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 Habakkuk 2:4: "The righteous live by their faith."
Let us pray. In the midst of our busy lives, O Lord, send us a reminder of Your forever presence. Come now and be present with us as we debate and make decisions for the people in South Carolina. Guide us in the way You want us to go and strengthen us for service. Invoke Your divine blessings upon our Nation, our President, our State and her leaders. Keep our defenders of freedom in Your safe care. In Your Holy Name 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.
Rep. UMPHLETT moved that when the House adjourns, it adjourn in memory of Mrs. Mary Spell Keels of Ridgeville, which was agreed to.
The following was received and referred to the appropriate committee for consideration:
Document No. 2939
Agency: Clemson University, State Crop Pest Commission
Statutory Authority: 1976 Code Section 46-9-40
Designation of Plant Pests
Received by Speaker of the House of Representatives
February 7, 2005
Referred to Agriculture, Natural Resources and Environmental Affairs Committee
Legislative Review Expiration June 7, 2005
The Senate sent to the House the following:
S. 269 (Word version) -- Senator Verdin: A CONCURRENT RESOLUTION TO REQUEST THE GOVERNOR BY PROCLAMATION TO CONFIRM THE RANK OF BRIGADIER GENERAL JAMES WILLIAMS BESTOWED UPON HIM BY ACT OF THE SOUTH CAROLINA PROVINCIAL CONGRESS DURING THE AMERICAN REVOLUTION AND TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE LITTLE RIVER BRIDGE ON SOUTH CAROLINA HIGHWAY 560 IN LAURENS COUNTY AS THE "JAMES WILLIAMS MEMORIAL BRIDGE" TO HONOR THIS REVOLUTIONARY WAR HERO.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 409 (Word version) -- Senator Grooms: A CONCURRENT RESOLUTION CONGRATULATING DANIEL ISLAND FOR BEING AWARDED THE PLATINUM BEST IN AMERICAN LIVING AWARD AS THE NATION'S BEST SUBURBAN SMART GROWTH NEIGHBORHOOD AND COMMUNITY FOR 2004.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3477 (Word version) -- Rep. Hinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-490 SO AS TO PROVIDE THAT EACH SCHOOL DISTRICT SHALL DEVELOP AND IMPLEMENT POLICIES TO ENSURE THAT STUDENTS ARE NOT REQUIRED TO CONVEY OR DELIVER MATERIALS THAT ADVOCATE A PARTICULAR VIEWPOINT ON AN ELECTION, TO PROVIDE THAT EMPLOYEES MAY NOT USE PUBLIC PROPERTY TO ADVOCATE A PARTICULAR VIEWPOINT ON AN ELECTION, AND PROVIDE EXCEPTIONS.
Referred to Committee on Education and Public Works
H. 3478 (Word version) -- Rep. Huggins: A BILL TO AMEND SECTION 40-57-145, AS AMENDED, RELATING TO GROUNDS FOR DENIAL OF LICENSURE OR FOR DISCIPLINARY ACTION AGAINST REAL ESTATE PROFESSIONALS, INCLUDING BROKERS, AGENTS, AND PROPERTY MANAGERS, SO AS TO CLARIFY THAT PAYMENT OF A COMMISSION OR COMPENSATION TO AN UNLICENSED INDIVIDUAL IS PROHIBITED FOR CONDUCTING ACTIVITIES REQUIRING A LICENSE AND TO FURTHER PROVIDE WHEN SUCH PAYMENTS ARE AUTHORIZED.
