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 55:22: "Cast your cares on the Lord and He will sustain you."
Let us pray. Almighty God, when we are weighed down with anxiety and frustration and the concerns of the day, make known to us that You are faithful and able to take those problems and help us resolve them. Let us set them in Your hands, O God, for You care for us. Bless our Nation, our President, our State and her leaders. Be the protector of our defenders of freedom. Let our prayer come before You. 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. CLYBURN moved that when the House adjourns, it adjourn in memory of Willie Tyler of Aiken, which was agreed to.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3400 (Word version) -- Rep. Anthony: A BILL TO ABOLISH THE LOCKHART SCHOOL DISTRICT HEALTH COMMISSION IN UNION COUNTY AND TO REPEAL ACT 1171 OF 1948 ESTABLISHING THIS HEALTH COMMISSION.
On motion of Rep. ANTHONY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3401 (Word version) -- Reps. Harrell, Cooper, Battle, Miller, Bales, Vick, Agnew, Allen, Anderson, Anthony, Bailey, Ballentine, Barfield, Bowers, Branham, Breeland, G. Brown, Coleman, Emory, Funderburk, Haley, Hardwick, Hayes, Herbkersman, M. Hines, Jennings, Kennedy, Lucas, McCraw, McGee, J. M. Neal, Neilson, Ott, Owens, Phillips, Rhoad, Rivers, Sinclair, Skelton, J. E. Smith, Thompson and Wilkins: A BILL TO AMEND ACT 518 OF 1980, AS AMENDED, RELATING TO THE UNIVERSITY OF SOUTH CAROLINA ATHLETIC FACILITIES REVENUE BONDS, SO AS TO RAISE THE OUTSTANDING DEBT LIMIT FOR THESE BONDS FROM FORTY MILLION TO SIXTY MILLION DOLLARS.
Referred to Committee on Ways and Means
H. 3402 (Word version) -- Reps. M. A. Pitts, Taylor, Owens, Duncan, Vick, Hardwick, Hagood, Ott, Ceips, Haley, Hiott, Limehouse, E. H. Pitts, G. R. Smith, Toole, Umphlett and Witherspoon: 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.
Referred to Committee on Judiciary
H. 3403 (Word version) -- Rep. Clemmons: A BILL TO REPEAL SECTION 56-3-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTING CERTAIN BOAT TRAILERS, FARM TRAILERS, AND UTILITY TRAILERS FROM THE PROVISIONS THAT REQUIRE VEHICLES TO BE LICENSED OR REGISTERED.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 3404 (Word version) -- Rep. Scott: A BILL TO ENACT THE SOUTH CAROLINA RETIREMENT SYSTEM OPTION PLAN IN THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-1-1555 SO AS TO ALLOW A PERSON ON FIRST BECOMING A MEMBER OF THE SOUTH CAROLINA RETIREMENT SYSTEM IRREVOCABLY TO ELECT TO PAY AN EMPLOYEE CONTRIBUTION SUFFICIENT TO PAY THE FULL ACTUARIAL COST OF ALLOWING THAT MEMBER TO RETIRE AT ANY AGE WITHOUT PENALTY WITH EITHER TWENTY-FIVE OR TWENTY-EIGHT YEARS OF CREDITED SERVICE AND RECEIVE A RETIREMENT BENEFIT EQUAL TO THE BENEFIT OTHERWISE RECEIVED AFTER THIRTY YEARS OF CREDITED SERVICE AND TO PROVIDE THE MULTIPLIER FRACTIONS USED IN CALCULATING THE RETIREMENT BENEFITS OF PERSONS MAKING THIS ELECTION, TO AMEND SECTIONS 9-1-1510, 9-1-1515, 9-1-1550, 9-1-1660, 9-1-1770, AND 9-1-1850, ALL AS AMENDED, RELATING TO RETIREMENT AND EARLY RETIREMENT, CALCULATION OF RETIREMENT BENEFITS, SURVIVORS' ANNUITIES, DEATH BENEFITS, AND SERVICE PURCHASE FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO INCREASE FROM TWENTY-EIGHT TO THIRTY YEARS THE SERVICE CREDIT REQUIRED FOR A MEMBER OF THAT SYSTEM TO RETIRE AT ANY AGE WITHOUT A REDUCTION IN BENEFITS AND TO MAKE THE APPROPRIATE CONFORMING AMENDMENTS AND TO MAKE THE PROVISIONS OF THIS ACT EFFECTIVE FOR PERSONS FIRST BECOMING MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM AFTER JUNE 30, 2005.
