House Journal for Apr. 10, 2007 - South Carolina Legislature Online

TUESDAY, APRIL 10, 2007

Indicates Matter Stricken

Indicates New Matter

The House assembled at 12:00 noon.

Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:

Our thought for today is from Ezekiel 2:15: “They shall know that there has been a prophet among them.”

Let us pray. Thank You for helping us see Your will and the strength, the courage, and the wisdom to do it. Give to each Representative and staff the desire to make use of the time given for the good of this State. Thank You for the refreshing time off with family and friends. Continue to give Your blessings to each as they strive to do their best. Look in favor on our Nation, President, State, Governor, Speaker and all who serve in government. Protect our defenders of freedom at home and abroad as they protect us. In the name of our Lord. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. HINSON moved that when the House adjourns, it adjourn in memory of Senator William C. Mescher, which was agreed to.

SILENT PRAYER

The House stood in silent prayer for the family of Senator William C. Mescher.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., April 5, 2007

Mr. Speaker and Members of the House of Representatives:

The Senate respectfully informs your Honorable Body that it has confirmed the Governor’s appointment of:

Reappointment, Aiken County Master-in-Equity, with term to commence on June 30, 2007, and to expire on June 30, 2013. The Honorable Robert A. Smoak, Jr., 218 Union Street, S.E., Aiken, South Carolina 29801

Very respectfully,

President of the Senate

Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., April 5, 2007

Mr. Speaker and Members of the House of Representatives:

The Senate respectfully informs your Honorable Body that it has confirmed the Governor’s appointment of:

Reappointment, Kershaw County Master-in-Equity, with term to commence on June 30, 2007, and to expire on June 30, 2013. Mr. Jeffery Marc Tzerman, 2105 Forest Drive, Camden, South Carolina 29020

Very respectfully,

President of the Senate

Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., April 3, 2007

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has overridden the Veto by the Governor on R. 9, S. 408 by a vote of 41 to 2:

(R9) S. 408 -- Senators Short and Leatherman: AN ACT TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JOBS TAX CREDIT, SO AS TO PROVIDE THAT A COUNTY'S DESIGNATION MAY NOT BE LOWERED IN CREDIT AMOUNT MORE THAN ONE TIER IN THE FOLLOWING YEAR AS A RESULT OF THE ANNUAL RANKING AND DESIGNATION OF COUNTIES BY THE DEPARTMENT OF REVENUE; TO MAKE A TRANSITIONAL PROVISION FOR THE 2006 TAX YEAR; AND TO AMEND SECTION 12-6-40, AS AMENDED, RELATING TO THE APPLICABILITY OF THE INTERNAL REVENUE CODE TO THE SOUTH CAROLINA TAX CODE, SO AS TO PROVIDE FOR THE APPLICABILITY OF THE 2006 INTERNAL REVENUE CODE.

Very respectfully,

President

Received as information.

CONFIRMATION OF APPOINTMENT

The following was received:

State of South Carolina

Office of the Governor

Columbia, S.C., April 3, 2007

Mr. Speaker and Members of the House of Representatives:

I am transmitting herewith a reappointment for confirmation. This reappointment is made with advice and consent of the General Assembly and is, therefore, submitted for your consideration.

Local Appointment

Aiken County Master-in-Equity

Term Commencing: June 30, 2007

Term Expiring: June 30, 2013

Seat: Master-in-Equity

Reappointment

The Honorable Robert A. Smoak, Jr.

218 Union Street, S.E.

Aiken, South Carolina 29801

803-642-2025

Respectfully,

Mark Sanford

Governor

The appointment was confirmed and a message was ordered sent to the Senate accordingly.

CONFIRMATION OF APPOINTMENT

The following was received:

State of South Carolina

Office of the Governor

Columbia, S.C., March 28, 2007

Mr. Speaker and Members of the House of Representatives:

I am transmitting herewith a reappointment for confirmation. This reappointment is made with advice and consent of the General Assembly and is, therefore, submitted for your consideration.

Statewide Appointment

State Ethics Commission

Term Commencing: June 30, 2005

Term Expiring: June 30, 2010

Seat: At-Large

Initial Appointment

Mr. George Carlton Manley

The Manley Company Inc. of Simpsonville

111 Gatewood Avenue

Simpsonville, South Carolina 29681

864-270-2479

Respectfully,

Mark Sanford

Governor

The appointment was confirmed and a message was ordered sent to the Senate accordingly.

CONFIRMATION OF APPOINTMENT

The following was received:

State of South Carolina

Office of the Governor

Columbia, S.C., March 28, 2007

Mr. Speaker and Members of the House of Representatives:

I am transmitting herewith a reappointment for confirmation. This reappointment is made with advice and consent of the General Assembly and is, therefore, submitted for your consideration.

