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114th Session, 2001-2002 Journal of the House of Representatives
(Statewide Session)
The House assembled at 12:00 noon. God of our Fathers, Your almighty hands hold us and Your divine love has led us in the past. Be our ruler, guardian, guide and stay. Grant health and favor to all who bear office in our land, especially to the President of the United States, the Governor of this State, and all those who serve in this assembly. Guide their minds and hearts to enact wise laws and administer them justly so that the welfare of our people may be assured and peace maintained at home and among the nations of the world. God of holiness, Yours is the power and the glory, forever. Amen. Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER. After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.
Rep. PERRY moved that when the House adjourns, it adjourn in memory of William Seymore of Aiken, 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. University of South Carolina 12th Circuit Dr. C. Edward Floyd* Francis Marion University 3rd District, Seat 5 Carolyn B. Shortt* Coastal Carolina University At-large, Seat 13 Susan S. Chapman
Eugene C. Spivey
Respectfully submitted,
BOARDS OF TRUSTEES OF STATE COLLEGES AND UNIVERSITIES ******** Thursday, March 21, 2002 9:38 a.m. - 10:03 a.m. The following screening of candidates took place at the Solomon Blatt Building, Pendleton Street, Columbia, South Carolina, on the 21st day of March, 2002, before Sonya S. Keesee, Court Reporter and Notary Public in and for the State of South Carolina.
Representative Olin Phillips
CHAIRMAN PHILLIPS: If you will, I'm going to take Dr. Floyd from the University of South Carolina. If you would step around, Dr. Floyd.
(All Respond Aye)
(All Respond Aye)
(All Respond Aye)
(All Respond Aye) Received as information.
Rep. HARRISON moved that when the House adjourns it adjourn to meet next in Local Session on Thursday, March 28, and in Statewide Session at 12:00 noon on Tuesday, April 2, which was agreed to.
The following was received from the Senate:
Columbia, S.C., March 20, 2002 H. 3307 (Word version) -- Reps. Scott, Knotts, Jennings, Carnell, Govan, Whatley, Dantzler, Lee, Miller, Snow, Breeland, Hosey, Rutherford, J. E. Smith, Rivers, Weeks and Rhoad: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 57 TO TITLE 33 SO AS TO ENACT THE "SOUTH CAROLINA EDUCATION LOTTERY ACT"; TO PROVIDE FOR A STATE LOTTERY AND TO CREATE THE SOUTH CAROLINA EDUCATION LOTTERY CORPORATION TO CONDUCT THE STATE LOTTERY; TO PROVIDE FOR THE CORPORATION'S BOARD MEMBERSHIP, DUTIES, AND POWERS; TO PROVIDE FOR THE CREATION OF A LOTTERY RETAILERS ADVISORY COMMITTEE; TO PROVIDE FOR THE METHOD OF CONTRACTING WITH VENDORS AND RETAILERS; TO PROVIDE FOR THE SALE OF LOTTERY GAME TICKETS AND THE DISTRIBUTION OF PRIZES; TO PROVIDE FOR ALLOCATION OF LOTTERY PROCEEDS WHICH MUST BE USED FOR EDUCATIONAL PURPOSES AND PROGRAMS; TO PROVIDE CRIMINAL PENALTIES FOR SELLING A LOTTERY TICKET TO A MINOR, PURCHASING A LOTTERY TICKET AS A MINOR, AND DEFRAUDING OR OTHERWISE TAMPERING WITH THE LOTTERY OR MAKING MATERIAL REPRESENTATIONS IN AN APPLICATION OR REPORT IN CONNECTION WITH THE LOTTERY; TO CREATE A SOUTH CAROLINA EDUCATION LOTTERY OVERSIGHT COMMITTEE; TO PROVIDE FOR SET-OFF DEBT COLLECTION FROM PRIZE WINNINGS; TO ESTABLISH THE SOUTH CAROLINA EDUCATION LOTTERY ACCOUNT INTO WHICH THE NET REVENUE RECEIVED FROM THE STATE EDUCATION LOTTERY MUST BE DEPOSITED AND TO PROVIDE APPROPRIATIONS FROM THE EDUCATION LOTTERY ACCOUNT BEGINNING IN FISCAL YEAR 2001-02 FOR SPECIFIED PURPOSES; AND TO AMEND SECTION 1-3-240, AS AMENDED, RELATING TO THE ENTITIES FROM WHICH AN APPOINTEE BY THE GOVERNOR MAY BE REMOVED IN CERTAIN CONDITIONS, SO AS TO ADD THE SOUTH CAROLINA EDUCATION LOTTERY CORPORATION TO THAT LIST OF ENTITIES.
Very respectfully, On motion of Rep. HARRELL, the House insisted upon its amendments. Whereupon, the Chair appointed Reps. HARRELL, KELLEY and SCOTT to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
On motion of Rep. FLEMING, with unanimous consent, the following were taken up for immediate consideration and accepted:
March 26, 2002
503-A Blatt Building Dear Rep. Fleming:
On behalf of National Guard Association of South Carolina the Members of the House of Representatives and staff are invited to a luncheon. This event will be held on the State House Grounds on April 2, 2002, beginning upon adjournment until 2:30 p.m.
March 26, 2002 Dear Rep. Fleming:
On behalf of the South Carolina Association of Tourism Regions the Members of the House of Representatives and staff are invited to a reception. This event will be held at the Clarion Town House on April 2, 2002, from 6:00 p.m. until 8:00 p.m.
March 26, 2002 Dear Rep. Fleming:
On behalf of Prevent Child Abuse South Carolina the Members of the House of Representatives and staff are invited to a breakfast. This event will be held in Room 221 of the Blatt Building on April 3, 2002, from 8:00 a.m. to 10:00 a.m.
March 26, 2002 Dear Rep. Fleming:
On behalf of South Carolina Vocational Rehabilitation Association the Members of the House of Representatives are invited to a reception. This event will be held at the Sheraton on April 3, 2002, from 5:30 p.m. to 7:00 p.m.
March 9, 2001 Dear Rep. Fleming:
On behalf of the Young Bankers Division of the South Carolina Bankers Association the Members of the House of Representatives are invited to an oyster roast. This event will be held at the University House, 911 South Stadium Road on April 9, 2002, from 6:00 p.m. to 8:00 p.m.
March 26, 2002 Dear Rep. Fleming:
On behalf of the Palmetto Conservation Foundation the Members of the House of Representatives are invited to a breakfast. This event will be held at the Summit Club on April 10, 2002, beginning at 8:00 a.m.
March 26, 2002 Dear Rep. Fleming:
On behalf of Maritime Association of the Port of Charleston the Members of the House of Representatives and staff are invited to a luncheon. This event will be held on State House Grounds on April 10, 2002, upon adjournment.
March 26, 2002 Dear Rep. Fleming:
On behalf of Clemson University Public Service Activities the Members of the House of Representatives and staff are invited to a reception. This event will be held at the Atrium of the South Carolina State Museum on April 10, 2002, from 6:00 p.m. to 8:30 p.m.
March 26, 2002 Dear Rep. Fleming:
On behalf of The Citadel Alumni Association the Members of the House of Representatives, their spouses and attaches are invited to a barbeque. This event will be held at the Cantey Building at the State Fairgrounds on April 16, 2002, from 6:30 p.m. to 10:00 p.m.
February 26, 2002
Dear Rep. Fleming:
March 26, 2002 Dear Rep. Fleming:
On behalf of South Carolina Aviation Association the Members of the House of Representatives are invited to a luncheon. This event will be held at Capitol City Club on April 17, 2002, from noon until 1:30 p.m.
March 26, 2002 Dear Rep. Fleming:
On behalf of South Carolina Association of Municipal Power Systems the Members of the House of Representatives are invited to a reception. This event will be held at Seawell's on April 17, 2002, from 6:00 p.m. until 8:00 p.m.
March 26, 2002 Dear Rep. Fleming:
On behalf of South Carolina State Fireman's Association and the Division of Fire and Life Safety of the Department of Labor, Licensing and Regulation the Members of the House of Representatives and staff are invited to a luncheon. This event will be held on State House Grounds on April 23, 2002, upon adjournment.
March 26, 2002 Dear Rep. Fleming:
On behalf of the South Carolina Beer Association the Members of the House of Representatives are invited to a reception. This event will be held in our offices and beer garden at 1114 College Street on April 23, 2002, from 6:00 p.m. until 8:00 p.m.
March 26, 2002 Dear Rep. Fleming:
On behalf of The Blue Marlin and Willy's the Members of the House of Representatives are invited to a reception. This event will be held at 1200 Lincoln Street in the Vista on April 24, 2002, from 6:00 p.m. until 8:00 p.m.
March 26, 2002 Dear Rep. Fleming:
On behalf of the Society of the Plastics Industry, Inc. the Members of the House of Representatives are invited to a reception. This event will be held at Capitol City Club on April 30, 2002, from 5:30 p.m. until 7:30 p.m.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report with amendments on:
H. 3592 (Word version) -- Reps. Rodgers, Bowers, Gilham, Hosey, Rivers and R. Brown: A BILL TO AMEND SECTION 57-1-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELECTION OF A PERSON TO THE COMMISSION OF THE DEPARTMENT OF TRANSPORTATION FROM A COUNTY THAT IS DIVIDED AMONG TWO OR MORE DEPARTMENT OF TRANSPORTATION DISTRICTS, AND TO TERM LIMITATIONS IMPOSED UPON DEPARTMENT OF TRANSPORTATION COMMISSION MEMBERS, SO AS TO ALLOW A COMMISSIONER TO SERVE TWO CONSECUTIVE TERMS AND TO PROVIDE THAT A RESIDENT COMMISSION MEMBER WHO COMPLETES A SECOND CONSECUTIVE TERM MUST BE REPLACED BY A PERSON WHO RESIDES IN ANOTHER COUNTY WITHIN THE DISTRICT. Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report with amendments on:
H. 4469 (Word version) -- Reps. Klauber and Taylor: A JOINT RESOLUTION TO PROVIDE THAT LOCAL SCHOOL BOARDS FOR SCHOOL YEAR 2001-2002 MAY EXCUSE UP TO THREE SCHOOL DAYS MISSED BECAUSE OF SNOW, ICE, OR INCLEMENT WEATHER, TO PROVIDE THAT ALL OTHER SCHOOL DAYS MISSED BECAUSE OF INCLEMENT WEATHER MUST BE MADE UP, AND TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH SUCH DAYS SHALL BE MADE UP.
The following was taken up for immediate consideration: H. 4961 (Word version) -- Reps. Wilkins, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Witherspoon, A. Young and J. Young: A HOUSE RESOLUTION TO COMMEND MICHELIN NORTH AMERICA FOR ITS WONDERFUL PARTNERSHIP ACTIVITIES WITH LOCAL COMMUNITY ORGANIZATIONS AND VOLUNTEERS WHO SERVE THE COMMUNITIES WHERE THE COMPANY HAS OPERATING LOCATIONS, INCLUDING GREENVILLE, AND TO DECLARE THURSDAY, MARCH 28, 2002, AS "MICHELIN COMMUNITY PARTNERS DAY" IN GREENVILLE. Whereas, Michelin North America for many years has entered into partnerships with organizations who serve the communities where the company has operating locations; and Whereas, one such partnership is in Greenville where these community partners have made forward strides in bettering the lives of Greenville's citizens through their vital work and tremendous effort; and
Whereas, Michelin North America has endeavored to recognize each of its community partners and to likewise celebrate the spirit of volunteers; and Whereas, the members of the House of Representatives, by this resolution, desire to publicly recognize Michelin North America for its outstanding efforts in establishing these community partnerships. Now, therefore, Be it resolved by the House of Representatives: That the House of Representatives hereby commends Michelin North America for its wonderful partnership activities with local community organizations and volunteers who serve the communities where the company has operating locations, including Greenville, and declares Thursday, March 28, 2002, as "Michelin Community Partners Day" In Greenville. Be it further resolved that a copy of this resolution be forwarded to Michelin North America. The Resolution was adopted.
The following was introduced:
H. 4962 (Word version) -- Reps. Webb, Rice and Trotter: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE TWO-MILE PORTION OF STATE HIGHWAY 93 IN CLEMSON THAT RUNS FROM U.S. HIGHWAY 76 TO THE OCONEE COUNTY LINE (LAKE HARTWELL) IN PICKENS COUNTY THE "WALTER T. COX BOULEVARD" IN HONOR OF CLEMSON UNIVERSITY ICON, WALTER THOMPSON COX, WHO HAS SERVED AS COACH, DEAN, AND PRESIDENT OF CLEMSON FOR MORE THAN SIXTY-FIVE YEARS AND TO INSTALL APPROPRIATE MARKERS OR SIGNS ON THE HIGHWAY CONTAINING THE WORDS THE "WALTER T. COX BOULEVARD".
The following was introduced: H. 4963 (Word version) -- Rep. Cobb-Hunter: A CONCURRENT RESOLUTION TO EXPRESS THE SENSE OF THE GENERAL ASSEMBLY FOR THE NEED TO ELIMINATE THE HEALTH DISPARITIES AMONG THE CITIZENS OF SOUTH CAROLINA AND FOR THE STATE OF SOUTH CAROLINA TO SUPPORT STUDIES, POLICIES, AND PRACTICES DEDICATED TO THE ELIMINATION OF THESE HEALTH DISPARITIES AND TO THE REDUCTION OF BARRIERS TO ADEQUATE HEALTH CARE. The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following: S. 1152 (Word version) -- Senators Land and Leventis: A CONCURRENT RESOLUTION TO EXPRESS SYMPATHY TO ALL THE FAMILY AND FRIENDS OF MR. CLIFTON C. GOODWIN, JR., OF SUMTER COUNTY, UPON LEARNING OF HIS PASSING AND TO PAUSE TO RECOGNIZE HIS SELFLESS ACTS OF SERVICE TO HIS NATION, STATE, AND COMMUNITY. The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
On motion of Rep. MILLER, with unanimous consent, the following was taken up for immediate consideration: H. 4964 (Word version) -- Rep. Miller: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE GEORGETOWN MIDDLE SCHOOL CHEERLEADING SQUAD AND COACH CAROLYN CASSELMAN ON A DATE AS DETERMINED BY THE SPEAKER FOR THE PURPOSE OF BEING RECOGNIZED AND HONORED ON WINNING THE NATIONAL CHEERLEADING CHAMPIONSHIP. Be it resolved by the House of Representatives: That the House of Representatives of the State of South Carolina, by this resolution, extends the privilege of the floor of the House of Representatives to the Georgetown Middle School Cheerleading Squad and Coach Carolyn Casselman at a time and on a date as determined by the Speaker for the purpose of being recognized and honored on winning the National Cheerleading Championship. The Resolution was adopted.
The following was introduced: H. 4965 (Word version) -- Rep. Miller: A CONCURRENT RESOLUTION CONGRATULATING THE GEORGETOWN MIDDLE SCHOOL CHEERLEADING SQUAD ON WINNING THE ECA NATIONAL CHEERLEADING CHAMPIONSHIP IN WILLIAMSBURG, VIRGINIA. The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4966 (Word version) -- Reps. R. Brown, Whipper, Clyburn, Knotts, Hosey, Allen, Breeland, Emory, Hamilton, Haskins, Hayes, J. Hines, Lee, Lloyd, Mack, J. M. Neal, Rodgers, F. N. Smith and Whatley: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 2, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THAT BEGINNING IN 2004, MEMBERS OF THE HOUSE OF REPRESENTATIVES MUST BE CHOSEN EVERY FOURTH INSTEAD OF EVERY SECOND YEAR; TO AMEND SECTION 8, ARTICLE III, RELATING TO ELECTION OF THE HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THAT MEMBERS OF THE HOUSE BE ELECTED EVERY FOURTH INSTEAD OF EVERY SECOND YEAR.
H. 4967 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO STUDENT LOAN CORPORATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2625, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4968 (Word version) -- Rep. Sharpe: A BILL TO AMEND SECTION 47-9-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXPIRATION AND RENEWAL OF BRANDS, SO AS TO PROVIDE THAT A REGISTERED BRAND IS THE PROPERTY OF THE PERSON ADOPTING AND REGISTERING THE BRAND, HIS HEIRS AND ASSIGNS, UNTIL AND UNLESS THE BRAND IS CANCELLED OR REVOKED AS PROVIDED IN THIS ARTICLE; TO AMEND SECTION 47-9-340, RELATING TO CANCELLATION OF REGISTRATION, SO AS TO DELETE AN OBSOLETE PROVISION; AND TO REPEAL SECTIONS 47-9-310 AND 47-9-320 OF THE 1976 CODE.
H. 4969 (Word version) -- Reps. Simrill and McGee: A BILL TO AMEND SECTION 9-11-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPTIONAL FORMS OF RETIREMENT ALLOWANCES UNDER THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO ALLOW A MEMBER UNDER PARTICULAR OPTIONS TO RECEIVE A FULL RETIREMENT ALLOWANCE RATHER THAN A REDUCED ALLOWANCE UNDER CERTAIN CONDITIONS.
H. 4970 (Word version) -- Reps. Wilkins, Carnell, A. Young, Govan, Rice and Barrett: A BILL TO AMEND SECTION 2-3-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFICERS ELECTED BY THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY, SO AS TO DELETE A REFERENCE TO ASSISTANT SERGEANT AT ARMS; TO AMEND SECTION 2-3-100, RELATING TO THE AUTHORITY OF THE SERGEANT AT ARMS OF THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY OVER CERTAIN PROPERTY ON THE STATE HOUSE GROUNDS, SO AS TO INCLUDE ANY OFFICE BUILDING OCCUPIED BY THE RESPECTIVE BODIES; TO AMEND SECTION 10-1-10, RELATING TO THE AUTHORITY OF THE STATE BUDGET AND CONTROL BOARD TO PROVIDE FOR THE SAFETY AND SECURITY OF THE STATE HOUSE GROUNDS, SO AS TO CLARIFY THE BOARD'S AUTHORITY; TO AMEND SECTION 10-1-30, AS AMENDED, RELATING TO THE AUTHORITY OF THE DIRECTOR OF THE DIVISION OF GENERAL SERVICES TO AUTHORIZE THE USE OF THE STATE HOUSE, SO AS TO INCLUDE THE AUDITORIUM AND MAKE CERTAIN TECHNICAL CHANGES; TO AMEND SECTION 10-1-40, RELATING TO THE COMPOSITION AND AUTHORITY OF THE STATE HOUSE COMMITTEE, SO AS TO CLARIFY THE COMMITTEE'S AUTHORITY; TO AMEND SECTION 10-11-310, RELATING TO THE DEFINITION OF CAPITOL GROUNDS, SO AS TO CHANGE THE DEFINITION TO CAPITOL COMPLEX OR STATE HOUSE GROUNDS AND TO DELETE A REFERENCE TO SENATE STREET AND ADD A REFERENCE TO PENDLETON STREET; AND TO AMEND SECTION 60-12-90, RELATING TO THE AUTHORITY OF THE STATE HOUSE COMMITTEE TO APPROVE ALTERATIONS OR RENOVATIONS TO THE STATE HOUSE, SO AS TO DELETE A REFERENCE TO CAPITOL COMPLEX.
H. 4971 (Word version) -- Reps. R. Brown, G. Brown, Moody-Lawrence, Whipper, Hosey, Allen, Breeland, Emory, Hamilton, J. Hines, Lee, Lloyd, Mack, J. M. Neal, Rodgers, F. N. Smith and Trotter: A BILL TO AMEND SECTION 2-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELECTION DATE FOR MEMBERS OF THE HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THE ELECTION DATE IS THE TUESDAY AFTER THE FIRST MONDAY IN NOVEMBER OF EVERY OTHER EVEN-NUMBERED YEAR; TO AMEND SECTION 2-1-40, RELATING TO THE TERM OF OFFICE FOR THE HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THE TERM IS FOUR YEARS.
H. 4972 (Word version) -- Rep. Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-7-15 SO AS TO ALLOW LIFE AND HEALTH INSURERS TO ELECT TO PAY THE GENERAL CORPORATE TAX ON NET INCOME INSTEAD OF THE PREMIUM TAX; BY ADDING SECTION 38-7-95 SO AS TO CREATE A LIMITED EMPLOYMENT TAX CREDIT AGAINST EITHER THE PREMIUM TAX OR THE INCOME TAX FOR ALL INSURANCE COMPANIES BASED UPON A PERCENTAGE OF NONCOMMISSION COMPENSATION PAID TO SOUTH CAROLINA EMPLOYEES; TO AMEND SECTION 12-6-50, RELATING TO INTERNAL REVENUE CODE SECTIONS SPECIFICALLY NOT ADOPTED BY THE STATE, SO AS TO PRESERVE INTERNAL REVENUE CODE SECTIONS 801 THROUGH 845 FROM EXCLUSION IN THE CASE OF LIFE AND HEALTH INSURERS ELECTING TO PAY THE INCOME TAX; TO AMEND SECTION 12-6-550, RELATING TO CORPORATIONS EXEMPT FROM TAXES IMPOSED BY SECTIONS 12-6-530 AND 12-6-540, SO AS TO EXCLUDE LIFE AND HEALTH INSURERS ELECTING TO PAY THE INCOME TAX FROM THE EXEMPTION; TO AMEND SECTION 2-6-2290, RELATING TO THE APPORTIONMENT OF REMAINING NET INCOME WHERE PRINCIPAL PROFITS OR INCOME DERIVED FROM SOURCES NOT OTHERWISE DESCRIBED, SO AS TO PROVIDE FOR THE APPORTIONMENT OF LIFE AND HEALTH INSURER INCOME ALLOCATED TO SOUTH CAROLINA ACCORDING TO A ONE-FACTOR FORMULA BASED ON PREMIUMS; TO AMEND SECTION 12-6-5020, RELATING TO THE AUTHORIZED FILING OF A CONSOLIDATED CORPORATE INCOME TAX RETURN, SO AS TO PROVIDE RULES PERTAINING TO CONSOLIDATED RETURNS FOR LIFE AND HEALTH INSURERS ELECTING TO PAY THE INCOME TAX; TO AMEND SECTION 38-7-90, RELATING TO RETALIATORY TAXES, SO AS TO PROVIDE AN EXEMPTION UNDER CERTAIN CIRCUMSTANCES FOR LIFE AND HEALTH INSURERS DOMICILED IN ANOTHER STATE; TO AMEND SECTION 38-7-160, RELATING TO MUNICIPAL LICENSE FEES AND TAXES, SO AS TO PROVIDE LIFE AND HEALTH INSURERS A CREDIT FOR MUNICIPAL TAXES AGAINST PREMIUM OR INCOME TAXES, AND TO LIMIT MUNICIPAL TAXES BASED ON PREMIUMS; TO AMEND SECTION 38-7-190, RELATING TO TAX CREDITS, SO AS TO PROVIDE THAT SPECIFIED TAX CREDITS MAY NOT BE RECAPTURED FROM FOREIGN INSURANCE COMPANIES THROUGH THE RETALIATORY TAX PROVIDED UNDER SECTION 38-7-90; AND TO AMEND SECTION 38-29-160, RELATING TO PRODUCTION OF THE CERTIFICATE OF CONTRIBUTIONS, THE OFFSET OF A WRITE-OFF AGAINST TAX LIABILITY, AND THE PAYMENT OF CERTAIN REFUNDS TO THE STATE, SO AS TO EXTEND THE PREMIUM TAX OFFSET FOR LIFE AND HEALTH GUARANTY ASSOCIATION ASSESSMENTS TO THE INCOME TAX.
H. 4973 (Word version) -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-480 SO AS TO PROVIDE FOR A REFUND OF SCHOOL TAXES ON REAL AND PERSONAL PROPERTY OF PARENTS OR GUARDIANS OF HOME-SCHOOL STUDENTS OR PRIVATE SCHOOL STUDENTS AND TO PROVIDE THE METHOD OF OBTAINING THE REFUND.
H. 4974 (Word version) -- Rep. Scott: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 8, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE PROHIBITION ON PUBLIC OFFICERS GAMBLING OR BETTING ON GAMES OF CHANCE, SO AS TO PROVIDE THAT THE PROHIBITION APPLIES ONLY TO THE GOVERNOR, CONSTITUTIONAL OFFICERS, AND MEMBERS OF THE GENERAL ASSEMBLY AND APPLIES ALSO TO PARTICIPATION IN LOTTERIES CONDUCTED BY THE STATE OF SOUTH CAROLINA.
H. 4976 (Word version) -- Rep. Altman: A BILL TO AMEND SECTION 44-76-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VARIOUS TRAINING AND USE REQUIREMENTS FOR PERSONS DESIGNATED AS AUTOMATED EXTERNAL DEFIBRILLATOR (AED) USERS, SO AS TO REQUIRE THE ENTITY THAT ACQUIRES AN AED TO NOTIFY THE LOCAL EMERGENCY MEDICAL SERVICES PROVIDER OF THE LOCATION OF THE AED AND TO PROVIDE THAT THE REQUIRED TRAINING MAY BE A COURSE APPROVED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.
H. 4977 (Word version) -- Reps. Knotts, Rivers, G. M. Smith, J. H. Neal, Taylor, Wilkins, Whatley, Lourie, J. E. Smith, Kelley, Weeks, Altman, Bales, Barfield, Battle, Bingham, Bowers, Carnell, Chellis, Cobb-Hunter, Dantzler, Davenport, Delleney, Emory, Fleming, Frye, Gilham, Gourdine, Govan, Harrison, J. Hines, Howard, Huggins, Jennings, Keegan, Klauber, Limehouse, Lucas, Martin, McGee, Miller, J. M. Neal, Ott, Rice, Rodgers, Scarborough, Sharpe, Simrill, D. C. Smith, W. D. Smith, Snow, Stille, Townsend, Trotter, Webb, A. Young and J. Young: A BILL TO AMEND CHAPTER 8, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST PUBLIC JUSTICE, BY ADDING ARTICLE 5 SO AS TO ENACT THE "CRIMINAL STREET GANG PREVENTION ACT", TO INCLUDE DEFINITIONS RELATING TO CRIMINAL STREET GANGS AND CRIMINAL STREET GANG ACTIVITY; TO PROVIDE THAT IT IS UNLAWFUL TO ACTIVELY PARTICIPATE IN A CRIMINAL STREET GANG WITH KNOWLEDGE THAT ITS MEMBERS ENGAGE IN A PATTERN OF CRIMINAL STREET GANG ACTIVITY; TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO ENGAGE IN THE COMMISSION OF A CRIMINAL ACT OR DELINQUENCY FOR THE PURPOSE OF BENEFITING, PROMOTING, OR FURTHERING THE INTERESTS OF A CRIMINAL STREET GANG; TO PROVIDE FOR ENHANCED SENTENCING FOR THE COMMISSION OF A CRIMINAL ACT OR DELINQUENCY FOR THE PURPOSE OF BENEFITING, PROMOTING, OR FURTHERING THE INTERESTS OF A CRIMINAL STREET GANG; TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO RECRUIT ANOTHER PERSON TO JOIN A CRIMINAL STREET GANG OR TO DISSUADE ANOTHER PERSON FROM WITHDRAWING FROM A CRIMINAL STREET GANG; TO PROVIDE ADDITIONAL PENALTIES FOR PERSONS WHO THREATEN OR USE VIOLENCE WHEN SOLICITING OR RECRUITING ANOTHER TO PARTICIPATE IN A CRIMINAL STREET GANG; TO PROVIDE THAT IT IS UNLAWFUL TO DISSUADE OR PREVENT ANOTHER PERSON FROM TESTIFYING IN CERTAIN TRIALS, PROCEEDINGS, OR INQUIRIES; TO PROVIDE THAT PROPERTY, PROCEEDS, AND PROFITS DERIVED FROM OR USED TO FACILITATE THE CRIMINAL ACTIVITY OF A CRIMINAL STREET GANG OR MEMBER OF A CRIMINAL STREET GANG IS CONTRABAND SUBJECT TO FORFEITURE; TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO DEFACE THE REAL OR PERSONAL PROPERTY OF ANOTHER WITH GRAFFITI OR TO POSSESS AN INSTRUMENT OF GRAFFITI; TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON IN A MOTOR VEHICLE TO PARTICIPATE IN A DRIVE-BY SHOOTING OR TO UNLAWFULLY DISCHARGE A FIREARM OR WEAPON IN THE GENERAL DIRECTION OF ANOTHER PERSON OUTSIDE THE MOTOR VEHICLE; TO PROVIDE THAT PRIVATE BUILDINGS USED IN CRIMINAL GANG ACTIVITY ARE A NUISANCE AND FOR THE ABATEMENT OF NUISANCES; TO CREATE A CIVIL CAUSE OF ACTION IN FAVOR OF THE STATE OR A POLITICAL SUBDIVISION OF THE STATE FOR DAMAGES CAUSED BY CRIMINAL GANG ACTIVITY; TO PROVIDE THAT THE IDENTITY OF AN INFORMANT AND MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, ARE EXEMPT FROM DISCOVERY OR DISCLOSURE IN CIVIL ACTIONS BROUGHT UNDER THIS ARTICLE; TO PROVIDE THAT IT IS UNLAWFUL FOR A MEMBER OF A STREET GANG TO OWN OR POSSESS A FIREARM, AMMUNITION, OR DANGEROUS WEAPON THAT IS CAPABLE OF BEING USED IN A PATTERN OF CRIMINAL GANG ACTIVITY OR IN THE COMMISSION OF A CRIMINAL ACT OR DELINQUENCY FOR THE PURPOSE OF BENEFITING, PROMOTING, OR FURTHERING THE INTERESTS OF A CRIMINAL STREET GANG, AND FOR THE SEIZURE AND FORFEITURE OF FIREARMS, AMMUNITION, OR DANGEROUS WEAPONS IN THE POSSESSION OF A MEMBER OF A CRIMINAL STREET GANG; TO PROVIDE FOR NOTICE TO SHERIFFS AND LAW ENFORCEMENT AGENCIES WHEN A PERSON IN CUSTODY OR KNOWN FOR CRIMINAL GANG ACTIVITY IS RELEASED FROM CUSTODY; TO PROVIDE THAT THE PROVISIONS OF THIS ARTICLE DO NOT APPLY TO EMPLOYEES LAWFULLY ENGAGED IN COLLECTIVE BARGAINING ACTIVITIES FOR THEIR MUTUAL AID AND PROTECTION, OR THE LAWFUL ACTIVITIES OF LABOR ORGANIZATIONS OR THEIR MEMBERS OR AGENTS; TO PROVIDE THAT THIS ARTICLE DOES NOT PREVENT THE GOVERNING BODY OF A COUNTY OR MUNICIPALITY FROM ADOPTING AND ENFORCING CERTAIN ORDINANCES RELATING TO CRIMINAL STREET GANGS AND GANG VIOLENCE; AND TO PROVIDE THAT THE STATE LAW ENFORCEMENT DIVISION MUST DEVELOP A STATEWIDE CRIMINAL STREET GANG DATABASE TO FACILITATE THE EXCHANGE OF CERTAIN INFORMATION BETWEEN LAW ENFORCEMENT AGENCIES RELATING TO CRIMINAL STREET GANGS AND GANG-RELATED INCIDENTS, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THE PROVISIONS OF THIS ARTICLE.
S. 561 (Word version) -- Senator Setzler: A BILL TO AMEND SECTION 59-26-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AWARDING OF CONDITIONAL TEACHING CERTIFICATES BY THE STATE BOARD OF EDUCATION, SO AS TO DELETE THE AWARDING OF CONDITIONAL CERTIFICATES AND PROVIDE THAT THE BOARD MAY AWARD A TEMPORARY TEACHING CREDENTIAL, UNDER CERTAIN CONDITIONS, TO A PERSON CHANGING CAREERS WHO DOES NOT QUALIFY FOR A PROFESSIONAL CERTIFICATE.
S. 675 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 31-6-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "REDEVELOPMENT PROJECT" UNDER THE TAX INCREMENT FINANCING LAW, SO AS TO AUTHORIZE A REDEVELOPMENT TO BE LOCATED OUTSIDE OF THE REDEVELOPMENT AREA IF A MUNICIPALITY MAKES SPECIFIC FINDINGS OF BENEFIT TO THE REDEVELOPMENT PROJECT AREA; TO AMEND SECTION 31-6-70, RELATING TO THE ADOPTION OF AN ORDINANCE BY A MUNICIPALITY PROVIDING FOR THE APPROVAL OF A REDEVELOPMENT PLAN, SO AS TO LENGTHEN FROM FIVE TO TEN YEARS THE PERIOD WITHIN WHICH A MUNICIPALITY MAY ISSUE OBLIGATIONS TO FINANCE A REDEVELOPMENT PROJECT AND TO AUTHORIZE OBLIGATIONS TO BE ISSUED SUBSEQUENT TO THE INITIAL TEN-YEAR PERIOD; AND TO AMEND SECTION 31-6-80, AS AMENDED, RELATING TO APPROVAL OF A REDEVELOPMENT PLAN AND ADOPTION OF AN ORDINANCE, SO AS TO REQUIRE A MUNICIPALITY TO MAKE A SPECIFIC FINDING OF BENEFIT TO THE REDEVELOPMENT PROJECT AREA AND PROVIDE WRITTEN NOTICE TO THE AFFECTED TAXING DISTRICT IF THE PROJECT OR A PORTION OF IT IS LOCATED OUTSIDE OF THE REDEVELOPMENT PROJECT AREA.
S. 1139 (Word version) -- Senator Land: A BILL TO AMEND ACT 375 OF 1947, AS AMENDED, RELATING TO THE CLARENDON HOSPITAL DISTRICT, SO AS TO FURTHER PROVIDE FOR THE COMPOSITION AND QUALIFICATIONS OF MEMBERS OF THE HOSPITAL DISTRICT BOARD OF TRUSTEES.
The following was introduced: H. 4975 (Word version) -- Rep. Delleney: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE KEITH MCALISTER, PRINCIPAL OF LEWISVILLE HIGH SCHOOL IN CHESTER COUNTY, FOR HIS BEING NAMED 1A PRINCIPAL OF THE YEAR BY THE SOUTH CAROLINA ATHLETIC ADMINISTRATORS ASSOCIATION, AND TO WISH HIM SUCCESS AND HAPPINESS IN HIS FUTURE ENDEAVORS. 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: Allen Altman Bales Barfield Barrett Battle Bingham Bowers Breeland Brown, J. Brown, R. Campsen Carnell Cato Chellis Clyburn Cobb-Hunter Cooper Dantzler Davenport Delleney Easterday Edge Emory Fleming Freeman Frye Gilham Gourdine Hamilton Harrell Harrison Haskins Hayes Hines, J. Hines, M. Hinson Hosey Howard Huggins Jennings Keegan Kelley Kirsh Klauber Knotts Koon Law Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack Martin McCraw McGee McLeod Meacham-Richardson Merrill Miller Moody-Lawrence Neal, J.H. Neal, J.M. Ott Owens Parks Perry Phillips Quinn Rhoad Rice Riser Rivers Rodgers Sandifer Scarborough Scott Sharpe Sheheen Simrill Sinclair Smith, D.C. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Snow Stille Talley Taylor Thompson Townsend Tripp Trotter Vaughn Walker Webb Weeks Whatley Whipper White Wilder Wilkins Witherspoon Young, A. Young, J.
I came in after the roll call and was present for the Session on Tuesday, March 26. Creighton Coleman Todd Rutherford Bill Cotty Grady Brown Denny Neilson Alex Harvin Jerry Govan Fletcher Smith LEAVE OF ABSENCE The SPEAKER granted Rep. KENNEDY a leave of absence due to medical reasons.
The SPEAKER granted Rep. ALLISON a leave of absence due to family medical reasons.
The SPEAKER granted Rep. STUART a leave of absence due to illness.
Announcement was made that Dr. William F. Ward of Sumter is the Doctor of the Day for the General Assembly.
