Indicates Matter Stricken
Indicates New Matter
The House assembled at 9:30 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr. as follows:
Our thought for today is from 2 Corinthians 13:11: "Put things in order, listen to my appeal, agree with one another, live in peace."
Let us pray. Almighty God, giver of all good gifts. Look in favor on this legislative group with grace and guide the minds of those chosen to serve here. Grant them courage to stand for the cause they believe will lead our State in the right direction. Bless them with integrity and wisdom. Invoke Your divine care on our Nation, President, State and leaders. Protect our defenders of freedom and keep them safe. In Your Holy name. 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. HASKINS moved that when the House adjourns, it adjourn in memory of Dr. Elizabeth Edwards of Greenville, professor at Bob Jones University, which was agreed to.
The following was received:
The Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities finds the following candidates for Boards of Trustees qualified. Background reports from the State Law Enforcement Division show no felony charges against any of the candidates.
Dudley Saleeby, Jr.
Coastal Carolina University
Five congressional districts, one at-large
2nd District, Seat 4 James F. Kane
3rd District, Seat 6 William Lyles, Jr.
4th District, Seat 8 Keith S. Smith
5th District, Seat 10 Robert D. Brown
6th District, Seat 12 Cathy B. Harvin
At-large, Seat 14 Billy Alford
South Carolina State
Four congressional districts, two at-large
1st District, Seat 1 (term expires 2007) Karl V. Green
2nd District, Seat 2 (term expires 2007) Frederick R. Gallant
5th District, Seat 5 Linda K. Edwards
6th District, Seat 6 Maurice G. Washington
Daniel W. Blue, Jr.
At-large, Seat 8 Neville O. Lorick
Thaddeus J. Bell
At-large, Seat 10 William C. Clinkscales
Jonathan Pinson
Wil Lou Gray Opportunity School
At-large, three seats Russell E. Hart
Elizabeth Thrailkill
Stewart Cooner
At-large, one seat (term expires 2008) John W. Robinson
W. Wayne Sims
Winthrop University
At-large, seat 7 Angela H. Bain
Tim Gause
Respectfully submitted,
Rep. Olin Phillips, Chm. Sen. Thomas Alexander
Rep. Becky Martin Sen. Linda Short
Rep. Lanny F. Littlejohn Sen. Jake Knotts
Rep. Jesse E. Hines Sen. Harvey S. Peeler, Jr.
The candidate screening was conducted on March 7th, 2005 at 427 Blatt Building, Columbia, South Carolina, on the 7th day of March, 2005 before Sonya K. Grice, Court Reporter and Notary Public in and for the State of South Carolina.
Representative Olin Phillips
Representative Jesse Hines
Representative Lanny F. Littlejohn
Representative Becky Martin
Senator Thomas Alexander
Senator Linda Short
Senator Harvey S. Peeler, Jr.
Senator Jake Knotts
Sophia Floyd
CHAIRMAN PHILLIPS: I'll call the meeting to order, and I also apologize and thank you for being on time and apologize for our lateness, because I think we were sitting about an hour and a half, Lannie, before me and you moved one inch? And y'all all know about the dead chickens. It was a chicken truck. Chickens was all over the road, and I expect they'll be there this afternoon. I'd like to welcome the two new committee members, Senator Harvey Peeler. Senator Peeler represents Cherokee; that's his main district, Cherokee and York, Union and Spartanburg. I guess we can call him the upstate senator. He's got all three counties in the upstate. And also Senator Jake Knotts from Lexington, and we welcome you to the committee, Senator Knotts. And our other committee members are Senator Linda Short from Chester/Fairfield.
SENATOR SHORT: Union and York.
Received as information.
The following were received and referred to the appropriate committee for consideration:
Document No. 2965
Agency: Department of Insurance
Statutory Authority: 1976 Code Sections 38-3-110, 38-55-50, 38-73-320; 1-23-10, et seq.
Agent Fees for DMV Compliance
Received by Speaker of the House of Representatives
March 15, 2005
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration July 13, 2005
Document No. 2967
Agency: Department of Insurance
Statutory Authority: 1976 Code Sections 38-3-110; 38-73-70; 38-73-495; 38-73-510; 1-23-10, et seq.
Document No. 2968
Agency: Department of Insurance
Statutory Authority: 1976 Code Sections 38-3-110; 38-73-70; 38-73-640; 1-23-10, et seq.
Workers' Compensation Assigned Risk Rates
Received by Speaker of the House of Representatives
March 15, 2005
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration July 13, 2005 (Subject to Sine Die Revision)
Document No. 2966
Agency: Department of Insurance
Statutory Authority: 1976 Code Sections 38-3-110; 1-23-10, et seq.
Repeal 69-2, Annual Renewal Plan
Received by Speaker of the House of Representatives
March 15, 2005
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration July 13, 2005 (Subject to Sine Die Revision)
On motion of Rep. VICK, with unanimous consent, the following was taken up for immediate consideration:
H. 3746 (Word version) -- Rep. Vick: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH CAROLINA TO THE CHESTERFIELD HIGH SCHOOL "RAMS" WRESTLING TEAM, HEAD COACH LANCE ABERNATHY, AND OTHER SCHOOL OFFICIALS AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF CONGRATULATING AND HONORING THE TEAM ON THEIR SECOND CONSECUTIVE CLASS AA/A STATE CHAMPIONSHIP.
That the privilege of the floor of the House of Representatives of the State of South Carolina is extended to the Chesterfield High School "Rams" Wrestling Team, Head Coach Lance Abernathy, and other school officials, at a date and time to be determined by the Speaker, for the purpose of congratulating and honoring the team for their second consecutive Class AA/A State Championship.
The Resolution was adopted.
On motion of Rep. TAYLOR, with unanimous consent, the following was taken up for immediate consideration:
H. 3747 (Word version) -- Reps. Taylor, M. A. Pitts and Duncan: A HOUSE RESOLUTION EXPRESSING THE DESIRE OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH CAROLINA THAT ALL FUTURE EDITIONS OF THE LEGISLATIVE MANUAL CONTAIN THE NAME OF EACH SOIL AND WATER CONSERVATION DISTRICT COMMISSIONER AND CONTACT INFORMATION.
Whereas, the House of Representatives of South Carolina causes to be published annually a South Carolina Legislative Manual; and
Whereas, the Legislative Manual is a highly regarded and keenly sought repository of facts and figures about the State of South Carolina and its elected and appointed officials; and
Whereas, Soil and Water Conservation District Commissioners are elected pursuant to Section 48-9-1220 of the South Carolina Code; and
Whereas, the lands of the State of South Carolina are among the basic and valuable assets of the State, and preservation of these lands is necessary to protect and promote the health, safety, and general welfare of its residents; and
Whereas, the commissioners dutifully serve the residents of this State through their commitment to the conservation of the soil and
Whereas, the interests of the residents of South Carolina would be served by including in the Legislative Manual the name of each commissioner and the name of the district in which each commissioner serves. Now, therefore,
Be it resolved by the House of Representatives:
That the Clerk of the House of Representatives shall cause to be included in the 2006 Legislative Manual, and each successive edition, the name, business address, and business telephone number of each Soil and Water Conservation District Commissioner and the name of the district for which the commissioner serves.
Be it further resolved that a copy of this resolution be forwarded to the Clerk of the House of Representatives.
The Resolution was adopted.
On motion of Rep. LITTLEJOHN, with unanimous consent, the following was taken up for immediate consideration:
H. 3748 (Word version) -- Rep. Littlejohn: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE BROOME HIGH SCHOOL "CENTURIONS" BOYS' BASKETBALL TEAM, COACH HAL MCMANUS, AND OTHER SCHOOL OFFICIALS, AT A TIME AND DATE TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF CONGRATULATING AND HONORING THE TEAM ON ITS 2004-2005 STATE AA CHAMPIONSHIP.
Be it resolved by the House of Representatives:
That the members of the House of Representatives extend privilege of the floor to Broome High School "Centurions" boys' basketball team, Coach Hal McManus, and other school officials, at a time and
The Resolution was adopted.
On motion of Rep. GOVAN, with unanimous consent, the following was taken up for immediate consideration:
H. 3749 (Word version) -- Reps. Govan, Scott, Parks, Rutherford, Ott, Hosey and Cobb-Hunter: A HOUSE RESOLUTION GRANTING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE 2004 SOUTH CAROLINA STATE UNIVERSITY FOOTBALL BULLDOGS AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF RECOGNIZING THEM AND THEIR HEAD COACH BUDDY POUGH AND HIS STAFF ON THEIR STELLAR SEASON.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives is extended to the 2004 South Carolina State University football Bulldogs at a time and date to be determined by the Speaker for the purpose of recognizing them and their head coach Buddy Pough and his staff on their stellar season.
Be it further resolved that a copy of this resolution be presented to Coach Buddy Pough.
The Resolution was adopted.
The following was introduced:
H. 3750 (Word version) -- Reps. Thompson, 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,
The Resolution was adopted.
The following was introduced:
H. 3751 (Word version) -- Rep. Vick: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE THE CHESTERFIELD HIGH SCHOOL "RAMS" WRESTLING TEAM, HEAD COACH LANCE ABERNATHY, AND HIS STAFF FOR THEIR OUTSTANDING 2004-2005 SEASON AND SECOND CONSECUTIVE CLASS AA/A STATE CHAMPIONSHIP.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3752 (Word version) -- Rep. Littlejohn: A CONCURRENT RESOLUTION TO CONGRATULATE THE BROOME HIGH SCHOOL "CENTURIONS" OF SPARTANBURG COUNTY ON THEIR 2004-2005 STATE AA BASKETBALL CHAMPIONSHIP, AND TO
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3753 (Word version) -- Reps. Duncan, M. A. Pitts, Taylor, Altman, Hamilton, Hosey, Limehouse, Littlejohn and Umphlett: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-6-165 SO AS TO PROHIBIT A HOSPITAL THAT RECEIVES STATE FUNDS, INCLUDING MEDICAID FUNDS, TO PROVIDE NONREIMBURSABLE, NONEMERGENCY HEALTHCARE SERVICES TO AN ILLEGAL ALIEN UNLESS THAT PERSON PROVIDES PAYMENT FOR THESE SERVICES.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 3754 (Word version) -- Reps. Duncan, Taylor, Skelton, R. Brown, Clemmons, Hagood, Hardwick, Herbkersman, Littlejohn, Mahaffey, McCraw, Sinclair, Whitmire and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-5100 SO AS TO ALLOW A TAXPAYER WHO WISHES TO MAKE A CONTRIBUTION TOWARD K-12 PUBLIC EDUCATION IN THIS STATE TO DO SO BY DESIGNATING FIVE DOLLARS TO BE PAID WITH HIS INCOME TAX RETURN IN THE MANNER PROVIDED BY THIS SECTION AND TO PROVIDE THAT FUNDS DERIVED FROM THESE CONTRIBUTIONS MUST BE TRANSFERRED TO THE STATE DEPARTMENT OF EDUCATION AND USED TO INCREASE THE BASE STUDENT COST PROVIDED PURSUANT TO THE EDUCATION FINANCE ACT.
Referred to Committee on Ways and Means
H. 3755 (Word version) -- Rep. Kirsh: A BILL TO AMEND CHAPTER 4 OF TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALLOCATION OF THE ACCOMMODATIONS TAX REVENUES, SO AS TO PROVIDE FOR THE TOURISM
H. 3756 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 12-6-1130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPUTATION OF TAXABLE INCOME FOR STATE INCOME TAX PURPOSES, SO AS TO PROVIDE THAT A DEDUCTION MUST NOT BE TAKEN BY A RELATED PERSON FOR THE ACCRUAL OF INTEREST OR EXPENSE OR BY THE HOLDER OF AN OBLIGATION FOR INTEREST PAID AS A DIVIDEND EXCEPT AS PROVIDED.
Referred to Committee on Ways and Means
H. 3757 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 12-6-5060, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOLUNTARY CONTRIBUTIONS TO CERTAIN FUNDS AS DESIGNATED ON THE STATE INCOME TAX RETURN, SO AS TO INCLUDE ALL THE TRUST FUNDS THAT MAY BE DESIGNATED; AND TO REPEAL SECTIONS 12-6-5065, 12-6-5070, 12-6-5080, 12-6-5085, AND 12-6-5090 RELATING TO THE GIFT OF LIFE, VETERANS', DARE, LITTER CONTROL, AND LAW ENFORCEMENT ASSISTANCE TRUST FUNDS, RESPECTIVELY.
Referred to Committee on Ways and Means
H. 3758 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 12-54-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF REVENUE'S AUTHORITY TO REQUIRE PAYMENT WITH IMMEDIATELY AVAILABLE FUNDS FOR DEBTS OF AT LEAST TWENTY THOUSAND DOLLARS, SO AS TO PROVIDE THAT CERTAIN TAX RETURN PREPARERS ARE REQUIRED TO SUBMIT RETURNS AND MAKE PAYMENTS ASSOCIATED WITH THOSE RETURNS BY ELECTRONIC MEANS UNDER CERTAIN CIRCUMSTANCES, OR BY 2D BARCODE OR ANOTHER MEANS UNDER OTHER CIRCUMSTANCES, TO PROVIDE THAT THE DEPARTMENT MUST NOTIFY THE PUBLIC OF THIS REQUIREMENT, TO PROVIDE A DEFINITION FOR THE TERM "TAX RETURN PREPARER", TO ALLOW A TAX RETURN PREPARER TO BE EXEMPTED FROM THE REQUIREMENTS
H. 3759 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 12-37-2720, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION FROM PROPERTY TAXES OF MOTOR VEHICLES WHICH ARE PART OF THE INVENTORY HELD FOR SALE BY A LICENSED MOTOR VEHICLE DEALER AND WHICH ARE OPERATED ON THE HIGHWAYS UNDER A DEALER TAG, SO AS TO REQUIRE THAT THESE VEHICLES TO BE EXEMPT ALSO MUST BE USED EXCLUSIVELY FOR DEALER PURPOSES.
Referred to Committee on Ways and Means
H. 3760 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 12-36-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "RETAIL SALE" FOR PURPOSES OF THE SALES AND USE TAX, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THE SALES TAX OR USE TAX ON BUILDING MATERIALS OF A MANUFACTURER USED IN THE PERFORMANCE OF A CONSTRUCTION CONTRACT MUST BE COMPUTED.
Referred to Committee on Ways and Means
H. 3761 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 12-36-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROSS PROCEEDS FOR PURPOSES OF THE SALES AND USE TAX, SO AS TO EXCLUDE AS GROSS PROCEEDS THE FAIR MARKET VALUE OF TANGIBLE PERSONAL PROPERTY USED OR CONSUMED FROM BUSINESS OR STOCK IF THE PROPERTY IS REPLACING A DEFECTIVE PART IN CONNECTION WITH A WARRANTY OR SERVICE CONTRACT AND THE TAX WAS PAID EARLIER ON THE SALE OR RENEWAL OF THE CONTRACT OR THE TAX WAS PAID ON THE SALE OF THE DEFECTIVE PART OR THE PROPERTY IT WAS PART OF; TO AMEND SECTION 12-36-910, AS AMENDED, RELATING TO THE IMPOSITION OF THE SALES TAX ON TANGIBLE PERSONAL PROPERTY, SO AS TO INCLUDE THE GROSS PROCEEDS ACCRUING FROM THE SALE OR RENEWAL OF A WARRANTY OR SERVICE CONTRACT; AND
H. 3762 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 30-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FILING OF WRITTEN INSTRUMENTS, SO AS TO AUTHORIZE THE PERSON SUBMITTING A DOCUMENT THAT THE REGISTER OF DEEDS HAS REFUSED TO FILE TO COMMENCE SUIT REQUIRING THE CLERK OF COURT OR REGISTER OF DEEDS TO ACCEPT THE DOCUMENT FOR FILING, TO DELETE THE PROVISIONS THAT ESTABLISH A PROCEDURE FOR A PERSON TO HAVE A DOCUMENT ACCEPTED FOR FILING AFTER A SWORN AFFIDAVIT IS SUBMITTED, AND TO PROVIDE A PROCEDURE FOR PREVENTING THE CLERK OF COURT OR REGISTER OF DEEDS FROM REMOVING A DOCUMENT.
Referred to Committee on Judiciary
H. 3763 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 6-32-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX CREDITS, SO AS TO MAKE A TECHNICAL CHANGE REGARDING THE TAXATION OF CERTAIN ENTITIES PURSUANT TO SUBCHAPTER K OF THE INTERNAL REVENUE CODE.
Referred to Committee on Ways and Means
H. 3764 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 23 IN CHAPTER 35 OF TITLE 11 SO AS TO REQUIRE STATE PROCUREMENTS OF TANGIBLE PERSONAL PROPERTY TO BE MADE FROM VENDORS WHO ARE LICENSED BY THE SOUTH CAROLINA DEPARTMENT OF REVENUE AND WHO AGREE TO REMIT SOUTH CAROLINA SALES AND USE TAX, TO PROVIDE FOR EXCEPTIONS TO THIS REQUIREMENT, AND TO PROVIDE FOR THE ENFORCEMENT OF THIS REQUIREMENT.
Referred to Committee on Ways and Means
H. 3766 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-58-190 SO AS TO PROVIDE THAT A REFUND MAY NOT BE DENIED OR DELAYED BECAUSE AN AUDIT FOR ANOTHER TAX OR TAX PERIOD IS PLANNED OR IN PROCESS, AND TO PROVIDE FOR DISCIPLINARY ACTION; AND TO REPEAL SECTION 12-58-170 RELATING TO AN ACTION AGAINST THE STATE FOR VIOLATION OF PROCEDURES PUBLISHED BY THE DEPARTMENT OF REVENUE.
Referred to Committee on Ways and Means
H. 3767 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 12-2-75, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SIGNATORIES TO TAX RETURNS, SO AS TO AUTHORIZE A QUALIFIED TAX PREPARER TO SIGN ELECTRONICALLY; TO AMEND SECTION 12-4-30, RELATING TO COMPOSITION OF THE DEPARTMENT OF REVENUE, SO AS TO DELETE OUT-DATED LANGUAGE; TO AMEND SECTION 12-4-540, RELATING TO APPRAISAL, ASSESSMENT, AND EQUALIZATION OF TAXABLE VALUES OF CORPORATE PROPERTY, SO AS TO MAKE A GRAMMATICAL CHANGE; TO AMEND SECTION 12-6-50, AS AMENDED, RELATING TO SECTIONS OF THE INTERNAL REVENUE CODE NOT ADOPTED BY SOUTH CAROLINA, SO AS TO ADD A CROSS REFERENCE; TO AMEND SECTION 12-6-1170, RELATING TO INCOME DEDUCTION FROM TAXABLE RETIREMENT INCOME, SO AS TO ADD CLARIFYING LANGUAGE; TO AMEND SECTION 12-6-1720, RELATING TO TAXABLE
H. 3768 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-1085 SO AS TO PROVIDE FOR SALES AND USE TAXES ON BEER AND WINE; BY ADDING SECTION 12-28-1400 SO AS TO REQUIRE THE REPORTING THE DEPARTMENT OF REVENUE REQUIRES BY REGULATION FOR PURPOSES OF THE USER FEE ON MOTOR FUELS AND PROVIDE AN ADDITIONAL CIVIL PENALTY FOR VIOLATORS; BY ADDING SECTION 12-54-123 SO AS TO PROTECT FROM LIABILITY A PERSON WHO SURRENDERS THE PROPERTY OF ANOTHER LEVIED ON BY THE DEPARTMENT OF REVENUE; BY ADDING CHAPTER 55 TO TITLE 12, ENACTING THE OVERDUE DEBT COLLECTION ACT AUTHORIZING THE SOUTH CAROLINA DEPARTMENT
The following was introduced:
H. 3769 (Word version) -- Reps. Bingham, Ballentine, Clark, Frye, Haley, Huggins, McLeod, Ott, E. H. Pitts and Toole: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF LOWELL C. "BUTCH" SPIRES, JR., OF
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows:
Agnew Altman Anderson Anthony Bales Ballentine Barfield Battle Bingham Brady Branham Breeland J. Brown R. Brown Cato Ceips Chalk Clark Clemmons Cooper Dantzler Delleney Duncan Edge Frye Funderburk Hagood Haley Hardwick Harrell Harrison Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hiott Hosey Huggins Jefferson Kirsh Leach Lee Littlejohn Loftis Mahaffey McCraw McGee McLeod Merrill Miller Moody-Lawrence J. H. Neal J. M. Neal Neilson Norman Ott Owens Parks Perry Pinson E. H. Pitts M. A. Pitts Rice Rivers Sandifer Scarborough Scott Simrill Skelton D. C. Smith G. R. Smith J. E. Smith J. R. Smith Stewart Talley Taylor Thompson Toole Townsend Umphlett Vaughn Vick Walker Weeks White
Whitmire Wilkins Witherspoon Young
I came in after the roll call and was present for the Session on Tuesday, March 15.
Phillip Sinclair James Lucas Marty Coates Grady Brown Daniel Tripp William Bowers H.B. "Chip" Limehouse David Mack Glenn Hamilton Thad Viers Jerry Govan Becky Martin Kenneth Kennedy Gilda Cobb-Hunter Karl Allen Ralph Davenport Douglas Jennings G. Murrell Smith Olin Phillips William Clyburn Bill Cotty Doug Smith Jackson "Seth" Whipper Eldridge Emory George Bailey Fletcher Smith Creighton Coleman Todd Rutherford Leon Howard Alex Harvin Converse Chellis
The SPEAKER granted Rep. RHOAD a leave of absence for the day due to a death in the family.
The SPEAKER granted Rep. Chellis a temporary leave of absence.
Announcement was made that Dr. John DuBose of Camden 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
Bill Number: H. 3213 (Word version)
Date: ADD:
03/15/05 D. C. SMITH
Bill Number: H. 3642 (Word version)
Date: ADD:
03/15/05 COTTY
Bill Number: H. 3693 (Word version)
Date: ADD:
03/15/05 HAGOOD
Bill Number: H. 3714 (Word version)
Date: ADD:
03/15/05 HAGOOD
Bill Number: H. 3727 (Word version)
Date: ADD:
03/15/05 HAGOOD
Bill Number: H. 3742 (Word version)
Date: ADD:
03/15/05 HALEY
Bill Number: H. 3742 (Word version)
Date: ADD:
03/15/05 BALLENTINE
Bill Number: H. 3264 (Word version)
Date: ADD:
03/15/05 HARDWICK
Bill Number: H. 3742 (Word version)
Date: ADD:
03/15/05 MILLER
Bill Number: H. 3742 (Word version)
Date: ADD:
03/15/05 COBB-HUNTER
Bill Number: H. 3742 (Word version)
Date: ADD:
03/15/05 OTT
Bill Number: H. 3742 (Word version)
Date: ADD:
03/15/05 J. H. NEAL
Bill Number: H. 3742 (Word version)
Date: ADD:
03/15/05 ANTHONY
Bill Number: H. 3742 (Word version)
Date: ADD:
03/15/05 PHILLIPS
Bill Number: H. 3742 (Word version)
Date: ADD:
03/15/05 COLEMAN
Bill Number: H. 3742 (Word version)
Date: ADD:
03/15/05 BATTLE
Bill Number: H. 3453 (Word version)
Date: ADD:
03/15/05 CLEMMONS
Bill Number: H. 3604 (Word version)
Date: ADD:
03/15/05 HUGGINS
Bill Number: H. 3604 (Word version)
Date: ADD:
03/15/05 BINGHAM
Bill Number: H. 3604 (Word version)
Date: ADD:
03/15/05 CLARK
Bill Number: H. 3742 (Word version)
Date: ADD:
03/15/05 E. H. PITTS
Bill Number: H. 3742 (Word version)
Date: ADD:
03/15/05 MERRILL
Bill Number: H. 3742 (Word version)
Date: ADD:
03/15/05 HINSON
Bill Number: H. 3742 (Word version)
Date: ADD:
03/15/05 FRYE
Bill Number: H. 3742 (Word version)
Date: ADD:
03/15/05 CLARK
Bill Number: H. 3742 (Word version)
Date: ADD:
03/15/05 DUNCAN
Bill Number: H. 3742 (Word version)
Date: ADD:
03/15/05 BINGHAM
Bill Number: H. 3742 (Word version)
Date: ADD:
03/15/05 THOMPSON
Bill Number: H. 3742 (Word version)
Date: ADD:
03/15/05 CEIPS
Bill Number: H. 3539 (Word version)
Date: ADD:
03/15/05 HAGOOD
Bill Number: H. 3778 (Word version)
Date: ADD:
03/15/05 CHELLIS
Bill Number: H. 3530 (Word version)
Date: REMOVE:
03/15/05 BAILEY
Bill Number: H. 3666 (Word version)
Date: REMOVE:
03/15/05 FRYE
Debate was resumed on the following Bill, the pending question being the consideration of Part IB, Section 72.
H. 3716 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 2005; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; AND TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THE FISCAL YEAR AND FOR OTHER PURPOSES.
Reps. G. R. SMITH, KIRSH and J. R. SMITH proposed the following Amendment No. 1 (Doc Name h:\legwork\house\amend\h-wm\005\ 72.26 g.smith travel.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 472, paragraph 26, line 24, by inserting after
Rep. G. R. SMITH explained the amendment.
The amendment was then adopted.
Rep. BRADY proposed the following Amendment No. 88 (Doc Name h:\legwork\house\amend\h-wm\008\brady 1.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 483, paragraph 67, lines 26-31, by striking the paragraph in its entirety.
Renumber sections to conform.
Amend totals and titles to conform.
Rep. BRADY explained the amendment.
The amendment was then adopted.
Reps. HARRELL and CEIPS proposed the following Amendment No. 35 (Doc Name h:\legwork\house\amend\council\ggs\ 22010htc05.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 495, by adding an appropriately numbered new paragraph at the end to read:
/ 72.____(GP: Beaufort Water Festival) Whereas, Beaufort is the second oldest city in the State, nestled on the coast between Charleston and Savannah, Georgia; and
Whereas, through the years the Beaufort Water Festival has become an important part of the city's unique culture and heritage. The
Rep. HARRELL explained the amendment.
The amendment was then adopted.
Rep. MERRILL proposed the following Amendment No. 81 (Doc Name h:\legwork\house\amend\h-wm\007\university lobbyist fund transfer merrill.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 495, after line 29, by adding an appropriately numbered paragraph to read:
/(GP: Lobbyist Funds Transfer) The following agencies are directed to transfer the amounts listed, which have been used to pay contract lobbyists, to the State Treasurer's Office for deposit in Barnwell Subfund 4693, Atomic Wste Brl Fd. -Chm Nclr: University of Charleston, $7,500; Coastal Carolina University, $20,933; South Carolina State University, $17,175; University of South Carolina,
Rep. MERRILL explained the amendment.
Rep. SCOTT raised the Point of Order that under House Rule 5.3B Amendment No. 81 was not germane to the Bill in that it did not substantially relate directly to a line item in Part IA of the Appropriations Bill.
SPEAKER WILKINS stated that the amendment was germane and that a Part IB proviso was not required to relate to a line item in Part IA. He therefore overruled the Point of Order.
Rep. SCOTT moved to table the amendment.
Rep. MOODY-LAWRENCE demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Anderson Anthony Bales Battle Branham Breeland G. Brown J. Brown Cato Clemmons Cooper Funderburk Govan Hayes J. Hines M. Hines Hiott Hosey Jefferson Lee Mack McCraw McLeod Miller Moody-Lawrence J. H. Neal Perry Sandifer Scott Skelton Stewart Vick Weeks
Those who voted in the negative are:
Agnew Altman Ballentine Barfield Bingham Brady
Ceips Chalk Clark Coates Cotty Dantzler Delleney Duncan Edge Frye Hagood Haley Hamilton Hardwick Harrell Haskins Herbkersman Huggins Kirsh Leach Limehouse Littlejohn Loftis Lucas Mahaffey Martin McGee Merrill Neilson Norman Owens Pinson E. H. Pitts M. A. Pitts Rice Scarborough Simrill Sinclair D. C. Smith G. R. Smith J. R. Smith Talley Taylor Thompson Toole Townsend Tripp Umphlett Vaughn Viers Walker White Whitmire Wilkins Witherspoon
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. COBB-HUNTER proposed the following Amendment No. 85 (Doc Name h:\legwork\house\amend\h-wm\010\72 cja.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 495, after line 29, by adding an appropriately numbered paragraph to read: /(GP: Criminal Justice Academy) To the extent that funds are available from the Sinking Fund, the Budget and Control Board shall transfer up to $2,000,000 to the Department of Public Safety Criminal Justice Academy for Academy Training Courses Refurbishment. /
Renumber sections to conform.
Amend totals and titles to conform.
Rep. VIERS proposed the following Amendment No. 101 (Doc Name h:\legwork\house\amend\h-wm\004\newpaper exempt.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 495, after line 29, by adding an appropriately numbered paragraph to read:
/For the current fiscal year, the provisions of Section 12-36-2120 (8) are suspended. Any and all revenue derived from this change is to be allocated to schools on a per pupil basis utilizing the 135 day count. School principals shall have the authority to exercise discretion in utilizing these funds./
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Rep. VIERS explained the amendment.
Rep. HARRELL spoke against the amendment.
Rep. HARRELL moved to table the amendment, which was agreed to.
Reps. EDGE and CHALK proposed the following Amendment No. 107 (Doc Name h:\legwork\house\amend\council\nbd\ 11582htc05.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 495, by adding a new paragraph at the end appropriately numbered to read:
/72.__(GP: Use of State Accommodations Tax Revenue) Notwithstanding the provisions of Chapter 4 of Title 6 of the 1976 Code, and for the current fiscal year only, the first five percent of all revenues collected from the tax imposed pursuant to 12-36-2630(3) of the 1976 Code must be credited to the South Carolina Beach Restoration and Improvement Trust Fund established pursuant to Chapter 40, Title 48 of the 1976 Code./
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Rep. NORMAN proposed the following Amendment No. 115 (Doc Name h:\legwork\house\amend\h-wm\005\norman.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 474, paragraph 26, lines 10-15, by striking after /day./ : /When traveling on official business of the commission 50 or more miles outside the county of his official residence, each member shall be allowed a subsistence allowance in the amount as provided in this act for members of the General Assembly. When out-of-state, members of the Workers' Compensation Commission, Public Service Commission and the Employment Security Commission may claim the established amount of per diem, as stated in the General Appropriation Act, or actual expenses as deemed reasonable by the Comptroller General./
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Rep. NORMAN explained the amendment.
Rep. COOPER spoke against the amendment.
Rep. COOPER moved to table the amendment, which was agreed to.
Section 72, as amended, was adopted.
Rep. COOPER proposed the following Amendment No. 15 (Doc Name h:\legwork\house\amend\h-wm\005\73.15 cooper regenesis.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 505, paragraph 15, line 18, by striking /and $1,000,000/ and inserting /$750,000/
Amend the bill further, as and if amended, page 505, paragraph 15, line 19, by inserting after "Treatment":
/; and $250,000 for The ReGenesis Community Health Center/
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Rep. RICE moved to table the amendment, which was not agreed to.
The amendment was then adopted by a division vote of 58 to 16.
Rep. COOPER proposed the following Amendment No. 5 (Doc Name h:\legwork\house\amend\h-wm\002\73-17 aging.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 506, paragraph 17, line 33, by striking:
/Subfund 4508 Sr Cit Ctrs Perm Imp Fund $332,516;/
Amend the bill further, as and if amended, page 507, paragraph 17, after line 25, by inserting:
/E04 Lieutenant Governor's Office
Subfund 4508 Sr Cit Ctrs Perm Imp Fund $332,516;/
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Rep. COOPER explained the amendment.
The amendment was then adopted.
