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 Jeremiah 18:1-2: "The word that came to Jeremiah from the Lord: 'Come, go down to the potters house, and there I will let you hear my words.'"
Let us pray. Dear God, may Your words continue to guide and inspire these men and women as they deliberate the affairs of State. Bestow Your blessings upon them, that they will fulfill the needs and provide the resources for the good of the people of this State. Continue to bless our Nation, President, State, Governor, Speaker, staff, and those who support them. 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. SABB moved that when the House adjourns, it adjourn in memory of Elree Crosland of Greeleyville, which was agreed to.
The House stood in silent prayer for Representative Umphlett and Representative Bales who are experiencing health issues.
The following was received:
Columbia, S.C., May 11, 2011
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 586:
S. 586 (Word version) -- Senators Hayes, O'Dell, Verdin, Shoopman, Nicholson, Elliott, L. Martin, Coleman, Ford, Cromer, Alexander and Knotts: A BILL TO AMEND SECTION 1-11-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES WHOSE EMPLOYEES, RETIREES, AND THEIR DEPENDENTS ARE ELIGIBLE TO PARTICIPATE IN THE STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO EXTEND THIS ELIGIBILITY TO JOINT AGENCIES ESTABLISHED PURSUANT TO CHAPTER 23, TITLE 6.
and has ordered the Bill enrolled for ratification.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., May 11, 2011
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 3003. The Report of the Committee of Conference, having been adopted by both Houses, ordered that the title be changed to that of an Act, and the Act enrolled for Ratification.
H. 3003 (Word version) -- Reps. Clemmons, Harrell, Lucas, Bingham, Harrison, Cooper, Owens, Sandifer, Allison, Ballentine, Bannister, Barfield, Bowen, Cole, Crawford, Daning, Delleney, Forrester, Frye, Gambrell, Hamilton, Hardwick, Hiott, Horne, Huggins, Limehouse, Loftis, Long, Lowe, Merrill, V. S. Moss, Norman, Parker, G. M. Smith, G. R. Smith, Sottile, Stringer, Toole, Umphlett, Viers, White, Crosby, Thayer, Simrill, Ryan, McCoy, Murphy, Atwater, Henderson, Quinn, Tallon, Patrick, J. R. Smith, Hixon, Taylor, Young, Bedingfield, Corbin, Pitts, Chumley, Spires, Pope, Bikas, Pinson, D. C. Moss, Erickson, Willis, Brady, Herbkersman, Nanney, Brannon and Whitmire: A BILL TO AMEND SECTION 7-1-25 OF THE CODE OF LAWS OF SOUTH
CAROLINA, 1976, SO AS TO LIST FACTORS TO CONSIDER FOR DOMICILE; TO AMEND SECTION 7-5-125, SO AS TO PROVIDE THAT AN ELECTOR MAY OBTAIN A DUPLICATE REGISTRATION NOTIFICATION; TO AMEND SECTION 7-5-230, RELATING TO ELECTION LAWS, SO AS TO MAKE TECHNICAL CHANGES; TO ADD SECTION 7-5-675, SO AS TO PROVIDE THAT THE STATE ELECTION COMMISSION WILL IMPLEMENT A SYSTEM TO ISSUE VOTER REGISTRATION CARDS WITH A PHOTOGRAPH OF THE VOTER; TO AMEND SECTION 7-13-710 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO REQUIRE PHOTOGRAPH IDENTIFICATION TO VOTE, PERMITTING FOR PROVISIONAL BALLOTS IF THE IDENTIFICATION CANNOT BE PRODUCED, AND TO PROVIDE AN EXCEPTION FOR A RELIGIOUS OBJECTION TO BEING PHOTOGRAPHED; TO AMEND SECTION 56-1-3350, SO AS TO REQUIRE THE DEPARTMENT OF MOTOR VEHICLES TO PROVIDE FREE IDENTIFICATION CARDS UPON REQUEST FOR PERSONS AGED SEVENTEEN YEARS OR OLDER; TO PROVIDE FOR A VOTER EDUCATION PROGRAM CONCERNING THE REQUIREMENTS OF THIS BILL; AND TO PROVIDE THAT THE STATE ELECTION COMMISSION CREATE A LIST OF ALL REGISTERED VOTERS WHO DO NOT HAVE A SOUTH CAROLINA DRIVER'S LICENSE OR OTHER FORM OF IDENTIFICATION CONTAINING A PHOTOGRAPH ISSUED BY THE DEPARTMENT OF MOTOR VEHICLES.