Local Appointment

Kershaw County Master-in-Equity

Term Commencing: June 30, 2007

Term Expiring: June 30, 2013

Seat: Master-in-Equity

Reappointment

The Honorable Jeffrey Marc Tzerman

2105 Forest Drive

Camden, South Carolina 29020

803-432-8459

Respectfully,

Mark Sanford

Governor

The appointment was confirmed and a message was ordered sent to the Senate accordingly.

R. 9, S.408--ORDERED PRINTED IN THE JOURNAL

The SPEAKER ordered the following Veto printed in the Journal:

March 28, 2007

The Honorable André Bauer

President of the Senate

State House, 1st Floor, East Wing

Columbia, South Carolina 29202

Dear Mr. President and Members of the Senate:

I am hereby vetoing and returning without my approval S. 408, R. 9.

S. 408 would restrict changes to a county designation from dropping by more than one classification in any given year. This legislation further complicates and weakens an already flawed approach to the Job Tax Credits program, which seemingly incentivizes poor economic performance rather than rewarding success.

When Job Tax Credits were originally conceived, there were only three categories by which a county could be designated – Developed, Moderately Developed, and Under Developed. Since then, the General Assembly has enacted two additional categories, highlighting bad economic conditions by creating Least Developed and Distressed. Further, legislation has been enacted to lock in the appearance of distress in certain counties at the expense of counties truly in need.

One example is legislation, enacted over my veto in 2006, to make Orangeburg County a “Distressed” county instead of an “Under Developed” county, which it would have been under the statute – a full two tiers higher than its realistic position in the State. This law change gave Orangeburg County a strategic advantage over counties such as Calhoun and Colleton, which were also “Under Developed.”

Right now, there seems to be a conflict between goals and outcomes in economic development, particularly from a local perspective. Universally, we all agree on the idea of increasing the number of jobs here in the State and raising income levels. However, too many Bills like this have been sent to my desk to enshrine the appearance of failure on a county by county basis.

I do not believe we will ever be competitive in the global economy if we are not willing to recognize our success and highlight our strengths. At the end of the last legislative session, I asked the Department of Commerce to review our incentive system and make recommendations. In his report back, Commerce Secretary Joe Taylor stated, “[b]usinesses like to locate in counties that are thriving and growing, but our system rewards a county for appearing depressed and economically backward.”

The Department of Commerce’s recommendation was to consolidate the five county designations back into three tiers and eliminate the special county carveouts that have been enacted over the years. Senator Short, the chief sponsor of this Bill, has also introduced S. 538, which is, in concept, along the lines of the Department of Commerce recommendation.

I would encourage the General Assembly to sustain this veto and, instead, begin work on the broader statewide approach proposed by the Department of Commerce and largely reflected in S. 538.

This administration will continue to support legislation that will effectively, fairly, and uniformly promote economic prosperity for the entire business community of our State. We look forward to working with you and other members of the General Assembly on this front.

For these reasons, I am returning S. 408, R. 9, to you without my signature.

Sincerely,

Mark Sanford

Governor

INVITATIONS

On motion of Rep. LEACH, with unanimous consent, the following were taken up for immediate consideration and accepted:

April 10, 2007

The Honorable Robert W. Leach, Sr.

Chairman, House Invitations Committee

503-A Blatt Building

Columbia, South Carolina 29201

Dear Mr. Chairman:

On behalf of the Mechanical Contractors Association of South Carolina, I would like to invite the Members and staff of the House of Representatives to a barbeque. This event will be held on Wednesday, May 2, 2007, from 6:00 p.m. until 9:00 p.m. at “The Coop” located at 1100 Key Road in Columbia.

Sincerely,

Mona Lisa Flowers

Managing Director

March 25, 2007

The Honorable Robert W. Leach, Sr.

Chairman, House Invitations Committee

503-A Blatt Building

Columbia, South Carolina 29201

Dear Mr. Chairman:

On behalf of Kappa Alpha Psi Fraternity, I would like to invite the Members and staff of the House of Representatives to a Legislative Breakfast. This event will be held on Wednesday, May 16, 2007, from 8:00 a.m. until 10:00 a.m. in Room 208 of the Blatt Building.

Thank you,

Rep. Joe Neal

April 10, 2007

The Honorable Robert W. Leach, Sr.

Chairman, House Invitations Committee

503-A Blatt Building

Columbia, South Carolina 29201

Dear Mr. Chairman:

On behalf of the State Farm Insurance Companies of SC, I would like to invite the Members and staff of the House of Representatives to a breakfast. This event will be held on Wednesday, May 2, 2007, from 8:00 a.m. until 10:00 a.m. in Room 208 of the Blatt Building.