Rep. COOPER proposed the following Amendment No. 73 (Doc Name h:\legwork\house\amend\h-wm\002\73-17 lac.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 508, paragraph 17, line 29, by striking:/HAVA 359,727;/
Amend the bill further, as and if amended, page 508, paragraph 17, after line 33, by inserting:
/Office of Research & Statistics: Election File Merging 65,000;/
Amend the bill further, as and if amended, page 509, paragraph 17, line 2, by striking /150,000/ and inserting /318,000/
Amend the bill further, as and if amended, page 509, paragraph 17, after line 2, by inserting:
/A20 Legislative Audit Council
Operating Expenses $70,000;
P28 Department of Parks, Recreation and Tourism
Competitive Grants Program $56,727; /
Rep. COOPER explained the amendment.
The amendment was then adopted.
Rep. HARRELL proposed the following Amendment No. 110 (Doc Name h:\legwork\house\amend\h-wm\002\73-18 usc-clem def main.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 511, paragraph 18, line 21, by striking:
/b) Reedy River/Bike & Walking Trail $875,000;/
Amend the bill further, as and if amended, page 511, paragraph 18, after line 21, by inserting appropriately numbered items to read: /( ) H27 University of South Carolina
Deferred Maintenance $475,000;
( ) H12 Clemson University
Deferred maintenance $400,000;/
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Rep. HARRELL explained the amendment.
The amendment was then adopted.
Rep. HARRELL proposed the following Amendment No. 3 (Doc Name h:\legwork\house\amend\h-wm\002\73-18 effective.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 511, paragraph 18, line 24, by inserting at the end:
/This provision takes effect July 1, 2005./
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Rep. HARRELL explained the amendment.
The amendment was then adopted.
Rep. WHITE explained the amendment.
Rep. RIVERS spoke against the amendment.
Rep. HARRELL spoke against the amendment.
Rep. HARRELL moved to table the amendment.
Rep. HOSEY demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Altman Anderson Anthony Bales Ballentine Battle Bingham Brady Branham Breeland J. Brown R. Brown Cato Ceips Chalk Clark Clyburn Coates Cobb-Hunter Coleman Cotty Dantzler Delleney Edge Funderburk Hagood Haley Hamilton Harrell Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hiott Huggins Jefferson Jennings Kennedy Kirsh Leach Lee Limehouse Littlejohn Lucas Mack
Mahaffey McCraw McGee McLeod Miller J. M. Neal Neilson Ott Parks Phillips Pinson E. H. Pitts Rivers Scarborough Scott Simrill Sinclair Skelton G. M. Smith G. R. Smith J. E. Smith J. R. Smith W. D. Smith Talley Taylor Toole Viers Walker Weeks Whipper Whitmire Wilkins Young
Those who voted in the negative are:
Barfield Clemmons Cooper Davenport Duncan Frye Hardwick Hosey Loftis Martin Merrill Moody-Lawrence J. H. Neal Norman Owens Perry M. A. Pitts Rice Rutherford Sandifer D. C. Smith Stewart Thompson Townsend Tripp Umphlett White Witherspoon
So, the amendment was tabled.
Reps. HARRELL, COOPER, ALTMAN, CLYBURN, COBB-HUNTER and PARKS proposed the following Amendment No. 113 (Doc Name h:\legwork\house\amend\h-wm\002\f30-cf2.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 511, after line 24, by adding an appropriately numbered paragraph to read:
/(SR: Employee Benefits Carry Forward) Of the funds carried forward from the prior fiscal year in F30, Section 63B, Budget and Control Board, Employee Benefits, the Budget and Control Board shall transfer $527,835 to the Department of Education for Status Offender,
Rep. HARRELL explained the amendment.
The amendment was then adopted.
Rep. KENNEDY proposed the following Amendment No. 122 (Doc Name h:\legwork\house\amend\h-wm\002\73.teacher pay.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 511, after line 24, by adding an appropriately numbered paragraph to read:
/(SR: Funding Teacher Pay Increase) Additional funding in the amount of $51,000,000 shall be provided to the Department of Education to provide an additional 4% teacher pay increase. $2,000,000 identified for State Law Enforcement Division vehicles, $12,000,000 of Debt Service funds, and an additional $37,000,000 that shall be identified from all sources of funds in Section 56A - Governor's Office Executive Control of State and Section 56C - Governor's Office of Executive Policy and Programs shall be transferred to the Department of Education for the purpose of funding the additional 4% teacher pay increase./
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Rep. KENNEDY explained the amendment.
Rep. KENNEDY spoke in favor of the amendment.
Rep. KENNEDY continued speaking.
Rep. KIRSH moved to table the amendment, which was agreed to.
Rep. J. R. SMITH explained the amendment.
The amendment was then adopted.
Rep. HARRELL moved to reconsider the vote whereby Amendment No. 15 was adopted, which was agreed to.
Rep. HARRELL moved to table the amendment, which was agreed to.
Section 73, as amended, was adopted.
Reps. HARRELL, COOPER, PARKS, PINSON and CLYBURN proposed the following Amendment No. 119 (Doc Name h:\legwork\house\amend\h-wm\004\status off 1.47.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 327, paragraph 47, lines 29-32, by inserting:
/1.47. (SDE: Status Offenders/John de la Howe) The funds appropriated for the Status Offender Program shall be distributed to John de la Howe School to expand residential programs to include court ordered status offenders. Components of such a program shall include collaboration between the home school district and the residential school and treatment or related services to the families of students in placement./
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Rep. COTTY proposed the following Amendment No. 91 (Doc Name h:\legwork\house\amend\council\ms\7363ahb05.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 335, paragraph 1.77, by striking lines 22-27, and inserting:
/ 1.77. (SDE: SCGSAH Highly Qualified Teacher Designation) The South Carolina Governor's School for the Arts and Humanities' Board of Directors and the governing authorities of the Charleston School of the Arts and the Greenville County Fine Arts Center are authorized to promulgate administrative policy to address the "highly qualified" designation as mandated by "No Child Left Behind". Classroom teachers employed by the school or center who have achieved either National Board Certification or obtained the Advanced Fine Arts Certification shall be considered "highly qualified." A professional development plan, specific to non-certified teachers teaching in the art areas, must be adopted by the SCGSAH Board and the governing authorities of the Charleston School of the Arts and the Greenville County Fine Arts Center and approved by the Department of Education in order for these teachers to also be designated "highly qualified". /
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Rep. COTTY explained the amendment.
The amendment was then adopted.
Rep. J. E. SMITH proposed the following Amendment No. 94 (Doc Name h:\legwork\house\amend\council\10736mm05.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 335, paragraph 1.78, by deleting lines 28-29, and inserting:
/ (SDE: Local Match Requirements) For the current fiscal year, school districts shall not be required to meet the local match requirements of the Education Finance Act. /
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Rep. HARRELL spoke against the amendment.
Rep. J. E. SMITH spoke in favor of the amendment.
Rep. SCOTT spoke in favor of the amendment.
Rep. YOUNG moved to table the amendment.
Rep. J. E. SMITH demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Ballentine Barfield Bingham Brady Cato Ceips Chalk Clemmons Cooper Davenport Delleney Edge Frye Hagood Haley Hamilton Hardwick Harrell Herbkersman Hinson Hiott Huggins Kirsh Leach Limehouse Littlejohn Loftis Lucas Mahaffey Martin McCraw Merrill Neilson Norman Owens Perry Phillips E. H. Pitts M. A. Pitts Rice Sandifer Scarborough Sinclair Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Stewart Talley Taylor Thompson Toole Townsend Umphlett Vaughn Walker White Wilkins Witherspoon Young
Agnew Allen Anderson Anthony Battle Bowers Breeland G. Brown J. Brown R. Brown Clark Clyburn Coates Cobb-Hunter Coleman Cotty Emory Funderburk Govan Hayes J. Hines M. Hines Hosey Jefferson Jennings Lee Mack McGee McLeod Miller Moody-Lawrence J. H. Neal J. M. Neal Ott Parks Pinson Rivers Rutherford Scott F. N. Smith J. E. Smith Vick Weeks Whipper Whitmire
So, the amendment was tabled.
Reps. MCLEOD, J. M. NEAL, EMORY and HAYES proposed the following Amendment No. 97 (Doc Name h:\legwork\house\amend\h-wm\004\resource officers2.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 335, after line 33, by adding an appropriately numbered paragraph to read:
/From the funds appropriated to the state department of education, the department is directed to allocate $3,200,000 to school districts to fund school resource officers./
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Rep. MCLEOD explained the amendment.
Rep. HARRELL moved to table the amendment, which was agreed to.
Rep. LOFTIS proposed the following Amendment No. 117 (Doc Name h:\legwork\house\amend\council\ggs\22022htc05.doc), which was adopted:
Rep. LOFTIS explained the amendment.
The amendment was then adopted.
Rep. W.D. SMITH proposed the following Amendment No. 126 (Doc Name h:\legwork\house\amend\h-wm\004\efa uses1.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 335, after line 33, by adding an appropriately numbered paragraph to read:
/in the current fiscal year, all local public school administrators shall have flexibility in implementing various strategies including but not limited to, merit pay increases, special rewards to high performing teachers and master/mentor teacher programs utilizing the 315,169,752 increased funding provided for the Education Finance Act in meeting the state's minimum salary schedule./
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Rep. HARRELL explained the amendment.
The amendment was then adopted.
Rep. NEILSON explained the amendment.
The amendment was then adopted.
Section 1, as amended, was adopted.
The motion of Rep. HARRELL to reconsider the vote whereby Section 8 was adopted was taken up and agreed to.
Rep. HARRELL proposed the following Amendment No. 87 (Doc Name h:\legwork\house\amend\h-wm\008\rr rs rh.doc), which was adopted:
Amend the bill, as and if amended, Part IA, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 82, line 25, opposite /other operating expenses/ by increasing the amount(s) in Columns 3 and 4 by:
Column 3 Column 4
104,990 104,990
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The amendment was then adopted.
Column 3 Column 4
G. ReGenesis Community
Health Center 100,000 100,000
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The amendment was then adopted.
Section 8, as amended, was adopted.
The motion of Rep. HARRELL to reconsider the vote whereby Section 15 was adopted was taken up and agreed to.
Rep. HOSEY proposed the following Amendment No. 109 (Doc Name h:\legwork\house\amend\h-wm\007\archives 25000 class hosey.doc), which was adopted:
Amend the bill, as and if amended, Part IA, Section 15, DEPARTMENT OF ARCHIVES AND HISTORY, page 127, line 5, opposite /Classified Positions/ by increasing the amount(s) in Columns 3 and 4 by:
Column 3 Column 4
25,000 25,000
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The amendment was then adopted.
Section 15, as amended, was adopted.
The motion of Rep. HARRELL to reconsider the vote whereby Section 63 was adopted was taken up and agreed to.
Column 3 Column 4
Internship Program 1,000 1,000
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The amendment was then adopted.
Section 63, as amended, was adopted.
The motion of Rep. HARRELL to reconsider the vote whereby Section 17 was adopted was taken up and agreed to.
Rep. HARRELL proposed the following Amendment No. 116 (Doc Name h:\legwork\house\amend\h-wm\007\state library $100 fix harrell.doc), which was adopted:
Amend the bill, as and if amended, by amending Amendment 7 doc. # \legwork\house\amend\h-wm\007\fund discus from life.doc, Part IA, Section 17, STATE LIBRARY, page 130, after line 15, opposite /DISCUS Program/ by increasing the amount(s) in Columns 3 and 4 by:
Column 3 Column 4
100 100
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Amend totals and titles to conform.
The amendment was then adopted.
Section 17, as amended, was adopted.
The motion of Rep. HARRELL to reconsider the vote whereby Section 10 was adopted was taken up and agreed to.
Rep. HARRELL explained the amendment.
The amendment was then adopted.
Section 10, as amended, was adopted.
The motion of Rep. HARRELL to reconsider the vote whereby Section 27 was adopted was taken up and agreed to.
Reps. EDGE and HARRELL proposed the following Amendment No. 118 (Doc Name h:\legwork\house\amend\h-wm\009\edge harrell interstate funding.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 27, DEPARTMENT OF COMMERCE, page 402, paragraph 22, lines 19-21, by striking the paragraph in its entirety and inserting /Of the funds authorized for the Coordinating Council Economic Development, one million $500,000 shall be made available for the routing, planning and construction of I-73 and $500,000 shall be made available for the routing, planning, and construction of I-74. Of the amount, $100,000 shall be distributed to the North East Strategic Alliance (NESA) to contract for staff coordination services for the I-73 Committee. /
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The amendment was then adopted.
Section 27, as amended, was adopted.
The motion of Rep. HARRELL to reconsider the vote whereby Section 8 was adopted was taken up and agreed to.
Rep. J.H. NEAL proposed the following Amendment No. 112 (Doc Name h:\legwork\house\amend\h-wm\008\neal 4.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 369, paragraph 36, line 35, by inserting after /prevention grants./ and before /Grants must/ the words:
/Of these funds $1,000,000 shall be allocated to the Department of Health and Environmental Control for HIV Prevention./
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The amendment was then adopted.
Section 8, as amended, was adopted.
The motion of Rep. HARRELL to reconsider the vote whereby Section 1 was adopted was taken up and agreed to.
Rep. RICE proposed the following Amendment No. 130 (Doc Name h:\legwork\house\amend\h-wm\002\sch dist study-teacher wk days.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 335, an unnumbered paragraph, after line 33, by amending amendment number 117 doc no. h:\legwork\house\amend\ council\ggs\22022htc05.doc by amending the amend further on page 2, line 1, after /Carolna/ by inserting / and the number of teacher work days/
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The amendment was then adopted.
Section 1, as amended, was adopted.
The motion of Rep. HARRELL to reconsider the vote whereby Section 1A was adopted was taken up.
Rep. HARRELL moved to table the motion, which was agreed to.
The motion of Rep. HARRELL to reconsider the vote whereby Section 72 was adopted was taken up.
Rep. COOPER moved to table the motion, which was agreed to.
The motion of Rep. HARRELL to reconsider the vote whereby Section 26 was adopted was taken up.
Rep. COOPER moved to table the motion, which was agreed to.
Rep. HARRELL moved to table all pending motions to reconsider, which was agreed to.
Rep. HARRELL gave notice of offering amendments on third reading if necessary, pursuant to Rule 9.2.
The question then recurred to the passage of the Bill, as amended, on second reading.
Rep. HARRELL demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Allen Anderson Anthony Bales Ballentine Barfield Battle Bingham Bowers Brady Breeland J. Brown R. Brown Cato Ceips Chalk Clark Clemmons Clyburn Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Duncan Edge Emory
Frye Funderburk Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hiott Hosey Huggins Jefferson Jennings Kennedy Kirsh Leach Lee Loftis Lucas Mack Mahaffey Martin McCraw 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 Rice Rivers Rutherford Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. Smith F. N. Smith G. R. Smith J. E. Smith J. R. Smith W. D. Smith Stewart Talley Taylor Thompson Toole Townsend Umphlett Vaughn Vick Walker Weeks Whipper White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
I was out of the Chamber when the vote on H. 3716 was taken. If present, I would have voted in favor of the Bill.
Rep. Jim McGee
I was out of the Chamber with constituents during the roll call vote on the budget and would have voted yes, in favor of H. 3716.
Rep. Jerry N. Govan
I would have voted in favor of the budget bill, H. 3716.
Rep. Grady Brown
If I had been present I would have voted in favor of the budget bill, H. 3716.
Rep. Lanny Littlejohn
I was temporarily out of the Chamber when we voted on H. 3716. I would like to go on record as voting in favor of H. 3716, had I been in the House Chamber.
Rep. George H. Bailey
During the Budget vote I was dealing with a constituent issue in the Blatt Building that prevented me from being on the House floor. I would have voted in favor of H. 3716, if I had been in the Chamber during the vote.
Rep. Thad Viers
I missed the final vote on H. 3716 due to a meeting with some constituents outside the Chamber. I support the budget and would have voted in favor of it, if I were present.