Referred to Committee on Labor, Commerce and Industry
H. 3479 (Word version) -- Rep. Davenport: A BILL TO AMEND CHAPTER 87, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRITERIA FOR ISSUANCE OF ASBESTOS ABATEMENT LICENSES, SO AS TO REVISE THE DEFINITION OF "ASBESTOS ABATEMENT ENTITY" AND "ASBESTOS PROJECT"; TO DELETE PROVISIONS ESTABLISHING LICENSURE FEES AND TO AUTHORIZE THE DEPARTMENT TO ESTABLISH SUCH FEES IN REGULATION SUFFICIENT TO COVER REASONABLE COSTS OF ADMINISTERING THE ASBESTOS PROGRAM AND TO DEFINE "COSTS"; AND TO INCREASE THE MAXIMUM CIVIL PENALTY FOR VIOLATIONS FROM ONE THOUSAND DOLLARS TO TEN THOUSAND DOLLARS.
Referred to Committee on Labor, Commerce and Industry
H. 3483 (Word version) -- Rep. Jennings: A BILL TO AMEND SECTION 17-27-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POST-CONVICTION RELIEF FILINGS, SO AS TO PROVIDE THAT A FEE IS NOT REQUIRED FOR AN INITIAL FILING FOR POST-CONVICTION RELIEF; TO AMEND SECTION 17-27-50, RELATING TO THE FORM AND CONTENTS OF AN APPLICATION FOR POST-CONVICTION RELIEF, SO AS TO PROVIDE THAT THE APPLICATION MUST PROVIDE A STATEMENT TO DETERMINE WHETHER THE APPLICANT HAS FILED AN APPLICATION FOR POST-CONVICTION RELIEF OR A PETITION FOR HABEAS CORPUS RELATING TO HIS PRESENT INCARCERATION, REQUIRE THE APPLICANT TO ATTACH A COPY OF HIS INMATE TRUST ACCOUNT BALANCE UNDER CERTAIN CIRCUMSTANCES, AND MUST CONTAIN A PROVISION THAT STATES THAT A NONMERITORIOUS FUTURE APPLICATION FOR POST-CONVICTION RELIEF MAY RESULT IN THE APPLICANT'S LOSS OF WORK CREDITS, EDUCATION CREDITS, GOOD TIME CREDITS, AND INMATE TRUST FUNDS; BY ADDING SECTION 17-27-65 SO AS TO PROVIDE A PROCEDURE FOR A PRISONER TO PAY THE FILING FEES ASSOCIATED WITH AN ACTION FOR POST-CONVICTION RELIEF AND TO EXEMPT CERTAIN PRISONERS FROM PAYING THE FILING FEE; AND BY ADDING SECTION 17-27-68 SO AS TO PROVIDE PENALTIES FOR A PRISONER WHOSE APPLICATION FOR POST-CONVICTION RELIEF IS DETERMINED TO BE FRIVOLOUS.
Referred to Committee on Judiciary
S. 223 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 5-31-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MUNICIPALITIES WITH NO BOARD OF COMMISSIONERS OF PUBLIC WORKS, SO AS TO PROVIDE THAT FOR THE CITY OF WESTMINSTER, THE DUTIES OF THE BOARD OF COMMISSIONERS OF PUBLIC WORKS SHALL DEVOLVE UPON THE CITY COUNCIL ON JULY 1, 2005.
On motion of Rep. WHITMIRE, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 386 (Word version) -- Senator McGill: A BILL TO AMEND ACT 632 OF 1980, AS AMENDED, RELATING TO THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF WILLIAMSBURG COUNTY, SO AS TO PROVIDE FOR THE ALLOWANCE FOR EACH MEAL THAT EACH MEMBER AND EMPLOYEE OF THE BOARD OF TRUSTEES SHALL RECEIVE FOR IN-STATE OR OUT-OF-STATE OVERNIGHT TRAVEL.