Very Respectfully,
President
Received as information.
Rep. SANDIFER, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
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.
Ordered for consideration tomorrow.
Rep. SANDIFER, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
H. 4042 (Word version) -- Reps. Harrison, Brady, Pinson, H. B. Brown, Munnerlyn, Viers and Horne: 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.
Ordered for consideration tomorrow.
Rep. SANDIFER, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
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.
Ordered for consideration tomorrow.
Rep. SANDIFER, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
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.
Ordered for consideration tomorrow.
Rep. SANDIFER, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
H. 3604 (Word version) -- Reps. J. E. Smith, Brady, Agnew, R. L. Brown and Whipper: A CONCURRENT RESOLUTION TO ENCOURAGE THE SOUTH CAROLINA COUNCIL OF GOVERNMENTS TO ADOPT ORDINANCES INTENDED TO ENABLE THE RETROFITTING OF SHOPPING MALLS AND SHOPPING CENTERS INTO DENSE, WALKABLE, MIXED-USE TOWN CENTERS, AND TO ENCOURAGE OTHER MEASURES TO PROMOTE A HUMAN HABITAT THAT IS HOSPITABLE AND ACCESSIBLE TO MORE SOUTH CAROLINIANS WHILE LESSENING ENVIRONMENTAL IMPACTS ON THE STATE.
Ordered for consideration tomorrow.
Rep. COOPER, from the Committee on Ways and Means, submitted a favorable report with amendments on:
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.
Ordered for consideration tomorrow.
Rep. COOPER, from the Committee on Ways and Means, submitted a favorable report on:
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.
Ordered for consideration tomorrow.
Rep. BARFIELD, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
S. 858 (Word version) -- Senator Sheheen: A CONCURRENT RESOLUTION TO RESPECTFULLY REQUEST AND URGE CONGRESS TO ENACT SUCH LEGISLATION AS NECESSARY TO CREATE THE CAMDEN BATTLEFIELD AND HISTORIC CAMDEN REVOLUTIONARY WAR SITE AS A UNIT OR UNITS OF THE NATIONAL PARK SYSTEM FOR THE ENJOYMENT, EDUCATION, AND INSPIRATION OF THIS AND FUTURE GENERATIONS.
Ordered for consideration tomorrow.
Rep. BARFIELD, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
S. 837 (Word version) -- Senator Campsen: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION LOCATED AT THE JUNCTION OF STATION 22 1/2 AND JASPER BOULEVARD ON SULLIVAN'S ISLAND IN CHARLESTON COUNTY "DR. GEORGE G. DURST, SR. INTERSECTION" AND PLACE APPROPRIATE MARKERS
OR SIGNS AT THIS INTERSECTION THAT CONTAIN THE WORDS "DR. GEORGE G. DURST, SR. INTERSECTION".
Ordered for consideration tomorrow.
Rep. BARFIELD, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
S. 806 (Word version) -- Senator Jackson: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF BLUFF ROAD IN RICHLAND COUNTY FROM ITS INTERSECTION WITH DRY BRANCH ROAD TO ITS INTERSECTION WITH SIMS ROAD "DEACON THOMAS MYERS MEMORIAL HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS HIGHWAY THAT CONTAIN THE WORDS "DEACON THOMAS MYERS MEMORIAL HIGHWAY".
Ordered for consideration tomorrow.
Rep. BARFIELD, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
S. 610 (Word version) -- Senators Knotts and Setzler: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION ERECT APPROPRIATE MARKERS OR SIGNS AT BOTH THE EASTERN AND WESTERN APPROACHES TO WHITE KNOLLS HIGH SCHOOL ON PLATT SPRINGS ROAD IN LEXINGTON COUNTY THAT CONTAIN THE WORDS "WHITE KNOLL HIGH SCHOOL TIMBERWOLVES AAAA BASEBALL STATE CHAMPIONS" AND "WHITE KNOLL HIGH SCHOOL TIMBERWOLVES AAAA STATE MARCHING BAND CHAMPIONS".
Ordered for consideration tomorrow.