Rep. Murrell Smith
I was temporarily out of the Chamber and would have voted in favor of H. 3716.
Rep. Chip Limehouse
I was temporarily out of the Chamber and would have voted in favor of H. 3716.
Rep. Lester Branham, Jr.
I was temporarily out of the Chamber when the budget was passed. If I had been present I would have voted in favor of H. 3716.
Rep. Marty Coates
In accordance with Section 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 and Part IB, Sections 34, 35, 36A, 38, 43, 44, 45, 46, 49, 51, 55, 63 and 65
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 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.
Rep. PAUL AGNEW
In accordance with Section 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 and Part IB, Sections 34, 35, 36A, 38, 43, 44, 45, 46, 49, 51, 55, 63 and 65
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 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.
Rep. KARL ALLEN
In accordance with Section 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, Sections 31, 63
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 Section 8-13-700(B).
Rep. MARTY COATES
In accordance with Section 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 and Part IB, Sections 34, 35, 36A, 38, 43, 44, 45, 46, 49, 51, 55, 63 and 65
A potential conflict may exist under S.C. Code Section 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.
Rep. ALAN D. CLEMMONS
In accordance with Section 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 and IB, Sections 9, 10, 12, 13, and 39
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 Section 8-13-700(B).
Rep. GILDA COBB-HUNTER
In accordance with Section 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 and Part IB, Sections 34, 35, 36A, 38, 43, 44, 45, 46, 49, 51, 55, 63 and 65
A potential conflict may exist under S.C. Code Section 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.
Rep. CREIGHTON B. COLEMAN
In accordance with Section 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 and Part IB, Sections 34, 35, 36A, 38, 43, 44, 45, 46, 47, 49, 50, 51, 55, 63, 64 and 65
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 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 Section 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,
Rep. BILL COTTY
In accordance with Section 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 and Part IB, Sections 34, 35, 36A, 38, 43, 44, 45, 46, 49, 51, 55, 63 and 65
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 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.
Rep. F. GREG DELLENEY
` In accordance with Section 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 and Part IB, Sections 34, 35, 36A, 38, 43, 44, 45, 46, 49, 51, 55, 63 and 65
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 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.
Rep. LAURIE SLADE FUNDERBURK
In accordance with Section 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:
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 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 Section 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. BEN HAGOOD
In accordance with Section 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 and Part IB, Sections 49, 55, and 64
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 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.
Rep. JAMES H. HARRISON
In accordance with Section 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 and Part IB, Sections 30, 34, 35, 36A, 37, 38, 39, 43, 44, 45, 46, 49, 51, 53, 55, 63 and 65
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or
Rep. DOUG JENNINGS
In accordance with Section 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 18
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 Section 8-13-700(B).
Rep. BRENDA LEE
In accordance with Section 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 and Part IB, Sections 34, 35, 36A, 38, 43, 44, 45, 46, 49, 51, 55, 63 and 65
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 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.
Rep. JAY LUCAS
In accordance with Section 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 and Part IB, Sections 35, 36A, 43, 44, 45, 51, 55, 56C, 64, 65, and provisos 51.2-51.6; 65.1-66.1; 36.1-36.16
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 Section 8-13-700(B).
A potential conflict may exist under S.C. Code Section 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 Section 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. JAMES MCGEE
In accordance with Section 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 and Part IB, Sections 34, 35, 36A, 38, 43, 44, 45, 46, 49, 51 and 55
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 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.
Rep. R. THAYER RIVERS
In accordance with Section 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 and Part IB, Sections 34, 35, 36A, 38, 43, 44, 45, 46, 49, 51 and 55
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 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.
Rep. PHIL SINCLAIR
In accordance with Section 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 IB, Section 35.11
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 Section 8-13-700(B).
Rep. B. R. SKELTON
In accordance with Section 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 and Part IB, Sections 34, 35, 36A, 38, 40, 43, 44, 45, 46, 49, 51, 55, 63 and 65
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 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.
Rep. FLETCHER N. SMITH
In accordance with Section 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:
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 Section 8-13-700(B).
A potential conflict may exist under S.C. Code Section 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 Section 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. G. MURRELL SMITH, JR.
In accordance with Section 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 and Part IB, Sections 6, 7, 8, 9, 24, 26, 30, 32, 33, 34, 35, 36, 38, 37, 38, 39, 42, 42A, 43, 44, 45, 46, 47, 50, 51, 55, 61 and 64
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 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.
Rep. JAMES E. SMITH
In accordance with Section 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:
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 Section 8-13-700(B)
A potential conflict may exist under S.C. Code Section 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.
Rep. W. DOUG SMITH
In accordance with Section 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 and Part IB, Sections 38, 40, 43, 50, 51 and 53
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 Section 8-13-700(B).
A potential conflict may exist under S.C. Code Section 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 Section 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. SCOTT F. TALLEY
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment
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 Section 8-13-700(B).
A potential conflict may exist under S.C. Code Section 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 Section 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. J. DAVID WEEKS
In accordance with Section 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 and Part IB, Sections 38, 42, 43, 47 and 55
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 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.
Rep. DAVID H. WILKINS
The following Joint Resolution was taken up:
H. 3717 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2004-2005.
Rep. HARRELL proposed the following Amendment No. 1 (Doc Name h:\legwork\house\amend\council\gjk\20328sd05.doc), which was adopted:
Amend the resolution, as and if amended, by striking the first sentence of SECTION 2 and inserting:
/The Comptroller General shall post the appropriations contained in this joint resolution in fiscal year 2005-2006. /
Renumber sections to conform.
Amend totals and titles to conform.
Rep. HARRELL explained the amendment.
The amendment was then adopted.
Rep. COBB-HUNTER proposed the following Amendment No. 2 (Doc Name h:\legwork\house\amend\h-wm\010\cj ACADEMY roof.doc), which was adopted:
Amend the resolution, as and if amended, Department of Public Safety, page 2, line 6, by inserting the word Roof, prior to that of Dormitories./
Renumber sections to conform.
Amend totals and titles to conform.
Rep. HARRELL explained the amendment.
The amendment was then adopted.
Rep. J. R. SMITH proposed the following Amendment No. 3 (Doc Name h:\legwork\house\amend\h-wm\004\bus flex.doc), which was adopted:
Amend the resolution, as and if amended, on page 3, line 4 by inserting a new Section before Section 2/(SDE: Buses, Parts, and/or Fuel) Funds appropriated for school bus purchases may be used to purchase buses, fuel, parts, or other school bus related items.
Renumber sections to conform.
Amend totals and titles to conform.
Rep. HARRELL gave notice of offering amendments on third reading if necessary, pursuant to Rule 9.2.
Rep. HARRELL demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Allen Anderson Anthony Bales Ballentine Barfield Battle Bingham Bowers Brady Breeland G. Brown J. Brown R. Brown Cato Ceips Chalk Clark Clemmons Clyburn 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 Hosey Huggins Jefferson Jennings Kennedy Kirsh Leach Lee 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 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 Umphlett Vaughn Vick Weeks Whipper White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
So, the Joint Resolution, as amended, was read the second time and ordered to third reading.
I was temporarily out of the Chamber and would have voted yes on H. 3717. I used my voting card at another desk and it appears that my vote did not record.
Rep. Robert Walker
Rep. HARRELL moved that the House recede until 3:00 p.m., which was agreed to.
At 3:00 p.m. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
Rep. W. D. SMITH moved that the House recur to the Morning Hour, which was agreed to.
The following was introduced:
H. 3770 (Word version) -- Rep. Allen: A HOUSE RESOLUTION TO COMMEND MR. KENNETH BELUE ON HIS SUCCESS AS AN AWARD-WINNING GO-KART RACER AND FOR HIS SUCCESS IN AUTO SHOW COMPETITIONS.
The Resolution was adopted.
The following was introduced:
H. 3771 (Word version) -- Reps. Breeland, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, 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 CONGRATULATE THE CLASS OF 1955 OF ALLEN UNIVERSITY AS IT CELEBRATES ITS FIFTIETH ANNIVERSARY AND TO COMMEND THE MEMBERS OF THIS OUTSTANDING CLASS FOR THEIR CONTRIBUTIONS TO THEIR COMMUNITY, STATE, AND NATION.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
S. 622 (Word version) -- Senator Grooms: A CONCURRENT RESOLUTION TO HONOR AND CONGRATULATE THE GEORGIA PACIFIC CORPORATION'S RUSSELLVILLE PLANT AND ITS EMPLOYEES FOR ACCEPTANCE INTO THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY'S NATIONAL ENVIRONMENTAL PERFORMANCE TRACK PROGRAM.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was introduced:
S. 624 (Word version) -- Senators Knotts, Alexander, Anderson, Bryant, Campsen, Cleary, Courson, Cromer, Drummond, Elliott, Fair, Ford, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Land, Leatherman, Leventis, Lourie, Malloy, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Reese, Richardson, Ritchie, Ryberg, Scott, Setzler, Sheheen, Short, J. V. Smith, Thomas, Verdin and Williams: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF LOWELL C. "BUTCH" SPIRES, JR., OF LEXINGTON COUNTY UPON HIS DEATH AND TO EXPRESS THE GRATITUDE OF THE CITIZENS OF LEXINGTON COUNTY, THE MIDLANDS REGION, AND THE STATE OF SOUTH CAROLINA FOR HIS MANY CONTRIBUTIONS TO HIS COMMUNITY, COUNTY, AND STATE.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was introduced:
S. 625 (Word version) -- Senators Lourie, Alexander, Anderson, Bryant, Campsen, Cleary, Courson, Cromer, Drummond, Elliott, Fair, Ford, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Land, Leatherman,
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. 3772 (Word version) -- Reps. Ceips, Limehouse, Whipper, Rivers, Altman, Bales, Battle, Bowers, Breeland, R. Brown, Chalk, Clemmons, Coates, Dantzler, Herbkersman, Jefferson, McGee, Miller, Perry, Scarborough, Umphlett, Viers and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-710 SO AS TO DESIGNATE THE MARSH TACKY AS THE OFFICIAL STATE HORSE OF SOUTH CAROLINA.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 3773 (Word version) -- Rep. Vick: 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 FROM SALES TAX THE GROSS PROCEEDS OF SALES OR SALES PRICE OF GOLD, SILVER, AND PLATINUM BULLION, COINS, AND CURRENCY AND TO REQUIRE THE RETAILER TO MAINTAIN PROPER DOCUMENTATION AS REQUIRED BY THE SOUTH CAROLINA DEPARTMENT OF REVENUE FOR EACH EXEMPT SALE.
Referred to Committee on Ways and Means
H. 3774 (Word version) -- Rep. Rutherford: A BILL TO AMEND SECTION 38-53-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSES FOR BAIL BONDSMEN AND RUNNERS, SO AS
H. 3775 (Word version) -- Reps. Harrison, Wilkins, Cato, W. D. Smith, Merrill and Ott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-38-15 SO AS TO PROVIDE IN AN ACTION TO RECOVER DAMAGES RESULTING FROM PERSONAL INJURY, WRONGFUL DEATH, DAMAGE TO PROPERTY, OR TO RECOVER DAMAGES FOR ECONOMIC LOSS OR NONECONOMIC LOSS, JOINT AND SEVERAL LIABILITY DOES NOT APPLY TO A DEFENDANT WHO IS LESS THAN FIFTY PERCENT AT FAULT; TO PROVIDE FOR APPORTIONMENT OF PERCENTAGES OF FAULT AMONG DEFENDANTS; AND TO PROVIDE THAT THE PROVISIONS OF THIS SECTION DO NOT APPLY TO A DEFENDANT WHOSE CONDUCT IS WILFUL, WANTON, RECKLESS, GROSSLY NEGLIGENT, INTENTIONAL, OR CONDUCT INVOLVING THE ILLEGAL OR ILLICIT USE, SALE, OR POSSESSION OF ALCOHOL OR DRUGS.
Rep. HARRISON asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. J. E. SMITH objected.
Referred to Committee on Judiciary
S. 205 (Word version) -- Senator Courson: A BILL TO AMEND SECTION 12-37-220 OF THE 1976 CODE, RELATING TO PROPERTY TAX EXEMPTIONS, TO ADD THE MARINE CORPS LEAGUE TO THE LIST OF VETERANS ORGANIZATIONS EXEMPT FROM THE AD VALOREM TAX.
Referred to Committee on Ways and Means
S. 363 (Word version) -- Senators Lourie, Mescher, Setzler, Ford, Knotts, Malloy, Sheheen, Hutto, Short, Patterson, McGill, Leventis, Scott, Drummond, Land, Matthews, Ryberg, Grooms, Moore, Fair, Verdin, Peeler, Leatherman, Thomas, McConnell, Jackson, Campsen and J. V. Smith: A BILL TO AMEND SECTION 12-45-75, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTALLMENT
S. 490 (Word version) -- Senator Land: A BILL TO AMEND SECTION 5-7-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COLLECTION OF DELINQUENT AD VALOREM PROPERTY TAX BY A MUNICIPALITY, SO AS TO MAKE A LIEN FOR MUNICIPAL TAXES WHEN PAYING A LIEN FOR STATE OR COUNTY TAXES, A FIRST LIEN WHEN PAYMENT OF A MUNICIPAL LIEN IS NOT MADE; AND TO AMEND SECTION 12-51-130, AS AMENDED, RELATING TO THE EXECUTION AND DELIVERY OF A TAX TITLE, SO AS TO PROVIDE THAT, IF THE TAX SALE OF AN ITEM PRODUCES MORE CASH THAN THE FULL AMOUNT DUE, THE COVERAGE MUST BE APPLIED TO ANY OUTSTANDING MUNICIPAL TAX LIENS ON THE PROPERTY.
Referred to Committee on Ways and Means
Rep. SINCLAIR moved to adjourn debate upon the following Bill until Tuesday, March 29, which was adopted:
H. 3728 (Word version) -- Reps. Mahaffey, Sinclair, Davenport and Lee: A BILL TO AMEND ACT 1105 OF 1956, AS AMENDED, RELATING TO THE CREATION OF THE STARTEX-JACKSON-WELLFORD-DUNCAN WATER DISTRICT IN SPARTANBURG COUNTY, SO AS TO REQUIRE THAT ALL COMMISSIONERS OF THE DISTRICT SHALL RESIDE IN THE DISTRICT OR IN ITS SERVICE AREA.
The following Bill was taken up, read the second time, and ordered to a third reading:
S. 426 (Word version) -- Senator Land: A BILL TO AMEND ACT 355 OF 2004, RELATING TO THE CLARENDON COUNTY SCHOOL DISTRICTS' PROPERTY TAX RELIEF ACT, AND THE ONE PERCENT SALES TAX AUTHORIZED TO BE IMPOSED IN CLARENDON COUNTY FOR SCHOOL CONSTRUCTION, SO AS TO DELETE THE EXEMPTION ALLOWED IN THE CLARENDON
The following Bills were taken up, read the third time, and ordered sent to the Senate:
H. 3577 (Word version) -- Reps. Witherspoon, Frye, Hiott, Ott and Vick: A BILL TO AMEND SECTION 46-13-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PESTICIDE REGISTRATION FEES, SO AS TO INCREASE THE ANNUAL BASIC REGISTRATION FEE, TO PROVIDE A PROCEDURE FOR FUTURE INCREASES, AND FURTHER PROVIDE FOR THE USE OF THESE FUNDS.
H. 3578 (Word version) -- Reps. Witherspoon, Frye, Hiott, Ott and Vick: A BILL TO AMEND SECTION 46-25-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO FERTILIZER REGULATIONS, SO AS TO REVISE THE DEFINITION OF "SOIL AMENDMENT"; TO AMEND SECTION 46-25-30, AS AMENDED, RELATING TO ANALYSIS OF PLANT NUTRIENTS, SO AS TO PERMIT THE STATE CROP PEST COMMISSION TO REQUIRE PROOF OF CLAIMS MADE FOR FERTILIZER; AND TO AMEND SECTION 46-25-810, AS AMENDED, RELATING TO AN INSPECTION TAX AND TONNAGE REPORTS IN REGARD TO COMMERCIAL FERTILIZER, SO AS TO INCREASE THE INSPECTION TAX AND FURTHER PROVIDE FOR THE TONNAGE REPORT ON FERTILIZER SOLD, AND FOR CERTAIN ACTIONS WHICH WILL BE TAKEN IF THE REQUIRED TAXES AND REPORTS ARE NOT MADE.