On motion of Rep. KENNEDY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
The following was introduced:
H. 3480 (Word version) -- Rep. Ceips: A CONCURRENT RESOLUTION TO CONGRATULATE MR. VERNON POTTENGER OF BEAUFORT COUNTY FOR BEING ELECTED AS THE 2005 PRESIDENT OF THE HOME BUILDERS ASSOCIATION OF SOUTH CAROLINA, A TRADE ASSOCIATION REPRESENTING OVER FIVE THOUSAND FIVE HUNDRED SOUTH CAROLINA HOME BUILDERS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3481 (Word version) -- Reps. Brady, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, 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, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, 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, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO HONOR AND CONGRATULATE THE MEMBERS OF BETH SHALOM SYNAGOGUE AS THEY CELEBRATE THEIR ONE HUNDREDTH ANNIVERSARY AS THE ONLY CONSERVATIVE SYNAGOGUE IN RICHLAND COUNTY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3482 (Word version) -- Rep. W. D. Smith: A CONCURRENT RESOLUTION REQUESTING THE CONGRESS OF THE UNITED STATES TO ENACT FEDERAL LEGISLATION AMENDING THE PERKINS LOAN PROGRAM TO ADD FULL-TIME ASSISTANT PUBLIC DEFENDERS TO THE CLASS OF PEOPLE WHO QUALIFY FOR LOAN FORGIVENESS, TO ENACT LEGISLATION PROVIDING FOR FORGIVENESS OF STAFFORD LOANS AND OTHER FEDERAL STUDENT LOANS FOR FULL-TIME ASSISTANT PROSECUTORS AND FULL-TIME ASSISTANT PUBLIC DEFENDERS, AND TO ENACT FURTHER LEGISLATION TO PROVIDE ADDITIONAL FEDERAL ASSISTANCE FOR REPAYMENT OF UNDERGRADUATE AND LAW SCHOOL LOANS TO PRIVATE LENDING INSTITUTIONS FOR FULL-TIME ASSISTANT PROSECUTORS AND FULL-TIME ASSISTANT PUBLIC DEFENDERS.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The roll call of the House of Representatives was taken resulting as follows:
Agnew Allen Altman Anderson Anthony Bailey Bales Ballentine Barfield Battle Bingham Bowers Brady Branham Breeland J. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Coates Cobb-Hunter Coleman Cooper Dantzler Davenport Delleney Duncan Emory Funderburk Hagood Haley Hamilton Hardwick Harrison Hayes Herbkersman J. Hines M. Hines Hinson Hiott Hosey Howard Jefferson Jennings Kennedy Kirsh Leach Littlejohn Loftis Lucas Mack Mahaffey McCraw McGee McLeod Merrill Miller Moody-Lawrence J. H. Neal J. M. Neal Neilson Norman Ott Owens Parks Perry Phillips Pinson M. A. Pitts Rhoad Rice Rivers 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 Tripp Umphlett Vaughn Vick Viers Weeks White Whitmire Wilkins Witherspoon Young
I came in after the roll call and was present for the Session on Tuesday, February 8.
Chip Huggins McLain R. "Mac" Toole Robert Walker H. B. "Chip" Limehouse Tracy Edge Ronald Townsend Jerry Govan Grady Brown Edward H. "Ted" Pitts Bill Cotty Becky Martin Brenda Lee Todd Rutherford
The SPEAKER granted Rep. LLOYD a leave of absence for the week due to illness.
The SPEAKER granted Rep. HASKINS a leave of absence for the day to attend a funeral.
Announcement was made that Dr. W. F. Ward of West Columbia 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. 3086 (Word version)
Date: ADD:
02/08/05 WHITE
Bill Number: H. 3086 (Word version)
Date: ADD:
02/08/05 THOMPSON
Bill Number: H. 3222 (Word version)
Date: ADD:
02/08/05 CEIPS
Bill Number: H. 3009 (Word version)
Date: ADD:
02/08/05 HARDWICK
Bill Number: H. 3204 (Word version)
Date: REMOVE:
02/08/05 NORMAN
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 3460 (Word version) -- Reps. Bailey, Chellis, Harrell and Young: A BILL TO AMEND ACT 1627 OF 1972, AS AMENDED, RELATING TO THE DORCHESTER COUNTY VOCATIONAL EDUCATION BOARD OF TRUSTEES, SO AS TO CHANGE REFERENCES FROM DORCHESTER VOCATIONAL EDUCATION TO DORCHESTER COUNTY CAREER AND TECHNOLOGY CENTER AND TO UPDATE LANGUAGE, TO PROVIDE THAT THE TWO MEMBERS APPOINTED FROM THE SCHOOLS DISTRICTS MUST NOT BE VOTING MEMBERS BUT SHALL SERVE EX OFFICIO, AND TO PROVIDE THAT THE OPERATIONAL BUDGET MUST BE SUBMITTED TO THE DORCHESTER COUNTY COUNCIL.
