House Journal for May 22, 2007 - South Carolina Legislature Online

House Journal for May 22, 2007 - South Carolina Legislature Online

TUESDAY, MAY 22, 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 Proverbs 3:3: “Let love and faithfulness never leave you, bind them around your neck, write them on the tablet of your heart.”

Let us pray. Our Heavenly Father, help us to practice justice and love, that burdens may be lifted. Lead these Representatives and staff to always trust in Your faithfulness to them. Continue to bless them with the abundance of Your grace. Bless our Nation, President, State, Governor, Speaker and all who serve in government and private enterprise. 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. AGNEW moved that when the House adjourns, it adjourn in memory of Margaret Bowie of Abbeville, which was agreed to.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., May 17, 2007

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 H.3456:

H. 3456 -- Reps. M.A.Pitts, Pinson and Parks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-150 SO AS TO AUTHORIZE A LOCAL OFFICIAL OR LANDOWNER TO SEEK TO REMOVE AND SELL OR REMOVE AND DESTROY A DERELICT MOBILE HOME BY APPLYING TO THE MAGISTRATES COURT AND TO ALLOW A LOCAL GOVERNING BODY TO IMPOSE A FEE TO DEFRAY THE COST OF LOCATION, IDENTIFICATION, AND INSPECTION OF DERELICT MOBILE HOMES; TO AMEND SECTION 12-49-85, RELATING TO UNCOLLECTIBLE REAL AND PERSONAL PROPERTY TAXES, SO AS TO ALLOW THE COUNTY AUDITOR TO WAIVE AND REMOVE FROM THE TAX DUPLICATE CURRENT AND DELINQUENT PROPERTY TAXES, ASSESSMENTS, COSTS, AND FEES FROM A MANUFACTURED HOME DEMOLISHED AND DISPOSED OF PURSUANT TO SECTION 6-1-150; AND TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-29-1145, SO AS TO CLARIFY THAT IF A LOCAL PLANNING AGENCY HAS NOTICE OF A RESTRICTIVE COVENANT ON A TRACT OR PARCEL OF LAND, THE LOCAL PLANNING AGENCY MUST NOT ISSUE A PERMIT FOR ACTIVITY THAT IS CONTRARY TO, CONFLICTS WITH, OR IS PROHIBITED BY THE RESTRICTIVE COVENANT UNLESS THE LOCAL PLANNING AGENCY RECEIVES CONFIRMATION FROM THE APPLICANT THAT THE RESTRICTIVE COVENANT HAS BEEN WAIVED FOR THE TRACT OR PARCEL OF LAND EITHER BY ACTION OF THE OTHER PROPERTY HOLDERS SUBJECT TO THE RESTRICTIVE COVENANT OR BY COURT ORDER.

and has ordered the Bill enrolled for ratification.

Very respectfully,

President

Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., May 17, 2007

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.661:

S. 661 -- Senators Gregory, Campsen and Ford: A JOINT RESOLUTION TO EXTEND UNTIL JANUARY 31, 2008, THE TIME IN WHICH THE EMINENT DOMAIN STUDY COMMITTEE, ESTABLISHED TO FORMULATE RECOMMENDATIONS CONCERNING THE CONDEMNATION AUTHORITY OF ALL ENTITIES THAT POSSESS THE POWER OF EMINENT DOMAIN IN SOUTH CAROLINA, THE EFFECT OF GOVERNMENTAL POLICY ON THE VALUE AND OWNERSHIP OF PRIVATE PROPERTY, AND THE NEED FOR REVISION OF CURRENT SLUM CLEARANCE AND REDEVELOPMENT USES OF EMINENT DOMAIN IN SOUTH CAROLINA, HAS TO PRESENT ITS REPORT AND RECOMMENDATIONS TO THE CHAIRMAN OF THE SENATE JUDICIARY COMMITTEE, THE CHAIRMAN OF THE HOUSE JUDICIARY COMMITTEE, AND THE GOVERNOR.

and has ordered the Joint Resolution enrolled for ratification.

Very respectfully,

President

Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., May 17, 2007

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.484:

S. 484 -- Senators Fair and Jackson: A BILL TO AMEND SECTION 59-113-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF INDEPENDENT INSTITUTION OF HIGHER LEARNING FOR PURPOSES OF PROVIDING TUITION GRANTS, SO AS TO INCLUDE IN THE DEFINITION AN INDEPENDENT BACHELOR'S LEVEL INSTITUTION CHARTERED BEFORE 1962 WHOSE MAJOR CAMPUS AND HEADQUARTERS ARE LOCATED WITHIN SOUTH CAROLINA.

and has ordered the Bill enrolled for ratification.

Very respectfully,

President

Received as information.