In accordance with House Rule 5.2 below:
Bill Number: H. 4767 (Word version)
Bill Number: H. 4500 (Word version)
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading: H. 4644 (Word version) -- Reps. Carnell, Klauber and Parks: A JOINT RESOLUTION TO PROVIDE THAT UP TO THREE DAYS MISSED IN THE 2001-2002 SCHOOL YEAR BY THE STUDENTS OF A SCHOOL IN GREENWOOD COUNTY SCHOOL DISTRICT 51 WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP. H. 4670 (Word version) -- Reps. Harrison, Haskins and Martin: A BILL TO AMEND SECTION 56-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY NOT BE ISSUED A DRIVER'S LICENSE OR HAVE THEIR DRIVER'S LICENSE RENEWED, SO AS TO DELETE THE PROVISION THAT ALLOWS PERSONS FROM OTHER COUNTRIES WHO ARE PRESENT IN SOUTH CAROLINA ON A STUDENT VISA OR ON A WORK VISA OR THEIR DEPENDENTS TO OBTAIN A DRIVER'S LICENSE OR HAVE THEIR DRIVER'S LICENSE RENEWED, TO DEFINE "RESIDENT OF SOUTH CAROLINA" FOR PURPOSES OF DETERMINING ELIGIBILITY TO OBTAIN OR RENEW A DRIVER'S LICENSE, AND TO PROVIDE THAT RESIDENTS OF SOUTH CAROLINA AND THEIR DEPENDENTS ARE ELIGIBLE TO OBTAIN A DRIVER'S LICENSE OR HAVE A DRIVER'S LICENSE RENEWED. Rep. TOWNSEND explained the Bill. H. 4818 (Word version) -- Rep. Stille: A BILL TO AMEND SECTION 59-58-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE SOUTH CAROLINA NONPUBLIC POST-SECONDARY INSTITUTION LICENSE ACT, SO AS TO ADD CERTAIN DEFINITIONS; TO AMEND SECTION 59-58-30, RELATING TO EXCLUSIONS FROM THE DEFINITION OF "NONPUBLIC EDUCATIONAL INSTITUTION", SO AS TO FURTHER PROVIDE FOR THOSE ACTIVITIES, COURSES, OR INSTITUTIONS THAT COME WITHIN THIS EXCLUSION; TO AMEND SECTION 59-58-50, RELATING TO LICENSE REQUIREMENTS FOR NONPUBLIC INSTITUTIONS, SO AS TO PROVIDE LICENSES MAY BE GRANTED TO NONDEGREE GRANTING INSTITUTIONS FOR LESS THAN TWELVE MONTHS; TO AMEND SECTION 59-58-60, RELATING TO USE OF THE TERM "COLLEGE" OR "UNIVERSITY" IN A NAME, SO AS TO REVISE THE CIRCUMSTANCES WHEN THESE TERMS MAY AND MAY NOT BE USED; TO AMEND SECTION 59-58-70, RELATING TO FEES, SO AS TO PROVIDE FOR FURTHER SITUATIONS WHEN PENALTIES MAY BE IMPOSED; TO AMEND SECTION 59-58-100, RELATING TO ENROLLMENT CONTRACTS AND OTHER AGREEMENTS BEING VOID WITHOUT A LICENSE, SO AS TO CORRECT A GRAMMATICAL REFERENCE; AND TO AMEND SECTION 59-58-110, RELATING TO DENIAL, REVOCATION, OR SUSPENSION OF LICENSES, SO AS TO FURTHER PROVIDE FOR WHEN THE COMMISSION ON HIGHER EDUCATION MAY PROCEED WITH A DENIAL OR REVOCATION AND TO AUTHORIZE THE COMMISSION TO ALSO IMPOSE PROBATION AND DELAY A NEW CLASS TERM. Rep. STILLE explained the Bill.
On motion of Rep. CARNELL, with unanimous consent, it was ordered that H. 4644 be read the third time Thursday.
On motion of Rep. TOWNSEND, with unanimous consent, it was ordered that H. 4670 be read the third time Thursday.
On motion of Rep. STILLE, with unanimous consent, it was ordered that H. 4818 be read the third time Thursday.
Rep. LOFTIS moved to adjourn debate upon the following Bill until Wednesday, March 27, which was adopted: H. 4641 (Word version) -- Rep. Cato: A BILL TO AMEND CHAPTER 15, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF MOTOR VEHICLE MANUFACTURERS, DISTRIBUTORS, AND DEALERS, BY ADDING ARTICLE 4 SO AS TO REQUIRE NONFRANCHISE AUTOMOBILE DEALERS TO COMPLETE CERTAIN PRE-LICENSING AND CONTINUING EDUCATION COURSES BEFORE BEING ISSUED A DEALER'S LICENSE OR HAVING A DEALER'S LICENSE RENEWED, AND TO PROVIDE FOR THE CREATION, MEMBERSHIP, AND PURPOSE OF THE SOUTH CAROLINA INDEPENDENT EDUCATION ADVISORY BOARD, WHICH SHALL ASSIST WITH THE CONTINUING EDUCATION REQUIREMENTS OF NONFRANCHISE AUTOMOBILE DEALERS.
The Senate amendments to the following Bill were taken up for consideration: H. 4014 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 41-29-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMPLOYMENT STABILIZATION, SO AS TO REQUIRE EMPLOYERS TO MAKE CERTAIN EMPLOYMENT INFORMATION AND REPORTS AVAILABLE TO THE EMPLOYMENT SECURITY COMMISSION AND TO RESTRICT THE INFORMATION AND REPORTS FOR CERTAIN USES; TO AMEND SECTION 41-29-170, AS AMENDED, RELATING TO INFORMATION ALLOWED TO BE DISCLOSED IN THE ADMINISTRATION OF THE EMPLOYMENT SECURITY LAW, SO AS TO REVISE PROVISIONS PERTAINING TO AGENCIES TO WHOM SUCH INFORMATION MAY BE DISCLOSED; TO AMEND SECTIONS 41-35-640, 41-35-660, AND 41-35-680, ALL RELATING TO APPEALS PROCEDURES FROM A DECISION OF THE COMMISSION, SO AS TO SPECIFY THAT DETERMINATIONS AND DECISIONS OF THE COMMISSION MUST BE MAILED TO THE PARTY, RATHER THAN MAILED OR DELIVERED TO THE PARTY; AND TO AMEND SECTION 41-35-750, AS AMENDED, RELATING TO PROCEDURES TO OBTAIN JUDICIAL REVIEW OF A DECISION OF THE COMMISSION, SO AS TO CONFORM THESE PROCEDURES TO THE SOUTH CAROLINA ADMINISTRATIVE PROCEDURES ACT AND THE SOUTH CAROLINA RULES OF CIVIL PROCEDURE. 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.
The Senate amendments to the following Bill were taken up for consideration: H. 3032 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 33-19-660 SO AS TO ALLOW A PROFESSIONAL CORPORATION TO DESIGNATE IN WRITING AN EMPLOYEE OR AGENT WHO MAY REPRESENT THE CORPORATION IN MAGISTRATES COURT AND TO PROVIDE THAT THE PERSON DESIGNATED, WHILE REPRESENTING THE CORPORATION IN COURT, IS NOT ENGAGED IN THE UNAUTHORIZED PRACTICE OF LAW. Rep. HARRISON 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.
The motion period was dispensed with on motion of Rep. FLEMING.
Rep. DELLENEY moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request: S. 182 (Word version) -- Senators Hawkins, Ritchie, Reese and Branton: A BILL TO AMEND SECTION 16-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SENTENCING PROCEEDING TO DETERMINE WHETHER A PERSON CONVICTED OF MURDER SHOULD BE SENTENCED TO DEATH, SO AS TO PROVIDE THAT THE MURDER OF A COUNTY DETENTION FACILITY OFFICER IS A STATUTORY AGGRAVATING CIRCUMSTANCE. The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are: Allen Altman Bales Barfield Barrett Battle Bingham Bowers Brown, J. Campsen Carnell Cato Chellis Clyburn Cooper Cotty Dantzler Delleney Easterday Edge Emory Fleming Freeman Frye Harrell Harrison Haskins Hayes Hines, M. Hinson Jennings Keegan Kelley Kirsh Klauber Koon Law Leach Limehouse Lourie Lucas Martin McCraw McLeod Meacham-Richardson Merrill Miller Neal, J.M. Owens Perry Phillips Quinn Rhoad Rice Riser Rivers Rodgers Sandifer Sharpe Simrill Sinclair Smith, D.C. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Snow Stille Talley Taylor Townsend Tripp Trotter Vaughn Walker Webb Whatley White Wilder Wilkins Witherspoon Young, A. Young, J.