H. 3130 (Word version) -- Reps. Scarborough, Harrell, Vaughn and Bowers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3, CHAPTER 18, TITLE 41, TO ENACT THE "SOUTH CAROLINA RIDER SAFETY ACT" SO AS TO REQUIRE RIDERS OF AMUSEMENT AND CARNIVAL DEVICES TO COMPLY WITH CERTAIN SAFETY REQUIREMENTS, TO REPORT INJURIES IN A TIMELY MANNER, TO REQUIRE OWNERS OF SUCH DEVICES TO POST SIGNS RELATING TO RIDER SAFETY, AND TO ESTABLISH A MISDEMEANOR FOR VIOLATIONS OF THIS ARTICLE; AND TO DESIGNATE SECTIONS 41-18-10 THROUGH 41-18-150 AS ARTICLE 1, CHAPTER 18, TITLE 41, AND TO NAME THAT ARTICLE "GENERAL PROVISIONS".
Rep. SCARBOROUGH explained the Bill.
The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification:
S. 18 (Word version) -- Senators McConnell, Moore, Elliott, Ritchie, J. V. Smith, Martin, Knotts, O'Dell, Mescher, Grooms, Hutto, Setzler, Rankin, Ford, Matthews, Land, Verdin, Jackson, Bryant, Alexander, Hawkins, Patterson, Reese, Short, Thomas and Ryberg: A BILL TO AMEND CHAPTER 5, TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 SO AS TO PROVIDE FOR A PROCEDURE FOR THE ADJUSTMENT OF RATES AND CHARGES OF NATURAL GAS DISTRIBUTION UTILITIES TO REFLECT CHANGES IN EXPENSES, REVENUES, INVESTMENTS, DEPRECIATION, AND OTHER CHANGES IN REVENUES AND EXPENSES TO PROVIDE PROCEDURES FOR INTERESTED PARTIES TO CHALLENGE THESE ADJUSTMENTS, AND TO PROVIDE FOR RELATED PROCEDURAL MATTERS.
The following Bill was taken up:
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, Loftis, Talley, White and Thompson: 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.
Reps. OTT, COBB-HUNTER, HOSEY, RIVERS, COTTY, KENNEDY, SKELTON, J. E. SMITH, TRIPP, TOWNSEND, J. R. SMITH, CATO, SCARBOROUGH, CHELLIS and G. R. SMITH requested debate on the Bill.
The following Bill was taken up:
S. 306 (Word version) -- Senators Peeler, Short and Ford: 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\11234AC05), 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.
Rep. W. D. SMITH moved that the House recur to the Morning Hour, which was agreed to.
The following was introduced:
H. 3484 (Word version) -- Rep. Townsend: A HOUSE RESOLUTION TO RECOGNIZE WILSON'S FIVE CENTS TO ONE DOLLAR STORE ON THE OCCASION OF ITS CLOSING AND TO EXPRESS THE GRATITUDE OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO REDUS AND CHARLIE MARTIN FOR SERVING THE BELTON COMMUNITY.
The Resolution was adopted.
The following was introduced:
H. 3485 (Word version) -- Reps. Townsend and Wilkins: A HOUSE RESOLUTION TO RECOGNIZE HORTON'S PHARMACY ON THE OCCASION OF ITS CLOSING AND EXPRESS GRATITUDE TO HENRY AND WEEZIE CLINKSCALES FOR SERVING THE BELTON COMMUNITY.