REPORT OF STANDING COMMITTEE

Rep. HIOTT, from the Pickens Delegation, submitted a favorable report on:

H. 3782 -- Reps. Rice, Hiott and Owens: A BILL TO AMEND ACT 260 OF 1981, AS AMENDED, RELATING TO THE PICKENS COUNTY SCHOOL BOARD OF TRUSTEES, SO AS TO REDUCE FROM THREE TO ONE THE NUMBER OF AT-LARGE MEMBERS OF THE BOARD, TO PROVIDE THAT THE AT-LARGE MEMBER OF THE BOARD SHALL SERVE AS ITS CHAIRMAN, AND TO MAKE CONFORMING CHANGES NECESSARY TO IMPLEMENT THE ABOVE PROVISIONS INCLUDING PROVIDING FOR THE ELECTION OF THE AT-LARGE MEMBER TO SERVE AS CHAIRMAN.

Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 4122 -- Reps. Talley and Kelly: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND THE DORMAN HIGH SCHOOL BOYS GOLF TEAM FOR CAPTURING THE 2007 CLASS AAAA STATE CHAMPIONSHIP TITLE, AND TO HONOR THE TEAM'S SUPERLATIVE PLAYERS, COACH, AND STAFF.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4123 -- Rep. Spires: A CONCURRENT RESOLUTION TO HONOR THE PELION PEANUT FESTIVAL IN LEXINGTON COUNTY, AUGUST 9-11, 2007, AND RECOGNIZE THE FESTIVAL'S CONTRIBUTIONS TO THE TOWN, COUNTY, AND STATE.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

INTRODUCTION OF BILLS

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

H. 4124 -- Reps. Spires and Taylor: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-240 SO AS TO PROVIDE THE ANNUAL CAPITAL CITY SOFTBALL CLASSIC BETWEEN THE HOUSE OF REPRESENTATIVES AND SENATE CONSIST OF ONE TEAM COMPRISED OF AT LEAST SEVEN MEMBERS OF THE HOUSE OF REPRESENTATIVES AND ONE TEAM COMPRISED OF AT LEAST SEVEN MEMBERS OF THE SENATE, ALL OF WHOM MUST ACTIVELY PLAY DURING THE ENTIRE GAME; TO PROVIDE THAT THE GAME BE OFFICIATED BY THREE REFEREES SELECTED FROM CANDIDATES ACTIVELY SEEKING JUDICIAL OFFICE SO AS TO VIEW THE EXERCISE OF THEIR JUDGMENT IN THE HEAT OF BATTLE; AND TO PROVIDE THAT IF A TEAM FAILS TO HAVE THE REQUISITE NUMBER OF QUALIFIED PLAYERS IN AN INNING, THE OTHER TEAM IS AWARDED A NUMBER OF RUNS EQUAL TO THE DIFFERENCE BETWEEN THE NUMBER OF PLAYERS THE VIOLATING TEAM FIELDS AND THE NUMBER OF PLAYERS REQUIRED.

Rep. SPIRES asked unanimous consent to have the Bill placed on the Calendar without reference.

Rep. RUTHERFORD objected.

Referred to Committee on Invitations and Memorial Resolutions

S. 310 -- Senators Hayes, Setzler and Gregory: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT THE GROSS PROCEEDS OF SALES OR SALES PRICE OF DURABLE MEDICAL EQUIPMENT AND RELATED MEDICAL SUPPLIES ELIGIBLE FOR MEDICARE OR MEDICAID REIMBURSEMENT AND WHICH ARE SOLD BY WRITTEN PRESCRIPTION OR CERTIFICATE OF MEDICAL NECESSITY.

Referred to Committee on Ways and Means

HOUSE RESOLUTION

The following was introduced:

H. 4125 -- Rep. Huggins: A HOUSE RESOLUTION TO RECOGNIZE AND CONGRATULATE GLADYS AND JOE GRIMAUD OF LEXINGTON COUNTY ON REACHING THEIR FIFTIETH WEDDING ANNIVERSARY AND TO EXTEND BEST WISHES FOR MANY MORE YEARS OF BLESSING AND FULFILLMENT.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4126 -- Rep. Huggins: A CONCURRENT RESOLUTION TO HONOR DR. MARY TUCK KENNERLY OF RICHLAND COUNTY FOR TWENTY-THREE YEARS OF SERVICE AS PRINCIPAL OF NURSERY ROAD ELEMENTARY SCHOOL UPON THE OCCASION OF HER RETIREMENT, AND TO EXTEND BEST WISHES FOR MUCH SUCCESS AND HAPPINESS IN ALL HER FUTURE ENDEAVORS.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The following was introduced:

H. 4127 -- Reps. Jennings, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G.Brown, R.Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J.H.Neal, J.M.Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E.H.Pitts, M.A.Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D.C.Smith, F.N.Smith, G.M.Smith, G.R.Smith, J.E.Smith, J.R.Smith, W.D.Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO HONOR DR. BLAIR A. RUDES FOR HIS DISTINGUISHED SERVICE AS A MEMBER OF THE FIRST STATE RECOGNITION COMMITTEE AND THE INVALUABLE EXPERTISE HE PROVIDED TO THE SOUTH CAROLINA COMMISSION FOR MINORITY AFFAIRS AS IT SOUGHT TO OFFICIALLY RECOGNIZE THE ANCESTORS OF THE NATIVE AMERICAN PEOPLE OF THIS STATE.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

HOUSE RESOLUTION

On motion of Rep. GULLICK, with unanimous consent, the following was taken up for immediate consideration:

H. 4128 -- Rep. Gullick: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE FORT MILL HIGH SCHOOL MOCK TRIAL TEAM, COACHES, AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED FOR CAPTURING THE STATE TITLE AT THE 2007 STATE MOCK TRIAL COMPETITION.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives be extended to the Fort Mill High School Mock Trial Team, coaches, and school officials, at a date and time to be determined by the Speaker, for the purpose of being recognized and congratulated on their outstanding season and for capturing the state title at the 2007 State Mock Trial Competition.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4129 -- Rep. Gullick: A HOUSE RESOLUTION TO CONGRATULATE THE FORT MILL HIGH SCHOOL MOCK TRIAL TEAM FOR CAPTURING THE STATE TITLE AT THE 2007 STATE HIGH SCHOOL MOCK TRIAL COMPETITION AND TO OFFER BEST WISHES TO THEM IN ALL OF THEIR FUTURE ENDEAVORS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4130 -- Rep. Coleman: A HOUSE RESOLUTION TO CONGRATULATE THE RICHARD WINN ACADEMY EAGLES BASEBALL TEAM ON ITS IMPRESSIVE WIN OF THE 2007 SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION CLASS AA STATE CHAMPIONSHIP TITLE, AND TO HONOR THE PLAYERS, ASSISTANT COACHES, AND HEAD COACH BEN PORTER ON AN OUTSTANDING SEASON.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4131 -- Rep. Coleman: A HOUSE RESOLUTION RECOGNIZING FAIRFIELD COUNTY'S RICHARD WINN ACADEMY EAGLES GOLF TEAM ON CAPTURING THE 2007 SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION CLASS AA TITLE, AND APPLAUDING THE EAGLES ON THEIR STELLAR TEAM AND INDIVIDUAL PLAY UNDER THE GUIDANCE OF COACHES KEN ATKERSON AND MARK CHAPMAN.

The Resolution was adopted.

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows:

Agnew / Alexander / Allen
Anthony / Bales / Ballentine
Bannister / Barfield / Battle
Bedingfield / Bingham / Bowen
Bowers / Brady / Branham
Brantley / Breeland / G.Brown
R.Brown / Cato / Ceips
Chalk / Chellis / Clemmons
Clyburn / Cobb-Hunter / Coleman
Cooper / Crawford / Dantzler
Davenport / Delleney / Duncan
Edge / Frye / Funderburk
Gambrell / Govan / Gullick
Hagood / Haley / Hamilton
Hardwick / Harrell / Harrison
Hart / Harvin / Haskins
Hayes / Herbkersman / Hinson
Hiott / Hodges / Hosey
Howard / Huggins / Jefferson
Jennings / Kelly / Kennedy
Kirsh / Leach / Limehouse
Littlejohn / Loftis / Lowe
Lucas / Mahaffey / McLeod
Merrill / Miller / Mitchell
Moss / Mulvaney / J.H.Neal
J.M.Neal / Neilson / Ott
Owens / Perry / Pinson
E.H.Pitts / M.A.Pitts / Rice
Rutherford / Sandifer / Scarborough
Scott / Sellers / Shoopman
Simrill / Skelton / D.C.Smith
F.N.Smith / G.M.Smith / G.R.Smith
J.R.Smith / W.D.Smith / Spires
Stavrinakis / Stewart / Talley
Taylor / Thompson / Toole
Umphlett / Vick / Walker
Weeks / Whipper / White
Whitmire / Williams / Witherspoon
Young

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, May 22.

Carl Anderson / Bill Cotty
Patsy Knight / David Mack
Anne Parks / Thad Viers

Total Present--121

LEAVE OF ABSENCE

The SPEAKER granted Rep. MOODY-LAWRENCE a leave of absence for the day due to illness.

LEAVE OF ABSENCE

The SPEAKER granted Rep. PHILLIPS a leave of absence for the week due to illness.

DOCTOR OF THE DAY

Announcement was made that Dr. Gregory Squires of Charleston was the Doctor of the Day for the General Assembly.

CO-SPONSORS ADDED AND REMOVED

In accordance with House Rule 5.2 below:

"5.2Every 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 cosponsor 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 cosponsor 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 cosponsor’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.”