Referred to Committee on Ways and Means
H. 3405 (Word version) -- Reps. Mahaffey, J. Brown, Howard, Hosey, Kennedy, M. Hines, Townsend, Anthony, Breeland, Cato, Dantzler, Emory, Hardwick, Hayes, Herbkersman, Jefferson, Jennings, Leach, J. M. Neal, Owens, M. A. Pitts, Rivers, Sinclair, Toole, Umphlett, Vaughn, Witherspoon and Young: A BILL TO AMEND SECTION 40-51-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN CONNECTION WITH THE LICENSURE AND REGULATION OF PODIATRISTS, SO AS TO REVISE THE DEFINITION OF "PODIATRY" AND TO DEFINE "PRACTICE OF PODIATRY".
Referred to Committee on Medical, Military, Public and Municipal Affairs
The roll call of the House of Representatives was taken resulting as follows:
Agnew Altman Anderson Anthony Bailey Bales Ballentine Barfield Battle Bingham Bowers Brady Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Coates Cobb-Hunter Cooper Dantzler Davenport Delleney Duncan Emory Frye Funderburk Govan Hagood Haley Hardwick Harrell Harrison Haskins Hayes Herbkersman M. Hines Hinson Hiott Hosey Howard Huggins Jefferson Jennings Kennedy Kirsh Leach Lee Limehouse Littlejohn Lucas Mack Mahaffey Martin McCraw McGee McLeod Merrill Miller J. M. Neal Norman Ott Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Rhoad Rice Rivers Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Stewart Talley Taylor Thompson Toole Tripp Umphlett Vaughn Vick Walker Whipper White Wilkins Witherspoon Young
I came in after the roll call and was present for the Session on Thursday, January 27.
James E. Smith William R. "Bill" Whitmire Karl Allen Dwight Loftis Tracy Edge Fletcher Smith Thad Viers Denny Neilson Todd Rutherford Ronald Townsend Creighton Coleman David Weeks Joseph Neal Bill Cotty Jesse Hines
Announcement was made that Dr. Dale R. Gordineer of Trenton is the Doctor of the Day for the General Assembly.
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. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. 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. 3213 (Word version)
Date: ADD:
01/27/05 LEACH
Bill Number: H. 3213 (Word version)
Date: ADD:
01/27/05 MCGEE
Bill Number: H. 3213 (Word version)
Date: ADD:
01/27/05 W. D. SMITH
Bill Number: H. 3142 (Word version)
Date: ADD:
01/27/05 OWENS
Bill Number: H. 3338 (Word version)
Date: ADD:
01/27/05 COOPER
Bill Number: H. 3085 (Word version)
Date: ADD:
01/27/05 ALTMAN
Bill Number: H. 3011 (Word version)
Date: REMOVE:
01/27/05 TOOLE
The following Bills and Joint Resolution were taken up, read the third time, and ordered sent to the Senate:
H. 3321 (Word version) -- Rep. Clyburn: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED IN JANUARY 2005, BY THE STUDENTS OF A SCHOOL IN THE AIKEN COUNTY SCHOOL DISTRICT OR ANY OTHER SCHOOL OR INSTITUTION OF HIGHER LEARNING IN AIKEN COUNTY WHEN THE SCHOOL WAS CLOSED DUE TO THE TRAIN WRECK AND CHEMICAL LEAK IN GRANITEVILLE ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
H. 3356 (Word version) -- Rep. Vick: A BILL TO AMEND ACT 587 OF 1994, AS AMENDED, RELATING TO THE CREATION OF THE CHESTERFIELD COUNTY BOARD OF ELECTIONS, SO AS TO INCREASE FROM SEVEN TO NINE THE MEMBERS ON THE BOARD.
