HAPPINESS IN THE YEARS AHEAD.
Whereas, the members of the House of Representatives of the State of South Carolina are pleased to learn that Edith Herndon Anthony Purvis "Edie" Cross began a much-deserved retirement on April 14, 2011; and
Whereas, a graduate of Dreher High School where she was voted student body president, Edie Cross went on to earn a bachelor's degree from the University of South Carolina and studied at the London School of Economics; and
Whereas, Edie worked for Standard Federal Savings and Loan and was the Executive Secretary of the South Carolina Medical Association prior to her service with the House of Representatives; and
Whereas, for more than sixteen years, she has served with distinction, first with Representative Elsie Rast Stuart, then as the Executive Director for the Women's Caucus, and most recently as a legislative aide for Representatives Chip Limehouse, Peter McCoy, Kit Spires, and Mark Willis; and
Whereas, in addition to her exemplary career, she is a member and past regent of the University Chapter of the Daughters of the American Revolution, and she is the author of the Gallant Gladden, giving guest lectures on General Gladden's role in the Mexican and Civil wars; and
Whereas, an avid gardener and an award-winning member of the Camellia Society, Edie creates beautiful floral arrangements for meetings and other special events; and
Whereas, she served as coordinator of the South Carolina Women Honor Valor, a year-long celebration honoring America's greatest heroes, the recipients of the Medal of Honor, that began on January 20, 2010; and
Whereas, throughout the Capitol Complex, Edie Cross is known for her pleasant and helpful demeanor, her computer and graphics skills, and her dauntless work ethic; and
Whereas, she is the widow of Howard A. Purvis and has one daughter, Cheryl P. Lechnar, a professor at Nova Southeast Medical School in Florida; on September 4, 2010, Edie married Andrew Herbert Cross, Sr., after many years of courtship, and they enjoy traveling, gardening, history, and dancing; and
Whereas, the members of the South Carolina House of Representatives are grateful for the years of service that Edie Purvis Cross has given to the South Carolina House of Representatives, and wish her much prosperity in her well-earned retirement. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives of the State of South Carolina, by this resolution, recognize and honor Edith Herndon Anthony Purvis Cross, upon the occasion of her retirement, for her years of dedicated service to the South Carolina House of Representatives, and wish her continued success and happiness in the years ahead.
Be it further resolved that a copy of this resolution be presented to Edith Herndon Anthony Purvis Cross.
The Resolution was adopted.
The following was introduced:
H. 4230 (Word version) -- Reps. Parks, Pinson, Pitts, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bikas, Bingham, Bowen, Bowers, Brady, Branham, Brannon, Brantley, G. A. Brown, H. B. Brown, R. L. Brown, Butler Garrick, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, Cooper, Corbin, Crawford, Crosby, Daning, Delleney, Dillard, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Gilliard, Govan, Hamilton, Hardwick, Harrell, Harrison, Hart, Hayes, Hearn, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parker, Patrick, Pope, Quinn, Rutherford, Ryan, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Tribble, Umphlett, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams, Willis and Young: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR MAMIE B. JONES, UPON THE OCCASION OF HER RETIREMENT, FOR HER YEARS OF DEDICATED SERVICE AS AN EDUCATOR, AND TO WISH HER CONTINUED SUCCESS AND HAPPINESS IN THE YEARS AHEAD.
The Resolution was adopted.
The following was introduced:
H. 4231 (Word version) -- Reps. Pinson, Parks, Pitts, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bikas, Bingham, Bowen, Bowers, Brady, Branham, Brannon, Brantley, G. A. Brown, H. B. Brown, R. L. Brown, Butler Garrick, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, Cooper, Corbin, Crawford, Crosby, Daning, Delleney, Dillard, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Gilliard, Govan, Hamilton, Hardwick, Harrell, Harrison, Hart, Hayes, Hearn, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parker, Patrick, Pope, Quinn, Rutherford, Ryan, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Tribble, Umphlett, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams, Willis and Young: A HOUSE RESOLUTION TO RECOGNIZE THAT JOHN THOMAS NAVE SET AN EXAMPLE OF LEADERSHIP, INTEGRITY, HONOR, DISCIPLINE, AND SPORTSMANSHIP FOR THE CITIZENS OF GREENWOOD COUNTY, ESPECIALLY THE YOUNG BASEBALL PLAYERS WHOSE LIVES HE TOUCHED.
The Resolution was adopted.
The following was introduced:
H. 4232 (Word version) -- Reps. Toole, Bingham, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bikas, Bowen, Bowers, Brady, Branham, Brannon, Brantley, G. A. Brown, H. B. Brown, R. L. Brown, Butler Garrick, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, Cooper, Corbin, Crawford, Crosby, Daning, Delleney, Dillard, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Gilliard, Govan, Hamilton, Hardwick, Harrell, Harrison, Hart, Hayes, Hearn, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parker, Parks, Patrick, Pinson, Pitts, Pope, Quinn, Rutherford, Ryan, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tribble, Umphlett, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams, Willis and Young: A HOUSE RESOLUTION TO RECOGNIZE AND CONGRATULATE LOVE CHEVROLET OF COLUMBIA ON ITS FIFTIETH ANNIVERSARY AND TO COMMEND ITS OWNERS AND STAFF FOR A HALF CENTURY OF FINE SERVICE TO THE MIDLANDS OF SOUTH CAROLINA.
The Resolution was adopted.
The following was introduced:
H. 4233 (Word version) -- Reps. Brantley, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bikas, Bingham, Bowen, Bowers, Brady, Branham, Brannon, G. A. Brown, H. B. Brown, R. L. Brown, Butler Garrick, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, Cooper, Corbin, Crawford, Crosby, Daning, Delleney, Dillard, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Gilliard, Govan, Hamilton, Hardwick, Harrell, Harrison, Hart, Hayes, Hearn, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parker, Parks, Patrick, Pinson, Pitts, Pope, Quinn, Rutherford, Ryan, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Tribble, Umphlett, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams, Willis and Young: A HOUSE RESOLUTION TO EXPRESS SINCERE SORROW OF THE HOUSE OF REPRESENTATIVES UPON THE PASSING OF MARY T. ZINNERMAN OF JASPER COUNTY, AND TO EXTEND DEEPEST SYMPATHY TO HER LARGE AND LOVING FAMILY AND TO HER MANY FRIENDS.
The Resolution was adopted.
The following was introduced:
H. 4234 (Word version) -- Reps. Mitchell, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bikas, Bingham, Bowen, Bowers, Brady, Branham, Brannon, Brantley, G. A. Brown, H. B. Brown, R. L. Brown, Butler Garrick, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, Cooper, Corbin, Crawford, Crosby, Daning, Delleney, Dillard, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Gilliard, Govan, Hamilton, Hardwick, Harrell, Harrison, Hart, Hayes, Hearn, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McLeod, Merrill, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parker, Parks, Patrick, Pinson, Pitts, Pope, Quinn, Rutherford, Ryan, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Tribble, Umphlett, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams, Willis and Young: A HOUSE RESOLUTION TO CONGRATULATE CINDY HRAY OF SPARTANBURG COUNTY ON THE OCCASION OF HER RETIREMENT, TO COMMEND HER FOR HER YEARS OF DEDICATED SERVICE TO THE YOUTH OF SOUTH CAROLINA AS AN EDUCATOR, AND TO WISH HER FULFILLMENT AND EVERY HAPPINESS IN HER FUTURE ENDEAVORS.
The Resolution was adopted.
The following was introduced:
H. 4235 (Word version) -- Reps. Brady, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bikas, Bingham, Bowen, Bowers, Branham, Brannon, Brantley, G. A. Brown, H. B. Brown, R. L. Brown, Butler Garrick, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, Cooper, Corbin, Crawford, Crosby, Daning, Delleney, Dillard, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Gilliard, Govan, Hamilton, Hardwick, Harrell, Harrison, Hart, Hayes, Hearn, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parker, Parks, Patrick, Pinson, Pitts, Pope, Quinn, Rutherford, Ryan, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Tribble, Umphlett, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams, Willis and Young: A HOUSE RESOLUTION TO CONGRATULATE BARBARA BRACEY OF RICHLAND COUNTY ON THE OCCASION OF HER RETIREMENT, TO COMMEND HER FOR TWENTY-SEVEN YEARS OF DEDICATED SERVICE TO THE YOUTH OF SOUTH CAROLINA AS A SPECIAL EDUCATION TEACHER, AND TO WISH HER FULFILLMENT AND EVERY HAPPINESS IN HER FUTURE ENDEAVORS.