H. 3454 (Word version) -- Reps. Cotty and Harrison: A BILL TO AMEND SECTION 29-3-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO METHODS OF ENTERING A MORTGAGE SATISFACTION, SO AS TO FURTHER PROVIDE FOR THE CONTENTS OF THE AFFIDAVIT THAT AN ATTORNEY IS PERMITTED TO FILE IN REGARD TO A MORTGAGE WHICH HE HAS SATISFIED.
H. 3024 (Word version) -- Reps. Davenport, Barfield, Leach, Rice, Simrill and Mahaffey: A BILL TO AMEND SECTION 56-3-3950, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE "KEEP SOUTH CAROLINA BEAUTIFUL" SPECIAL LICENSE PLATES, SO AS TO SPECIFY THE PROJECTS THAT THE "KEEP SOUTH CAROLINA BEAUTIFUL FUND" MAY BE USED TO FINANCE, AND TO REVISE THE ALLOCATION OF THE FEES COLLECTED FROM THE ISSUANCE OF "KEEP SOUTH CAROLINA BEAUTIFUL" SPECIAL LICENSE PLATES.
H. 3503 (Word version) -- Reps. Limehouse and Scarborough: A BILL TO AMEND SECTION 56-3-2010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF PERSONALIZED LICENSE PLATES BY THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE THAT PERSONALIZED LICENSE PLATES ISSUED TO MEMBERS OF FEDERAL COMMISSIONS AND BOARDS EXPIRE JANUARY THIRTY-FIRST EACH YEAR IN WHICH A NEW SESSION OF THE GENERAL ASSEMBLY BEGINS.
H. 3392 (Word version) -- Reps. Toole, Clyburn, Jefferson, Limehouse, Vaughn, Pinson and Vick: A BILL TO AMEND SECTION 59-150-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO
H. 3072 (Word version) -- Reps. Cobb-Hunter, Viers, Brady, Toole, Ceips and Scarborough: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 74 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE FOR "BREAST CANCER AWARENESS" SPECIAL LICENSE PLATES.
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. 113 (Word version) -- Senators Verdin, Knotts, Elliott and Campsen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 48 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE SONS OF CONFEDERATE VETERANS SPECIAL LICENSE PLATES.
Rep. WITHERSPOON moved to adjourn debate upon the following Joint Resolution, which was adopted:
S. 493 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION-ENVIRONMENTAL CERTIFICATION BOARD, RELATING TO CHAPTER REVISION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2931, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Rep. TOWNSEND, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works:
S. 3 (Word version) -- Senators Leatherman, Verdin, Gregory and Grooms: A BILL TO AMEND SECTION 56-3-3950, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE "KEEP SOUTH CAROLINA BEAUTIFUL" SPECIAL LICENSE PLATES, SO AS TO REVISE THE ALLOCATION OF THE FEES COLLECTED FROM THE ISSUANCE OF "KEEP SOUTH CAROLINA BEAUTIFUL" SPECIAL LICENSE PLATES.
On motion of Rep. HARRELL, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means:
S. 339 (Word version) -- Senator Leatherman: A BILL TO AMEND ARTICLE 7, CHAPTER 21, TITLE 12 OF THE 1976 CODE, BY ADDING SECTION 12-21-1085, TO PROVIDE WITH CERTAIN EXCEPTIONS THAT THE TAXES PROVIDED FOR IN ARTICLE 7 ARE IN LIEU OF ALL OTHER TAXES ON BEER AND WINE.
Rep. SCOTT asked unanimous consent to recall H. 3346 from the Committee on Education and Public Works.
Rep. WALKER objected.
H. 3346 (Word version) -- Reps. Scott, Govan, J. Brown, McLeod, Clyburn, J. Hines, Hosey, Miller, M. Hines, Haskins, Phillips, J. H. Neal, Bales, Battle, Breeland, R. Brown, Howard, Jennings, J. E. Smith and Clark: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 45, TITLE 44 TO ENACT THE SOUTH CAROLINA CHILDREN'S HEALTH OBESITY ACT, INCLUDING PROVISIONS TO CREATE THE CHILD HEALTH ADVISORY COMMITTEE; TO PROVIDE FOR ITS MEMBERSHIP, POWERS AND DUTIES, INCLUDING DEVELOPING NUTRITION AND PHYSICAL ACTIVITY
The Senate amendments to the following Bill were taken up for consideration:
H. 3008 (Word version) -- Reps. Cato, Bales, Clark, Barfield, Huggins, Frye, Sandifer, E. H. Pitts, Taylor, Anthony, Bailey, Battle, Bingham, Ceips, Chalk, Chellis, Clemmons, Cooper, Dantzler, Davenport, Duncan, Edge, Hamilton, Hardwick, Harrell, Hinson, Kirsh, Leach, Limehouse, Littlejohn, Loftis, McCraw, Norman, Owens, Perry, Pinson, Rice, Simrill, Skelton, D. C. Smith, G. R. Smith, J. R. Smith, Stewart, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, White, Whitmire, Wilkins, Witherspoon, Coates, Brady, Ballentine, Ott, Mahaffey, Haley, Hagood, Bowers and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 32 TO TITLE 15, SO AS TO ENACT THE "SOUTH CAROLINA ECONOMIC DEVELOPMENT, CITIZENS, AND SMALL BUSINESS PROTECTION ACT OF 2005", PROVIDING FOR DEFINITIONS OF THE TERMS "DAMAGES", "FAULT", AND "PERSON", SEVERAL LIABILITY IN AN ACTION FOR PERSONAL INJURY, PROPERTY DAMAGE, OR WRONGFUL DEATH, A PROCEDURE FOR ASSESSING PERCENTAGES OF FAULT, JOINT LIABILITY ON ALL WHO CONSCIOUSLY AND DELIBERATELY PURSUE A COMMON PLAN TO COMMIT A TORTIOUS ACT, PLACEMENT OF THE BURDEN OF PROVING FAULT ON THE PERSON SEEKING TO ESTABLISH FAULT, AND AN EXCEPTION TO THE
Rep. MERRILL moved to adjourn debate on the Senate Amendments, which was agreed to.
The Senate amendments to the following Bill were taken up for consideration:
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
Rep. CATO explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill 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.
Rep. CATO moved that the House recur to the Morning Hour, which was agreed to.
Rep. FUNDERBURK, from the Kershaw Delegation, submitted a favorable report on:
S. 598 (Word version) -- Senators Sheheen and Lourie: A BILL TO AMEND ACT 930 OF 1970, AS AMENDED, RELATING TO SCHOOL TRUSTEES FOR KERSHAW COUNTY, SO AS TO REVISE THE ELECTION DISTRICTS FROM WHICH THE MEMBERS OF THE BOARD OF TRUSTEES ARE ELECTED; AND TO DESIGNATE A MAP NUMBER FOR THE MAP ON WHICH THESE LINES OF THE ELECTION DISTRICTS FOR TRUSTEES ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
Ordered for consideration tomorrow.
The following was introduced:
H. 3776 (Word version) -- Reps. Harvin, G. M. Smith, 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,
The Resolution was adopted.
Rep. WITHERSPOON moved to adjourn debate upon the following Joint Resolution until Wednesday, March 16, which was adopted:
S. 493 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION-ENVIRONMENTAL CERTIFICATION BOARD, RELATING TO CHAPTER REVISION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2931, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The Senate amendments to the following Bill were taken up for consideration:
H. 3008 (Word version) -- Reps. Cato, Bales, Clark, Barfield, Huggins, Frye, Sandifer, E. H. Pitts, Taylor, Anthony, Bailey, Battle, Bingham, Ceips, Chalk, Chellis, Clemmons, Cooper, Dantzler, Davenport, Duncan,
Rep. MERRILL moved cloture on the entire matter.
Rep. J. E. SMITH demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Barfield Battle Bingham Brady Cato Chalk Clark Clemmons Cooper Cotty Dantzler Davenport Duncan Edge Frye Hagood Hamilton Hardwick Harrell Harrison Haskins Herbkersman Hinson Hiott Huggins Kirsh Leach Lee Limehouse Littlejohn Loftis Lucas Mahaffey Martin Merrill Norman Owens Perry Pinson E. H. Pitts Rice Sandifer Scarborough Simrill Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith Talley Taylor Toole Townsend Umphlett Vaughn Walker White Whitmire Wilkins Witherspoon Young
Agnew Anderson Anthony Bales Ballentine Branham Breeland G. Brown J. Brown Clyburn Coates Coleman Delleney Emory Funderburk Govan Harvin Hayes J. Hines M. Hines Hosey Howard Jefferson Jennings Kennedy McGee McLeod Miller Moody-Lawrence J. H. Neal J. M. Neal Neilson Ott Parks M. A. Pitts Rivers Scott Sinclair F. N. Smith J. E. Smith Thompson Tripp Vick Weeks
So, cloture was ordered.
Reps. J. E. SMITH and JENNINGS proposed the following Amendment No. 2A (Doc Name COUNCIL\PT\2442AHB05), which was tabled:
Amend the bill, as and if amended, by striking in its entirety SECTION 6, page 11, beginning on line 40, and inserting:
/ SECTION 6. Chapter 38, Title 15 of the 1976 Code is amended by adding:
"Section 15-38-15. (A)(1) In an action to recover damages resulting from personal injury, wrongful death, or damage to property or to recover damages for economic loss or for noneconomic loss such as mental distress, loss of enjoyment, pain, suffering, loss of reputation, or loss of companionship resulting from tortious conduct, if indivisible damages are determined to be proximately caused by more than one defendant, joint and several liability does not apply to any defendant whose conduct is determined to be less than fifty percent of the total fault for the indivisible damages.
(B) Apportionment of percentages of fault among defendants is to be determined as specified in subsection (C).
(C) The jury, or the court if there is no jury, shall:
(1) specify the amount of damages;
(2) determine the percentage of fault, if any, of plaintiff and the amount of recoverable damages under applicable rules concerning 'comparative negligence'; and
(3) upon a motion by at least one defendant, where there is a verdict under items (1) and (2) above for damages against two or more defendants for the same indivisible injury, death, or damage to property, specify in a separate verdict under the procedures described at subitem (b) below the percentage of liability that proximately caused the indivisible injury, death, damage to property, or economic loss from tortious conduct, as determined by item (1) above, that is attributable to each defendant whose actions are a proximate cause of the indivisible injury, death, or damage to property.
(a) For this purpose, the court may determine that two or more persons are to be treated as a single party. Such treatment must be used where two or more defendants acted in concert or where, by reason of agency, employment, or other legal relationship, a defendant is vicariously responsible for the conduct of another defendant.
(b) After the initial verdict awarding damages is entered and before the special verdict on percentages of liability is rendered, the parties shall be allowed oral argument, with the length of such argument subject to the discretion of the trial judge, on the determination of the percentage attributable to each defendant. However, no additional evidence shall be allowed.
(D) A defendant shall retain any right he may have pursuant to common law to assert that another potential tortfeasor, whether or not a party, contributed to the alleged injury or damages and/or may be liable for any or all of the damages alleged by any other party.
(E) Notwithstanding the application of this section, setoff from any settlement received from any potential tortfeasor prior to the verdict shall be applied in proportion to each defendant's percentage of liability as determined pursuant to subsection (C).
(F) This section does not apply to a defendant whose conduct is determined to be wilful, wanton, reckless, grossly negligent, or intentional or conduct involving the use, sale, or possession of alcohol or drugs." /
Renumber sections to conform.
Amend title to conform.
Rep. J. E. SMITH explained the amendment.
Rep. YOUNG moved to table the amendment.
Rep. J. E. SMITH demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anthony Bailey Ballentine Barfield Battle Bingham Brady Cato Ceips Chalk Clark Clemmons Cooper Cotty Dantzler Davenport Duncan Edge Frye Hagood Haley Hamilton Hardwick Harrell Haskins Hayes Herbkersman Hinson Hiott Huggins Kirsh Leach Limehouse Littlejohn Loftis Mahaffey Martin McCraw Norman Owens E. H. Pitts M. A. Pitts Rice Sandifer Scarborough Simrill Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith Talley Taylor Thompson Toole Tripp Umphlett Vaughn Viers Walker White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Agnew Anderson Breeland G. Brown Clyburn Coates Cobb-Hunter Coleman Delleney Emory Funderburk Govan Harvin J. Hines M. Hines Hosey Howard Jefferson
Jennings Kennedy Lee Lucas McGee McLeod Miller Moody-Lawrence J. H. Neal J. M. Neal Neilson Ott Parks Rivers Scott Sinclair F. N. Smith J. E. Smith Vick Weeks
So, the amendment was tabled.
Rep. JENNINGS proposed the following Amendment No. 3A (Doc Name COUNCIL\MS\7283AHB05), which was tabled:
Amend the bill, as and if amended, by striking in its entirety Section 15-32-40, as contained in SECTION 3, and inserting:
/ Section 15-32-40. (A) Joint and several liability must be imposed on the following:
(1) a defendant whose fault is greater than twenty percent;
(2) those defendants who consciously and deliberately pursue a common plan or design to commit a tortious act, or actively take part in it;
(3) a defendant who commits an intentional tort;
(4) a defendant who by reason of agency, employment, or other legal relationship is vicariously responsible for the conduct of another party; or
(5) a defendant whose liability arises pursuant to another provision of law that otherwise provides for joint and several liability.
(B) A defendant held jointly and severally liable pursuant to the provisions of this section has a right of contribution from other defendants held jointly and severally liable pursuant to this section to the extent provided for by Chapter 38, Title 15.
(C) A defendant held jointly and severally liable pursuant to subsection (A)(2) must be held jointly and severally liable only for the total portion of fault assessed to those defendants with whom he acted in concert.
(D) A defendant held jointly and severally liable pursuant to subsection (A)(4) must be held jointly and severally liable only for the total portion of fault assigned to the other party. For purposes of determining a share of fault a defendant who by reason of agency, employment, or other legal relationship is vicariously responsible for
(E) In an action subject to this chapter, a party seeking to establish that two or more defendants in an action should be treated as a single party for purposes of assigning a portion of fault based on common law principles of piercing the corporate veil affirmatively shall plead and the court shall determine, based on common law principles of piercing the corporate veil, whether these defendants should be treated as a single party so that the conduct of one defendant is attributed to the others or the individual shares of fault are aggregated for the purpose of applying joint and several liability as provided in subsection (A).
(F) In a jury trial in any action in which the comparative fault of the parties or non-parties is an issue for determination by the jury, the trial court shall not instruct the jury on the effect of its finding as to the degree or percentage of negligence or fault of a party or non-party. /
Renumber sections to conform.
Amend title to conform.
Rep. JENNINGS explained the amendment.
Rep. CATO moved to table the amendment.
Rep. JENNINGS demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Ballentine Barfield Battle Bingham Brady Cato Ceips Chalk Clark Clemmons Cooper Cotty Dantzler Davenport Delleney Duncan Edge Frye Funderburk Hagood Haley Hamilton Hardwick Harrell Haskins Hayes Hinson Hiott Huggins Kirsh Leach Limehouse Littlejohn Loftis Lucas Mahaffey Martin McCraw
McGee Norman Owens Perry Pinson E. H. Pitts M. A. Pitts Rice Sandifer Scarborough Simrill Sinclair Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith Talley Taylor Thompson Toole Tripp Vaughn Vick White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Agnew Anderson Bowers Branham Breeland G. Brown Clyburn Coleman Emory Harvin J. Hines M. Hines Hosey Jefferson Jennings Kennedy Lee McLeod Miller Moody-Lawrence J. H. Neal J. M. Neal Neilson Parks Rivers Scott F. N. Smith J. E. Smith Weeks
So, the amendment was tabled.