H. 3363 (Word version) -- Reps. Mahaffey, Sinclair, Davenport, Anthony and W. D. Smith: A BILL TO AMEND ACT 248 OF 1969, AS AMENDED, RELATING TO THE CREATION OF THE STARTEX AREA FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE FROM TWENTY TO FIVE HUNDRED THOUSAND DOLLARS THE BORROWING LIMITS OF THE DISTRICT AND TO AUTHORIZE THE BOARD OF FIRE CONTROL TO HIRE SUCH EMPLOYEES AND DETERMINE THEIR SALARIES.
H. 3371 (Word version) -- Reps. Vick, Neilson and Jennings: A BILL TO AMEND ACT 587 OF 1994, AS AMENDED, RELATING TO THE CREATION OF THE CHESTERFIELD COUNTY BOARD OF ELECTIONS AND REGISTRATION, SO AS TO GIVE THE CHESTERFIELD COUNTY LEGISLATIVE DELEGATION THE SOLE APPOINTIVE POWERS FOR MEMBERS OF THE CHESTERFIELD COUNTY BOARD OF ELECTIONS AND REGISTRATION INSTEAD OF BEING APPOINTED BY THE GOVERNOR UPON RECOMMENDATION OF THE CHESTERFIELD COUNTY LEGISLATIVE DELEGATION.
H. 3026 (Word version) -- Reps. Cato, G. M. Smith, Edge, Sandifer, Coates, Kirsh and Bales: A BILL TO AMEND SECTION 6-9-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADOPTION AND PROMULGATION OF CERTAIN BUILDING CODES AND STANDARDS, SO AS TO PROVIDE THE MODIFICATIONS PROMULGATED PURSUANT TO THE PROVISIONS OF THIS SECTION DO NOT REQUIRE READOPTION BY THE BUILDING CODES COUNCIL FOR SUBSEQUENT EDITIONS OF THE BUILDING CODES, AND TO PROVIDE A PROCEDURE TO RECONSIDER EXISTING MODIFICATIONS.
H. 3152 (Word version) -- Reps. Harrell, Wilkins, Leach, Littlejohn, Young, Bailey, Battle, Rice, Scarborough, Hinson, Simrill, Mahaffey, Sandifer, Hagood and J. E. Smith: A BILL TO AMEND CHAPTER 62 OF TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA MOTION PICTURE INCENTIVE ACT, SO AS TO INCLUDE AN EXEMPTION FROM LOCAL, AS WELL AS STATE, SALES AND USE TAXES, TO DEFINE "EMPLOYEE" FOR PURPOSES OF A FIVE PERCENT REBATE ON ALL TAXABLE WAGES PAID IN CONNECTION WITH AN EMPLOYEE'S WORK ON A MOTION PICTURE AND TO PROVIDE PROCEDURES FOR CLAIMING THE REBATE, TO ALLOW UP TO SEVEN PERCENT OF THE GENERAL FUND PORTION OF ADMISSIONS TAX COLLECTED BY THE STATE AND FUNDED TO THE USE OF THE SOUTH CAROLINA FILM COMMISSION TO BE USED EXCLUSIVELY FOR MARKETING AND SPECIAL EVENTS, AND TO PROVIDE, FURTHER, THAT THE COMMISSION REPORT ANNUALLY TO THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT ON USE OF ALL ITS FUNDS IN A PUBLIC REPORT, ACCESSIBLE ON ITS WEBSITE; TO AMEND SECTION 12-36-920, AS AMENDED, RELATING TO SALES TAX ON GROSS PROCEEDS FROM RENTALS ON LODGINGS, SO AS TO DELETE A REBATE TO A MOTION PICTURE PRODUCTION COMPANY FOR SALES TAX PAID ON ACCOMMODATIONS; TO AMEND SECTION 1-30-25, AS AMENDED, RELATING TO THE DEPARTMENT OF COMMERCE, SO AS TO DELETE A REFERENCE TO THE STATE DEVELOPMENT BOARD; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STATE SALES AND USE TAX, SO AS TO DELETE THE EXEMPTION FOR THE PROCEEDS OF SALES MADE TO A MOTION PICTURE COMPANY.