The Resolution was adopted.
The Senate sent to the House the following:
S. 894 (Word version) -- Senator Hutto: A CONCURRENT RESOLUTION TO HONOR BROADUS JAMES JAMERSON III OF ORANGEBURG COUNTY, EXECUTIVE DIRECTOR OF THE SOUTH CAROLINA STATE EMPLOYEES ASSOCIATION, UPON HIS RETIREMENT, TO THANK HIM FOR HIS MORE THAN THIRTY YEARS OF DEDICATED SERVICE TO THE ASSOCIATION, AND TO WISH HIM MUCH FULFILLMENT AND SUCCESS IN ALL HIS FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 897 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR MRS. YVETTE ROWLAND FOR HER MANY YEARS OF OUTSTANDING SERVICE TO THE STATE OF SOUTH CAROLINA AS MANAGER OF THE STATE HOUSE TOUR OFFICE AND TO WISH HER WELL IN ALL HER FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4236 (Word version) -- Reps. Mitchell and Loftis: A JOINT RESOLUTION TO ESTABLISH THE SOUTH CAROLINA EQUITABLE REDEVELOPMENT COMMISSION AND TO PROVIDE FOR THE MEMBERSHIP OF THE COMMISSION AND ITS DUTIES AND FUNCTIONS.
On motion of Rep. MITCHELL, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
H. 4237 (Word version) -- Reps. King, Hart, Rutherford, Bannister and Howard: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-53-65 SO AS TO PROVIDE A BAIL BONDSMAN OR RUNNER MAY ASSIST ANOTHER BAIL BONDSMAN IN THE APPREHENSION, ARREST, AND SURRENDER OF THE DEFENDANT EVEN IF THE ASSISTING BAIL BONDSMAN OR RUNNER IS NOT EMPLOYED OR APPOINTED BY THE BAIL BONDSMAN WHO IS SURETY FOR THE DEFENDANT.
Referred to Committee on Judiciary
H. 4238 (Word version) -- Reps. Stavrinakis, Limehouse, H. B. Brown, Gilliard, Merrill, Bannister, Sottile, Patrick, Brady, Quinn, Murphy, Sellers, Cobb-Hunter, Harrell, Herbkersman, Mack, Ott, J. E. Smith and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-1-75 SO AS TO ESTABLISH A HIGH SPEED RAIL SYSTEM COMMISSION TO EXAMINE AND DEVELOP A PLAN FOR ACTION FOR A HIGH SPEED RAIL SYSTEM IN THIS STATE, TO PROVIDE FOR THE DUTIES OF THE COMMISSION, AND TO REQUIRE THE COMMISSION TO REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY BY JANUARY 1, 2013.
Referred to Committee on Labor, Commerce and Industry
Rep. YOUNG moved to reconsider the vote whereby debate was adjourned on the following Bill until Thursday, May 19, which was agreed to:
H. 3164 (Word version) -- Reps. Young, G. R. Smith, Taylor, Forrester, Patrick, Bowers, Brannon and Clemmons: A BILL TO AMEND SECTION 56-1-176, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHOOL ATTENDANCE CONDITIONS ASSOCIATED WITH THE ISSUANCE OF CONDITIONAL AND SPECIAL RESTRICTED DRIVER'S LICENSES, SO AS TO PROVIDE THAT THESE AND ADDITIONAL CONDITIONS SHALL APPLY TO THE ISSUANCE OR REINSTATEMENT OF A BEGINNER'S PERMIT, CONDITIONAL DRIVER'S LICENSE, SPECIAL RESTRICTED DRIVER'S LICENSE, AND A REGULAR DRIVER'S LICENSE ISSUED TO A PERSON LESS THAN EIGHTEEN YEARS OF AGE; BY ADDING SECTION 56-1-177 SO AS TO PROVIDE THAT A MINOR'S PRIVILEGE TO DRIVE MUST BE SUSPENDED UNDER CERTAIN CIRCUMSTANCES; AND BY ADDING SECTION 56-1-46 SO AS TO PROVIDE A PENALTY FOR A PERSON WHO DRIVES A MOTOR VEHICLE WHEN HIS LICENSE TO DRIVE HAS BEEN SUSPENDED, CANCELLED, REVOKED, OR DENIED PURSUANT TO CERTAIN PROVISIONS.
The following Bill was taken up:
H. 3164 (Word version) -- Reps. Young, G. R. Smith, Taylor, Forrester, Patrick, Bowers, Brannon and Clemmons: A BILL TO AMEND SECTION 56-1-176, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHOOL ATTENDANCE CONDITIONS ASSOCIATED WITH THE ISSUANCE OF CONDITIONAL AND SPECIAL RESTRICTED DRIVER'S LICENSES, SO AS TO PROVIDE THAT THESE AND ADDITIONAL CONDITIONS SHALL APPLY TO THE ISSUANCE OR REINSTATEMENT OF A BEGINNER'S PERMIT, CONDITIONAL DRIVER'S LICENSE, SPECIAL RESTRICTED DRIVER'S LICENSE, AND A REGULAR DRIVER'S LICENSE ISSUED TO A PERSON LESS THAN EIGHTEEN YEARS OF AGE; BY ADDING SECTION 56-1-177 SO AS TO PROVIDE THAT A MINOR'S PRIVILEGE TO DRIVE MUST BE SUSPENDED UNDER CERTAIN CIRCUMSTANCES; AND BY ADDING SECTION 56-1-46 SO AS TO PROVIDE A PENALTY FOR A PERSON WHO DRIVES A MOTOR VEHICLE WHEN HIS LICENSE TO DRIVE HAS BEEN SUSPENDED, CANCELLED, REVOKED, OR DENIED PURSUANT TO CERTAIN PROVISIONS.
Reps. STAVRINAKIS and YOUNG proposed the following Amendment No. 5 (COUNCIL\BBM\10254HTC11), which was adopted:
Amend the bill, as and if amended, in Section 56-1-176, as contained in SECTION 1, page 4, by striking subsections (F) and (G) on lines 1 through 28, and inserting:
/ (F) The suspension of driving privileges as provided in this section shall end upon the date of such minor's eighteenth birthday unless such minor can show that the minor complies with the requirements of subitems (A)(1) and (A)(2) of this section. /
Amend further, as and if amended, by striking Section 56-1-46, as contained in SECTION 3, page 5, and inserting:
/ Section 56-1-46. A person who drives a motor vehicle on a public highway of this State when his license to drive has been suspended, cancelled, revoked, or denied pursuant to Section 56-1-176 or 56-1-177:
(1) is guilty of violating Section 56-1-440;
(2) is subject to a civil fine not to exceed one hundred dollars;
(3) must not be penalized pursuant to the provisions contained in Section 56-1-460; and
(4) must not be subject to any administrative suspension associated with driving with a suspended driver's license."/
Renumber sections to conform.
Amend title to conform.
Rep. STAVRINAKIS explained the amendment.
The amendment was then adopted.
Rep. SKELTON spoke against the Bill.
The question then recurred to the passage of the Bill.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Atwater Bannister Barfield Bedingfield Bikas Bingham Bowen Bowers Brady Brannon Clemmons Clyburn Cole Crawford Daning Edge Erickson Forrester Gambrell Govan Hamilton Hardwick Harrell Harrison Hixon Limehouse Long Lowe McCoy Merrill V. S. Moss Munnerlyn Murphy Nanney J. M. Neal Neilson Norman Owens Parker Patrick Pope Quinn Ryan Simrill G. R. Smith J. R. Smith Sottile Stavrinakis Tallon Taylor Toole Viers Willis Young
Those who voted in the negative are:
Agnew Allen Anderson Anthony Bales Battle G. A. Brown H. B. Brown Butler Garrick Chumley Cobb-Hunter Cooper Corbin Delleney Dillard Frye Funderburk Gilliard Hayes Hiott Hodges Horne Hosey Howard Huggins Jefferson Johnson King Knight Loftis Lucas Mack McEachern McLeod Mitchell D. C. Moss J. H. Neal Ott Parks Pinson Pitts Sabb Sandifer Skelton G. M. Smith J. E. Smith Spires Thayer Tribble Weeks Whipper White Whitmire Williams
So, the Bill, as amended, was read the second time and ordered to third reading.