Reps. DELLENEY, JENNINGS and F. N. SMITH proposed the following Amendment No. 6A (Doc Name COUNCIL\MS\ 7273AHB05), which was tabled:
Amend the bill, as and if amended, by striking in its entirety Section 15-7-30(C), as contained in SECTION 5, and inserting:
/ (C) A civil action tried pursuant to this section against a resident individual defendant must be brought and tried in the county in which the:
(1) defendant resides at the time the cause of action arose;
(2) plaintiff resides at the time the cause of action arose; or
(3) cause of action arose. /
Rep. JENNINGS explained the amendment.
Rep. KENNEDY spoke against the amendment.
Rep. KENNEDY moved to table the amendment.
Rep. JENNINGS demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anthony Bailey Ballentine Barfield Battle Bingham Brady Cato Ceips Chalk Clemmons Coates Cooper Cotty Dantzler Davenport Delleney Duncan Edge Frye Hagood Haley Hamilton Hardwick Harrell Haskins Hayes Herbkersman Hinson Hiott Huggins Kennedy Kirsh Leach Limehouse Loftis Lucas Mahaffey Martin McCraw McGee Norman Owens Perry Pinson E. H. Pitts M. A. Pitts Rice Sandifer Scarborough Simrill Sinclair Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith Talley Taylor Thompson Toole Townsend Tripp Umphlett Vaughn Vick Viers Walker White Wilkins Witherspoon Young
Agnew Anderson Bowers Branham Breeland G. Brown J. Brown Clyburn Coleman Emory Funderburk Govan Harvin J. Hines M. Hines Hosey Jefferson Jennings Littlejohn McLeod Miller Moody-Lawrence J. H. Neal J. M. Neal Neilson Rivers Scott F. N. Smith J. E. Smith Weeks Whipper
So, the amendment was tabled.
Reps. DELLENEY, JENNINGS and F. N. SMITH proposed the following Amendment No. 7A (Doc Name COUNCIL\MS\ 7275AHB05), which was tabled:
Amend the bill, as and if amended, by striking SECTION 3 in its entirety and inserting:
/ SECTION 3. Chapter 38, Title 15 is amended to read:
Section 15-38-10. This chapter may be cited as the Uniform Contribution Among Tortfeasors Act.
Section 15-38-15. (A) In an action to recover damages resulting from personal injury, wrongful death, or damage to property, if the damages are determined to be proximately caused by more than one defendant, each defendant against whom recovery is allowed is liable to the claimant only for the defendant's proportionate share of the recoverable damages except as provided in subsection (D).
(B) The proportionate share of damages for which each defendant is liable is calculated by multiplying the damages by a fraction in which the numerator is the defendant's percentage of liability determined pursuant to subsection (C), and the denominator is the total of the percentages of liability determined pursuant to subsection (C), to be attributable to all defendants whose actions are a proximate cause of the injury, death, or damage to property including settled or released persons pursuant to Section 15-38-50. A percentage of liability
(C) The jury or court, if there is no jury, shall specify:
(1) the amount of damages;
(2) findings of fact necessary for the court to specify recoverable damages; and
(3) the percentage of liability that proximately caused the injury, death, or damage to property in relation to one hundred percent, that is attributable to each defendant whose actions are a proximate cause of the injury, death, or damage to property including settled or released persons pursuant to Section 15-38-50.
(D)(1) Upon motion by the claimant to open the judgment filed, after good faith efforts by the claimant to collect from a liable defendant, at least one year but not more than two years after judgment becomes final through lapse of time or through exhaustion of appeal, whichever occurs later, the court shall determine whether all or part of a defendant's proportionate share of the recoverable damages is not collectible from that defendant, and shall reallocate that amount among the other defendants in accordance with the provisions of this section.
(2) The court shall order that the portion of the amount not collectible be reallocated among the other defendants. The court shall reallocate to the other defendants an amount equal to the amount not collectible of recoverable damages multiplied by a fraction in which the numerator is the defendant's percentage of liability and the denominator is the total of the percentages of liability of all defendants excluding any defendant whose liability is reallocated.
(3) The defendant whose liability is reallocated remains subject to contribution pursuant to the provisions of this chapter and to any continuing liability to the claimant on the judgment.
Section 15-38-20. (A) Except as otherwise provided in this chapter, where two or more persons become jointly or severally liable in tort for the same injury to person or property or for the same wrongful death, there is a right of contribution among them even though judgment has not been recovered against all or any of them.
(B) The right of contribution exists only in favor of a tortfeasor who has paid more than his pro rata proportionate share of the common liability as determined by the jury or court at the time of judgment, and his total recovery is limited to the amount paid by him in excess of his pro rata proportionate share as determined by the jury or court at the time of judgment. No tortfeasor is compelled to make contribution
(C) There is no right of contribution in favor of any tortfeasor who has intentionally caused or contributed to the injury or wrongful death.
(D) A tortfeasor who enters into a settlement with a claimant is not entitled to recover contribution from another tortfeasor whose liability for the injury or wrongful death is not extinguished by the settlement nor in respect to any amount paid in a settlement which is in excess of what was reasonable.
(E) A liability insurer, who by payment has discharged in full or in part the liability of a tortfeasor and has thereby discharged in full its obligation as insurer, is subrogated to the tortfeasor's right of contribution to the extent of the amount it has paid in excess of the tortfeasor's pro rata proportionate share of the common liability as determined by the jury or court at the time of judgment. This provision does not limit or impair any right of subrogation arising from any other relationship.
(F) This chapter does not impair any right of indemnity under existing law. Where one tortfeasor is entitled to indemnity from another, the right of the indemnity obligee is for indemnity and not contribution, and the indemnity obligor is not entitled to contribution from the obligee for any portion of his indemnity obligation.
(G) This chapter does not apply to breaches of trust or of other fiduciary obligation.
Section 15-38-30. In determining the pro rata shares of tortfeasors in the entire liability (1) their relative degrees of fault shall not be considered; (2) if equity requires, the collective liability of some as a group shall constitute a single share; and (3) principles of equity applicable to contribution generally shall apply.
Section 15-38-40. (A) Whether or not judgment has been entered in an action against two or more tortfeasors for the same injury or wrongful death, contribution may be enforced by separate action.
(B) Where a judgment has been entered in an action against two or more tortfeasors for the same injury or wrongful death, contribution may be enforced in that action by judgment in favor of one against other judgment defendants by motion upon notice to all parties to the action. Provided, however, contribution may not be enforced in the action until the issue of liability, and the resulting damages against the defendant or defendants named in the action, and the proportionate fault of the defendant is determined. Once the issue of liability has
(C) If there is a judgment for the injury or wrongful death against the tortfeasor seeking contribution, any separate action by him to enforce contribution must be commenced within one year after the party seeking contribution has made the final payment in excess of that party's share of the judgment after the judgment has become final by lapse of time for appeal or after appellate review.
(D) If there is no judgment for the injury or wrongful death against the tortfeasor seeking contribution, his right of contribution is barred unless he has either (1) discharged by payment the common liability within the statute of limitations period applicable to claimant's right of action against him and has commenced his action for contribution within one year after payment, or (2) agreed while action is pending against him to discharge the common liability and has within one year after the agreement paid the liability and commenced his action for contribution.
(E) The recovery of a judgment for an injury or wrongful death against one tortfeasor does not of itself discharge the other tortfeasors from liability for the injury or wrongful death unless the judgment is satisfied. The satisfaction of the judgment does not impair any right of contribution.
(F) The judgment of the court in determining the liability of the several defendants to the claimant for an injury or wrongful death shall be binding as among such defendants in determining their right to contribution.
Section 15-38-50. When a release or a covenant not to sue or not to enforce judgment is given in good faith to one of two or more persons liable in tort for the same injury or the same wrongful death:
(1) it does not discharge any of the other tortfeasors from liability for the injury or wrongful death unless its terms so provide, but it reduces the claim against the others to the extent of any amount stipulated by the release or the covenant, or in the amount of the consideration paid for it, whichever is the greater; and
(2) it discharges the tortfeasor to whom it is given from all liability for contribution to any other tortfeasor.
Section 15-38-60. This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those that enact it.
Section 15-38-65. No payment shall be made from state appropriated funds or other public funds to satisfy claims or judgments against governmental entities or governmental employees acting within the scope of their official duties arising under the Uniform Contribution Among Tortfeasors Act. The South Carolina Tort Claims Act is the exclusive and sole remedy for any tort committed by an employee of a governmental entity while acting within the scope of his official duty. The Uniform Contribution Among Tortfeasors Act shall not apply to governmental entities.
Section 15-38-70. All acts or parts of acts which are inconsistent with the provisions of this chapter are hereby repealed." /
Renumber sections to conform.
Amend title to conform.
Rep. F. N. SMITH explained the amendment.
Rep. CATO moved to table the amendment.
Rep. SCOTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anthony Bailey Ballentine Barfield Battle Bingham Brady Cato Ceips Chalk Clark Clemmons Coates Cooper Cotty Dantzler Davenport Delleney Duncan Edge Frye Funderburk Hagood Haley Hamilton Hardwick Harrell Hayes Herbkersman Hinson Hiott Huggins Kirsh Leach Lee Limehouse Littlejohn Loftis Lucas Mahaffey Martin McCraw McGee McLeod Norman Owens Parks Perry Pinson E. H. Pitts M. A. Pitts Rice Sandifer Scarborough
Simrill Sinclair Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith Talley Taylor Thompson Toole Townsend Umphlett Vaughn Vick Viers Walker White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Agnew Allen Anderson Bowers Branham Breeland G. Brown J. Brown R. Brown Cobb-Hunter Coleman Govan Harvin J. Hines M. Hines Hosey Jefferson Jennings Kennedy Miller Moody-Lawrence J. H. Neal Neilson Rivers Scott F. N. Smith J. E. Smith Weeks
So, the amendment was tabled.
Reps. DELLENEY, JENNINGS, J. E. SMITH and F. N. SMITH proposed the following Amendment No. 8A (Doc Name COUNCIL\MS\7249AHB05), which was tabled:
Amend the bill, as and if amended, by striking SECTION 5 in its entirety and inserting:
/ SECTION 5. Section 15-7-30 of the 1976 Code is amended to read:
"Section 15-7-30. (A) As used in this section:
( 1) 'Domestic corporation' means a 'domestic corporation' as defined in Section 33-1-400.
( 2) 'Domestic limited partnership' means a 'domestic limited partnership' as defined in Section 33-42-20.
( 3) 'Domestic limited liability company' means a 'domestic limited liability partnership' as defined in Section 33-41-1110 with its principal place of business within this State.
( 4) 'Domestic limited liability partnership' means a 'domestic limited liability partnership' as defined in Section 33-41-1110 with its principal place of business within this State.
( 5) 'Foreign corporation' means a 'foreign corporation' as defined in Section 33-1-400.
( 6) 'Foreign limited partnership' means a 'foreign limited partnership' as defined in Section 33-42-20.
( 7) 'Foreign limited liability company' means a 'foreign limited liability partnership' as defined in Section 33-41-1150 with its principal place of business outside of the State.
( 8) 'Foreign limited liability partnership' means a 'foreign limited liability partnership' as defined in Section 33-41-1150 with its principal place of business outside of the State.
( 9) 'Nonresident individual' means a person who is not domiciled in this State.
(10) 'Principal place of business' means:
(a) the corporation's home office location from which the corporation's officers direct, control, or coordinate its activities within the State;
(b) the location of the corporation's manufacturing, sales, or purchasing facility within the State if the corporation does not have a home office within the State; or
(c) the location at which the majority of corporate activity takes place if the corporation has multiple centers of manufacturing, sales, or purchasing located within the State. The following factors may be considered when determining the location at which the majority of corporate activity takes place:
( i) the number of employees located in any one county;
( ii) the authority of the employees located in any one county; and
(iii) the tangible corporate assets that exist in any one county; and
(11) 'Resident individual' means a person who is domiciled in this State.
(B) In all other cases not provided for in Sections 15-7-10, 15-7-20, or 15-78-100, and except as provided in Section 15-7-100, the action shall must be tried in the county in which the defendant resides
(C) A civil action tried pursuant to this section against a resident individual defendant must be brought and tried in the county in which the:
(1) plaintiff resides at the time the cause of action arose;
(2) defendant resides at the time the cause of action arose; or
(3) cause of action arose.
(D) A civil action tried pursuant to this section against a nonresident individual defendant must be brought and tried in the county in which the:
(1) plaintiff resides at the time the cause of action arose; or
(2) cause of action arose.
(E) A civil action tried pursuant to this section against a domestic corporation, domestic limited partnership, domestic limited liability company, or domestic limited liability partnership must be brought and tried in the county in which the:
(1) plaintiff resides at the time the cause of action arose;
(2) corporation's principal place of business at the time the cause of action arose; or
(3) cause of action arose.
(F) A civil action tried pursuant to this section against a foreign corporation, foreign limited partnership, foreign limited liability company, or foreign limited liability partnership must be brought and tried in the county in which the:
(1) plaintiff resides at the time the cause of action arose;
(2) foreign corporation, foreign limited partnership, foreign limited liability company, or foreign limited liability partnership has its principal place of business in this State at the time the cause of action arose; or
(3) cause of action arose." /
Renumber sections to conform.
Amend title to conform.
Rep. KENNEDY spoke against the amendment.
Rep. KENNEDY moved to table the amendment.
Rep. SCOTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Anderson Anthony Bailey Bales Ballentine Barfield Battle Bingham Brady Cato Ceips Chalk Clark Clemmons Coates Cooper Dantzler Davenport Delleney Duncan Edge Emory Frye Funderburk Govan Hagood Haley Hamilton Hardwick Harrell Hayes Herbkersman Hinson Hiott Huggins Kennedy Kirsh Leach Lee Limehouse Littlejohn Loftis Lucas Mahaffey Martin McCraw McGee Miller Norman Owens Parks Perry Pinson E. H. Pitts M. A. Pitts Rice Sandifer Scarborough Simrill Sinclair Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith Talley Taylor Thompson Toole Townsend Tripp Umphlett Vaughn Vick Viers Walker White Whitmire Wilkins Witherspoon Young
Allen Bowers Branham Breeland G. Brown J. Brown Coleman Harvin J. Hines M. Hines Hosey Jefferson Jennings McLeod Moody-Lawrence Rivers Scott J. E. Smith Weeks Whipper
So, the amendment was tabled.
Reps. DELLENEY, JENNINGS, J. E. SMITH and F. N. SMITH proposed the following Amendment No. 9A (Doc Name COUNCIL\MS\7250AHB05), which was tabled:
Amend the bill, as and if amended, by striking SECTION 5 in its entirety and inserting:
/ SECTION 5. Section 15-7-30 of the 1976 Code is amended to read:
"Section 15-7-30. (A) As used in this section:
( 1) 'Domestic corporation' means a 'domestic corporation' as defined in Section 33-1-400.
( 2) 'Domestic limited partnership' means a 'domestic limited partnership' as defined in Section 33-42-20.
( 3) 'Domestic limited liability company' means a 'domestic limited liability partnership' as defined in Section 33-41-1110 with its principal place of business within this State.
( 4) 'Domestic limited liability partnership' means a 'domestic limited liability partnership' as defined in Section 33-41-1110 with its principal place of business within this State.
( 5) 'Foreign corporation' means a 'foreign corporation' as defined in Section 33-1-400.
( 6) 'Foreign limited partnership' means a 'foreign limited partnership' as defined in Section 33-42-20.
( 7) 'Foreign limited liability company' means a 'foreign limited liability partnership' as defined in Section 33-41-1150 with its principal place of business outside of the State.
( 8) 'Foreign limited liability partnership' means a 'foreign limited liability partnership' as defined in Section 33-41-1150 with its principal place of business outside of the State.
( 9) 'Nonresident individual' means a person who is not domiciled in this State.
(10) 'Principal place of business' means:
(a) the corporation's home office location from which the corporation's officers direct, control, or coordinate its activities within the State;
(b) the location of the corporation's manufacturing, sales, or purchasing facility within the State if the corporation does not have a home office within the State; or
(c) the location at which the majority of corporate activity takes place if the corporation has multiple centers of manufacturing, sales, or purchasing located within the State. The following factors may be considered when determining the location at which the majority of corporate activity takes place:
( i) the number of employees located in any one county;
( ii) the authority of the employees located in any one county; and
(iii) the tangible corporate assets that exist in any one county; and
(11) 'Resident individual' means a person who is domiciled in this State.
(B) In all other cases not provided for in Sections 15-7-10, 15-7-20, or 15-78-100, and except as provided in Section 15-7-100, the action shall must be tried in the county in which the defendant resides at the time of the commencement of the action it properly may be brought and tried against the defendant according to the provisions of this section. If there be is more than one defendant, then the action may be tried in any county in which one or more of the defendants to such action resides at the time of the commencement of the an action properly may be maintained against one of the defendants pursuant to this section. If none of the parties shall reside in the State the action may be tried in any county which the plaintiff shall designate in his complaint. This section is subject however to the power of the court to change the place of trial in certain cases as provided by law.
(C) A civil action tried pursuant to this section against a resident individual defendant must be brought and tried in the county in which the:
(1) defendant resides at the time the cause of action arose; or
(2) cause of action arose.
(D) A civil action tried pursuant to this section against a nonresident individual defendant must be brought and tried in the county in which the:
(1) plaintiff resides at the time the cause of action arose; or
(2) cause of action arose.
(E) A civil action tried pursuant to this section against a domestic corporation, domestic limited partnership, domestic limited liability company, or domestic limited liability partnership must be brought and tried in the county in which the:
(1) corporation's principal place of business at the time the cause of action arose; or
(2) cause of action arose.
(F) A civil action tried pursuant to this section against a foreign corporation, foreign limited partnership, foreign limited liability company, or foreign limited liability partnership must be brought and tried in the county in which the:
(1) plaintiff resides at the time the cause of action arose;
(2) foreign corporation, foreign limited partnership, foreign limited liability company, or foreign limited liability partnership has its principal place of business in this State at the time the cause of action arose; or
(3) cause of action arose." /
Renumber sections to conform.
Amend title to conform.
Rep. RIVERS explained the amendment.
Rep. HOSEY spoke against the amendment.
Rep. CATO moved to table the amendment.
Rep. SCOTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Anderson Anthony Bailey Barfield Battle Bingham Brady Cato Ceips Chalk Clark Clemmons Cooper Cotty
Dantzler Davenport Delleney Duncan Frye Funderburk Hagood Haley Hamilton Hardwick Harrell Hayes Herbkersman Hinson Hiott Hosey Huggins Kennedy Kirsh Leach Lee Limehouse Loftis Lucas Mahaffey Martin McCraw McGee Miller Norman Owens Perry Pinson E. H. Pitts Rice Sandifer Scarborough Simrill Sinclair Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith Talley Taylor Thompson Toole Townsend Tripp Umphlett Vaughn Vick Viers Walker White Wilkins Young
Those who voted in the negative are:
Allen Bowers Branham Breeland J. Brown Harvin J. Hines M. Hines Jefferson McLeod Moody-Lawrence Rivers Scott J. E. Smith Weeks
So, the amendment was tabled.
Rep. KENNEDY moved to reconsider the vote whereby Amendment 6A was tabled.
Rep. KENNEDY demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Barfield Battle Bingham Brady Cato Ceips Chalk Clemmons Coates Cooper Cotty Dantzler Davenport Duncan Emory Frye Funderburk Hagood Haley Hamilton Hardwick Harrell Herbkersman Hinson Hiott Huggins Kirsh Leach Limehouse Loftis Lucas Mahaffey McCraw McGee Miller Neilson Norman Owens Perry Pinson E. H. Pitts M. A. Pitts Rice Sandifer Scarborough Simrill Skelton D. C. Smith G. R. Smith J. R. Smith Talley Taylor Toole Umphlett Vaughn Vick Walker White Witherspoon Young
Those who voted in the negative are:
Agnew Allen Anderson Anthony Branham J. Brown Govan J. Hines M. Hines Hosey Jefferson Kennedy Moody-Lawrence Parks Rivers Scott G. M. Smith J. E. Smith Thompson Viers Weeks
Reps. DELLENEY, JENNINGS, J. E. SMITH and F. N. SMITH proposed the following Amendment No. 10A (Doc Name COUNCIL\MS\7251AHB05), which was tabled:
Amend the bill, as and if amended, by striking SECTION 5 in its entirety and inserting:
/ SECTION 5. Section 15-7-30 of the 1976 Code is amended to read:
"Section 15-7-30 (A) As used in this section:
(1) 'Domestic corporation' means a 'domestic corporation' as defined in Section 33-1-400.
(2) Domestic limited partnership' means a 'domestic limited partnership' as defined in Section 33-42-20.
(3) 'Domestic limited liability company' means a 'domestic limited liability partnership' as defined in Section 33-41-1110 with its principal place of business within this State.
(4) 'Domestic limited liability partnership' means a 'domestic limited liability partnership' as defined in Section 33-41-1110 with its principal place of business within this State.
(5) 'Foreign corporation' means a 'foreign corporation' as defined in Section 33-1-400.
(6) 'Foreign limited partnership' means a 'foreign limited partnership' as defined in Section 33-42-20.
(7) 'Foreign limited liability company' means a 'foreign limited liability partnership' as defined in Section 33-41-1150 with its principal place of business outside this State.
(8) 'Foreign limited liability partnership' means a 'foreign limited liability partnership' as defined in Section 33-41-1150 with its principal place of business outside this State.
(9) 'Nonresident individual' means a person who is not domiciled in this State.
(10) 'Principal place of business' means:
(a) the corporation's home office location from which the corporation's officers direct, control, or coordinate its activities within the State;
(b) the location of the corporation's manufacturing, sales, or purchasing facility within the State if the corporation does not have a home office within the State; or
(c) the location at which the majority of corporate activity takes place if the corporation has multiple centers of manufacturing,
(i) the number of employees located in any one county;
(ii) the authority of the employees located in any one county;
(iii) the tangible corporate assets that exist in any one county.
(11) 'Resident individual' means a person who is domiciled in this State.
(B) In all other cases not provided for in Sections 15-7-10, 15-7-20, or 15-78-100, the action shall must be tried in the county in which the defendant resides at the time of the commencement of the action where it properly may be brought and tried against the defendant according to the provisions of this section. If there be is more than one defendant, then the action may be tried in any county in which one or more of the defendants to such action resides at the time of the commencement of the action where the action properly may be maintained against one of the defendants pursuant to this section. If none of the parties shall reside in the State the action may be tried in any county which the plaintiff shall designate in his complaint. This section is subject however to the power of the court in the county where the action properly may be maintained according to this section to change the place of trial as provided in Section 15-7-100 or as otherwise in certain cases as provided by law.
(C) A civil action tried pursuant to this section against a resident individual defendant must be brought and tried in the county in which the:
(1) defendant resides at the time the cause of action arose; or
(2) most substantial part of the alleged act or omission giving rise to the cause of action occurred.
(D) A civil action tried pursuant to this section against a nonresident individual defendant must be brought and tried in the county in which the:
(1) most substantial part of the alleged act or omission giving rise to the cause of action occurred; or
(2) plaintiff resides at the time the cause of action arose, or if the plaintiff is a domestic corporation, domestic limited partnership, domestic limited liability company, domestic limited liability
(E) A civil action tried pursuant to this section against a domestic corporation, domestic limited partnership, domestic limited liability company, or domestic limited liability partnership, must be brought and tried in the county in which the:
(1) corporation, limited partnership, limited liability company, or limited liability partnership has its principal place of business at the time the cause of action arose; or
(2) most substantial part of the alleged act or omission giving rise to the cause of action occurred.
(F) A civil action tried pursuant to this section against a foreign corporation required to possess a certificate of authority pursuant to the provisions of Section 33-15-101 et seq., a foreign limited partnership required to possess a certificate of authority pursuant to the provisions of Section 33-15-101 et seq., foreign limited liability company required to possess a certificate of authority pursuant to the provisions of Section 33-15-101 et seq., or foreign limited liability partnership required to possess a certificate of authority pursuant to the provisions of Section 33-15-101 et seq. must be brought and tried in the county in which the:
(1) most substantial part of the alleged act or omission giving rise to the cause of action occurred; or
(2) foreign corporation, foreign limited partnership, foreign limited liability company, or foreign limited liability partnership has its principal place of business at the time the cause of action arose.
(G) A civil action tried pursuant to this section against a foreign corporation not required to possess a certificate of authority pursuant the provisions of Section 33-15-101 et seq., foreign limited partnership not required to possess a certificate of authority pursuant to the provisions of Section 33-15-101 et seq., foreign limited liability company not required to possess a certificate of authority pursuant to the provisions of Section 33-15-101 et seq., or foreign limited liability partnership not required to possess a certificate of authority pursuant to the provisions of Section 33-15-101 et seq. must be brought and tried in the county in which the:
(1) most substantial part of the alleged act or omission giving rise to the cause of action occurred;
(2) plaintiff resides at the time the cause of action arose, or if the plaintiff is a domestic corporation, domestic limited partnership,
(3) foreign corporation, foreign limited partnership, foreign limited liability company, or foreign limited liability partnership has its principal place of business at the time the cause of action arose.
(H) Owning property and transacting business in a county is insufficient in and of itself to establish the principal place of business for a corporation for purposes of this section." /
Renumber sections to conform.
Amend title to conform.
Rep. F. N. SMITH explained the amendment.
Rep. VICK moved that the House do now adjourn.
Rep. YOUNG demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Allen Anderson Branham Breeland Cobb-Hunter Funderburk Hosey Lee Moody-Lawrence Ott Parks J. E. Smith Vick
Those who voted in the negative are:
Anthony Bailey Ballentine Barfield Battle Bingham Brady J. Brown Cato Ceips Chalk Clark Clemmons Clyburn Coates Cooper Cotty Dantzler Davenport Delleney Duncan Frye Govan Hagood
Haley Hamilton Hardwick Herbkersman M. Hines Hinson Hiott Jefferson Kennedy Kirsh Leach Limehouse Littlejohn Loftis Lucas Mahaffey McCraw McGee McLeod Miller J. H. Neal Neilson Norman Owens Pinson E. H. Pitts Rice Sandifer Scarborough Simrill Sinclair Skelton D. C. Smith G. R. Smith J. R. Smith Talley Taylor Thompson Toole Tripp Umphlett Vaughn Viers Walker Weeks White Whitmire Wilkins Witherspoon Young
So, the House refused to adjourn.
Rep. VICK spoke against the amendment.
Rep. VICK continued speaking.
Rep. CATO moved to table the amendment.
Rep. J. E. SMITH demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anthony Bailey Ballentine Barfield Battle Bingham Bowers Brady Cato Ceips Clark Clemmons
Coates Cooper Davenport Delleney Duncan Edge Emory Frye Funderburk Hagood Haley Hamilton Hardwick Harrell Herbkersman Hinson Hiott Huggins Kennedy Kirsh Leach Limehouse Littlejohn Loftis Lucas Mahaffey Martin McCraw McGee McLeod Miller Norman Owens Pinson E. H. Pitts M. A. Pitts Rice Sandifer Scarborough Simrill Sinclair Skelton D. C. Smith F. N. Smith G. R. Smith J. R. Smith Stewart Talley Taylor Thompson Toole Umphlett Vick Viers Walker White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Agnew Allen Anderson Branham Breeland G. Brown Coleman Harvin Hosey Howard Jefferson Moody-Lawrence Rivers J. E. Smith Weeks
So, the amendment was tabled.
Rep. KENNEDY moved to reconsider the vote whereby Amendment 9A was tabled.
Rep. COATES moved to table the motion to reconsider.
Those who voted in the affirmative are:
Anthony Bailey Barfield Battle Bingham Bowers Brady Branham Cato Ceips Clark Clemmons Coates Cooper Cotty Davenport Delleney Edge Funderburk Hagood Haley Hamilton Harrell Harvin Herbkersman Hinson Hiott Huggins Kennedy Kirsh Leach Limehouse Littlejohn Loftis Lucas Mahaffey Martin McCraw McGee McLeod Miller Norman Owens Perry Pinson E. H. Pitts Rice Sandifer Scarborough Simrill Sinclair Skelton D. C. Smith F. N. Smith G. R. Smith J. R. Smith Talley Taylor Thompson Toole Umphlett Vaughn White Whitmire Wilkins Young
Those who voted in the negative are:
Agnew Allen Breeland G. Brown Hosey Jefferson Moody-Lawrence Rivers J. E. Smith Weeks
So, the motion to reconsider was tabled.
Rep. G. M. SMITH proposed the following Amendment No. 11A (Doc Name COUNCIL\MS\7230AHB05), which was tabled:
Amend the bill, as and if amended, by striking SECTION 8 in its entirety and inserting:
/ SECTION 8. Sections 15-36-20, 15-36-30, 15-36-40, 15-36-50, and 58-23-90 and Chapter 38, Title 15 of the 1976 Code are repealed. /
Renumber sections to conform.
Amend title to conform.
Rep. J. E. SMITH explained the amendment.
Rep. RIVERS spoke against the amendment.
Rep. YOUNG moved to table the amendment.
Rep. J. E. SMITH demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Anderson Anthony Bailey Bales Barfield Battle Bingham Bowers Brady Branham Cato Ceips Clark Clemmons Coates Cooper Dantzler Davenport Delleney Duncan Edge Frye Funderburk Govan Hagood Haley Hamilton Hardwick Harrell Harvin Hayes Hinson Hiott Huggins Kennedy Leach Limehouse Littlejohn Loftis Lucas Mahaffey Martin McCraw McGee McLeod Miller Norman Owens Perry Pinson E. H. Pitts Rice Sandifer Scarborough Simrill Sinclair
Skelton F. N. Smith G. M. Smith G. R. Smith J. R. Smith Stewart Talley Taylor Thompson Toole Tripp Umphlett Vaughn Vick Walker White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Allen Breeland Coleman Hosey Jefferson Moody-Lawrence Rivers J. E. Smith Weeks
So, the amendment was tabled.
Rep. JENNINGS proposed the following Amendment No. 13A (Doc Name COUNCIL\NBD\11490AC05), which was tabled:
Amend the bill, as and if amended, Section 15-32-20 page 3, line 24 after /joint/ by inserting /, except as provided for in Section 15-32-45/.
Amend the bill further, page 4, immediately after line 21 by inserting:
/Section 15-32-45. In an action for personal injury, property damage, or wrongful death, the liability of each defendant for damages is joint and several if the defendant had a duty not to injure the plaintiff and breached that duty. A person held jointly liable pursuant to the provisions of this section has a right of contribution from the other defendants./
Renumber sections to conform.
Amend title to conform.
Rep. J. E. SMITH explained the amendment.
Rep. KENNEDY spoke against the amendment.
Rep. YOUNG moved to table the amendment.
Those who voted in the affirmative are:
Bailey Bales Ballentine Barfield Battle Bingham Bowers Brady Cato Ceips Chalk Clark Clemmons Coates Cooper Davenport Delleney Duncan Edge Frye Funderburk Haley Hamilton Hardwick Harrell Hayes Herbkersman Hinson Hiott Huggins Kennedy Kirsh Leach Limehouse Littlejohn Loftis Lucas Mahaffey McCraw McGee Merrill Miller Norman Owens Perry Pinson E. H. Pitts Rice Sandifer Scarborough 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 White Whitmire Witherspoon Young
Those who voted in the negative are:
Agnew Allen Breeland G. Brown Coleman Harvin Hosey Jefferson Moody-Lawrence Rivers J. E. Smith Weeks
So, the amendment was tabled.
Reps. McLEOD and JENNINGS proposed the following Amendment No. 14A (Doc Name COUNCIL\NBD\11488AC05), which was tabled:
Amend the bill, as and if amended, Section 15-32-20 page 3, line 24 after /joint/ by inserting /, except as provided for in Section 15-32-45/.