Rep. BARFIELD, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 4190 (Word version) -- Rep. Herbkersman: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION ERECT APPROPRIATE MARKERS OR SIGNS ALONG SOUTH CAROLINA HIGHWAY 46 AT ITS INTERSECTIONS WITH THE TOWN LIMITS OF THE TOWN OF
BLUFFTON THAT CONTAIN THE WORDS "BLUFFTON HIGH SCHOOL - HOME OF THE BOBCATS STATE CHAMPIONS 2005, 2006 BOYS CROSS COUNTRY, 2007 GIRLS VOLLEYBALL, 2009 GIRLS GOLF".
Ordered for consideration tomorrow.
Rep. BARFIELD, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 4197 (Word version) -- Rep. Cobb-Hunter: A HOUSE RESOLUTION TO AUTHORIZE THE ANNUAL YOUTH LEGISLATIVE CONFERENCE TO USE THE HOUSE CHAMBER ON MONDAY, SEPTEMBER 26, 2011, FROM 9:00 A.M. TO 12:00 NOON FOR ITS ANNUAL MOCK SESSION.
Ordered for consideration tomorrow.
Rep. WILLIAMS, from the Florence Delegation, submitted a favorable report on:
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.
Ordered for consideration tomorrow.
The following was introduced:
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.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4207 (Word version) -- Rep. G. A. Brown: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE PASSING OF JAMES E. DAVIS, SR., AND HIS BELOVED WIFE, BESSIE MAE PETERSON DAVIS, BOTH OF SUMTER COUNTY, AND TO EXTEND THE DEEPEST SYMPATHY TO THEIR FAMILY AND MANY FRIENDS.
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:
Allen Allison Anderson Anthony Atwater Ballentine Bannister Battle Bedingfield Bingham Bowen Bowers Brady Branham Brannon Brantley G. A. Brown R. L. Brown Butler Garrick Chumley Clemmons Clyburn Cole Cooper Corbin Crosby Daning Delleney Erickson Forrester Frye Funderburk Gambrell Gilliard Hardwick Harrell Hart Hayes Hearn Henderson Herbkersman Hiott
Hixon Hodges Horne Hosey Howard Huggins Jefferson Johnson King Knight Limehouse Loftis Long Lowe Mack McEachern McLeod Merrill Mitchell D. C. Moss Munnerlyn Murphy J. M. Neal Norman Ott Owens Parker Parks Patrick Pinson Pitts Pope Sabb Sandifer Sellers Simrill Skelton G. M. Smith G. R. Smith J. R. Smith Sottile Spires Stringer Tallon Taylor Thayer Toole Tribble Vick Viers Weeks Whipper White Williams Willis Young
I came in after the roll call and was present for the Session on Thursday, May 12.
Paul Agnew Terry Alexander Boyd Brown Chandra Dillard Tracy Edge Jerry Govan Dan Hamilton James Harrison James Lucas Peter McCoy, Jr. Kevin Ryan James E. Smith William R. "Bill" Whitmire Liston Barfield Richard "Rick" Quinn Todd Rutherford Eric Bikas Jimmy Bales Gilda Cobb-Hunter
The SPEAKER granted Rep. NANNEY a leave of absence for the day.
The SPEAKER granted Rep. CRAWFORD a leave of absence for the day due to a prior commitment.
The SPEAKER granted Rep. STAVRINAKIS a leave of absence for the day due to attending a family wedding.
The SPEAKER granted Rep. UMPHLETT a leave of absence for the day due to medical reasons.
The SPEAKER granted Rep. V. S. MOSS a leave of absence for the day.
Rep. VICK signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, May 11.
Announcement was made that Dr. Anthony E. Harris of Aiken was the Doctor of the Day for the General Assembly.