The Resolution was adopted.
The following was introduced:
H. 3486 (Word version) -- Rep. Littlejohn: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF DEERWOOD DRIVE FROM ITS INTERSECTION WITH CEDAR LANE TO UNITED STATES HIGHWAY 176 BY-PASS IN THE TOWN OF PACOLET "CLARENCE PHILLIPS MCGEE MEMORIAL DRIVE", AND TO ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "CLARENCE PHILLIPS MCGEE MEMORIAL DRIVE".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3487 (Word version) -- Rep. Sinclair: A BILL TO AMEND ARTICLE 7, TITLE 62 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRUST ADMINISTRATION, SO AS TO ENACT THE UNIFORM TRUST CODE BY PROVIDING A COMPREHENSIVE CODIFICATION OR RECODIFICATION OF MUCH OF EXISTING TRUST LAW AND SUPPLEMENTING EXISTING COMMON LAW UNLESS THE CODE SPECIFICALLY CONTRADICTS IT, AND PROVIDING, AMONG OTHER THINGS, FOR GENERAL PROVISIONS AND DEFINITIONS INCLUDING A DEFINITION FOR "QUALIFIED BENEFICIARY" AND AN APPLICATION OF THE STATE'S WILL CONSTRUCTION RULES TO THE CONSTRUCTION OF TRUSTS WHEN APPROPRIATE; FOR JUDICIAL PROCEEDINGS AND REPRESENTATION BY OTHERS, ESSENTIALLY RECODIFYING EXISTING VENUE, JURISDICTION, AND REPRESENTATION PROVISIONS; FOR THE RULES FOR CREATION OF TRUSTS INCLUDING THAT A SELF-SETTLED TRUST MUST BE IN WRITING, THAT A TRUST PURPOSE BE LAWFUL AND ACHIEVABLE, THAT A VALID NONCHARITABLE TRUST MAY BE CREATED WITHOUT DEFINITE BENEFICIARIES IN ONLY CERTAIN INSTANCES, THAT AN EARLY TERMINATION OR MODIFICATION OF A NONAMENDABLE IRREVOCABLE TRUST REQUIRES COURT APPROVAL, THAT A COURT MAY MODIFY THE ADMINISTRATIVE OR DISPOSITIVE PROVISIONS OF A TRUST, AND THAT A TRUST MAY BE TERMINATED IF IT CANNOT JUSTIFY ITS ADMINISTRATIVE COSTS, MODIFIED TO ACCOMPLISH THE SETTLOR'S TAX OBJECTIVES, OR DIVIDED OR COMBINED WITH OTHERS TO FACILITATE ADMINISTRATION; FOR RETENTION OF THE ABILITY OF THE SETTLOR'S CREDITORS TO REACH THE TRUST PROPERTY IN A TRUST; FOR THE VALIDITY SPENDTHRIFT PROVISION EXCEPT AS TO CHILD SUPPORT AND PROTECTION OF THE SPECIAL NEEDS TRUST; FOR THE PRESUMED REVOCABILITY INSTEAD OF IRREVOCABILITY OF A TRUST, CLARIFICATION OF THE MENTAL CAPACITY FOR CREATING A REVOCABLE TRUST, AND A STATUTE OF LIMITATIONS FOR CONTESTING A REVOCABLE TRUST; AND FOR RULES FOR THE OFFICE OF TRUSTEE, INCLUDING RESIGNATION AND REMOVAL, DUTIES AND POWERS OF TRUSTEES, INCLUDING THE ESSENCE OF SOUTH CAROLINA'S UNIFORM TRUSTEES POWERS ACT AND THE UNIFORM PRUDENT INVESTORS ACT, ADDING A BROADER TRUSTEE POWER AND A STANDARD OF CARE FOR TRUSTEE MATTERS IN ADDITION TO INVESTMENT AND MANAGEMENT, AND THE UNIFORM PRINCIPAL AND INCOME ACT GOVERNING FIDUCIARY