House Journal for May 16, 2006 - South Carolina Legislature Online

TUESDAY, MAY 16, 2006

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 Psalm 119:49: “Remember your word to your servant, for you have given me hope.”

Let us pray. O God of our salvation, the hope of all the ends of the earth, hear our prayer. We call upon You this day for Your blessings to abide on each of these people who strive to do the best for the people of this State. Guide them in their thinking and actions. Be present with this body of Representatives and staff as they carry out their duties. Bless our Nation, President, State, Governor, Speaker, Representatives and staff. Keep our defenders of freedom safe in Your care as they protect us. In the name of our Lord, we pray. Amen.

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

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

MOTION ADOPTED

Rep. COTTY moved that when the House adjourns, it adjourn in memory of Kris Hoffman of Columbia, which was agreed to.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., May 16, 2006

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that the Report of the Committee of Free Conference on the following Bill, having been adopted by both Houses, it was ordered that the title be changed to that of an Act and the Act enrolled for ratification:

H. 3402 -- Reps. M.A.Pitts, Taylor, Owens, Duncan, Vick, Hardwick, Hagood, Ott, Ceips, Haley, Hiott, Limehouse, E.H.Pitts, G.R.Smith, Toole, Umphlett, Witherspoon, Chellis, Stewart, Mahaffey, Barfield, Huggins, Loftis, White, Clemmons, Walker, Littlejohn and Sinclair: A BILL TO AMEND SECTION 2-17-10 AND 8-13-1300, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF TERMS IN MATTERS RELATING TO CAMPAIGN PRACTICES AND IN MATTERS RELATING TO LOBBYISTS AND LOBBYING, RESPECTIVELY, INCLUDING THE DEFINITION OF LEGISLATIVE CAUCUS COMMITTEE, SO AS TO PROVIDE THAT SUCH A CAUCUS MAY BE CREATED BASED UPON A SPECIAL LEGISLATIVE INTEREST; TO AMEND SECTION 8-13-1333, RELATING TO CAMPAIGN FINANCE, TO PROHIBIT SOLICITATION OF CONTRIBUTIONS BY LEGISLATIVE SPECIAL INTEREST CAUCUSES BUT TO PERMIT SOLICITATION OF OTHER FUNDS AND TO ESTABLISH REQUIREMENTS FOR FUND SOLICITATION AND USE OF THOSE FUNDS AND TO ESTABLISH REQUIREMENTS TO MAINTAIN FINANCIAL RECORDS; AND TO AMEND SECTION 2-17-110, RELATING TO ACTS PROHIBITED BY LOBBYISTS AND LOBBYISTS' PRINCIPALS TO PROHIBIT FINANCIAL ASSISTANCE FROM A LOBBYIST, LOBBYIST'S PRINCIPAL, OR PERSON ACTING ON BEHALF OF A LOBBYIST OR LOBBYIST'S PRINCIPAL.

Very respectfully,

President

Received as information.

REGULATION RECEIVED

The following was received and referred to the appropriate committee for consideration:

Document No. 3052

Agency: Public Service Commission

Statutory Authority: 1976 Code Section 58-3-140

Telecommunications Utilities

Received by Speaker of the House of Representatives

May 16, 2006

Referred to Labor, Commerce and Industry Committee

Legislative Review Expiration April 22, 2007

REPORT OF STANDING COMMITTEE

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:

S. 1353 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO CHILD SUPPORT GUIDELINES, DESIGNATED AS REGULATION DOCUMENT NUMBER 3044, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

INTRODUCTION OF BILL

The following Joint Resolution was introduced, read the first time, and referred to appropriate committee:

H. 5131 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SHELLFISH, DESIGNATED AS REGULATION DOCUMENT NUMBER 3002, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without Reference

HOUSE RESOLUTION

The following was introduced:

H. 5132 -- Rep. Duncan: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR STEWART AND DOROTHEA PEET OF LAURENS COUNTY FOR THEIR OUTSTANDING CONTRIBUTIONS TO THEIR COMMUNITY THROUGH VOLUNTEERISM, AND TO WISH THEM ALL THE BEST IN THE COMING YEARS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5133 -- Rep. Haley: A HOUSE RESOLUTION TO COMMEND BILL GALARDI FOR THE OUTSTANDING WORK HE HAS DONE ON BEHALF OF THE STATE OF SOUTH CAROLINA, AND TO RECOGNIZE HIM FOR BEING NAMED THE STATE EMPLOYEES ASSOCIATION'S MALE STATE EMPLOYEE OF THE YEAR FOR THE RICHLAND AND LEXINGTON CHAPTER.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5134 -- Reps. Barfield, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Battle, Bingham, Bowers, Brady, Branham, Breeland, G.Brown, J.Brown, R.Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J.Hines, M.Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J.H.Neal, J.M.Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E.H.Pitts, M.A.Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D.C.Smith, F.N.Smith, G.M.Smith, G.R.Smith, J.E.Smith, J.R.Smith, W.D.Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A HOUSE RESOLUTION TO COMMEND MR. ROBERT W. JOHNS, DIRECTOR OF MARKETING FOR NUCOR STEEL CORPORATION, ON HIS DISTINGUISHED CAREER SERVING THE MEN AND WOMEN OF NUCOR STEEL, AND TO COMMEND HIM FOR HIS UNWAVERING ADVOCACY AND BELIEF IN THE AMERICAN MANUFACTURING SECTOR, AND

TO EXTEND TO HIM EVERY BEST WISH FOR A HAPPY AND ENJOYABLE RETIREMENT.

The Resolution was adopted.

ROLL CALL

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

Agnew / Allen / Altman
Anderson / Anthony / Bailey
Bales / Ballentine / Bannister
Barfield / Battle / Bingham
Brady / Branham / Breeland
G.Brown / J.Brown / R.Brown
Cato / Ceips / Chalk
Chellis / Clark / Clemmons
Clyburn / Coates / Cobb-Hunter
Coleman / Cooper / Cotty
Dantzler / Davenport / Delleney
Duncan / Edge / Emory
Frye / Funderburk / Govan
Hagood / Haley / Hamilton
Hardwick / Harrell / Harrison
Haskins / Hayes / Herbkersman
J.Hines / M.Hines / Hinson
Hiott / Hodges / Howard
Huggins / Jefferson / Jennings
Kirsh / Leach / Limehouse
Littlejohn / Loftis / Mack
Mahaffey / Martin / McCraw
McLeod / Merrill / Miller
Moody-Lawrence / J.H.Neal / J.M.Neal
Neilson / Norman / Ott
Owens / Perry / Phillips
Pinson / E.H.Pitts / M.A.Pitts
Rhoad / Rice / Rivers
Sandifer / Scarborough / Scott
Sinclair / Skelton / D.C.Smith
G.M.Smith / G.R.Smith / J.R.Smith
W.D.Smith / Stewart / Talley
Taylor / Thompson / Toole
Townsend / Tripp / Umphlett
Vaughn / Vick / Walker
Weeks / White / Whitmire
Witherspoon / Young

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, May 16.

Anne Parks / Fletcher Smith
James Lucas / Thad Viers
Cathy Harvin / Lonnie Hosey
James McGee / William Bowers
Todd Rutherford / Harold Mitchell
Kenneth Kennedy / Jackson "Seth" Whipper

Total Present--122

LEAVE OF ABSENCE

The SPEAKER granted Rep. J.E.SMITH a leave of absence for the week due to business reasons.

DOCTOR OF THE DAY

Announcement was made that Dr. Beverly Simons of Columbia is the Doctor of the Day for the General Assembly.

CO-SPONSOR ADDED

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 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.4977
Date: / ADD:
05/16/06 / G.R.SMITH

SENT TO THE SENATE

The following Bill was taken up, read the third time, and ordered sent to the Senate:

H. 3187 -- Reps. Rice, Owens, Loftis, Vaughn, G.R.Smith, Hinson, Viers and Clark: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 16 TO TITLE 59 SO AS TO ESTABLISH THE SOUTH CAROLINA VIRTUAL CHARTER SCHOOL DISTRICT, PROVIDE THAT IT MUST BE GOVERNED BY A BOARD OF TRUSTEES, PROVIDE ITS POWERS AND DUTIES, PROVIDE FOR THE STUDENTS' SUPERVISION AND THE STUDENTS' DUTIES, PROVIDE FOR THE DISTRICT'S TEACHERS AND FUNDING, PROVIDE A TAX CREDIT FOR AN INDIVIDUAL OR A CORPORATION THAT MAKES A DONATION TO THE DISTRICT, PROVIDE THAT THE DISTRICT MAY NOT LEVY ADDITIONAL TAXES OR ISSUE BONDS WITHOUT THE APPROVAL OF THE GENERAL ASSEMBLY, AND PROVIDE THAT THE BOARD OF TRUSTEES OF THE DISTRICT MAY PROMULGATE REGULATIONS.