Thank you,

Rep. Adam Taylor

REGULATIONS RECEIVED

The following were received and referred to the appropriate committees for consideration:

Document No. 3120

Agency: Department of Natural Resources

Statutory Authority: 1976 Code Sections 50-1-200, 50-1-210, 50-11-310, 50-11-335, 50-11-350, 50-11-390, 50-11-500, 50-11-520, 50-11-530, 50-11-2200, and 50-11-2210

Seasons, Limits, Methods of Take and Special Use Restrictions on Wildlife Management Areas

Received by Speaker of the House of Representatives

April 5, 2007

Referred to Agriculture, Natural Resources and Environmental Affairs Committee

Legislative Review Expiration March 4, 2008

Document No. 3079

Agency: Department of Labor, Licensing and Regulation, Board of Medical Examiners

Statutory Authority: 1976 Code Sections 40-1-70 and 40-47-10 (I)(3)

Office Based Surgery

Received by Speaker of the House of Representatives

April 4, 2007

Referred to Medical, Military, Public and Municipal Affairs Committee

Legislative Review Expiration March 3, 2008

REGULATIONS WITHDRAWN AND RESUBMITTED

Document No. 3086

Agency: Department of Natural Resources

Statutory Authority: 1976 Code Sections 50-1-200, 50-1-220, 50-11-10, 50-11-105, 50-11-310, 50-11-335, 50-11-350, 50-11-390, 50-11-520, 50-11-530, 50-11-854, 50-11-2200, and 50-11-2210

Hunting In Wildlife Management Areas

Received by Speaker of the House of Representatives

January 17, 2007

Referred to Agriculture, Natural Resources and Environmental Affairs Committee

Legislative Review Expiration May 17, 2007

Withdrawn and Resubmitted March 28, 2007

INTRODUCTION OF BILLS

The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:

H. 3829 -- Reps. Mitchell, J.H.Neal, F.N.Smith, Allen, Anthony, Barfield, Branham, Breeland, R.Brown, Govan, Hart, Hosey, Howard, Jefferson, Littlejohn, Mack, Mahaffey, Moss, Ott, Rutherford, Scott, Sellers, G.R.Smith, W.D.Smith, Talley, Walker and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-6-85 SO AS TO ENACT THE SPARTANBURG, COLUMBIA, AND CHARLESTON ASSISTED LIVING MEDICAID WAIVER PROGRAM, PROVIDING THAT THE DEPARTMENT OF HEALTH AND HUMAN SERVICES SHALL SEEK FEDERAL APPROVAL TO INCLUDE FEDERAL MATCHING FUNDING FOR THIS PROGRAM; TO REQUIRE THE DEPARTMENT TO DEVELOP MEDICAID ELIGIBILITY DETERMINATION CRITERIA; TO REQUIRE THE GENERAL ASSEMBLY TO APPROPRIATE MATCHING FUNDS FROM GENERAL REVENUES ANNUALLY TO FUND THIS PROGRAM AND TO PROVIDE THE REIMBURSEMENT RATE AND METHODS TO ADJUST THIS RATE ANNUALLY; AND TO REQUIRE THE DEPARTMENT TO EVALUATE, MONITOR, AND REPORT ON THIS PROGRAM TO THE GENERAL ASSEMBLY FIVE YEARS AFTER ITS IMPLEMENTATION.

Referred to Committee on Ways and Means

H. 3830 -- Rep. Perry: A BILL TO AMEND SECTIONS 31-6-30 AND 31-6-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS AND PROCEDURES FOR ADOPTING REDEVELOPMENT PLANS FOR PURPOSES OF THE TAX INCREMENT FINANCING LAW, SO AS TO REVISE THE DEFINITIONS FOR "REDEVELOPMENT PLAN" AND "REDEVELOPMENT PROJECT COSTS", AND TO REQUIRE ADDITIONAL FINDINGS BEFORE ADOPTION OF A REDEVELOPMENT PLAN BY A MUNICIPALITY; AND TO AMEND SECTIONS 31-7-30, 31-7-80, AND 31-7-120, RELATING TO DEFINITIONS, PROCEDURES FOR ADOPTING REDEVELOPMENT PLANS AND INTERGOVERNMENTAL AGREEMENTS FOR PURPOSES OF THE TAX INCREMENT FINANCING ACT FOR COUNTIES, SO AS TO REENACT PORTIONS OF THE DEFINITION OF "BLIGHTED AREA" INADVERTENTLY DELETED AND REVISE DEFINITIONS FOR "CONSERVATION AREA" AND "REDEVELOPMENT PROJECT AREA", TO REQUIRE ADDITIONAL FINDINGS BEFORE ADOPTION OF A REDEVELOPMENT PLAN BY A COUNTY, AND TO CLARIFY THE APPLICATION OF MUNICIPAL AND COUNTY TAX INCREMENT FINANCING LAWS TO INTERGOVERNMENTAL AGREEMENTS.

Referred to Committee on Ways and Means

H. 3831 -- Rep. Thompson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 34-39-185 SO AS TO PROVIDE FOR THE DEVELOPMENT, IMPLEMENTATION, AND MAINTENANCE OF A STATEWIDE DATABASE OF DEFERRED PRESENTMENT TRANSACTIONS ACCESSIBLE TO DEFERRED PRESENTMENT LICENSEES FOR THE PURPOSE OF TRACKING OPEN AND CLOSED TRANSACTIONS WITH OTHER LICENSEES AND ACCESSIBLE TO THE BOARD OF FINANCIAL INSTITUTIONS FOR THE PURPOSES OF INVESTIGATION AND ENFORCEMENT; TO AMEND SECTION 34-39-180, RELATING TO RESTRICTIONS AND REQUIREMENTS FOR A DEFERRED PRESENTMENT TRANSACTION, SO AS TO LIMIT A LICENSEE TO A MAXIMUM LOAN AMOUNT FOR ANY ONE CUSTOMER OF THREE HUNDRED DOLLARS DURING ANY SIXTY-DAY PERIOD, TO LIMIT THE NUMBER OF TRANSACTIONS IN A YEAR TO SIX FOR ANY ONE CUSTOMER, AND TO REQUIRE A LICENSEE TO GRANT A SIX-MONTH REPAYMENT GRACE PERIOD AND A REPAYMENT PLAN OPTION TO A CUSTOMER; TO AMEND SECTION 34-39-230, RELATING TO PENALTIES AND REMEDIES FOR VIOLATIONS BY A DEFERRED PRESENTMENT LICENSEE, SO AS TO REQUIRE THE BOARD TO IMPOSE CERTAIN CIVIL PENALTIES, TO PROVIDE THAT VIOLATIONS RUN WITH THE LICENSEE, OR THE PERSON SUBJECT TO THE LICENSING REQUIREMENT, AND NOT WITH THE LOCATION, TO PROVIDE FOR CUMULATIVE CIVIL REMEDIES, INCLUDING INJUNCTIVE RELIEF, DAMAGES AND ATTORNEY'S FEES, UNFAIR TRADE PRACTICE REMEDIES, AND VOIDING OF THE CONTRACT, AND TO PROHIBIT THE ENFORCEMENT OF AN ARBITRATION CLAUSE IF A COURT FINDS THAT SPECIFIED CIRCUMSTANCES RENDER THE CONTRACT UNCONSCIONABLE.

Referred to Committee on Labor, Commerce and Industry

H. 3832 -- Rep. Toole: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-23-275 SO AS TO REQUIRE A PERSON WHO GATHERS PINE STRAW FOR THE PURPOSE OF SELLING IT TO OBTAIN WRITTEN PERMISSION FROM THE LANDOWNER TO HARVEST THE PINE STRAW, TO REQUIRE THE EXECUTION OF A CERTIFICATE OF HARVEST BY A LANDOWNER IN ORDER FOR A PERSON TO GATHER, BALE, TRANSPORT, OR SELL PINE STRAW, AND TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 3833 -- Reps. Moss and Phillips: A BILL TO AMEND ACT 587 OF 1992, AS AMENDED, RELATING TO THE BOARD OF TRUSTEES OF CHEROKEE COUNTY SCHOOL DISTRICT 1, SO AS TO REVISE THE DATE FOR ELECTIONS FOR TRUSTEES, THE FILING PERIOD, AND THE MANNER IN WHICH THE RESULTS OF THE ELECTIONS ARE DETERMINED.

On motion of Rep. MOSS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

S. 9 -- Senators Hayes, Campsen, Sheheen, McConnell, Mescher, McGill, Knotts, Fair and Elliott: A BILL TO AMEND SECTION 20-7-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LEGAL REPRESENTATION OF CHILDREN, INCLUDING THE APPOINTMENT OF GUARDIANS AD LITEM, SO AS TO PROVIDE THAT THE COURT MAY APPOINT AN ATTORNEY FOR A LAY GUARDIAN AD LITEM BUT MAY NOT IF THE GUARDIAN AD LITEM IS AN ATTORNEY.