Those who voted in the negative are: Breeland Brown, G. Davenport Hamilton Hines, J. Hosey Lee Lloyd Mack Parks Rutherford Scarborough Scott Sheheen Thompson Weeks
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to. The Committee of Conference was thereby resolved into a Committee of Free Conference. The SPEAKER appointed Reps. LAW, WILDER and DELLENEY to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
FREE CONFERENCE REPORT S. 182 The General Assembly, Columbia, S.C., March 12, 2002
The COMMITTEE OF FREE CONFERENCE, to whom was referred: Beg leave to report that they have duly and carefully considered the same and recommend: That the same do pass with the following amendments: (Reference is to Printer's Version 6/7/01) Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following: / SECTION 1. Section 16-3-20(C)(a)(7) of the 1976 Code is amended to read:
"(7) The murder of a federal, state, or local law enforcement officer or former federal, state, or local law enforcement officer, peace officer or former peace officer, corrections SECTION 2. Section 16-11-110 of the 1976 Code is amended to read:
"Section 16-11-110. (A) A person who wilfully and maliciously causes an explosion, sets fire to, burns, or causes to be burned or aids, counsels, or procures
(B) A person who wilfully and maliciously causes an explosion, sets fire to, burns, or causes to be burned or aids, counsels, or procures the burning that results in damage (C) A person who wilfully and maliciously:
(1) causes an explosion, sets fire to, burns, or causes
(2) aids, counsels, or procures (D) For purposes of this section, 'damage' means an application of fire or explosive that results in burning, charring, blistering, scorching, smoking, singeing, discoloring, or changing the fiber or composition of a building, structure, or any property specified in this section." SECTION 3. Section 40-80-20 of the 1976 Code, as added by Act 60 of 2001, is amended read: "Section 40-80-20. (A)(1) Prior to employment of any firefighter, paid or volunteer, the fire chief or other employer must ensure that each prospective firefighter undergoes a criminal records check conducted by a law enforcement agency.
(3) A criminal records check is not required for a firefighter employed as of June 30, 2001, if the firefighter is employed with the same fire department that he was employed with on June 30, 2001. Upon separation from the fire department that he was employed with on June 30, 2001, a firefighter must comply with the provisions of Section 40-80-40. (B)(1) After June 30, 2001, a person must not perform firefighting duties in South Carolina if the person has been convicted of, or pled guilty or nolo contendere to: (a) a felony; (b) arson or any other offense provided in Article 3, Chapter 11, Title 16; or (c) an offense involving a controlled substance as provided for in Chapter 53, Title 44. (2) The prohibition in item (1) of this subsection applies for a period of ten years after the conviction or plea of guilty or nolo contendere.
SECTION 4. Notwithstanding any other provision of law, the State Law Enforcement Division is not required to implement those provisions of Section 56-5-2934 as contained in Section 9 of Act 390 of 2000 pertaining to the compulsory process for obtaining witnesses until such time that the General Assembly provides funding for the program. The State Law Enforcement Division must reassess the costs necessary to implement this program and present information regarding the costs to the House Ways and Means Committee and the Senate Finance Committee during each committee's budget hearings for fiscal year 2003-2004. SECTION 5. This act takes effect upon approval by the Governor and applies to offenses committed on or after the effective date./ Amend title to conform.
Chauncey K. Gregory F. Gregory "Greg" Delleney, Jr. C. Bradley Hutto Donny Wilder John D. Hawkins James N. Law On Part of the Senate. On Part of the House. The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.
The following Bill was taken up: H. 3450 (Word version) -- Reps. Bingham, Knotts, Lourie, J. E. Smith, Stuart and Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2925 SO AS TO PROVIDE FOR THE OFFENSE OF MISDEMEANOR DEATH BY A VEHICLE, AND TO PROVIDE A PENALTY.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\AMEND\22356CM02), which was adopted: "Section 56-5-2925. (A) A person who unintentionally causes the death of another person while violating a state law or local ordinance which applies to the operation or use of a vehicle or to the regulation of traffic, and the violation is the proximate cause of the accident, is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than two hundred dollars or imprisoned for not more than thirty days.
(B) For the purposes of this section, 'state law or ordinance which applies to the operation or use of the vehicle or to the regulation of traffic' does not include the offenses of causing great bodily injury or death by operating a vehicle while under the influence of alcohol, drugs, or the combination of both, or reckless homicide." /
Rep. DELLENEY explained the amendment.
Rep. RICE proposed the following Amendment No. 2 (Doc Name COUNCIL\BBM\AMEND\10958HTC02):
"Section 56-5-2956. Notwithstanding any other provision of law, when a motor vehicle accident results in the death of a pedestrian or a person who is either a passenger in, or the operator of a motor vehicle involved in an accident, then a chemical test must be administered on all operators of motor vehicles who are involved in the accident and upon the decedent if he was not an operator of a motor vehicle." / Rep. RICE explained the amendment. Rep. WHIPPER moved to table the amendment. Rep. RICE demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are: Allen Altman Battle Hines, J. Hines, M. Lloyd Mack McCraw Moody-Lawrence Scott Sheheen Weeks Whipper
Those who voted in the negative are: Bales Barfield Barrett Bingham Bowers Brown, G. Campsen Cato Chellis Clyburn Cobb-Hunter Cooper Cotty Dantzler Davenport Delleney Easterday Edge Emory Fleming Freeman Frye Gourdine Hamilton Harrison Haskins Hayes Hinson Huggins Jennings Keegan Kelley Kirsh Klauber Koon Leach Lee Limehouse Littlejohn Loftis Lourie Lucas McLeod Meacham-Richardson Merrill Miller Neal, J.H. Neal, J.M. Neilson Ott Owens Perry Phillips Quinn Rhoad Rice Riser Rodgers Sandifer Scarborough Sharpe Simrill Sinclair Smith, D.C. Smith, G.M. Smith, J.R. Smith, W.D. Stille Talley Taylor Thompson Townsend Tripp Vaughn Walker Whatley White Wilder Wilkins Witherspoon Young, A. Young, J.
So, the House refused to table the amendment.
Rep. ALTMAN raised the Point of Order that Amendment No. 2 was out of order in that it was not germane to the Bill. Rep. ALTMAN spoke against the amendment.
Rep. HARRISON moved that the House recur to the Morning Hour, which was agreed to. Further proceedings were interrupted by the House recurring to the Morning Hour, the pending question being consideration of Amendment No. 2.
The following was introduced: H. 4978 (Word version) -- Rep. J. H. Neal: A CONCURRENT RESOLUTION TO COMMEND PROFESSOR JOHN EVANS ATTA MILLS FOR HIS SIGNIFICANT AND COPIOUS CONTRIBUTIONS TO THE REPUBLIC OF GHANA AND TO THE WORLD. 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. 4979 (Word version) -- Rep. Davenport: A BILL TO AMEND SECTION 12-6-1120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MODIFICATIONS TO GROSS INCOME FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO EXCLUDE FROM SOUTH CAROLINA GROSS INCOME GAIN RECEIVED BY THE TAXPAYER FOR REAL PROPERTY AND ANY IMPROVEMENTS LOCATED THEREON CONDEMNED PURSUANT TO CHAPTER 2 OF TITLE 28, THE SOUTH CAROLINA EMINENT DOMAIN PROCEDURE ACT.
H. 4980 (Word version) -- Rep. Kelley: A BILL TO AMEND SECTION 9-1-1790, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EARNINGS LIMITATION APPLICABLE TO MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM WHEN THEY ARE HIRED BY A COVERED EMPLOYER UNDER THAT SYSTEM, SO AS TO CLARIFY THAT THE DECISION TO HIRE A RETIRED MEMBER OF THE SOUTH CAROLINA RETIREMENT SYSTEM IS AT THE SOLE DISCRETION OF THE COVERED EMPLOYER.