H. 3373 (Word version) -- Reps. W. D. Smith, Walker, Sinclair, Davenport, Littlejohn, Mahaffey and Talley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-23-810 SO AS TO PROVIDE THAT THE PORTION OF ROADSIDE VEGETATION ADJACENT TO INTERSTATE HIGHWAY 26, INTERSTATE HIGHWAY 85, AND INTERSTATE HIGHWAY 585 IN SPARTANBURG COUNTY MAY BE MOWED BEYOND THIRTY FEET FROM THE PAVEMENT.
The following Bill and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
H. 3396 (Word version) -- Reps. Bowers and Rivers: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAY MISSED ON SEPTEMBER 27, 2004, BY THE STUDENTS OF SCHOOLS IN HAMPTON SCHOOL DISTRICT ONE IN HAMPTON COUNTY WHEN THE SCHOOLS WERE CLOSED DUE TO ICE OR INCLEMENT WEATHER CONDITIONS IS EXEMPTED FROM THE MAKE-UP REQUIREMENT THAT THE FULL SCHOOL DAY MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
H. 3107 (Word version) -- Reps. M. A. Pitts, Viers, Taylor, Mahaffey, Duncan and Umphlett: A BILL TO AMEND SECTION 40-47-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF MEDICAL EXAMINERS, SO AS TO PROVIDE FOR TWO ADDITIONAL LAY MEMBERS OF THE BOARD, ONE TO BE APPOINTED BY THE PRESIDENT PRO TEMPORE OF THE SENATE AND ONE TO BE APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.
Rep. PARKS explained the Bill.
H. 3379 (Word version) -- Rep. Wilkins: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUMES 1 AND 7 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF THEIR CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 2005.
On motion of Rep. BOWERS, with unanimous consent, it was ordered that H. 3396 (Word version) be read the third time tomorrow.
On motion of Rep. J. BROWN, with unanimous consent, it was ordered that H. 3107 (Word version) be read the third time tomorrow.
On motion of Rep. HARRISON, with unanimous consent, it was ordered that H. 3379 (Word version) be read the third time tomorrow.
Rep. HARRELL moved to adjourn debate upon the following Bill until Tuesday, February 1, which was adopted:
H. 3086 (Word version) -- Reps. J. R. Smith, Cotty, Chellis, Scarborough, Bales, Brady, Cato, Ceips, Clark, Hamilton, Harrell, Haskins, Leach, Neilson, Perry, D. C. Smith, G. R. Smith, Townsend, Tripp, Vaughn, Walker, Coates, Owens, E. H. Pitts, Littlejohn, Rice, Witherspoon, Hinson, Mahaffey, Duncan, Huggins, Frye, Toole, Hagood and Loftis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 155 TO TITLE 59 SO AS TO ENACT THE "S.M.A.R.T. (STREAMLINED MANAGEMENT AND ACCOUNTING RESOURCES FOR TEACHING) FUNDING IN EDUCATION ACT", TO PROVIDE FOR THE CONSOLIDATION OF STATE SOURCES OF FUNDING FOR K-12 INTO A SINGLE SOURCE FOR ALLOCATION BY EACH LOCAL SCHOOL DISTRICT AND SPECIAL SCHOOLS INTO AREAS IT DETERMINES BEST ACHIEVE ITS OBJECTIVES AND ENHANCE ITS ACCOUNTABILITY, TO PROVIDE THAT THE FUNDING BE MADE BASED ON SIX GENERAL CATEGORIES FOR WHICH THE FUNDS MUST BE USED, AND TO DESCRIBE THAT THE MONIES WHICH FORM THE POOL OF MONIES IN EACH GENERAL CATEGORY MAY BE TRANSFERRED WITH ONE HUNDRED PERCENT FLEXIBILITY AMONG PROGRAMS WITHIN THAT CATEGORY, TO PROVIDE FOR SOME FLEXIBILITY IN DISTRIBUTION OF FUNDING ACROSS CATEGORIES, AND TO PROVIDE THAT THE S.M.A.R.T. FUNDING PROGRAM WILL BE FUNDED BEGINNING JULY 1, 2005.
Rep. RICE moved to adjourn debate upon the following Bill until Tuesday, February 1, which was adopted:
H. 3304 (Word version) -- Reps. Witherspoon, Wilkins, Harrell, Jennings, Battle, Cotty, Cato, Barfield, Hosey, Allen, Altman, Anderson, Bales, Bowers, Brady, Branham, G. Brown, J. Brown, Chalk, Chellis, Clemmons, Clyburn, Coates, Dantzler, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Hardwick, Harrison, Harvin, Hayes, J. Hines, M. Hines, Kennedy, Kirsh, Lee, Littlejohn, Loftis, McCraw, McGee, McLeod, Merrill, Miller, J. M. Neal, Neilson, Ott, Phillips, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, J. R. Smith, Taylor, Umphlett, Vick, Viers, Young and Bailey: A BILL TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 48 SO AS TO PROVIDE FOR FURTHER ENFORCEMENT OF THE TOBACCO ESCROW FUND ACT, INCLUDING BOTH CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS, TO AMEND SECTION 11-47-30, RELATING TO THE REQUIREMENT FOR A TOBACCO PRODUCT MANUFACTURER TO EITHER PARTICIPATE IN THE MASTER SETTLEMENT AGREEMENT OR DEPOSIT MONIES INTO A QUALIFIED ESCROW FUND, SO AS TO PROVIDE THAT ESCROW PAYMENTS REQUIRED OF A NONPARTICIPATING TOBACCO PRODUCTS MANUFACTURER AND ANY REFUND OF AN ESCROW OVERPAYMENT BY SUCH A MANUFACTURER ARE BASED ON UNITS SOLD IN THIS STATE COMPARED WITH MASTER SETTLEMENT AGREEMENT PAYMENTS RATHER THAN AN ALLOCABLE SHARE, TO AMEND SECTIONS 11-49-60 AND 11-49-150, RELATING TO THE POWERS OF THE BOARD OF THE TOBACCO SETTLEMENT REVENUE MANAGEMENT AUTHORITY ACT AND THE CONSENT TO AND APPROVED BY THE GENERAL ASSEMBLY TO THE TOBACCO MASTER SETTLEMENT AGREEMENT, SO AS TO DELETE THE REQUIREMENT THAT THE GENERAL ASSEMBLY APPROVE ANY AMENDMENT TO THE AGREEMENT BEFORE THE BOARD MAY APPROVE SUCH AN AMENDMENT AND TO ALLOW THE BOARD OF THE AUTHORITY TO APPROVE SUCH AMENDMENTS ON BEHALF OF THE STATE IF SUCH AMENDMENTS DO NOT DIMINISH THE RIGHTS AND REMEDIES OF THE AUTHORITY AND BONDHOLDERS.
The following Bill was taken up:
H. 3142 (Word version) -- Reps. White, Davenport, Mahaffey and Owens: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 TO CHAPTER 33, TITLE 40 SO AS TO ENACT THE NURSE LICENSURE COMPACT WHICH ENTERS SOUTH CAROLINA INTO A MULTI-STATE NURSE LICENSURE COMPACT TO PROVIDE FOR THE RECIPROCAL PRACTICE OF NURSING AMONG THE STATES THAT ARE PARTIES TO THE COMPACT; TO PROVIDE FOR THE STANDARDS AND PROCEDURES THAT APPLY TO PRACTICING NURSING IN OTHER STATES PURSUANT TO THE COMPACT; TO PROVIDE FOR A COORDINATED LICENSURE INFORMATION SYSTEM FOR SHARING DATA AMONG THE COMPACT STATES AND TO PROVIDE PROCEDURES FOR DISPUTE RESOLUTION AND DISCIPLINARY ACTION; AND TO FURTHER PROVIDE FOR THE REGULATION OF NURSES LICENSED IN STATES THAT ARE PARTIES TO THE COMPACT; AND TO ADD SECTION 40-33-525 SO AS TO REQUIRE, BEGINNING JANUARY 1, 2007, FOREIGN-EDUCATED APPLICANTS FOR LICENSURE AS A REGISTERED NURSE TO PASS THE NATIONAL COUNCIL LICENSURE EXAMINATION AND AN ENGLISH LANGUAGE PROFICIENCY TEST.