ACCOUNTING PRINCIPALS, SUBSTANTIAL RETENTION OF EXISTING LAW CONCERNING LIABILITY OF TRUSTEES AND RIGHTS OF PERSONS DEALING WITH THEM, AND APPLICATION OF THESE PROVISIONS TO EXISTING RELATIONSHIPS; TO AMEND SECTION 27-6-50, RELATING TO EXCEPTIONS TO THE RULE AGAINST PERPETUITIES, SECTION 33-31-152, RELATING TO RIGHTS OF STATES AS TO CORPORATIONS, SECTION 34-15-10, AS AMENDED, RELATING TO A BANK ACTING AS FIDUCIARY, SECTION 62-3-703, RELATING TO GENERAL DUTIES OF A PERSONAL REPRESENTATIVE, SECTION 62-3-913, RELATING TO DISTRIBUTION BY A PERSONAL REPRESENTATIVE TO A TRUSTEE, AND SECTION 62-5-417, RELATING TO THE GENERAL DUTY OF A CONSERVATOR, ALL SO AS TO AMEND CROSS REFERENCES TO CONFORM TO THIS ACT; AND TO REPEAL SECTION 27-5-70.
Referred to Committee on Judiciary
H. 3488 (Word version) -- Reps. Townsend and Miller: A BILL TO AMEND CHAPTER 2, TITLE 60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE DOCUMENTS DEPOSITORY SYSTEM, SO AS TO REVISE DEFINITIONS AND PROCEDURES IN ORDER TO PROVIDE FOR THE ACQUISITION OF MATERIALS IN BOTH PRINT AND ELECTRONIC FORMATS AND TO DELETE CERTAIN OBSOLETE REFERENCES.
Referred to Committee on Education and Public Works
H. 3489 (Word version) -- Rep. Bales: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 TO CHAPTER 9, TITLE 4 SO AS TO PROVIDE A PROCEDURE BY WHICH THE GOVERNING BODY OF A COUNTY MAY BE ELECTED IN NONPARTISAN ELECTIONS; AND TO AMEND SECTION 4-9-10, RELATING TO THE AUTHORIZATION TO CONDUCT A REFERENDUM TO DETERMINE A CHANGE IN THE FORM OF COUNTY GOVERNMENT, NUMBER OF COUNTY COUNCIL MEMBERS, OR METHODS OF ELECTION, SO AS TO AUTHORIZE A REFERENDUM TO BE HELD TO CHANGE THE METHODS OF ELECTION OF COUNTY COUNCILS AND PROVIDE FOR AND LIMIT THE ALTERNATE METHODS OF ELECTION WHICH MAY BE ESTABLISHED.
Referred to Committee on Judiciary
Rep. HOSEY moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 3443 (Word version) -- Reps. Hinson, Young, Brady, Ceips, Cobb-Hunter, Funderburk, Haley, Haskins, Lee, Martin, Miller, Moody-Lawrence, Neilson, Parks, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Govan, Hagood, Hamilton, Hardwick, Harrell, Harrison, Harvin, Hayes, Herbkersman, J. Hines, M. Hines, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, McCraw, McGee, McLeod, Merrill, J. H. Neal, J. M. Neal, Norman, Ott, Owens, 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, Wilkins and Witherspoon: A CONCURRENT RESOLUTION TO RECOGNIZE FEBRUARY 4, 2005, AS "NATIONAL RED DRESS DAY" IN SOUTH CAROLINA AND ENCOURAGE ALL SOUTH CAROLINIANS TO WEAR RED ON THIS DAY TO HELP PROMOTE PUBLIC AWARENESS OF HEART DISEASE IN WOMEN.