Amend the bill further, page 4, immediately after line 21 by inserting:
/ Section 15-32-45. In an action for personal injury, property damage, or wrongful death due to an intentional tort or toxic tort, the liability of each defendant for damages is joint and several. A person held jointly liable pursuant to the provisions of this section has a right of contribution from the other defendants./
Renumber sections to conform.
Amend title to conform.
Rep. MCLEOD explained the amendment.
Rep. WEEKS spoke against the amendment.
Rep. YOUNG moved to table the amendment.
Rep. WEEKS demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Anderson Anthony Bailey Bales Ballentine Barfield Battle Bingham Bowers Brady Branham G. Brown Cato Ceips Chalk Clark Clemmons Dantzler Davenport Delleney Duncan Edge Frye Hagood Haley Hamilton Hardwick Harrell Hayes J. Hines M. Hines Hinson Hiott Howard Huggins Kennedy Kirsh Leach
Limehouse Loftis Lucas Mahaffey Martin McCraw McGee Norman Ott Owens Perry Pinson E. H. Pitts M. A. Pitts Rice Sandifer Scarborough Simrill Sinclair Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Stewart Talley Taylor Thompson Toole Umphlett Vaughn Vick Viers Walker Weeks White Whitmire Witherspoon Young
Those who voted in the negative are:
Allen Breeland J. Brown Coleman Funderburk Govan Harvin Jefferson McLeod Miller Parks Rivers Scott J. E. Smith
So, the amendment was tabled.
Rep. JENNINGS proposed the following Amendment No. 15A (Doc Name COUNCIL\NBD\11487AC05), which was tabled:
Amend the bill, as and if amended, by deleting Section 15-36-10(B)(3)(c) as contained in SECTION 6 of the bill and inserting:
/(c) a directive of a nonmonetary nature designed to deter the person from bringing a future frivolous action or defense or an action or defense in bad faith./
Renumber sections to conform.
Amend title to conform.
Rep. J. E. SMITH explained the amendment.
Rep. WEEKS spoke against the amendment.
Rep. WEEKS demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Altman Anthony Bailey Bales Ballentine Barfield Battle Bingham Bowers Brady G. Brown Cato Ceips Chalk Clark Clemmons Cooper Delleney Duncan Edge Emory Frye Funderburk Govan Hagood Haley Hamilton Hardwick Harrell Harrison Hayes J. Hines M. Hines Hinson Hiott Huggins Kennedy Kirsh Leach Limehouse Littlejohn Loftis Lucas Mahaffey McCraw McGee Norman Owens Perry Pinson E. H. Pitts Rice Sandifer Scarborough Simrill Skelton G. M. Smith G. R. Smith J. R. Smith W. D. Smith Stewart Talley Taylor Townsend Umphlett Vaughn Vick Viers Weeks White Whitmire Witherspoon Young
Those who voted in the negative are:
Breeland J. Brown Harvin Hosey Jefferson McLeod Rivers Scott J. E. Smith
Reps. ALTMAN and JENNINGS proposed the following Amendment No. 16A (Doc Name COUNCIL\NBD\11491AC05), which was tabled:
Amend the bill, as and if amended, SECTION 3, page 4, immediately after line 24 by inserting:
/ Section 15-32-55. When charging a jury on several liability the court shall also disclose to the jury the applicable insurance coverage limits for all defendants in the action./
Renumber sections to conform.
Amend title to conform.
Rep. RIVERS explained the amendment.
Rep. WEEKS spoke against the amendment.
Rep. YOUNG moved to table the amendment.
Rep. J. E. SMITH demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Anderson Anthony Bailey Ballentine Barfield Battle Bingham Bowers Brady Branham G. Brown Cato Ceips Chalk Clemmons Coleman Cooper Cotty Dantzler Davenport Delleney Duncan Edge Frye Funderburk Govan Hagood Haley Hamilton Hardwick Harrell Hayes J. Hines M. Hines Hinson Hiott Huggins Kennedy Kirsh Leach Lee Limehouse Littlejohn Loftis Lucas Mahaffey McCraw McGee Merrill Miller
J. H. Neal J. M. Neal Norman Owens Perry E. H. Pitts M. A. Pitts Rice Sandifer Scarborough Simrill Sinclair Skelton D. C. Smith F. N. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Stewart Talley Taylor Thompson Toole Tripp Umphlett Vaughn Vick Viers Walker Weeks White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Allen Bales Breeland J. Brown Emory Harvin Hosey Jefferson Jennings McLeod Moody-Lawrence Neilson Rivers Scott J. E. Smith
So, the amendment was tabled.
Rep. JENNINGS proposed the following Amendment No. 17A (Doc Name COUNCIL\MS\7282AHB05), which was tabled:
Amend the bill, as and if amended, by striking in its entirety Section 15-32-40, as contained in SECTION 3, and inserting:
/ Section 15-32-40. (A) Joint and several liability must be imposed on the following:
(1) a defendant whose fault is greater than forty percent;
(2) those defendants who consciously and deliberately pursue a common plan or design to commit a tortious act, or actively take part in it;
(3) a defendant who commits an intentional tort;
(4) a defendant who by reason of agency, employment, or other legal relationship is vicariously responsible for the conduct of another party; or
(5) a defendant whose liability arises pursuant to another provision of law that otherwise provides for joint and several liability.
(B) A defendant held jointly and severally liable pursuant to the provisions of this section has a right of contribution from other defendants held jointly and severally liable pursuant to this section to the extent provided for by Chapter 38, Title 15.
(C) A defendant held jointly and severally liable pursuant to subsection (A)(2) must be held jointly and severally liable only for the total portion of fault assessed to those defendants with whom he acted in concert.
(D) A defendant held jointly and severally liable pursuant to subsection (A)(4) must be held jointly and severally liable only for the total portion of fault assigned to the other party. For purposes of determining a share of fault a defendant who by reason of agency, employment, or other legal relationship is vicariously responsible for the conduct of another party and the other party shall be treated as a single party.
(E) In an action subject to this chapter, a party seeking to establish that two or more defendants in an action should be treated as a single party for purposes of assigning a portion of fault based on common law principles of piercing the corporate veil affirmatively shall plead and the court shall determine, based on common law principles of piercing the corporate veil, whether these defendants should be treated as a single party so that the conduct of one defendant is attributed to the others or the individual shares of fault are aggregated for the purpose of applying joint and several liability as provided in subsection (A).
(F) In a jury trial in any action in which the comparative fault of the parties or non-parties is an issue for determination by the jury, the trial court shall not instruct the jury on the effect of its finding as to the degree or percentage of negligence or fault of a party or non-party. /
Renumber sections to conform.
Amend title to conform.
Rep. RIVERS explained the amendment.
Rep. WEEKS spoke against the amendment.
Rep. YOUNG moved to table the amendment.
Those who voted in the affirmative are:
Agnew Anderson Anthony Bailey Bales Ballentine Barfield Battle Bingham Bowers Brady G. Brown Cato Ceips Chalk Clark Clemmons Coates Cooper Cotty Dantzler Davenport Delleney Duncan Edge Frye Funderburk Hagood Haley Hamilton Hardwick Harrell Harvin Hayes J. Hines M. Hines Hinson Hiott Huggins Kennedy Kirsh Leach Lee Limehouse Littlejohn Lucas Mahaffey McCraw McGee J. M. Neal Neilson Norman Owens Perry E. H. Pitts M. A. Pitts Rice Sandifer Scarborough Simrill Sinclair Skelton D. C. Smith F. N. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Stewart Talley Taylor Thompson Townsend Umphlett Vick Viers Walker Weeks White Whitmire Wilkins Witherspoon Young
Allen Breeland Hosey Jefferson McLeod Moody-Lawrence Rivers Scott
So, the amendment was tabled.
Rep. JENNINGS proposed the following Amendment No. 18A (Doc Name COUNCIL\NBD\11489AC05), which was tabled:
Amend the bill, as and if amended, Section 15-32-20 page 3, line 24 after /joint/ by inserting /, except as provided for in Section 15-32-45/.
Amend the bill further, page 4, immediately after line 21 by inserting:
/Section 15-32-45. In an action for personal injury, property damage, or wrongful death, the liability of each defendant for damages is joint and several if the use of alcohol or drugs by a defendant contributed to the injury. A person held jointly liable pursuant to the provisions of this section has a right of contribution from the other defendants./
Renumber sections to conform.
Amend title to conform.
Rep. RIVERS explained the amendment.
Rep. COBB-HUNTER spoke against the amendment.
The SPEAKER granted Rep. EMORY a leave of absence for the remainder of the day.
Rep. COBB-HUNTER continued speaking.
Rep. YOUNG moved to table the amendment.
Rep. J. H. NEAL demanded the yeas and nays which were taken, resulting as follows:
Agnew Anthony Bailey Bales Ballentine Barfield Battle Bowers Brady Branham Cato Ceips Chalk Clark Clemmons Coates Cooper Cotty Dantzler Davenport Delleney Duncan Edge Frye Funderburk Hagood Haley Hamilton Hardwick Harrell Hayes Hinson Hiott Huggins Kirsh Leach Limehouse Loftis Lucas Mahaffey McCraw McGee McLeod Neilson Norman Owens Perry M. A. Pitts Rice Sandifer Scarborough Simrill Sinclair Skelton D. C. Smith F. N. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Stewart Talley Taylor Thompson Toole Townsend Umphlett Vaughn Viers White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Allen Breeland G. Brown Harvin J. Hines M. Hines Hosey Jefferson Mack J. H. Neal Rivers Weeks
So, the amendment was tabled.
Rep. CATO moved to adjourn debate on the Senate Amendments, which was agreed to.
Rep. CATO moved that the House recur to the Morning Hour, which was agreed to.
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 3722 (Word version) -- Reps. Littlejohn and W. D. Smith: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF CANNONS CAMPGROUND ROAD IN SPARTANBURG COUNTY FROM ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 110 TO DRAYTON AVENUE "LANCE CORPORAL TRAVIS FOX MEMORIAL HIGHWAY", AND TO ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "LANCE CORPORAL TRAVIS FOX MEMORIAL HIGHWAY".
Ordered for consideration tomorrow.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3777 (Word version) -- Reps. Ceips, Loftis, Breeland, Scott, Whipper, Bowers, Hosey, Vaughn, Anthony, Battle, Chalk, Clyburn, Dantzler, Hardwick, Harvin, Herbkersman, J. Hines, Howard, Jefferson, Kirsh, Lee, Martin, McCraw, Miller, Moody-Lawrence, J. H. Neal, Perry, M. A. Pitts, Rivers, Scarborough, Simrill, Toole and Umphlett: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-605 SO AS TO DEFINE THE TERMS "GEOCACHE", "GEOCACHING", AND "LETTERBOXING", TO PROVIDE THAT IT IS UNLAWFUL TO ENGAGE IN GEOCACHING OR LETTERBOXING IN CEMETERIES, ARCHEOLOGICAL SITES, OR ON THE HISTORIC PROPERTIES OF THE STATE, AND TO PROVIDE A PENALTY.
Referred to Committee on Judiciary
H. 3778 (Word version) -- Reps. Harrison, Wilkins, Cato, W. D. Smith, Merrill, Jennings, J. E. Smith and Chellis: A BILL TO AMEND THE CODE
H. 3779 (Word version) -- Rep. Herbkersman: A BILL TO AMEND SECTIONS 6-33-30 AND 31-6-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE TAX INCREMENT FINANCING ACT FOR COUNTIES AND THE TAX INCREMENT FINANCING LAW, SO AS TO REVISE THE DEFINITIONS OF "BLIGHTED AREA" AND "CONSERVATION AREA" TO INCLUDE THE PRESENCE OF OR POTENTIAL ENVIRONMENTAL HAZARD, LACK OF STORM DRAINAGE, AND INADEQUATE TRANSPORTATION INFRASTRUCTURE AND TO PROVIDE THAT A CONSERVATION AREA MAY INCLUDE VACANT LAND, AND TO REPEAL CHAPTER 7 OF TITLE 31, RELATING TO AN UNNECESSARY DUPLICATIVE ENACTMENT OF THE TAX INCREMENT FINANCING ACT FOR COUNTIES.
Referred to Committee on Ways and Means
H. 3780 (Word version) -- Reps. Rice, Owens, Hardwick, Hiott and Ott: A BILL TO AMEND SECTION 48-1-87, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AQUATIC LIFE PROTECTION ACT, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MAY IMPOSE NPDES PERMIT LIMITATIONS FOR TOXICITY IF A DISCHARGE HAS THE REASONABLE POTENTIAL TO CAUSE OR CONTRIBUTE TO A VIOLATION OF WATER QUALITY STANDARDS, AND TO AMEND ACT 258 OF 2004, ALSO RELATING TO THE AQUATIC LIFE PROTECTION ACT, SO AS TO PROVIDE THE CIRCUMSTANCES WHEN THE PROVISIONS OF THIS ACT DO NOT APPLY, AS STAYED, OR MAY BE ADMINISTRATIVELY MODIFIED.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
Rep. ANTHONY moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 3269 (Word version) -- Reps. Ceips, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, 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 PROCLAIM JULY 2005 "BEAUFORT WATER FESTIVAL MONTH" IN SOUTH CAROLINA IN RECOGNITION OF THE BEAUFORT WATER FESTIVAL'S HISTORIC FIFTIETH ANNIVERSARY.
H. 3743 (Word version) -- Reps. Govan, 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, 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,
H. 3744 (Word version) -- Reps. Govan, Hosey, 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, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, 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 CONGRATULATING THE SOUTH CAROLINA STATE UNIVERSITY "BULLDOGS" 2004 FOOTBALL TEAM OF ORANGEBURG COUNTY FOR ITS SUCCESSFUL SEASON, CULMINATING IN RANKINGS IN THE TOP 25 DIVISION I-AA TEAMS BY THE SPORTS NETWORK AND USA TODAY/ESPN, AND HONORING THE PLAYERS AND HEAD COACH BUDDY POUGH.
H. 3745 (Word version) -- Rep. Ballentine: A CONCURRENT RESOLUTION TO CONGRATULATE AND EXTEND BEST WISHES TO THE MEMBERS OF THE RIVERLAND HILLS BAPTIST CHURCH UPON THE OCCASION OF THE COMPLETION OF THEIR NEW WORSHIP, EDUCATIONAL, AND ADMINISTRATIVE
H. 3751 (Word version) -- Rep. Vick: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE THE CHESTERFIELD HIGH SCHOOL "RAMS" WRESTLING TEAM, HEAD COACH LANCE ABERNATHY, AND HIS STAFF FOR THEIR OUTSTANDING 2004-2005 SEASON AND SECOND CONSECUTIVE CLASS AA/A STATE CHAMPIONSHIP.
H. 3752 (Word version) -- Rep. Littlejohn: A CONCURRENT RESOLUTION TO CONGRATULATE THE BROOME HIGH SCHOOL "CENTURIONS" OF SPARTANBURG COUNTY ON THEIR 2004-2005 STATE AA BASKETBALL CHAMPIONSHIP, AND TO HONOR THE PLAYERS AND COACH HAL MCMANUS AND HIS FINE STAFF ON THEIR IMPRESSIVE SEASON.
H. 3769 (Word version) -- Reps. Bingham, Ballentine, Clark, Frye, Haley, Huggins, McLeod, Ott, E. H. Pitts and Toole: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF LOWELL C. "BUTCH" SPIRES, JR., OF LEXINGTON COUNTY UPON HIS DEATH AND TO EXPRESS THE GRATITUDE OF THE CITIZENS OF LEXINGTON COUNTY, THE MIDLANDS REGION, AND THE STATE OF SOUTH CAROLINA FOR HIS MANY CONTRIBUTIONS TO HIS COMMUNITY, COUNTY, AND STATE.
At 6:20 p.m. the House, in accordance with the motion of Rep. HASKINS, adjourned in memory of Dr. Elizabeth Edwards of Greenville, professor at Bob Jones University, to meet at 10:00 a.m. tomorrow.
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