Rep. MCLEOD 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. 3226 (Word version) -- Reps. Clemmons, Mahaffey and Umphlett: A BILL TO AMEND SECTION 40-43-86, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VARIOUS REQUIREMENTS PERTAINING TO PHARMACIES, INCLUDING THE TRANSFER OF ORIGINAL PRESCRIPTION INFORMATION BETWEEN PHARMACIES IN THIS STATE, SO AS TO PROVIDE THAT ALL REMAINING REFILLS, RATHER THAN ONLY ONE REFILL, MAY BE TRANSFERRED TO AND DISPENSED BY THE RECEIVING PHARMACY, TO DELETE THE REFERENCE TO IN-STATE PHARMACIES, AND TO DELETE A PROVISION CONTAINING PROCEDURES FOR DISPENSING RESTRICTED DRUGS.
Rep. CHALK proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\11195AC05), which was adopted:
Amend the bill, as and if amended, by deleting Section 40-43-86(G)(2) on page 2 and inserting:
/ (2) The transferring pharmacist shall record in writing the date of the transfer and the name of the pharmacist transferring the information or record information electronically. /
Renumber sections to conform.
Amend title to conform.
Rep. CHALK explained the amendment.
The amendment was then adopted.
Rep. CLEMMONS explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. CLEMMONS, with unanimous consent, it was ordered that H. 3226 (Word version) be read the third time tomorrow.
The following Bill was taken up:
H. 3274 (Word version) -- Rep. Altman: A BILL TO AMEND SECTION 20-7-2220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPEALS AND THE EFFECT OF PENDENCY OF AN APPEAL IN CERTAIN FAMILY COURT MATTERS, SO AS TO PROVIDE THAT NO TEN DAY AUTOMATIC STAY APPLIES IN SUCH CASES.
Rep. HOWARD 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. 3085 (Word version) -- Reps. Harrison, Kirsh, E. H. Pitts, Hinson, Mahaffey, Umphlett, McLeod, Jennings and Altman: A BILL TO AMEND SECTION 16-13-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FINANCIAL IDENTITY FRAUD, SO AS TO ADD THAT IT IS UNLAWFUL TO USE IDENTIFYING INFORMATION OF ANOTHER PERSON FOR THE PURPOSE OF OBTAINING EMPLOYMENT.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7113AHB05), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Article 2, Chapter 13, Title 16 of the 1976 Code is amended by adding:
"Section 16-13-515. (A) A person is guilty of identity fraud when he uses identifying information, as defined in this section, of another person for the purpose of obtaining employment. Identifying information includes, but is not limited to:
(1) social security numbers;
(2) driver's license numbers;
(3) checking account numbers;
(4) savings account numbers;
(5) credit card numbers;
(6) debit card numbers;
(7) personal identification numbers;
(8) electronic identification numbers;
(9) digital signatures;
(10) other numbers or information which may be used to access another person's financial resources; or
(11) identifying documentation that defines a person other than the person presenting the document. This includes, but is not limited to, passports, driver's licenses, birth certificates, immigration documents, and state-issued identification cards.
(B) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both. The court may order restitution to the victim pursuant to the provisions of Section 17-25-322."
SECTION 2. Section 16-3-510(C) of the 1976 Code is amended to read:
"(C) Identifying information includes, but is not limited to:
(1) social security numbers;
(2) driver's license numbers;
(3) checking account numbers;
(4) savings account numbers;
(5) credit card numbers;
(6) debit card numbers;
(7) personal identification numbers;
(8) electronic identification numbers;
(9) digital signatures; or
(10) other numbers or information which may be used to access a person's financial resources. ; or
(11) identifying documentation that defines a person other than the person presenting the document. This includes, but is not limited to, passports, driver's licenses, birth certificates, immigration documents, and state-issued identification cards."
SECTION 3. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 4. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. SINCLAIR explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. SINCLAIR asked unanimous consent that H. 3085 (Word version) be read a third time tomorrow.
Rep. KENNEDY objected.