H. 3444 (Word version) -- Rep. Miller: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE WACCAMAW HIGH SCHOOL "LADY WARRIORS" GIRLS TENNIS TEAM ON THEIR OUTSTANDING SEASON AND FOR CAPTURING THE CLASS A-AA STATE CHAMPIONSHIP TITLE, AND TO HONOR THESE EXCEPTIONAL PLAYERS, COACHES, AND STAFF.
H. 3445 (Word version) -- Reps. Taylor, Agnew, Allen, 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, 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, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, 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, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND ACKNOWLEDGE THE OUTSTANDING CONTRIBUTIONS OF THE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION (NASA) TO OUR NATION'S PROUD TRADITION OF LEADERSHIP IN SPACE EXPLORATION AND SCIENTIFIC DISCOVERY AND TO DECLARE THIS STATE'S FULL SUPPORT FOR NASA'S VISION FOR THE SPACE EXPLORATION PROGRAM.
H. 3446 (Word version) -- Reps. J. Brown, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. 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, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, 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, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR MRS. LUCILLE HALLMAN HOLMAN OF COLUMBIA, ON THE OCCASION OF HER ONE HUNDREDTH BIRTHDAY AND TO EXTEND BEST WISHES TO HER FOR CONTINUED GOOD HEALTH AND HAPPINESS.
H. 3447 (Word version) -- Reps. Viers, Edge, Barfield, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, 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, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, 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, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MR. JAMES M. "JIM" SESSIONS OF CONWAY UPON HIS RECENT DEATH.
H. 3448 (Word version) -- Reps. J. Brown, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. 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, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, 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, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO EXPRESS A WARM WELCOME BY THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO MARIA DO CARMO REBOUCAS DA CRUZ OF WASHINGTON, D.C., AS SHE VISITS THE STATE TO PARTICIPATE IN BLACK HISTORY MONTH EVENTS IN COLUMBIA, SOUTH CAROLINA, ON WEDNESDAY, FEBRUARY 16, 2005.
H. 3449 (Word version) -- Reps. Scott, Agnew, Allen, 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, 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, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, 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, 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, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO CONGRATULATE MR. WILLIE H. BRYANT OF RICHLAND COUNTY ON BEING INSTALLED AS A DEACON AND CHAIRMAN OF CORPORATE MISSIONS FOR GREATER FAITH UNITED MISSIONARY BAPTIST CHURCH, AND TO WISH HIM CONTINUED SUCCESS IN ALL OF HIS FUTURE ENDEAVORS.
H. 3450 (Word version) -- Reps. Chalk, Clark, M. Hines, Bales, Agnew, Anderson, Anthony, Ballentine, Brady, Branham, R. Brown, Ceips, Clemmons, Edge, Emory, Govan, Haley, Hardwick, Haskins, Herbkersman, J. Hines, Martin, Moody-Lawrence, Norman, Rivers, Scarborough, Sinclair, G. R. Smith, J. R. Smith, W. D. Smith, Umphlett, Vaughn, Whitmire, Wilkins, Witherspoon, Young, Allen, Altman, Bailey, Barfield, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Frye, Funderburk, Hagood, Hamilton, Harrell, Harrison, Harvin, Hayes, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, McCraw, McGee, McLeod, Merrill, Miller, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rutherford, Sandifer, Scott, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Vick, Viers, Walker, Weeks, Whipper and White: A CONCURRENT RESOLUTION TO DECLARE TUESDAY, FEBRUARY 15, 2005, AS "SOUTH CAROLINA HOMETOWN DAY" IN ORDER TO RECOGNIZE AND HONOR THE MANY OUTSTANDING MUNICIPAL OFFICIALS IN OUR STATE.
H. 3468 (Word version) -- Rep. Walker: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF FIRST LIEUTENANT ANDREW C. SHIELDS, OF SPARTANBURG COUNTY, AND TO EXTEND THE DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
At 12:45 p.m. the House, in accordance with the motion of Rep. UMPHLETT, adjourned in memory of Mrs. Mary Spell Keels of Ridgeville, to meet at 10:00 a.m. tomorrow.
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