H. 4981 (Word version) -- Reps. Lourie and J. E. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-53-365 SO AS TO PROVIDE SPECIFIC PENALTIES FOR THEFT OF A CONTROLLED SUBSTANCE; TO AMEND SECTION 44-53-360, RELATING TO REQUIREMENTS FOR DISPENSING CONTROLLED SUBSTANCES, SO AS TO DELETE THE PROVISION ALLOWING DISPENSING OF UP TO ONE HUNDRED TWENTY DOSAGE UNITS OF A CONTROLLED SUBSTANCE AND TO INCREASE FROM THIRTY DAYS TO SIXTY DAYS THE TIME WITHIN WHICH A CONTROLLED SUBSTANCE PRESCRIPTION MUST BE FILLED; TO AMEND SECTION 44-53-950, RELATING TO THE DEPARTMENT'S AUTHORITY TO AUDIT HYPODERMIC SALES RECORDS AND TO PROMULGATE REGULATIONS RELATING TO EXEMPTIONS FROM HYPODERMIC NEEDLE REQUIREMENTS, SO AS TO DELETE THE PROVISIONS REGARDING THE DEPARTMENT'S AUTHORITY TO AUDIT RECORDS AND TO PROMULGATE REGULATIONS; AND TO REPEAL SECTIONS 44-53-910, 44-53-920, AND 44-53-940 ALL RELATING TO THE RETAIL SALE OF HYPODERMIC NEEDLES, RECORDS PERTAINING TO THESE SALES, AND TO CIRCUMSTANCES IN WHICH SIGNATURES ARE NOT REQUIRED FOR OBTAINING HYPODERMIC NEEDLES.
H. 4982 (Word version) -- Reps. Phillips, McCraw and Littlejohn: A BILL TO AMEND SECTION 7-7-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF PRECINCTS IN CHEROKEE COUNTY, SO AS TO RENAME CERTAIN PRECINCTS AND DESIGNATE A MAP NUMBER ON WHICH THE NAMES OF THESE PRECINCTS MAY BE FOUND.
H. 4983 (Word version) -- Rep. J. E. Smith: A BILL TO AMEND CHAPTER 47, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF PHYSICIANS, BY ADDING ARTICLE 7 SO AS TO ENACT THE "ACUPUNCTURE ACT OF SOUTH CAROLINA" AND TO ESTABLISH THE ACUPUNCTURE ADVISORY BOARD TO THE STATE BOARD OF MEDICAL EXAMINERS, TO ESTABLISH CRITERIA FOR LICENSURE OF ACUPUNCTURISTS AND AURICULAR DETOXIFICATION SPECIALISTS, TO FURTHER PROVIDE FOR THE REGULATION OF ACUPUNCTURISTS AND AURICULAR DETOXIFICATION SPECIALISTS; TO PROVIDE GRANDFATHER PROVISIONS FOR LICENSURE OF ANY INDIVIDUAL CONTINUOUSLY PRACTICING ACUPUNCTURE IN THIS STATE SINCE 1980; AND TO PROVIDE PENALTIES FOR VIOLATIONS; AND TO REPEAL SECTIONS 40-47-70 AND 40-47-75 RELATING, RESPECTIVELY, TO REQUIRING WRITTEN APPROVAL FOR AN ACUPUNCTURIST TO PRACTICE IN THIS STATE AND TO AN EXCEPTION TO THIS REQUIREMENT.
Rep. OTT asked unanimous consent to recall S. 813 from the Committee on Agriculture, Natural Resources and Environmental Affairs.
The motion period was dispensed with on motion of Rep. FLEMING.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 2: H. 3450 (Word version) -- Reps. Bingham, Knotts, Lourie, J. E. Smith, Stuart and Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2925 SO AS TO PROVIDE FOR THE OFFENSE OF MISDEMEANOR DEATH BY A VEHICLE, AND TO PROVIDE A PENALTY.
Rep. RICE proposed the following Amendment No. 2 (Doc Name COUNCIL\BBM\AMEND\10958HTC02):
"Section 56-5-2956. Notwithstanding any other provision of law, when a motor vehicle accident results in the death of a pedestrian or a person who is either a passenger in, or the operator of a motor vehicle involved in an accident, then a chemical test must be administered on all operators of motor vehicles who are involved in the accident and upon the decedent if he was not an operator of a motor vehicle." / Rep. RICE moved to adjourn debate on the amendment, which was agreed to. Rep. SCOTT moved that the House do now adjourn, which was agreed to. Further proceedings were interrupted by adjournment, the pending question being consideration of amendments.
Rep. RICE moved to reconsider the vote whereby the House concurred in the Senate Amendments to H. 4014 and ordered the Bill enrolled for ratification and the motion was noted.
The Senate returned to the House with concurrence the following: H. 4927 (Word version) -- Rep. Phillips: A CONCURRENT RESOLUTION TO FIX 12:30 P.M. ON TUESDAY, APRIL 9, 2002, AS THE TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARDS OF TRUSTEES OF THE CITADEL, CLEMSON UNIVERSITY, COASTAL CAROLINA UNIVERSITY, COLLEGE OF CHARLESTON, FRANCIS MARION UNIVERSITY, LANDER UNIVERSITY, MEDICAL UNIVERSITY OF SOUTH CAROLINA, SOUTH CAROLINA STATE UNIVERSITY, UNIVERSITY OF SOUTH CAROLINA, WIL LOU GRAY OPPORTUNITY SCHOOL, AND WINTHROP UNIVERSITY TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 2002, OR WHOSE POSITIONS OTHERWISE MUST BE FILLED; AND TO ESTABLISH A PROCEDURE REGARDING NOMINATIONS AND NOMINATING AND SECONDING SPEECHES FOR THE CANDIDATES FOR THESE OFFICES DURING THE JOINT SESSION. H. 4949 (Word version) -- Rep. Quinn: A CONCURRENT RESOLUTION TO COMMEND GLAXOSMITHKLINE, NOVARTIS, PFIZER, AND ELI LILLY PHARMACEUTICAL COMPANIES FOR STEPPING FORWARD WITH THEIR PLANS TO REDUCE PRESCRIPTION COSTS FOR SOUTH CAROLINA'S ELDERLY CITIZENS, AND TO URGE STATE POLICY MAKERS TO CONTINUE TO HELP FOSTER THESE COOPERATIVE EFFORTS OF STATE GOVERNMENT AND LOCAL AND NATIONAL COMPANIES ALL WITH THE GOAL OF ENHANCING THE HEALTH CARE OPTIONS AND OPPORTUNITIES FOR ALL OF OUR STATE'S CITIZENS. H. 4951 (Word version) -- Reps. J. Young, G. Brown, J. H. Neal, G. M. Smith and Weeks: A CONCURRENT RESOLUTION TO EXPRESS SYMPATHY TO ALL THE FAMILY AND FRIENDS OF MR. CLIFTON C. GOODWIN, JR., OF SUMTER COUNTY, UPON LEARNING OF HIS PASSING AND TO PAUSE TO RECOGNIZE HIS SELFLESS ACTS OF SERVICE TO HIS NATION, STATE, AND COMMUNITY. H. 4952 (Word version) -- Rep. G. Brown: A CONCURRENT RESOLUTION TO COMMEND WILLIAM P. BASKIN III OF BISHOPVILLE, SOUTH CAROLINA, FOR ALL HE HAS DONE TO IMPROVE THE LIVES OF HIS FELLOW SOUTH CAROLINIANS AND TO WISH HIM MANY YEARS OF HEALTH AND HAPPINESS UPON HIS RETIREMENT AS CHIEF OF THE BISHOPVILLE RESCUE SQUAD.
At 1:25 p.m. the House, in accordance with the motion of Rep. PERRY, adjourned in memory of William Seymore of Aiken, to meet Thursday at 10:00 a.m. in Local Session.
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