I was temporarily out of the Chamber on constituent business during the vote on H. 3164. If I had been present, I would have voted in favor of the Bill.
Rep. Nathan Ballentine
Rep. COOPER moved to reconsider the vote whereby debate was adjourned on the following Joint Resolution until Thursday, May 19, which was agreed to:
S. 793 (Word version) -- Senators Alexander and Bryant: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FOR FISCAL YEAR 2011-2012 TO TEMPORARILY SUSPEND ENFORCEMENT OF CERTAIN PROVISIONS OF THE MEDICAID NURSING HOME PERMIT LAW AND TO SET CERTAIN NURSING HOME STAFFING STANDARDS IN ORDER TO MEET APPROPRIATIONS.
The following Joint Resolution was taken up:
S. 793 (Word version) -- Senators Alexander and Bryant: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FOR FISCAL YEAR 2011-2012 TO TEMPORARILY SUSPEND ENFORCEMENT OF CERTAIN PROVISIONS OF THE MEDICAID NURSING HOME PERMIT LAW AND TO SET CERTAIN NURSING HOME STAFFING STANDARDS IN ORDER TO MEET APPROPRIATIONS.
Rep. COOPER explained the Joint Resolution.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Agnew Anderson Anthony Atwater Bales Bannister Barfield Battle Bedingfield Bingham Bowen Brady Brantley G. A. Brown H. B. Brown R. L. Brown Butler Garrick Chumley Clemmons Clyburn Cobb-Hunter Cole Cooper Corbin Crawford Edge Forrester Frye Gambrell Gilliard Govan Hamilton Hardwick Harrell Harrison Hayes Hearn Henderson Herbkersman Hiott Hixon Hodges Hosey Howard Huggins Jefferson Johnson King Limehouse Loftis Lowe Lucas Mack McCoy Merrill Mitchell D. C. Moss V. S. Moss Munnerlyn Murphy Nanney J. M. Neal Ott Owens Parker Patrick Pinson Pitts Rutherford Ryan Sabb Sandifer Skelton G. M. Smith G. R. Smith J. R. Smith Sottile Spires Stavrinakis Tallon Taylor Thayer Toole Tribble Viers Weeks Whipper White Whitmire Willis Young
Those who voted in the negative are:
Allen Allison Bikas Bowers Delleney Dillard Erickson Funderburk Horne Knight McEachern McLeod J. H. Neal Norman Parks Pope Simrill J. E. Smith
So, the Joint Resolution was read the second time and ordered to third reading.
Rep. CLEMMONS moved to reconsider the vote whereby debate was adjourned on the following Bill until Thursday, May 19, which was agreed to:
H. 3028 (Word version) -- Reps. Clemmons, Taylor, Clyburn and Long: A BILL TO AMEND SECTION 59-26-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INDUCTION, ANNUAL, AND CONTINUING CONTRACTS FOR TEACHERS, SO AS TO INCREASE THE INDUCTION CONTRACT PERIOD FROM ONE YEAR TO FIVE YEARS.
The following Bill was taken up:
H. 3028 (Word version) -- Reps. Clemmons, Taylor, Clyburn and Long: A BILL TO AMEND SECTION 59-26-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INDUCTION, ANNUAL, AND CONTINUING CONTRACTS FOR TEACHERS, SO AS TO INCREASE THE INDUCTION CONTRACT PERIOD FROM ONE YEAR TO FIVE YEARS.
The Education and Public Works Committee proposed the following Amendment No. 1 (COUNCIL\AGM\19006BH11), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 59-26-40(C) of the 1976 Code, as last amended by Act 283 of 2004, is further amended to read:
"(C) At the end of each of the first two years of the three-year induction period, the district may employ the teacher under another induction contract or may terminate his employment. If employment is terminated, the teacher may seek employment in another school district at the induction contract level. At the end of the one-year three-year induction contract period, a teacher shall become eligible for employment at the annual contract level. At the discretion of the local school district in which the induction teacher was employed, the district may employ the teacher under an annual contract or the district may terminate his employment. If employment is terminated, the teacher may seek employment in another school district at the annual contract level. A person must not be employed as an induction teacher for more than one year three years. This subsection does not preclude his employment under an emergency certificate in extraordinary circumstances if the employment is approved by the State Board of Education. During the induction contract period, the employment dismissal provisions of Article 3, Chapter 19 and Article 5, Chapter 25 of this title do not apply."
SECTION 2. Section 59-26-40(J) of the 1976 Code, as last amended by Act 283 of 2004, is further amended to read:
"(J) After successfully completing an a three-year induction contract year period and an annual contract period, a teacher shall become eligible for employment at the continuing contract level. This contract status is transferable to any district in this State. A continuing contract teachers teacher shall have full procedural rights that currently exist under law relating to employment and dismissal. Teachers A teacher employed under a continuing contracts contract must be evaluated on a continuous basis. At the discretion of the local district and based on an individual teacher's needs and past performance, the evaluation may be formal or informal. Formal evaluations must be conducted with a process developed or adopted by the local district in accordance with State Board of Education regulations. The formal process also must include an individualized professional growth plan established by the school or district. Professional growth plans must be supportive of district strategic plans and school renewal plans. Informal evaluations which should be conducted for accomplished teachers who have consistently performed at levels required by state standards, must be conducted with a goals-based process in accordance with State Board of Education regulations. The professional development goals must be established by the teacher in consultation with a building administrator and must be supportive of district strategic plans and school renewal plans."
SECTION 3. Section 59-26-40(L) of the 1976 Code, as last amended by Act 283 of 2004, is further amended to read:
"(L) Teachers A teacher certified under the career and technology education work-based certification process are is exempt from the provisions of the South Carolina Education Improvement Act of 1984 which require the completion of scholastic requirements for teaching at an approved college or university. After completing an the induction contract three-year period, the teachers teacher may be employed for a maximum of four years under an annual contracts contract to establish their his eligibility for employment as a continuing contract teachers teacher. Before being eligible for a continuing contract, these teachers a teacher shall pass a basic skills examination developed in accordance with Section 59-26-30, a state approved skill assessment in their his area, and the performance evaluations as required for teachers who are employed under annual contracts. Certification renewal requirements for these teachers are those promulgated by the State Board of Education."
SECTION 4. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. CLEMMONS explained the amendment.
Rep. TAYLOR demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Atwater Ballentine Bannister Barfield Bedingfield Bikas Bingham Bowen Brady Chumley Clemmons Cole Cooper Corbin Crawford Crosby Daning Delleney Edge Erickson Forrester Gambrell Hamilton Hardwick Harrell Harrison Hearn Henderson Herbkersman Hiott Hixon Huggins Limehouse Loftis Long Lucas McCoy Merrill D. C. Moss V. S. Moss Murphy Nanney J. M. Neal Neilson Norman Owens Patrick Pitts Pope Quinn Ryan Sandifer Simrill Skelton G. M. Smith G. R. Smith J. R. Smith Sottile Spires Stavrinakis Tallon Taylor Thayer Toole Tribble White Whitmire Willis Young
Those who voted in the negative are:
Agnew Allen Allison Anderson Anthony Bales Battle Bowers Brantley H. B. Brown R. L. Brown Butler Garrick Clyburn Cobb-Hunter Dillard Frye Funderburk Gilliard Govan Hayes Hodges Horne Hosey Howard Jefferson Johnson King Mack McEachern McLeod Mitchell Munnerlyn J. H. Neal Ott Parker Parks Pinson Rutherford Sabb J. E. Smith Weeks Whipper Williams
So, the amendment was adopted.
Rep. GOVAN spoke against the Bill.