Reps. MCLEOD and HUGGINS presented to the House the Chapin High School "Eagles" Rugby Club, the 2011 South Carolina High School 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. 3604 (Word version)
Date: ADD:
05/12/11 R. L. BROWN and WHIPPER
Bill Number: H. 3658 (Word version)
Date: ADD:
05/12/11 WHITE
Bill Number: H. 4042 (Word version)
Date: ADD:
05/12/11 VIERS and HORNE
Bill Number: H. 4186 (Word version)
Date: REMOVE:
05/12/11 CORBIN
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments:
S. 445 (Word version) -- Senators Hutto, Fair, Jackson and Ford: A BILL TO AMEND SECTION 44-29-135, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONFIDENTIALITY OF SEXUALLY TRANSMITTED DISEASE RECORDS, SO AS TO
DELETE THE PROVISION REQUIRING THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO NOTIFY THE SCHOOL DISTRICT SUPERINTENDENT AND SCHOOL NURSE IF A MINOR IS ATTENDING A SCHOOL IN THE DISTRICT AND HAS ACQUIRED IMMUNODEFICIENCY SYNDROME OR IS INFECTED WITH THE HUMAN IMMUNODEFICIENCY VIRUS; AND BY ADDING SECTION 59-10-220 SO AS TO REQUIRE EACH SCHOOL DISTRICT TO ADOPT THE CENTERS FOR DISEASE CONTROL AND PREVENTION RECOMMENDATIONS ON UNIVERSAL PRECAUTIONS FOR BLOODBORNE DISEASE EXPOSURE.
The following Bill was taken up:
H. 4192 (Word version) -- Reps. Pitts and Harrison: A BILL TO AMEND SECTION 1-30-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN AGENCIES, BOARDS, AND COMMISSIONS THAT WERE TRANSFERRED TO, INCORPORATED IN, AND ADMINISTERED AS PART OF THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO DELETE THE LAW ENFORCEMENT TRAINING COUNCIL.
Rep. PITTS explained the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Allison Anthony Atwater Bannister Barfield Battle Bedingfield Bingham Bowen Bowers Brady Branham Brannon G. A. Brown H. B. Brown R. L. Brown Butler Garrick Chumley Clemmons Clyburn Cole Cooper Corbin Crosby Daning Delleney Dillard Edge Erickson Forrester Frye Gambrell Gilliard Hardwick Harrell
Harrison Hayes Hearn Henderson Herbkersman Hiott Hixon Hodges Horne Hosey Howard Jefferson Johnson King Knight Limehouse Loftis Long Lowe Lucas McCoy McEachern Merrill Mitchell D. C. Moss Munnerlyn Murphy J. M. Neal Norman Ott Owens Parker Patrick Pinson Pitts Pope Quinn Ryan Sabb Sandifer Sellers Simrill Skelton G. R. Smith Sottile Spires Stringer Tallon Taylor Thayer Toole Tribble Vick Viers Weeks 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.
On motion of Rep. PITTS, with unanimous consent, it was ordered that H. 4192 (Word version) be read the third time tomorrow.
The following Bill was taken up:
H. 3153 (Word version) -- Rep. Young: A BILL TO AMEND SECTION 22-3-1000, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIME FOR A MOTION FOR NEW TRIAL AND APPEAL IN MAGISTRATES COURT, SO AS TO INCREASE THE TIME
PERIOD IN WHICH A MOTION FOR A NEW TRIAL MAY BE MADE FROM FIVE TO TEN DAYS.
Rep. YOUNG explained the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Agnew Alexander Allen Allison Anthony Atwater Ballentine Bannister Barfield Battle Bedingfield Bingham Bowen Bowers Brady Branham Brannon H. B. Brown Chumley Clemmons Clyburn Cole Corbin Crosby Daning Delleney Dillard Edge Erickson Forrester Frye Funderburk Gambrell Gilliard Govan Hardwick Harrell Harrison Hearn Henderson Herbkersman Hixon Hodges Horne Hosey Howard Huggins Jefferson Johnson King Limehouse Loftis Long Lowe Lucas Mack McCoy McEachern McLeod Merrill Mitchell D. C. Moss Munnerlyn Murphy J. M. Neal Norman Ott Owens Parker Parks Patrick Pitts Pope Quinn Rutherford Ryan Sabb Sandifer Simrill Skelton G. M. Smith G. R. Smith J. R. Smith Sottile Spires Stringer Taylor Thayer Toole Tribble Viers Weeks 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.
On motion of Rep. YOUNG, with unanimous consent, it was ordered that H. 3153 (Word version) be read the third time tomorrow.
Rep. GAMBRELL moved to adjourn debate upon the following Bill until Tuesday, May 17, which was adopted:
S. 705 (Word version) -- Senators Rankin, Campbell, Rose, Verdin, Hutto, Ford and Grooms: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 36 TO TITLE 58, SO AS TO CREATE THE "UNDERGROUND FACILITY DAMAGE PREVENTION ACT"; TO ADD SECTION 58-36-20, RELATING TO DEFINITIONS; TO ADD SECTION 58-36-30, RELATING TO THE STATE AUTHORITY TO REGULATE; TO ADD SECTION 58-36-40, RELATING TO THE COSTS ASSOCIATED WITH COMPLIANCE OF THIS CHAPTER; TO ADD SECTION 58-36-50, RELATING TO THE NOTIFICATION CENTER RESPONSIBILITIES; TO ADD SECTION 58-36-60, RELATING TO EXCAVATOR RESPONSIBILITIES; TO ADD SECTION 58-36-70, RELATING TO OPERATOR RESPONSIBILITIES; TO ADD SECTION 58-36-80, RELATING TO NOTICE FOR AN EMERGENCY EXCAVATION OR DEMOLITION; TO ADD SECTION 58-36-90, RELATING TO NOTIFICATION WHEN DAMAGE OCCURS; TO ADD SECTION 58-36-100 RELATING TO DESIGN REQUESTS; TO ADD SECTION 58-36-110, RELATING TO EXEMPTIONS FROM THE REQUIREMENT TO CONTACT THE NOTIFICATION CENTER; TO ADD SECTION 58-36-120
RELATING TO PENALTIES FOR VIOLATION OF THIS CHAPTER; AND TO REPEAL CHAPTER 35 OF TITLE 58.
On motion of Rep. BEDINGFIELD, with unanimous consent, the following Bill was ordered recalled from the Committee on Agriculture, Natural Resources and Environmental Affairs:
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. SKELTON asked unanimous consent to recall H. 3109 (Word version) from the Committee on Judiciary.
Rep. PITTS objected.
Rep. KING asked unanimous consent to recall H. 3335 (Word version) from the Committee on Judiciary.
Rep. HARRISON objected.
The motion period was dispensed with on motion of Rep. CLEMMONS.
Rep. CLEMMONS moved to adjourn debate upon the following Bill until Tuesday, May 17, 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 and White: 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 17, 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".
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. COOPER proposed the following Amendment No. 3 (COUNCIL\BBM\10223HTC11), which was rejected:
Amend the bill, as and if amended, by adding a penultimate SECTION appropriately numbered to read:
/ SECTION __. (A) Section 12-37-220(B) of the 1976 Code, as last amended by Act 279 of 2010, is further amended by adding an appropriately numbered item at the end to read:
"( ) Real property leased by a church but only if the leasehold, if owned by the church in fee simple, qualifies for the exemption allowed pursuant to subsection (A)(3) of this section."
B. Notwithstanding any other effective date provided in this section, this section takes effect upon approval of this act by the Governor and applies for property tax years beginning after 2010. /
Renumber sections to conform.
Amend title to conform.
Rep. COOPER explained the amendment.
Rep. SKELTON raised the Point of Order that Amendment No. 3 required a two-thirds vote for adoption.
SPEAKER HARRELL stated that a two-thirds vote was not required on an amendment to the Bill. Therefore, he overruled the Point of Order.
Rep. COOPER continued speaking.
Rep. OTT raised the Point of Order that the May 1st crossover deadline had passed and that the House Rules required a two-thirds vote of the body to take up H. 3713.
SPEAKER HARRELL stated that the May 1st deadline had passed, but that a two-thirds vote was only required if the body was to take up a bill received from the other body after May 1st. H. 3713 was a House Bill; therefore, he overruled the Point of Order.
Rep. COOPER continued speaking.
The question then recurred to the adoption of the amendment.