The following Joint Resolution was taken up:
H. 3334 (Word version) -- Reps. Cooper, Rice, Hiott, Owens and Skelton: A JOINT RESOLUTION TO CHANGE THE NAME OF EARLE E. MORRIS, JR., HIGHWAY IN ANDERSON AND PICKENS COUNTIES TO SOUTH CAROLINA HIGHWAY 153 AND TO NOTIFY THE COUNTY GOVERNING BODIES AND POST OFFICES AFFECTED BY THE CHANGE.
Rep. KENNEDY made the Point of Order that the Joint Resolution 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 SPEAKER granted Rep. RHOAD a leave of absence for the remainder of the day.
On motion of Rep. WITHERSPOON, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means and was referred to the Committee on Agriculture, Natural Resources and Environmental Affairs:
H. 3312 (Word version) -- Rep. Witherspoon: A BILL TO AMEND SECTION 56-3-670, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FARM TRUCK LICENSE FEES, SO AS TO REVISE THE DEFINITION OF THE TERM "FARM TRUCK".
The following Bill was taken up:
H. 3010 (Word version) -- Reps. W. D. Smith, Wilkins, G. R. Smith, Vaughn, Harrison, Davenport, Sandifer, Coates, Young, Leach, Viers, Littlejohn, Rice, Hinson, Clark, Walker, Mahaffey, Duncan, Hagood and Clemmons: A BILL TO AMEND CHAPTER 40, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARTER SCHOOLS, SO AS TO PROVIDE FOR THE CREATION OF A CAROLINA PUBLIC CHARTER SCHOOL DISTRICT, ITS GOVERNANCE, AND ITS POWERS AND DUTIES; AND TO PROVIDE FOR THE MANNER IN WHICH A CHARTER SCHOOL SPONSORED BY THE CAROLINA PUBLIC CHARTER SCHOOL DISTRICT MUST BE FORMED, FUNDED, REGULATED, AND GOVERNED.
The question then recurred to the passage of the Bill on third reading.
Rep. SCOTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Altman Bailey Ballentine Barfield Battle Bingham Brady Cato Ceips Chalk Chellis Clark Clemmons Coates Cooper Dantzler Davenport Delleney Duncan Edge Frye Hagood Haley Hardwick Harrell Harrison Haskins Herbkersman Hinson Hiott Huggins Leach Limehouse Littlejohn Loftis Lucas Mahaffey Martin McGee Merrill Norman Owens Perry Pinson E. H. Pitts Rice Sandifer Scarborough Simrill Sinclair Skelton D. C. Smith G. R. Smith J. R. Smith W. D. Smith Stewart Talley Taylor Thompson Toole Townsend Tripp Umphlett Vaughn Viers Walker White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Agnew Allen Anderson Anthony Bales Bowers Branham Breeland G. Brown J. Brown R. Brown Clyburn Cobb-Hunter Coleman Emory Funderburk Govan Hayes M. Hines Hosey Howard Jefferson Jennings Kennedy Kirsh Lee Mack McCraw McLeod Miller J. M. Neal Neilson Ott Parks Phillips Rivers Scott F. N. Smith G. M. Smith J. E. Smith Vick Weeks Whipper
So, the Bill was read the third time and ordered sent to the Senate.
Rep. SCOTT moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 3270 (Word version) -- Rep. Ceips: A CONCURRENT RESOLUTION TO COMMEND BEAUFORT COUNTY AND THE BEAUFORT COUNTY COUNCIL FOR BECOMING THE FIRST LOCAL JURISDICTION TO PARTNER WITH THE UNITED STATES OF AMERICA, THROUGH THE DEPARTMENT OF THE NAVY, IN PURCHASING A RESTRICTIVE EASEMENT TO PREVENT ENCROACHMENT UPON THE MARINE CORPS AIR STATION IN BEAUFORT AND ENCOURAGE OTHER LOCAL GOVERNMENTS ACROSS SOUTH CAROLINA AND THE NATION TO FOLLOW THIS PATRIOTIC EXAMPLE.
At 10:40 a.m. the House, in accordance with the motion of Rep. CLYBURN, adjourned in memory of Willie Tyler of Aiken, to meet at 10:00 a.m. tomorrow.
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