The question then recurred to the passage of the Bill.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Atwater Ballentine Bannister Barfield Bedingfield Bikas Bingham Bowen Brady Clemmons Cole Cooper Corbin Crawford Crosby Daning Delleney Edge Erickson Forrester Frye Gambrell Hamilton Hardwick Harrell Hearn Henderson Hiott Hixon Huggins Limehouse Loftis Long Lucas McCoy Merrill D. C. Moss V. S. Moss Murphy Nanney J. M. Neal Norman Owens Patrick Pitts Pope Quinn Ryan Sandifer Simrill G. M. Smith G. R. Smith J. R. Smith Sottile Spires Stavrinakis Tallon Taylor Thayer Toole Tribble Viers White Whitmire Willis Young
Those who voted in the negative are:
Agnew Allen Allison Anderson Anthony Bales Battle Bowers Brantley H. B. Brown R. L. Brown Butler Garrick Cobb-Hunter Dillard Funderburk Gilliard Govan Hayes Hodges Horne Hosey Howard Jefferson Johnson King Knight Mack McEachern McLeod Mitchell J. H. Neal Neilson Ott Parker Parks Pinson Rutherford Sabb Skelton J. E. Smith Weeks Whipper Williams
So, the Bill, as amended, was read the second time and ordered to third reading.
The motion period was dispensed with on motion of Rep. SANDIFER.
The following Bill was taken up:
H. 4042 (Word version) -- Reps. Harrison, Brady, Pinson, H. B. Brown, Munnerlyn, Viers, Horne and Hardwick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-31 SO AS TO MAKE IT AN UNFAIR TRADE PRACTICE FOR A MOTOR VEHICLE GLASS REPAIR BUSINESS THAT ADMINISTERS INSURANCE CLAIMS FOR MOTOR VEHICLE GLASS REPAIRS TO HAVE AN INSURED'S GLASS REPAIR BUSINESS REFERRED TO ITSELF OR TO USE INFORMATION TO SOLICIT BUSINESS.
Rep. BRADY spoke in favor of the Bill.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Agnew Alexander Allen Allison Anderson Anthony Atwater Bales Ballentine Bannister Barfield Battle Bedingfield Bingham Bowen Bowers Brady Brantley H. B. Brown Butler Garrick Chumley Clemmons Cobb-Hunter Cole Cooper Corbin Crawford Crosby Daning Delleney Dillard Edge Erickson Forrester Frye Funderburk Gambrell Gilliard Govan Hamilton Hardwick Harrison Hayes Hearn Henderson Herbkersman Hixon Hodges Horne Hosey Howard Huggins Jefferson Johnson King Knight Limehouse Long Lucas Mack McCoy McEachern McLeod Merrill Mitchell D. C. Moss V. S. Moss Munnerlyn Murphy J. H. Neal J. M. Neal Neilson Norman Ott Parker Parks Patrick Pitts Pope Quinn Rutherford Ryan Sabb Sandifer Simrill G. M. Smith G. R. Smith J. E. Smith J. R. Smith Sottile Spires Stavrinakis Tallon Taylor Thayer Toole Tribble Viers Weeks Whipper White Williams Willis Young
Those who voted in the negative are:
Loftis
So, the Bill was read the second time and ordered to third reading.
The following Bill was taken up:
S. 693 (Word version) -- Senators Bryant and Bright: A BILL TO AMEND SECTION 23-9-70 OF THE 1976 CODE, RELATING TO ORDER AND APPEALS FROM A STATE FIRE MARSHAL, TO INCREASE THE AMOUNT OF TIME THAT AN OCCUPANT OR OWNER MAY APPEAL THE DECISION OF A DEPUTY OR RESIDENT FIRE MARSHAL FROM TWENTY-FOUR HOURS TO FOURTEEN DAYS, AND TO PROVIDE THAT THE STATE FIRE MARSHAL'S DECISION MUST BE FILED WITHIN TEN DAYS OF RECEIVING THE NOTICE OF APPEAL.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (COUNCIL\MS\7383AB11), which was adopted:
Amend the bill, as and if amended, Section 23-9-70, as contained in SECTION 1, page 2, line 4, by deleting / five / and inserting /thirty /
Renumber sections to conform.
Amend title to conform.
Rep. SANDIFER explained the amendment.
The amendment was then adopted.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Agnew Allen Allison Anderson Anthony Atwater Bales Ballentine Bannister Barfield Battle Bedingfield Bikas Bingham Bowen Bowers Brady Brantley H. B. Brown R. L. Brown Butler Garrick Chumley Clyburn Cobb-Hunter Cole Cooper Corbin Crawford Crosby Daning Delleney Dillard Erickson Frye Gambrell Gilliard Govan Hamilton Hardwick Harrell Hayes Hearn Henderson Herbkersman Hiott Hixon Hodges Horne Hosey Howard Huggins Jefferson Johnson King Knight Limehouse Loftis Long Lucas Mack McCoy McEachern McLeod Merrill Mitchell D. C. Moss V. S. Moss Murphy Nanney J. H. Neal J. M. Neal Neilson Norman Ott Owens Parker Parks Patrick Pinson Pitts Pope Quinn Ryan Sabb Sandifer Simrill Skelton G. M. Smith G. R. Smith J. E. Smith J. R. Smith Sottile Spires Stavrinakis Tallon Taylor Thayer Toole Tribble Viers Weeks Whipper White Whitmire Williams Willis Young
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. J. R. SMITH moved to reconsider the vote whereby debate was adjourned on the following Bill until Thursday, May 19, which was agreed to:
S. 831 (Word version) -- Senators Massey and Ryberg: A BILL TO AMEND SECTION 22-2-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAGISTRATES' JURY AREAS, SO AS TO PROVIDE FOR REVISED JURY AREAS AND THE LOCATION OF THE MAGISTRATES' OFFICES AND TO REPEAL ACT 79 OF 1977 AND ACT 758 OF 1988 RELATING TO MAGISTRATES IN AIKEN COUNTY.
The following Bill was taken up:
S. 831 (Word version) -- Senators Massey and Ryberg: A BILL TO AMEND SECTION 22-2-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAGISTRATES' JURY AREAS, SO AS TO PROVIDE FOR REVISED JURY AREAS AND THE LOCATION OF THE MAGISTRATES' OFFICES AND TO REPEAL ACT 79 OF 1977 AND ACT 758 OF 1988 RELATING TO MAGISTRATES IN AIKEN COUNTY.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Bales Clyburn Hixon Hodges Lucas Norman Parks Pope G. M. Smith G. R. Smith J. R. Smith Tallon Taylor Weeks Young
Those who voted in the negative are:
Spires
So, the Bill was read the second time and ordered to third reading.
Rep. MCLEOD moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 4048 (Word version) -- Reps. Forrester, Allison, Anthony, Brannon, Chumley, Cole, Mitchell, Parker and Tallon: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE LOCATED AT THE INTERSECTION OF INTERSTATE HIGHWAY 85 BUSINESS AND INTERSTATE HIGHWAY 585 IN SPARTANBURG COUNTY "ROGER MILLIKEN INTERCHANGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERCHANGE THAT CONTAIN THE WORDS "ROGER MILLIKEN INTERCHANGE".
H. 4226 (Word version) -- Reps. Owens, Whitmire, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bikas, Bingham, Bowen, Bowers, Brady, Branham, Brannon, Brantley, G. A. Brown, H. B. Brown, R. L. Brown, Butler Garrick, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, Cooper, Corbin, Crawford, Crosby, Daning, Delleney, Dillard, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Gilliard, Govan, Hamilton, Hardwick, Harrell, Harrison, Hart, Hayes, Hearn, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Parker, Parks, Patrick, Pinson, Pitts, Pope, Quinn, Rutherford, Ryan, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Tribble, Umphlett, Vick, Viers, Weeks, Whipper, White, Williams, Willis and Young: A CONCURRENT RESOLUTION TO COMMEND ELIZABETH "BETH" BYARS HRAY OF RICHLAND COUNTY FOR HER OUTSTANDING SERVICE TO THE SOUTH CAROLINA GENERAL ASSEMBLY AND THE LEGISLATIVE COUNCIL, AND TO EXTEND BEST WISHES TO HER IN ALL HER FUTURE ENDEAVORS.
At 4:47 p.m. the House, in accordance with the motion of Rep. ANDERSON, adjourned in memory of Reverend Thomas Sidney Lance of Georgetown, to meet at 10:00 a.m. tomorrow.
This web page was last updated on Monday, November 21, 2011 at 9:48 A.M.