CO-SPONSOR ADDED

Bill Number: / H.3627
Date: / ADD:
05/22/07 / E.H.PITTS

CO-SPONSOR ADDED

Bill Number: / H.3627
Date: / ADD:
05/22/07 / HALEY

CO-SPONSOR ADDED

Bill Number: / H.3751
Date: / ADD:
05/22/07 / ANDERSON

CO-SPONSOR ADDED

Bill Number: / H.3751
Date: / ADD:
05/22/07 / OWENS

CO-SPONSOR ADDED

Bill Number: / H.3751
Date: / ADD:
05/22/07 / M.A.PITTS

CO-SPONSOR ADDED

Bill Number: / H.3751
Date: / ADD:
05/22/07 / LIMEHOUSE

CO-SPONSOR ADDED

Bill Number: / H.3751
Date: / ADD:
05/22/07 / G.BROWN

CO-SPONSOR ADDED

Bill Number: / H.3751
Date: / ADD:
05/22/07 / DANTZLER

CO-SPONSOR REMOVED

Bill Number: / H.3876
Date: / REMOVE:
05/22/07 / MERRILL

H. 4080--COMMITTED

The following Bill was taken up:

H. 4080 -- Rep. Moss: A BILL TO PROVIDE A MINIMUM DISTANCE WITHIN WHICH A COMMERCIAL CONSTRUCTION, DEMOLITION, AND LAND-CLEARING LANDFILL IN YORK COUNTY MAY BE LOCATED FROM BUCKHORN CREEK AND TO PROVIDE EXCEPTIONS AND DEFINITIONS.

Rep. KIRSH moved to commit the Bill to the York Delegation, which was agreed to.

STATEMENT FOR THE JOURNAL

ABSTENTION FROM VOTING ON H. 4080

BASED ON POTENTIAL CONFLICT OF INTEREST

In accordance with §8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:

Part IA, Section 44, 55, 32, 46, 43 and 38

The reason for abstaining on the above referenced legislation is:

A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code §8-13-700(B).

A potential conflict may exist under S.C. Code §8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

A potential conflict may exist under S.C. Code §8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself,

an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.

Rep. Carl Gullick

H. 4111--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 4111 -- Rep. Hayes: A BILL TO AUTHORIZE THE DILLON COUNTY BOARD OF EDUCATION TO CONSTRUCT, RENOVATE, AND REPAIR SCHOOL BUILDINGS IN THE COUNTY USING LEASE-PURCHASE FINANCING AGREEMENTS IN THE PRINCIPAL AMOUNT NOT TO EXCEED, IN THE AGGREGATE, SIXTY MILLION DOLLARS AND TO GIVE SPECIFIC POWERS TO THE BOARD AND PROVIDE FOR CERTAIN LIMITATIONS REGARDING LEASE-PURCHASE AGREEMENTS; TO DIRECT THE DILLON COUNTY AUDITOR TO LEVY MILLAGE IN SPECIFIED AMOUNTS SUBJECT TO CERTAIN LIMITATIONS; TO AUTHORIZE A REFERENDUM TO BE CONDUCTED IN DILLON COUNTY TO IMPOSE A SALES AND USE TAX FOR THE PURPOSE OF COLLECTING REVENUES TO PAY FOR EXPENSES RELATED TO A LEASE-PURCHASE AGREEMENT AND TO PROVIDE FOR THE METHOD OF IMPOSING, ADMINISTERING, AND COLLECTING THE TAX; AND TO REPEAL ACT 197 OF 2005, RELATING TO THE IMPOSITION OF A SALES AND USE TAX FOR SCHOOL INFRASTRUCTURE NEEDS.

Rep. HAYES proposed the following Amendment No.1 (Doc Name COUNCIL\MS\7340SSP07), which was adopted:

Amend the bill, as and if amended, by deleting subitem (1), subsection (D), as contained in SECTION 4, page 6, lines 12 through 17 and inserting:

/ (D)(1)If the tax is approved in a referendum, the tax must be imposed beginning on the first day of the month following the termination of the capitalproject sales tax imposed in the county as of the effective date of this act pursuant to Article 3, Chapter 10, Title 4 of the 1976 Code or, if later, the first day of the fourth full month following the date of the referendum. /

Amend the bill further, by deleting subsection (G), as contained in SECTION 4, page 8, lines 3 through 11 and inserting:

/ (G)The department shall furnish data to the State Treasurer and to the school districts for the purpose of calculating distributions and estimating revenues. The information that must be supplied to the board upon request includes, but is not limited to, gross receipts, net taxable sales, and tax liability by taxpayers. Information about a specific taxpayer is considered confidential and is governed by the provisions of Section 1254240 of the 1976 Code. A person violating this section is subject to the penalties provided in Section 1254240 of the 1976 Code. /