Rep. TOOLE demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anthony Barfield Branham Butler Garrick Cooper Edge Frye Hamilton Hayes Hosey Howard King Lucas Mitchell Ott Pitts G. R. Smith Spires Stringer White Willis
Those who voted in the negative are:
Agnew Allen Allison Anderson Atwater Ballentine Bannister Battle Bedingfield Bikas Bingham Bowen
Bowers Brady Brannon H. B. Brown R. L. Brown Clemmons Clyburn Cole Corbin Crosby Daning Delleney Dillard Erickson Forrester Funderburk Gambrell Govan Harrison Hart Hearn Henderson Herbkersman Hiott Hixon Hodges Horne Huggins Jefferson Johnson Limehouse Loftis Long Mack McCoy McEachern McLeod Merrill D. C. Moss Munnerlyn Murphy J. M. Neal Norman Owens Parker Parks Patrick Pinson Pope Quinn Rutherford Ryan Sabb Sandifer Simrill Skelton G. M. Smith J. E. Smith J. R. Smith Sottile Tallon Taylor Thayer Toole Tribble Viers Weeks Whitmire Young
So, the amendment was rejected.
Reps. BINGHAM, MERRILL and CLEMMONS proposed the following Amendment No. 4 (COUNCIL\MS\7378AHB11), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 12-37-3140 of the 1976 Code, as last amended by Act 275 of 2010, is further amended to read:
"SECTION 12-37-3140. (A)(1) For property tax years beginning after 2006, the fair market value of real property is its fair market value applicable for the later of:
(a) the base year, as defined in subsection (C) of this section;
(b) subject to the provisions of item (3) of this subsection, December thirty-first of the year in which an assessable transfer of interest has occurred;
(c) as determined on appeal; or
(d) as it may be adjusted as determined in a countywide reassessment program conducted pursuant to Section 12-43-217, but limited to increases in such value as provided in subsection (B) of this section.
(2) To the fair market value of real property as determined at the time provided in item (1) of this subsection, there must be added the fair market value of subsequent improvements and additions to the property.
(3) If a parcel of real property which has had no further improvement since the most recent countywide reassessment program was implemented undergoes an assessable transfer of interest, the implementation of the transfer value as determined pursuant to item (1)(b) of this subsection is postponed until the property tax year of implementation of the next countywide assessment program and that transfer value is the value to which the limit on increases in fair market value provided pursuant to subsection (B) of this section applies.
(B) Any increase in the fair market value of real property attributable to the periodic countywide appraisal and equalization program implemented pursuant to Section 12-43-217 or as implemented pursuant to subsection (A)(3) of this section is limited to fifteen percent within a five-year period to the otherwise applicable fair market value. This limit must be calculated on the land and improvements as a whole. However, this limit does not apply to the fair market value of additions or improvements to real property in the year those additions or improvements are first subject to property tax, nor do they does the limit apply to the fair market value of real property when an assessable transfer of interest occurred in the year that the transfer value is first subject to tax.
(C) For purposes of determining a "base year" fair market value pursuant to this section, the fair market value of real property is its appraised value applicable for property tax year 2007.
(D) Real property valued by the unit valuation concept is excluded from the limits provided pursuant to subsection (B) of this section.
(E) Value attributable to additions and improvements, and changes in value resulting from assessable transfers of interest occurring in a property tax year are first subject to property tax in the
following tax year except as provided pursuant to subsection (A)(3) of this section and Section 12-37-670(B)."
SECTION 2. This act takes effect upon approval by the Governor and applies for property tax years beginning after 2010. /
Renumber sections to conform.
Amend title to conform.
Rep. BINGHAM explained the amendment.
Rep. BINGHAM spoke in favor of the amendment.
Rep. SKELTON spoke against the amendment.
Rep. OTT raised the Point of Order in that Amendment No. 4 changed the Constitution and would, therefore, require a two-thirds vote of the body for passage of the Bill if Amendment No. 4 was adopted.
SPEAKER HARRELL stated that a two-thirds vote was not required for passage of the Bill if Amendment No. 4 was adopted. He stated that the Amendment did not change the Constitution. He stated that the Amendment did not create a new property tax exemption. Instead, the Amendment proposed to delay the implementation of the property tax exemption and that it was merely a statutory delay similar to a statutory delay of property reassessment. He distinguished this ruling from his prior ruling, several weeks earlier, concerning H. 3713 and stated that Amendment No. 4, if adopted, eliminated the property tax exemption that existed in the Bill as it was introduced. Therefore, the SPEAKER overruled the Point of Order and stated that if Amendment No. 4 was adopted by the body that a simple majority vote of the body was sufficient for adoption of the Bill, as amended.
Rep. CLEMMONS spoke in favor of the amendment.
Rep. NORMAN spoke in favor of the amendment.
Rep. SKELTON spoke against the amendment.
Rep. OTT spoke against the amendment.
Rep. OTT spoke against the amendment.
Rep. MERRILL spoke in favor of the amendment.
The question then recurred to the adoption of the amendment.
Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Atwater Ballentine Bannister Barfield Bedingfield Bikas Bingham Bowen Brady H. B. Brown Chumley Clemmons Cole Cooper Corbin Delleney Edge Erickson Forrester Gambrell Hamilton Hardwick Harrell Harrison Hearn Henderson Herbkersman Hixon Horne Huggins Limehouse Loftis Long Lowe Lucas McCoy Merrill D. C. Moss Murphy Norman Owens Parker Patrick Pinson Pope Quinn Ryan Sandifer Simrill G. M. Smith G. R. Smith J. R. Smith Sottile Spires Stringer Tallon Taylor Thayer Viers White Whitmire Young
Those who voted in the negative are:
Agnew Alexander Allen Anderson Anthony Battle Bowers Branham Brannon G. A. Brown R. L. Brown Butler Garrick Clyburn Cobb-Hunter Crosby Daning Dillard Frye Funderburk Gilliard Govan Hart Hayes Hiott Hodges Hosey Jefferson Johnson King Knight Mack McEachern McLeod
Mitchell Munnerlyn J. M. Neal Ott Parks Rutherford Sabb Skelton J. E. Smith Toole Tribble Weeks Williams Willis
So, the amendment was adopted.
Rep. HART spoke against the Bill.
The question recurred to the adoption of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Atwater Ballentine Bannister Barfield Bedingfield Bikas Bingham Bowen Brady H. B. Brown Chumley Clemmons Cole Cooper Corbin Delleney Edge Erickson Gambrell Hamilton Hardwick Harrell Harrison Hearn Henderson Herbkersman Hixon Horne Huggins Limehouse Loftis Long Lowe Lucas McCoy Merrill D. C. Moss Norman Owens Parker Patrick Pinson Pope Quinn Ryan Sandifer Simrill G. M. Smith G. R. Smith Sottile Spires Stringer Tallon Taylor Thayer Viers White Whitmire Young
Those who voted in the negative are:
Agnew Alexander Allen Anderson Anthony Battle Bowers Branham Brannon G. A. Brown R. L. Brown Butler Garrick Clyburn Cobb-Hunter Crosby Daning Dillard Frye Funderburk Gilliard Govan Hart Hayes Hiott Hodges Hosey Jefferson Johnson King Knight Mack McEachern McLeod Mitchell Munnerlyn J. M. Neal Ott Parks Sabb Skelton J. E. Smith Toole Tribble Williams Willis
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. MERRILL moved to reconsider the vote whereby the following Bill was given second reading:
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.
Rep. OTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Atwater Ballentine Barfield Bedingfield Bikas Bingham Bowen Brady H. B. Brown Chumley Clemmons Cole Cooper Corbin Delleney Erickson Gambrell Hamilton Hardwick Harrell Harrison Hearn Henderson Herbkersman Hixon Horne Huggins Limehouse Loftis Long Lowe Lucas McCoy Merrill D. C. Moss Murphy Norman Owens Parker Patrick Pinson Pope Quinn Ryan Sandifer Simrill G. M. Smith G. R. Smith Sottile Spires Stringer Tallon Taylor Thayer Viers White Whitmire Young
Those who voted in the negative are:
Agnew Alexander Allen Anderson Anthony Battle Bowers Branham Brannon G. A. Brown R. L. Brown Butler Garrick Clyburn Cobb-Hunter Dillard Frye Funderburk Gilliard Govan Hart Hayes Hiott Hodges Hosey Jefferson Johnson King Knight Mack McEachern McLeod Mitchell Munnerlyn J. M. Neal Ott Parks Sabb Skelton J. E. Smith Tribble Weeks Williams Willis
So, the motion to reconsider was tabled.
Rep. MERRILL asked unanimous consent that H. 3713 (Word version) be read a third time tomorrow.
Rep. COBB-HUNTER objected.
Rep. TALLON moved that the House do now adjourn, which was agreed to.
At 12:50 p.m. the House, in accordance with the motion of Rep. SABB, adjourned in memory of Elree Crosland of Greeleyville, to meet at 10:00 a.m. tomorrow.
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