H. 3343--REQUESTS FOR DEBATE

The following Bill was taken up:

H. 3343 -- Reps. Hagood, Cotty, Harrison, Limehouse, Loftis, McLeod, Townsend, Merrill, Herbkersman, Pinson, Altman, Barfield, Battle, Branham, G.Brown, Ceips, Coleman, Davenport, Funderburk, Mack, McGee, Miller, J.H.Neal, Ott, Rivers, Scarborough, J.E.Smith, W.D.Smith, Young and Hodges: A BILL TO AMEND CHAPTER 22, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRETRIAL INTERVENTION PROGRAM BY DESIGNATING THE EXISTING SECTIONS AS ARTICLE 1 AND BY ADDING ARTICLE 3 SO AS TO CREATE THE TRAFFIC DIVERSION PROGRAM, TO PROVIDE THAT EACH SOLICITOR HAS THE AUTHORITY TO ESTABLISH A PROGRAM FOR PERSONS WHO COMMIT TRAFFIC-RELATED OFFENSES PUNISHABLE BY A FINE OR LOSS OF POINTS, TO PROVIDE THAT THE APPROPRIATE MUNICIPALITY OR COUNTY IS AUTHORIZED TO CREATE A PROGRAM WITH THE APPROVAL OF THE SOLICITOR, AND TO PROVIDE PROCEDURES FOR THE OPERATION OF A PROGRAM AND REQUIREMENTS FOR PERSONS DESIRING TO ENTER A PROGRAM.

Reps. WALKER, CATO, KIRSH, ANTHONY, OWENS, DAVENPORT, SKELTON, COATES, MAHAFFEY, HAGOOD, TOOLE and BINGHAM requested debate on the Bill.

S.776--AMENDED AND REQUESTS FOR DEBATE

The following Bill was taken up:

S. 776 -- Senator Verdin: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO ALLOW A PROPERTY TAX EXEMPTION FOR A MOTOR VEHICLE LICENSED AND REGISTERED BY THE SOUTH CAROLINA DEPARTMENT OF MOTOR VEHICLES AS AN ANTIQUE MOTOR VEHICLE.

Rep. LIMEHOUSE proposed the following Amendment No.1 (Doc Name COUNCIL\NBD\12533AC06), which was adopted:

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION __. A. Section 1237224 of the 1976 Code, as added by Act 114 of 1999, is amended to read:

“Section 1237224. A motor home or boat on which the interest portion of indebtedness is deductible pursuant to the Internal Revenue Code as an interest expense on a qualified primary or second residence is also a primary or second residence for purposes of ad valorem property taxation in this State and is considered real property rather than personal property for property tax purposes.”

B. Section 1237220(B)(38) of the 1976 Code is amended to read:

“(38)(a) Watercraft and motors which that have an assessment of not more than fifty dollars.

(b) an amount of the fair market value of any watercraft, including those assessed pursuant to Section 1237224, sufficient to limit to one thousand five hundred dollars the total property tax on the watercraft for a propertytax year.”

C.(1) Section 1237224 of the 1976 Code is amended to read:

“Section 1237224. A motor home, or trailer used for camping and recreational travel that is pulled by a motor vehicle, on which the interest portion of indebtedness is deductible pursuant to the Internal Revenue Code as an interest expense on a qualified primary or second residence is also a primary or second residence for purposes of ad valorem property taxation in this State and is considered real property rather than personal property for property tax purposes.”

(2) SECTION C.(1) takes effect upon approval by the Governor and is applicable for travel trailer property tax years beginning after 2006.

D. This section takes effect upon approval by the Governor and applies for property tax years beginning after 2005./

Renumber sections to conform.

Amend title to conform.

Rep. LIMEHOUSE explained the amendment.

The amendment was then adopted.

Reps. MAHAFFEY, MCLEOD and BALES proposed the following Amendment No.2 (Doc Name COUNCIL\NBD\12541AC06), which was adopted:

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION __. a. Section 1237224 of the 1976 Code is amended to read:

B. This section takes effect upon approval by the Governor and is applicable for travel trailer property tax years beginning after 2005./

Renumber sections to conform.

Amend title to conform.

Rep. MAHAFFEY explained the amendment.

The amendment was then adopted.

Rep. KIRSH explained the Bill.

Rep. KIRSH moved to adjourn debate on the Bill.

Rep. TAYLOR moved to table the motion.

Rep. MOODY-LAWRENCE demanded the yeas and nays which were taken, resulting as follows:

Yeas 61; Nays 34

Those who voted in the affirmative are: