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118th Session, 2009-2010 Journal of the House of Representatives
(Statewide Session)
The House assembled at 10:00 a.m.
Our thought for today is from Psalm 31:19: "How great is your goodness, which you have stored up for those who fear you." 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. BOWERS moved that when the House adjourns, it adjourn in memory of the Honorable Clyde Alfred Eltzroth of Varnville, which was agreed to.
Document No. 4072
Rep. DUNCAN, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:
S. 975 (Word version) -- Senator Campsen: A BILL TO AMEND SECTION 50-11-65 OF THE 1976 CODE, RELATING TO THE TRAINING OF BIRD DOGS, TO DEFINE "TRAINING BIRDS", TO PROVIDE FOR THE USE OF TRAINING BIRDS DURING THE CLOSED SEASON, AND TO PROVIDE THAT TRAINING MUST HAVE MINIMAL DISTURBANCE ON WILD BIRDS. Rep. DUNCAN, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:
S. 1043 (Word version) -- Senator Cleary: A BILL TO AMEND CHAPTER 5, TITLE 50 OF THE 1976 CODE, RELATING TO THE MARINE RESOURCES ACT, BY ADDING SECTION 50-5-17 TO ESTABLISH THE FLOUNDER POPULATION STUDY PROGRAM TO BE ADMINISTERED BY THE DEPARTMENT OF NATURAL RESOURCES TO CLARIFY THE LOCATION IN WHICH THE PROGRAM WILL OPERATE, TO CLARIFY THAT PROHIBITED ARTIFICIAL ILLUMINATION IS GENERATED BY MOTOR FUEL POWERED GENERATORS, AND TO PROVIDE THAT THE PROGRAM WILL END ON JUNE 30, 2014; AND TO REPEAL SECTION 50-5-2017 OF THE 1976 CODE, AS ADDED BY ACT 47 OF 2009. Rep. DUNCAN, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:
S. 1127 (Word version) -- Senators Campbell, Cleary, Alexander, Elliott, Grooms, Davis, McConnell, Verdin, Bryant, O'Dell, Peeler, Bright, Cromer, McGill, Shoopman, Leatherman, Rose and S. Martin: A BILL TO AMEND SECTION 48-1-83 OF THE 1976 CODE, RELATING TO DISSOLVED OXYGEN CONCENTRATION DEPRESSION, TO PROVIDE THAT THE STANDARD FOR DISSOLVED OXYGEN IS 0.1 MG/L. Rep. DUNCAN, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:
S. 1196 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO WILDLIFE MANAGEMENT AREA REGULATIONS AND TURKEY HUNTING RULES AND SEASONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4090, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4724 (Word version) -- Reps. Ott, G. M. Smith, Brantley, J. H. Neal, Knight, Jefferson, Sandifer, Hutto, Bannister, Weeks, Chalk, Millwood, Crawford, Williams, McEachern, Miller, Anderson, Branham, H. B. Brown, R. L. Brown, Clyburn, Duncan, Erickson, Hodges, Hosey, Jennings, Loftis, Long, Mack, McLeod, D. C. Moss, V. S. Moss, Nanney, J. M. Neal, M. A. Pitts, J. E. Smith, Stringer, Umphlett and Wylie: A BILL TO AMEND SECTION 16-17-680, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF THE PURCHASE OF NONFERROUS METALS, SO AS TO PROVIDE THAT A SECONDARY METALS RECYCLER MAY NOT PURCHASE COPPER FOR CASH CONSIDERATION AND ONLY MAY PURCHASE IT BY CHECK OR OTHER SIMILAR WRITTEN INSTRUMENT, A RECORD OF WHICH MUST BE MAINTAINED FOR AS LONG AS OTHER INDENTIFYING INFORMATION IS REQUIRED TO BE MAINTAINED.
H. 4728 (Word version) -- Reps. Norman, Simrill and Delleney: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF FORT MILL SCHOOL DISTRICT NO. 4 OF YORK COUNTY TO ISSUE GENERAL OBLIGATION BONDS OF THE DISTRICT UP TO ITS CONSTITUTIONAL DEBT LIMIT IN AN AMOUNT NOT TO EXCEED TWO MILLION DOLLARS TO DEFRAY THE LOSS OF EDUCATION FINANCE ACT FUNDS TO THE DISTRICT, TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSES FOR WHICH THE PROCEEDS MAY BE EXPENDED, AND TO MAKE PROVISION FOR THE PAYMENT OF THE BONDS.
The following was introduced: H. 4725 (Word version) -- Rep. Millwood: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND THE LANDRUM HIGH SCHOOL BOYS CROSS-COUNTRY TEAM ON ITS IMPRESSIVE WIN OF THE 2009 CLASS A STATE CHAMPIONSHIP, AND TO CONGRATULATE THE RUNNERS AND THEIR COACH ON AN EXCEPTIONAL SEASON. The Resolution was adopted.
On motion of Rep. MILLWOOD, with unanimous consent, the following was taken up for immediate consideration: H. 4726 (Word version) -- Rep. Millwood: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE LANDRUM HIGH SCHOOL BOYS CROSS-COUNTRY TEAM, COACH, AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING AND COMMENDING THEM ON THEIR OUTSTANDING SEASON AND FOR CAPTURING THE 2009 CLASS A STATE CHAMPIONSHIP TITLE. The Resolution was adopted.
On motion of Rep. MCEACHERN, with unanimous consent, the following was taken up for immediate consideration: H. 4727 (Word version) -- Rep. McEachern: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE KEENAN HIGH SCHOOL BOYS BASKETBALL TEAM, COACHES, AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING AND COMMENDING THEM ON THEIR OUTSTANDING SEASON AND FOR CAPTURING THE 2010 CLASS AA STATE CHAMPIONSHIP TITLE. The Resolution was adopted.
The roll call of the House of Representatives was taken resulting as follows: Agnew Alexander Allen Allison Anderson Anthony Bales Bannister Barfield Battle Bedingfield Bingham Bowen Brady Branham Brantley G. A. Brown R. L. Brown Cato Chalk Clemmons Clyburn Cobb-Hunter Cole Cooper Crawford Daning Delleney Dillard Duncan Edge Erickson Forrester Frye Funderburk Gambrell Gilliard Gunn Haley Hamilton Hardwick Harrell Harrison Harvin Hayes Hearn Herbkersman Hiott Hodges Horne Hosey Howard Hutto Jefferson Jennings Kelly Kennedy King Kirsh Knight Limehouse Littlejohn Loftis Long Lowe Mack McEachern Merrill Miller Millwood Mitchell D. C. Moss V. S. Moss Nanney J. H. Neal J. M. Neal Norman Ott Parker Parks Pinson M. A. Pitts Rutherford Sandifer Scott Sellers Simrill Skelton D. C. Smith G. M. Smith G. R. Smith J. E. Smith J. R. Smith Sottile Spires Stavrinakis Stringer Thompson Toole Umphlett Vick Weeks White Williams Willis Wylie T. R. Young
I came in after the roll call and was present for the Session on Wednesday, March 10. Nathan Ballentine Boyd Brown Chip Huggins James Lucas Walton McLeod Denny Neilson Thad Viers William R. "Bill" Whitmire Annette Young William Bowers Phillip D. Owens Christopher Hart Jackson "Seth" Whipper Jerry Govan Jim Stewart
The SPEAKER granted Rep. RICE a leave of absence for the day due to family medical reasons.
Announcement was made that Dr. Thomas Rowland of Columbia was the Doctor of the Day for the General Assembly.
Rep. JENNINGS presented to the House the Dillon High School "Wildcats" Varsity Football Team, the 2009 Class AA Champions, their coaches and other school officials.
In accordance with House Rule 5.2 below:
Bill Number: H. 3994 (Word version)
Bill Number: H. 4501 (Word version)
Bill Number: H. 4546 (Word version)
Bill Number: H. 4606 (Word version)
Bill Number: H. 4610 (Word version)
Bill Number: H. 4663 (Word version)
Bill Number: H. 4607 (Word version)
Bill Number: H. 4683 (Word version)
Bill Number: H. 3636 (Word version)
Bill Number: H. 3636 (Word version)
The following Bill and Joint Resolution were taken up, read the second time, and ordered to a third reading: H. 4700 (Word version) -- Rep. Hayes: A JOINT RESOLUTION TO PROVIDE FOR AN ADVISORY REFERENDUM TO BE HELD AT THE SAME TIME AS THE 2010 GENERAL ELECTION TO DETERMINE WHETHER OR NOT THE QUALIFIED ELECTORS OF DILLON COUNTY FAVOR HAVING THE DILLON COUNTY BOARD OF EDUCATION ELECTED. H. 4698 (Word version) -- Rep. J. R. Smith: A BILL TO AMEND SECTION 7-7-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN AIKEN COUNTY, SO AS TO REVISE AND RENAME CERTAIN PRECINCTS AND REDESIGNATE A MAP NUMBER ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments: S. 1096 (Word version) -- Senators McConnell, Alexander, Rankin, Hutto, Matthews, Leatherman, Land, Hayes, Anderson, Scott, Coleman, O'Dell, Nicholson, Setzler, Cleary, Courson, Verdin, L. Martin, Knotts, Lourie, Sheheen, Mulvaney, Campbell, S. Martin, Massey, Grooms, Davis, Shoopman, Thomas, Ford, Elliott and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-37-50, SO AS TO AUTHORIZE ELECTRICITY PROVIDERS AND NATURAL GAS PROVIDERS TO IMPLEMENT FINANCING AGREEMENTS FOR THE INSTALLATION OF ENERGY EFFICIENCY AND CONSERVATION IMPROVEMENTS, TO PROVIDE FOR THE RECOVERY OF THE FINANCING THROUGH CHARGES PAID FOR BY THE CUSTOMERS BENEFITTING FROM THE INSTALLATION OF THE ENERGY EFFICIENCY AND CONSERVATION MEASURES; TO PROTECT THE ENTITIES FROM LIABILITY FOR THE INSTALLATION, OPERATION, AND MAINTENANCE OF THE MEASURES; TO PROVIDE FOR THE INSTALLATION OF ENERGY EFFICIENCY AND CONSERVATION MEASURES IN RENTAL PROPERTIES; AND TO PROVIDE A MECHANISM FOR RECOVERY OF THE COSTS OF THE MEASURES INSTALLED IN RENTAL PROPERTIES; TO AMEND SECTION 8-21-310, SO AS TO ALLOW CLERKS OF COURT AND REGISTERS OF DEEDS TO CHARGE A FEE FOR FILING A NOTICE OF METER CONSERVATION CHARGE; AND TO AMEND SECTION 27-50-40, SO AS TO REQUIRE THE DISCLOSURE OF A METER CONSERVATION CHARGE BY SELLERS OF REAL PROPERTY.
The following Bill and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate: H. 3975 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND SECTION 50-9-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT CERTAIN PERSONS MUST SUCCESSFULLY COMPLETE A HUNTER'S EDUCATION PROGRAM BEFORE THEY ARE ELIGIBLE TO RECEIVE A SOUTH CAROLINA HUNTING LICENSE, SO AS TO PROVIDE THAT THIS REQUIREMENT DOES NOT APPLY TO ACTIVE OR RETIRED UNITED STATES ARMED SERVICES PERSONNEL WHO CAN DEMONSTRATE TO THE DEPARTMENT OF NATURAL RESOURCES THAT THEY RECEIVED WEAPONS TRAINING DURING THEIR MILITARY CAREER. H. 4692 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO AIR POLLUTION CONTROL REGULATIONS AND STANDARDS; DEFINITIONS AND GENERAL REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4085, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE. H. 4693 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO HAZARDOUS WASTE MANAGEMENT REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4080, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bill was taken up: H. 4520 (Word version) -- Reps. Bales, Neilson and Clemmons: A BILL TO AMEND SECTION 51-3-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USE OF FACILITIES AND CAMPSITES AT REDUCED RATES BY THE AGED, BLIND, OR DISABLED, SO AS TO PROVIDE THAT SUCH PERSONS MAY GAIN ADMISSION TO AND USE THE CAMPGROUNDS OF STATE PARKS AT ONE HALF THE PRESCRIBED FEE, AND TO PROVIDE THAT DISABLED VETERANS MAY GAIN ADMISSION TO AND USE THE CAMPGROUNDS OF STATE PARKS WITHOUT CHARGE; BY ADDING SECTION 51-3-75 SO AS TO PROVIDE THAT BASED ON A REVIEW OF BUSINESS AND PERSONAL USE OF A PARTICULAR STATE PARK OR FACILITY BY THE DEPARTMENT OF PARKS, RECREATION AND TOURISM, AND THE LABOR AND INSURANCE REQUIREMENTS IT SUSTAINS AT THAT FACILITY, IT MAY ALTER THE MANAGEMENT PLAN FOR THAT PARK OR FACILITY BY PERMITTING THE RELETTING OF CAMPSITES, CAMPING FACILITIES, OR OTHER AMENITIES BEFORE THE RENTAL TERM OF THE ORIGINAL RENTER HAS EXPIRED IF VACATED BY THE ORIGINAL RENTER BEFORE THE END OF THE STATED TERM, AND TO PROVIDE THE DEPARTMENT ALSO MAY WAIVE THE CHARGES FOR ITS REUSE AND FOR THE USE OF THESE AND OTHER AMENITIES. Rep. COOPER moved to adjourn debate on the Bill until Tuesday, March 23. Rep. BALES moved to table the motion. Rep. BALES demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are: Allen Anthony Bales Barfield Brantley Clyburn Cobb-Hunter Delleney Frye Harrison Harvin Hosey Jefferson Kennedy King Kirsh Long Mack J. H. Neal J. M. Neal Neilson Norman Simrill Vick Williams
Those who voted in the negative are: Agnew Allison Anderson Ballentine Bannister Battle Bedingfield Bingham Bowen Brady G. A. Brown Cato Chalk Clemmons Cole Cooper Crawford Daning Duncan Edge Erickson Forrester Gambrell Gilliard Haley Hamilton Hardwick Harrell Hearn Hiott Horne Huggins Hutto Knight Limehouse Lucas McEachern McLeod Miller Millwood D. C. Moss V. S. Moss Nanney Parker Pinson M. A. Pitts Sandifer Scott Skelton G. M. Smith G. R. Smith J. R. Smith Sottile Spires Stavrinakis Stewart Stringer Thompson Toole Umphlett Viers Weeks White Whitmire Willis Wylie A. D. Young T. R. Young
So, the House refused to table the motion. Rep. COOPER moved to adjourn debate on the Bill until Tuesday, March 23, which was agreed to.
The following Bill was taken up: H. 3536 (Word version) -- Reps. J. E. Smith and McLeod: A BILL TO AMEND SECTION 17-5-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUALIFICATIONS OF CORONERS, SO AS TO INCREASE THOSE QUALIFICATIONS BY REQUIRING THOSE PERSONS WITH HIGH SCHOOL DIPLOMAS TO ALSO HAVE AT LEAST SIX YEARS' EXPERIENCE IN THE FIELD, BY REQUIRING THOSE PERSONS WITH A TWO YEAR ASSOCIATE DEGREE TO ALSO HAVE FOUR YEARS OF EXPERIENCE IN THE FIELD, AND BY REQUIRING THOSE PERSONS WITH A FOUR YEAR BACCALAUREATE DEGREE TO ALSO HAVE AT LEAST TWO YEARS OF EXPERIENCE IN THE FIELD; AND TO REQUIRE THAT A CANDIDATE FOR CORONER FILE A SWORN AFFIDAVIT WITH THE COUNTY EXECUTIVE COMMITTEE OF THE PERSON'S POLITICAL PARTY UNDER SPECIFIED TIME FRAMES, TO PROVIDE FOR THE FILING OF THE AFFIDAVIT BY PETITION CANDIDATES, AND TO DELINEATE THE INFORMATION THAT THE AFFIDAVIT MUST CONTAIN.
Rep. J. E. SMITH proposed the following Amendment No. 1 (COUNCIL\MS\7747AHB10), which was adopted:
"Section 17-5-130. (A) A coroner in this State (1) be a citizen of the United States; (2) be a resident of the county in which he seeks the office of coroner for at least one year before qualifying for the election to the office; (3) be a registered voter; (4) have attained the age of twenty-one years before the date of qualifying for election to the office; (5) have obtained a: (a) high school diploma or its recognized equivalent by the State Department of Education and have at least three years of experience as a death investigator with a law enforcement agency, coroner, or medical examiner agency; (b) two year associate degree and have two years of experience as a death investigator with a law enforcement agency, coroner, or medical examiner agency; or (c) four year baccalaureate degree and have one year of experience as a death investigator with a law enforcement agency, coroner, or medical examiner agency; and
(6) have not been convicted of a felony offense or (B)(1) A person who offers his candidacy for the office of coroner, no later than the close of filing, shall file a sworn affidavit with the county executive committee of the person's political party. (2) The county executive committee of a political party with whom a person has filed his affidavit must file a copy of the affidavit with the appropriate county election commission by noon on the tenth day following the deadline for filing affidavits by candidates. If the tenth day falls on a Saturday, Sunday, or holiday, the affidavit must be filed by noon the following day. (3) A person who seeks nomination by petition shall file a sworn affidavit with the county election commission in the county of his residence. (4) The affidavit required by the provisions of this subsection must contain the following information, the: (a) date and place of the person's birth; (b) date the person graduated from high school or obtained the recognized equivalent of a high school diploma; (c) date the person received an associate or baccalaureate degree, if applicable; and (d) number of years' experience the person has as a death investigator, if applicable.
(C) Each person serving as coroner in his first term is required to complete a basic training session to be determined by the Department of Public Safety. This basic training session must be completed no later than the end of the calendar year following his election as coroner. A person appointed to fill the unexpired term in the office of coroner must complete a basic training session to be determined by the department within one calendar year of the date of appointment. This section must not be construed to require an individual to repeat the basic training session if he has successfully completed the session prior to his election or appointment as coroner. A coroner who is unable to attend this training session when offered because of an emergency or extenuating circumstances
(2) The Board of Directors of the South Carolina Coroners Association, in its discretion, may grant a waiver of the requirements of the annual in-service training upon presentation of evidence by a coroner that he was unable to complete the training due to an emergency or extenuating circumstances. (3) A coroner who fails to complete the minimum annual in-service training required by this section may be suspended from office, without pay, by the Governor for ninety days. The Governor may continue to suspend a coroner until he completes the annual minimum in-service training required in this section. The Governor must appoint, at the time of the coroner's suspension, a qualified person to perform as acting coroner during the suspension.
Rep. J. E. SMITH explained the amendment. The Bill, as amended, was read the second time and ordered to third reading.
Rep. SANDIFER moved to adjourn debate upon the following Bill, which was adopted: H. 3354 (Word version) -- Reps. Chalk, Brantley, G. A. Brown, Clyburn, Erickson, Herbkersman and Sottile: A BILL TO AMEND SECTION 40-11-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM STATUTES APPLICABLE TO LICENSED CONTRACTORS, SO AS TO PROVIDE AN OWNER OF RESIDENTIAL PROPERTY WHO MAKES CERTAIN IMPROVEMENTS TO THE PROPERTY OWES TO A SUBSEQUENT OWNER OF THE PROPERTY THE SAME DUTY AS A LICENSED CONTRACTOR TO COMPLY WITH APPLICABLE BUILDING CODES AND STANDARDS.
Rep. SANDIFER moved to adjourn debate upon the following Bill, which was adopted: S. 168 (Word version) -- Senators Cleary, Campsen, Rose, Bryant, Elliott and Hutto: A BILL TO AMEND SECTION 38-79-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEDICAL MALPRACTICE INSURANCE SO AS TO PROVIDE THAT A LICENSED HEALTH CARE PROVIDER WHO RENDERS MEDICAL SERVICES VOLUNTARILY AND WITHOUT COMPENSATION, AND SEEKS NO REIMBURSEMENT FROM CHARITABLE AND GOVERNMENTAL SOURCES, AND PROVIDES NOTICE TO THE PATIENT OR PATIENT'S PROVIDER IN A NON-EMERGENCY, IS NOT LIABLE FOR ANY CIVIL DAMAGES FOR ANY ACT OR OMISSION UNLESS THE ACT OR OMISSION WAS THE RESULT OF THE HEALTH CARE PROVIDER'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
The following Bill was taken up: H. 3913 (Word version) -- Rep. Vick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-5-1556 SO AS TO ESTABLISH SEASONAL CREEL AND SIZE LIMITS FOR STRIPED BASS IN THE INSHORE WATERS AND THE TERRITORIAL SEA; AND TO AMEND SECTION 50-13-221, RELATING TO STRIPED BASS IN THE LOWER SANTEE AND COOPER RIVERS, SO AS TO ESTABLISH SEASONAL CREEL AND SIZE LIMITS FOR STRIPED BASS IN CERTAIN FRESHWATER BODIES.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (COUNCIL\BBM\9620SD10), which was adopted: "Section 50-5-1556. (A) In the inshore waters, except for that portion of the Savannah River from the saltwater-freshwater dividing line downstream to the mouth of the Savannah River defined by a line from Jones Island, S.C. (also known as Oysterbed Island) point at N 32º 02'18" (N 32.03833º), W 80º 53' 21" (W 80.88917º); across Cockspur Island, Georgia, point at N 32º 01'58" (N 32.03278º), W 80º 52' 56" (W 80.88222º) to Lazaretto Creek, Georgia, point at N 32º 01' 2" (N 32.01722) W 80º 52'51" (W 80.88083º), and the territorial sea from June first through September thirtieth it is unlawful to possess any striped bass (rockfish). Any striped bass taken must be returned immediately to the waters from where it came. (B) In the inshore waters, except for that portion of the Savannah River from the saltwater-freshwater dividing line downstream to the mouth of the Savannah River defined by a line from Jones Island, S.C. (also known as Oysterbed Island) point at N 32º 02'18" (N 32.03833º), W 80º 53' 21" (W 80.88917º); across Cockspur Island, Georgia, point at N 32º 01'58" (N 32.03278º), W 80º 52' 56" (W 80.88222º) to Lazaretto Creek, Georgia, point at N 32º 01' 2" (N 32.01722º) W 80º 52'51", (W 80.88083º), and the territorial sea from October first through May thirty-first it is unlawful to: (1) take or possess more than three striped bass per day; (2) take any striped bass less than twenty-six inches in length; or
(3) land any striped bass without the head and tail fin intact."
"Section 50-13-221. (A) In the
(B) In the
(C) In the (D) Striped bass must be landed with head and tail fin intact.
(E) The Department of Natural Resources for the Lower Santee and Cooper River systems shall make recommendations, after study, on any needed modification to the restrictions in this section before January 1, 2015."
Rep. UMPHLETT explained the amendment.
Reps. DUNCAN and AGNEW proposed the following Amendment No. 2 (COUNCIL\SWB\7193CM10), which was adopted: Section 56-13-222. (A) It is unlawful to take or possess more than two striped bass on all waters of Lake Russell from Lake Hartwell Dam and Lake Secession Dam, including all tributaries of Lake Russell.
(B) It is unlawful to take and retain from all waters of Lake Russell from Lake Hartwell Dam and Lake Secession Dam, including its tributaries, more than one striped bass greater than thirty-four inches in length. / The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up: H. 3996 (Word version) -- Reps. M. A. Pitts and Umphlett: A BILL TO AMEND SECTION 50-9-1130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEDUCTION OF ACCUMULATED POINTS, SO AS TO REQUIRE THE DEPARTMENT OF NATURAL RESOURCES TO DEDUCT THREE ACCUMULATED POINTS FROM A PERSON'S RECORD UPON A SHOWING THAT THE PERSON SUCCESSFULLY COMPLETED A DEPARTMENT PROGRAM OF INSTRUCTION ESTABLISHED PURSUANT TO SECTION 50-9-310.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (COUNCIL\BBM\9619SD10), which was adopted:
"Section 50-9-1130. (A) Each time a person is convicted of a violation enumerated in Section 50-9-1120, the number of points assigned to the violation must be charged against the person. For each calendar year that passes after assignment in which the person received no points, the department shall deduct one-half of the accumulated points if the total number of points is greater than three. If a person has three or less points at the end of a calendar year in which no points were received, the department shall reduce his point total to zero; however, a person's record must not be less (B) The department shall deduct three accumulated points from a person's record upon a showing that the person successfully completed a department program of instruction established pursuant to Section 50-9-310. (C) A person is not eligible for a reduction in points under the provisions of subsection (B) if at the time he received eighteen or more points and: (1) he had any hunting, trapping, or fishing suspension within the previous five years; or (2) he had a previous point reduction under the provisions of subsection (B) within the previous five years.
(D) The department is authorized to promulgate appropriate regulations to effectuate the provisions of this section."
Rep. UMPHLETT explained the amendment. The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up: H. 4015 (Word version) -- Rep. Barfield: A BILL TO AMEND SECTION 50-5-1540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NET PLACEMENTS, SO AS TO REDUCE THE MINIMUM DISTANCE REQUIRED BETWEEN NETS ON THE LITTLE PEE DEE RIVER FROM SIX HUNDRED FEET TO SEVENTY-FIVE FEET.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (COUNCIL\GGS\22535SD10), which was adopted: "Section 50-13-1170. The season for taking nongame fish other than shad and herring in the freshwaters of this State with gill nets shall be from November first to March first inclusive. They may be used or possessed in the freshwaters in which their use is authorized on Wednesdays, Thursdays, Fridays, and Saturdays only. Nongame gill nets used in the freshwaters shall have a mesh size of not less than four and one-half inches stretch mesh. No gill net measuring more than two hundred yards in length may be used in the freshwaters and no gill net, cable, line, or any other device used for support of a gill net shall extend more than half way across any stream or body of water. Gill nets shall be placed in the freshwaters on a first come first served basis but no gill net shall be placed within two hundred yards of another gill net. However, notwithstanding another provision of law, along the Little Pee Dee River upstream of Punch Bowl Landing, no net may be set within seventy-five feet of a gill net previously set, drifted within seventy-five feet of another drifting net, or placed or set within seventy-five feet of the confluence of a tributary. Use or possession of gill nets at any place or time other than those prescribed above shall be unlawful.
Nongame fish
Rep. UMPHLETT explained the amendment. The Bill, as amended, was read the second time and ordered to third reading.
Rep. UMPHLETT moved to adjourn debate upon the following Bill until Tuesday, April 13, which was adopted: S. 1027 (Word version) -- Senator McGill: A BILL TO AMEND CHAPTER 11, TITLE 50 OF THE 1976 CODE, BY ADDING SECTION 50-11-770 TO ENACT THE "RENEGADE HUNTER ACT", TO PROHIBIT USING DOGS TO HUNT ON PROPERTY WITHOUT PERMISSION OF THE LANDOWNER, AND TO PROVIDE APPROPRIATE PENALTIES.
The following Bill was taken up: H. 4657 -- 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, 2010, TO REGULATE THE EXPENDITURE OF SUCH FUNDS, AND TO FURTHER PROVIDE FOR THIS OPERATION OF STATE GOVERNMENT DURING THIS FISCAL YEAR AND FOR OTHER PURPOSES.
Rep. WHITE made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
Rep. COOPER moved to adjourn debate on the motion to reconsider whereby H. 4200 was rejected on third reading until Tuesday, March 23, which was agreed to.
WAYS AND MEANS On motion of Rep. DUNCAN, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means: H. 4220 (Word version) -- Reps. M.A. Pitts, White, Duncan, Lowe, Loftis, Bedingfield and Hutto: 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 REENACT THE "SECOND AMENDMENT RECOGNITION ACT" EXEMPTING FIREARMS SOLD ON THE FRIDAY AND SATURDAY AFTER THANKSGIVING OF EVERY YEAR.
Rep. DUNCAN asked unanimous consent to recall H. 3340 (Word version) from the Committee on Education and Public Works.
The Senate Amendments to the following Bill were taken up for consideration: H. 3418 (Word version) -- Reps. Harrell, Simrill, Crawford, Huggins, Bedingfield, Merrill, G. R. Smith, Erickson, Ballentine, Brady, Chalk, Daning, Delleney, Frye, Gambrell, Hamilton, Harrison, Hearn, Herbkersman, Loftis, Long, Lucas, Nanney, Pinson, Rice, G. M. Smith, Spires, Stringer, Thompson, Viers, Willis, Wylie, T. R. Young, Clemmons, Owens, Parker, Toole, M. A. Pitts, Lowe, Bingham, Umphlett, Sandifer and Edge: A BILL RELATING TO REFORM OF THE SOUTH CAROLINA ELECTION LAWS BY ENACTING THE "SOUTH CAROLINA ELECTION REFORM ACT"; TO AMEND SECTION 7-13-710 OF THE 1976 CODE TO REQUIRE PHOTOGRAPH IDENTIFICATION TO VOTE, PERMITTING FOR PROVISIONAL BALLOTS IF THE IDENTIFICATION CANNOT BE PRODUCED AND PROVIDE AN EXCEPTION FOR A RELIGIOUS OBJECTION TO BEING PHOTOGRAPHED; TO AMEND SECTION 56-1-3350 TO REQUIRE THE DEPARTMENT OF MOTOR VEHICLES TO PROVIDE FREE IDENTIFICATION CARDS UPON REQUEST; TO AMEND SECTION 7-13-25 TO PROVIDE FOR AN EARLY VOTING PERIOD BEGINNING SIXTEEN DAYS BEFORE A STATEWIDE PRIMARY OR GENERAL ELECTION AND TO PROVIDE FOR THE HOURS AND EARLY VOTING LOCATION; TO AMEND SECTION 7-3-20(C) TO REQUIRE THE EXECUTIVE DIRECTOR OF THE STATE ELECTIONS COMMISSION TO MAINTAIN IN THE MASTER FILE A SEPARATE DESIGNATION FOR ABSENTEE AND EARLY VOTERS IN A GENERAL ELECTION; TO AMEND SECTION 7-15-30 TO ADD STATUTORY CITES REGARDING THE REQUEST OF AN ABSENTEE BALLOT; TO AMEND SECTION 7-15-470 TO PROVIDE FOR EARLY VOTING ON MACHINES DURING THE EARLY VOTING PERIOD ONLY AND DELETE THE REFERENCE TO ABSENTEE VOTING; TO AMEND SECTION 7-1-25 TO LIST FACTORS TO CONSIDER FOR DOMICILE; AND TO AMEND SECTION 7-5-230 TO REFERENCE REVISIONS TO SECTION 7-1-25. Rep. CLEMMONS moved to adjourn debate upon the Senate Amendments until Thursday, March 11, which was agreed to.
The Senate Amendments to the following Bill were taken up for consideration: H. 3442 (Word version) -- Reps. Bingham, Harrell, Duncan, Harrison, Owens, Toole, Merrill, Brady, E. H. Pitts, G. M. Smith, Daning, Haley, Huggins, Cato, Ballentine, D. C. Smith, J. R. Smith, Rice, T. R. Young, Horne, Wylie, Bedingfield, Clemmons, Bales, Lucas, Neilson, Long, J. M. Neal and M. A. Pitts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-29-300 SO AS CREATE THE WORKFORCE DEPARTMENT APPELLATE PANEL WITHIN THE DEPARTMENT OF WORKFORCE, TO PROVIDE FOR THE FILLING OF A VACANCY, TO REQUIRE THE PRESENT MEMBERS OF THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION MUST CONSTITUTE THE INITIAL MEMBERSHIP OF THE NEW PANEL, TO PROVIDE THE PANEL SHALL DISSOLVE WHEN THE MEMBERS' TERMS EXPIRE IN 2012, AND TO PROVIDE RELATED APPELLATE PROCEDURES; BY ADDING SECTION 41-29-310 SO AS TO TRANSFER THE WORKFORCE INVESTMENT ACT PROGRAM FROM THE DEPARTMENT OF COMMERCE TO THE DEPARTMENT OF WORKFORCE; TO AMEND SECTION 1-30-10, AS AMENDED, RELATING TO DEPARTMENTS WITHIN THE EXECUTIVE BRANCH OF STATE GOVERNMENT, SO AS TO CREATE THE SOUTH CAROLINA DEPARTMENT OF WORKFORCE WITHIN THE EXECUTIVE BRANCH; TO AMEND SECTION 41-29-10, RELATING TO THE EMPLOYMENT SECURITY COMMISSION, SO AS TO PROVIDE THAT CERTAIN CHAPTERS WITHIN TITLE 41 MUST BE ADMINISTERED BY THE DEPARTMENT OF WORKFORCE AND TO DELETE REFERENCES TO THE EMPLOYMENT SECURITY COMMISSION; TO AMEND SECTION 41-29-20, RELATING TO THE CHAIRMAN, QUORUM, AND FILLING OF A VACANCY ON THE EMPLOYMENT SECURITY COMMISSION, SO AS TO DELETE THE EXISTING LANGUAGE AND TO PROVIDE THE DEPARTMENT OF WORKFORCE MUST BE MANAGED AND OPERATED BY A DIRECTOR APPOINTED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE, AND THAT THE DIRECTOR IS SUBJECT TO REMOVAL BY THE GOVERNOR AT HIS DISCRETION BY EXECUTIVE ORDER; TO AMEND SECTION 41-29-30, RELATING TO THE APPOINTMENT OF A SECRETARY OF THE EMPLOYMENT SECURITY COMMISSION, SO AS TO DELETE THE EXISTING LANGUAGE AND PROVIDE THE DIRECTOR OF THE DEPARTMENT OF WORKFORCE OR HIS DESIGNEE MUST RECEIVE ANNUAL COMPENSATION AS PROVIDED BY THE GENERAL ASSEMBLY AND OFFICIAL EXPENSES AS PROVIDED BY LAW FOR EXECUTING THE DUTIES AND FUNCTIONS OF THE DEPARTMENT; TO AMEND SECTION 8-17-370, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STATE EMPLOYEE GRIEVANCE PROCESS, SO AS TO INCLUDE EMPLOYEES OF THE DEPARTMENT OF WORKFORCE AMONG THOSE EXEMPTED; TO AMEND SECTIONS 41-27-10, 41-27-30, 41-27-150, 41-27-160, 41-27-190, 41-27-210, AS AMENDED, 41-27-230, 41-27-235, AS AMENDED, 41-27-260, AS AMENDED, 41-27-360, 41-27-370, AS AMENDED, 41-27-380, 41-27-390, 41-27-510, 41-27-550, 41-27-560, 41-27-570, 41-27-580, 41-27-600, 41-27-610, 41-27-620, 41-27-630, 41-27-670, 41-29-40, 41-29-50, 41-29-60, 41-29-70, 41-29-80, 41-29-90, 41-29-100, 41-29-110, 41-29-120, AS AMENDED, 41-29-130, 41-29-140, 41-29-150, 41-29-170, AS AMENDED, 41-29-180, 41-29-190, 41-29-200, 41-29-210, 41-29-220, 41-29-230, 41-29-240, 41-29-250, 41-29-270, 41-29-280, 41-29-290, 41-33-10, 41-33-20, 41-33-30, 41-33-40, 41-33-45, 41-33-80, AS AMENDED, 41-33-90, 41-33-100, 41-33-110, 41-33-120, 41-33-130, 41-33-170, 41-33-180, 41-33-190, 41-33-200, 41-33-210, 41-33-430, 41-33-460, 41-33-470, 41-33-610, 41-33-710, 41-35-10, 41-35-30, 41-35-100, 41-35-110, AS AMENDED, 41-35-115, AS AMENDED, 41-35-120, AS AMENDED, 41-35-125, 41-35-126, 41-35-130, AS AMENDED, 41-35-140, 41-35-330, 41-35-340, 41-35-410, 41-35-420, AS AMENDED, 41-35-450, 41-35-610, 41-35-630, 41-35-640, AS AMENDED, 41-35-670, 41-35-680, AS AMENDED, 41-35-690, 41-35-700, 41-35-710, AS AMENDED, 41-35-720, 41-35-730, 41-35-740, 41-35-750, AS AMENDED, 41-37-20, 41-37-30, 41-39-30, 41-39-40, 41-41-20, AS AMENDED, 41-41-40, AS AMENDED, 41-41-50, 41-42-10, 41-42-20, 41-42-30, AND 41-42-40, ALL RELATING TO VARIOUS DEPARTMENT PROVISIONS, SO AS TO CONFORM THEM TO THE REPLACEMENT OF THE EMPLOYMENT SECURITY COMMISSION WITH THE DEPARTMENT OF WORKFORCE; AND TO REPEAL SECTION 41-29-260 RELATING TO THE ABILITY OF COMMISSIONERS OF THE EMPLOYMENT SECURITY COMMISSION TO FILE OPINIONS OR OFFICIAL MINUTES. Rep. BINGHAM 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. 4416 (Word version) -- Reps. Loftis, Hamilton, G. R. Smith, Dillard, Bannister, Bedingfield, Wylie, Nanney, Rice, Cato, Stringer and Allen: A BILL TO EXPAND THE AUTHORITY OF THE RENEWABLE WATER RESOURCES OF GREENVILLE COUNTY, ORIGINALLY CREATED AS THE GREATER GREENVILLE SEWER DISTRICT PURSUANT TO THE PROVISIONS OF ACT 362 OF 1925, TO USE THE BY-PRODUCTS OF WASTE TREATMENT FACILITIES FOR ALTERNATE ENERGY PRODUCTION. The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are: Allen Allison Anthony Bannister Bedingfield Bingham Bowen G. A. Brown H. B. Brown R. L. Brown Cato Clemmons Cooper Crawford Dillard Edge Hamilton Jefferson Kelly Loftis Long Lowe Lucas McLeod Nanney G. R. Smith Stringer Toole Viers Williams Willis Wylie
Those who voted in the negative are:
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. KING moved to adjourn debate upon the following Joint Resolution until Tuesday, March 23, which was adopted: H. 3280 (Word version) -- Reps. T. R. Young, Allison, Parker, D. C. Smith, G. R. Smith, J. R. Smith, Stewart, Millwood, Horne, Funderburk, Wylie, Bedingfield, Harrell, A. D. Young, Viers, Gunn, Erickson, Clemmons and Loftis: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE SUPERINTENDENT OF EDUCATION FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT THE SUPERINTENDENT OF EDUCATION MUST BE APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE GENERAL ASSEMBLY FOR A TERM COTERMINOUS WITH THE GOVERNOR UPON THE EXPIRATION OF THE TERM OF THE SUPERINTENDENT OF EDUCATION SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION, AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL PROVIDE BY LAW FOR THE DUTIES, COMPENSATION, AND QUALIFICATIONS FOR OFFICE, THE PROCEDURES BY WHICH THE APPOINTMENT IS MADE, AND THE PROCEDURES BY WHICH THE SUPERINTENDENT OF EDUCATION MAY BE REMOVED FROM OFFICE.
The following Bills were taken up, read the third time, and ordered sent to the Senate: H. 4033 (Word version) -- Reps. Clemmons, Harrell, Gunn, Anderson, Gullick, Limehouse, Hardwick, Merrill, Ott, Rutherford, Bales, V. S. Moss, Duncan, Owens, Bowen, Stavrinakis, Hutto, Allison, Barfield, Battle, Bingham, Branham, H. B. Brown, Cato, Cooper, Crawford, Delleney, Dillard, Gambrell, Harrison, Harvin, Hayes, Hearn, Herbkersman, Horne, Hosey, Howard, Jefferson, Jennings, Kennedy, King, Kirsh, Lowe, Lucas, Mack, McLeod, Miller, D. C. Moss, Neilson, M. A. Pitts, Rice, Sandifer, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Thompson, Weeks, White, Williams, Willis, A. D. Young, Sellers, Erickson, Knight, Whipper, R. L. Brown, Gilliard, Hart and Mitchell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "TRANSPORTATION INFRASTRUCTURE FUNDING FLEXIBILITY ACT" BY ADDING ARTICLE 3 TO CHAPTER 3, TITLE 57 SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION MAY SOLICIT AND ENTER INTO CERTAIN PUBLIC-PRIVATE INITIATIVES TO CONSTRUCT TRANSPORTATION FACILITIES AND TO PROVIDE THE PROCEDURE WHEREBY PUBLIC-PRIVATE INITIATIVES ARE SOLICITED, APPROVED, AND IMPLEMENTED; BY ADDING ARTICLE 9 TO CHAPTER 3, TITLE 57 SO AS TO PROVIDE THE CIRCUMSTANCES WHEREBY TOLLS MAY BE IMPOSED AND COLLECTED ALONG THE STATE'S HIGHWAYS, TO PROVIDE FOR THE PROJECTS THAT MAY BE FINANCED BY TOLL REVENUES, TO PROVIDE PENALTIES FOR A PERSON WHO FAILS TO PAY A TOLL, AND TO PROVIDE THAT THE DEPARTMENT MAY IMPLEMENT AN ELECTRONIC TOLL SYSTEM; BY ADDING SECTION 11-35-3075 SO AS TO PROVIDE THAT THE PROVISIONS THAT ALLOW THE DEPARTMENT OF TRANSPORTATION TO ENTER INTO PUBLIC-PRIVATE INITIATIVES TO CONSTRUCT TRANSPORTATION FACILITIES ARE SUBJECT TO CERTAIN PORTIONS OF THE CONSOLIDATED PROCUREMENT CODE AND TO CERTAIN EXPANDED DISCUSSIONS AND PROPOSAL REVISIONS; TO AMEND SECTION 11-35-710, AS AMENDED, RELATING TO THE PURCHASE OF CERTAIN ITEMS THAT ARE EXEMPT FROM THE PROVISIONS CONTAINED IN THE CONSOLIDATED PROCUREMENT CODE, SO AS TO PROVIDE THAT THE PURCHASE OF ITEMS ASSOCIATED WITH DEPARTMENT OF TRANSPORTATION PUBLIC-PRIVATE INITIATIVES TO CONSTRUCT TRANSPORTATION FACILITIES ARE NOT EXEMPT FROM THE CONSOLIDATED PROCUREMENT CODE; TO AMEND SECTION 11-35-40, AS AMENDED, RELATING TO THE APPLICATION OF THE CONSOLIDATED PROCUREMENT CODE, SO AS TO PROVIDE AN ENTITY THAT UTILIZES A FEDERAL GRANT TO PROCURE AN ITEM MUST COMPLY WITH ALL APPLICABLE LAWS THAT ARE NOT CONTAINED IN THE CONSOLIDATED PROCUREMENT CODE; TO AMEND SECTION 57-5-1625, AS AMENDED, RELATING TO THE DEPARTMENT OF TRANSPORTATION'S AWARDING OF CONTRACTS THAT USE THE DESIGN-BUILD PROCEDURE, SO AS TO REVISE THE DEFINITION OF THE TERM "DESIGN-BUILD CONTRACT"; TO AMEND SECTION 57-5-1310, RELATING TO THE GENERAL ASSEMBLY'S INTENT WHEN IT PROVIDED THE DEPARTMENT OF TRANSPORTATION THE AUTHORITY TO CONSTRUCT TURNPIKE PROJECTS, SO AS TO PROVIDE THAT THE DEPARTMENT ALSO HAS THE AUTHORITY TO IMPROVE THESE FACILITIES PURSUANT TO THIS PROVISION; TO AMEND SECTION 57-5-1320, RELATING TO THE DEFINITION OF TERMS REGARDING TURNPIKE PROJECTS, SO AS TO REVISE THE DEFINITION OF THE TERM "TURNPIKE FACILITY"; TO AMEND SECTION 57-5-1330, RELATING TO THE DEPARTMENT OF TRANSPORTATION'S AUTHORITY TO DESIGNATE, ESTABLISH, PLAN, IMPROVE, CONSTRUCT, OPERATE, AND REGULATE TURNPIKE FACILITIES, SO AS TO PROVIDE THAT THE DEPARTMENT MAY DESIGNATE AS A TURNPIKE FACILITY ANY TRANSPORTATION FACILITY THAT IS FUNDED IN PART BY A LOCAL OPTION SALES AND USE TAX; TO AMEND SECTION 40-11-360, RELATING TO THE ENTITIES THAT ARE EXEMPT FROM THE PROVISIONS THAT REGULATE LICENSED CONTRACTORS, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 57-5-1660, RELATING TO THE DEPARTMENT OF TRANSPORTATION'S REQUIREMENT THAT CERTAIN CONTRACTORS MUST FURNISH A BOND FOR CERTAIN CONSTRUCTION CONTRACTS, SO AS TO PROVIDE THAT THIS PROVISION DOES NOT APPLY TO CERTAIN PUBLIC-PRIVATE INITIATIVES TO CONSTRUCT TRANSPORTATION FACILITIES AND PROVIDE THAT WHEN THE DEPARTMENT UTILIZES THE DESIGN-BUILD DELIVERY METHOD FOR A HIGHWAY CONSTRUCTION PROJECT, THE AMOUNT OF THE PERFORMANCE AND INDEMNITY BOND AND PAYMENT BONDS REQUIRED BY THIS PROVISION RELATE ONLY TO THE PORTION OF THE CONTRACT CONCERNING CONSTRUCTION; AND TO REPEAL SECTIONS 12-28-2920, 57-3-200, 57-3-615, 57-3-618, 57-5-1490, AND 57-5-1495 RELATING TO THE CONSTRUCTION OF TOLL ROADS BY THE DEPARTMENT OF TRANSPORTATION, THE DEPARTMENT'S AUTHORITY TO ENTER INTO AGREEMENTS WITH VARIOUS ENTITIES TO CONSTRUCT, OPERATE, AND MAINTAIN HIGHWAY FACILITIES, THE PROJECTS THAT MAY BE CONSTRUCTED WITH TOLL REVENUES, THE IMPOSITION AND COLLECTION OF A TOLL ALONG INTERSTATE 73, THE PENALTY FOR FAILURE TO PAY A TOLL, AND THE COLLECTION OF TOLLS. H. 4479 (Word version) -- Reps. Clemmons, M. A. Pitts, D. C. Moss, Crawford and Viers: A BILL TO AMEND SECTION 12-6-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME OF INDIVIDUALS FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO INCLUDE DETENTION OFFICERS AND TELECOMMUNICATIONS PERSONNEL WITHIN THE CATEGORY OF LAW ENFORCEMENT OFFICERS ELIGIBLE TO CLAIM THE EIGHT DOLLARS A DAY SUBSISTENCE ALLOWANCE DEDUCTION FOR LAW ENFORCEMENT OFFICERS, FIRE FIGHTERS, AND EMERGENCY MEDICAL SERVICE PERSONNEL.
The following House Resolution was taken up: H. 4610 (Word version) -- Reps. Duncan, Willis, M. A. Pitts, Bowen, Hardwick, Bedingfield, Rice, Forrester, Owens and Clemmons: A HOUSE RESOLUTION TO MEMORIALIZE CONGRESS TO ADOPT LEGISLATION THAT WOULD POSTPONE THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY'S (EPA) EFFORT TO REGULATE GREENHOUSE GAS (GHG) EMISSIONS FROM STATIONARY SOURCES USING EXISTING CLEAN AIR ACT AUTHORITY UNTIL CONGRESS ADOPTS A BALANCED APPROACH TO ADDRESS CLIMATE AND ENERGY SUPPLY ISSUES WITHOUT CRIPPLING THE ECONOMY. The Resolution was adopted.
The following Concurrent Resolution was taken up: H. 4606 (Word version) -- Reps. Duncan, Willis, M. A. Pitts, Bowen, Hardwick, Bedingfield, Rice, Forrester, Owens and Clemmons: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO ADOPT LEGISLATION THAT WOULD POSTPONE THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY'S (EPA) EFFORT TO REGULATE GREENHOUSE GAS (GHG) EMISSIONS FROM STATIONARY SOURCES USING EXISTING CLEAN AIR ACT AUTHORITY UNTIL CONGRESS ADOPTS A BALANCED APPROACH TO ADDRESS CLIMATE AND ENERGY SUPPLY ISSUES WITHOUT CRIPPLING THE ECONOMY. Rep. DUNCAN explained the Concurrent Resolution. Rep. HART moved to adjourn debate on the Concurrent Resolution. Rep. DUNCAN moved to table the motion. Rep. HART demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are: Allison Anthony Ballentine Bannister Barfield Battle Bedingfield Bingham Bowen Brady H. B. Brown Cato Chalk Cole Crawford Daning Delleney Duncan Erickson Forrester Gambrell Haley Hamilton Hardwick Harrell Harrison Hearn Herbkersman Hiott Horne Huggins Jennings Kelly Limehouse Littlejohn Loftis Long Lowe Lucas Merrill Millwood D. C. Moss V. S. Moss Nanney Norman Ott Owens M. A. Pitts Sandifer Scott Simrill Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith Sottile Spires Stewart Stringer Toole Umphlett Viers White Whitmire Willis Wylie A. D. Young T. R. Young
Those who voted in the negative are: Agnew Alexander Allen Anderson Bales Branham R. L. Brown Cobb-Hunter Dillard Funderburk Gilliard Gunn Hart Hodges Hosey Hutto Jefferson King Knight McEachern Miller J. H. Neal J. M. Neal Neilson Parks Sellers J. E. Smith Stavrinakis Weeks Williams
So, the motion to adjourn debate was tabled. Rep. SELLERS spoke against the Concurrent Resolution. Rep. J. E. SMITH moved that the House recede until 1:30 p.m., which was agreed to. Further proceedings were interrupted by the House receding, the pending question being consideration of the Concurrent Resolution.
At 1:30 p.m. the House resumed, Acting Speaker WYLIE in the Chair.
The question of a quorum was raised.
Debate was resumed on the following Concurrent Resolution, the pending question being the consideration of the Concurrent Resolution: H. 4606 (Word version) -- Reps. Duncan, Willis, M. A. Pitts, Bowen, Hardwick, Bedingfield, Rice, Forrester, Owens and Clemmons: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO ADOPT LEGISLATION THAT WOULD POSTPONE THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY'S (EPA) EFFORT TO REGULATE GREENHOUSE GAS (GHG) EMISSIONS FROM STATIONARY SOURCES USING EXISTING CLEAN AIR ACT AUTHORITY UNTIL CONGRESS ADOPTS A BALANCED APPROACH TO ADDRESS CLIMATE AND ENERGY SUPPLY ISSUES WITHOUT CRIPPLING THE ECONOMY. Rep. SKELTON moved to adjourn debate on the Concurrent Resolution until Thursday, March 11, which was agreed to.
The motion period was dispensed with on motion of Rep. J. E. SMITH.
Rep. CLEMMONS moved to adjourn debate upon the following Bill until Thursday, March 11, which was adopted: H. 3608 (Word version) -- Reps. Mack, Alexander, Allen, R. L. Brown, Williams, Weeks, Whipper, Gilliard and Jefferson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-25 SO AS TO PROVIDE THAT THE AUTHORITY CHARGED BY LAW CONDUCTING AN ELECTION SHALL ESTABLISH EARLY VOTING CENTERS, TO ESTABLISH EARLY VOTING CENTERS TO ALLOW A REGISTERED COUNTY RESIDENT TO VOTE OUTSIDE THEIR PRECINCT, TO PROVIDE A PROCEDURE BY WHICH A QUALIFIED ELECTOR MAY REGISTER TO VOTE AND CAST A BALLOT DURING THE EARLY VOTING PERIOD, TO PROVIDE FOR THE ESTABLISHMENT OF EARLY VOTING LOCATIONS, AND TO REQUIRE THESE LOCATIONS AND TIMES TO BE IN COMPLIANCE WITH THE PROVISIONS OF SECTION 30-4-80.
The following Bill was taken up: H. 4282 (Word version) -- Reps. D. C. Smith, Owens, Littlejohn, Gilliard, Daning, Hosey, Clemmons, Harrison and Bales: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-3890 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR CERTAIN PERSONS WHO ARE OPERATING A MOTOR VEHICLE TO USE A TEXT MESSAGING DEVICE OR A HAND-HELD MOBILE TELEPHONE, AND TO PROVIDE PENALTIES FOR VIOLATING THIS PROVISION.
The Education and Public Works Committee proposed the following Amendment No. 1 (COUNCIL\BBM\9570HTC10), which was adopted: "Section 56-5-3890. (A) As contained in this section: (1) 'text messaging device' means an electronic wireless communications device used to manually type, send or read a written communication, including without limitation a text message or an electronic message, or electronic mail, but does not include a device that is physically or electronically integrated into the vehicle's architecture; and (2) 'mobile telephone' means a device used by subscribers and other users of wireless telephone service to access or respond to such service; and (3) 'hands-free mode' means the use of a mobile telephone or text messaging device by way of an internal feature or function, or an attachment or addition, whether or not permanently part of such telephone or device, by which a user engages in a conversation or communication without the use of either hand; provided, however, this definition shall not preclude the use of either hand to activate, deactivate, or initiate a function of such telephone or device. (B) A person may not use a text messaging device to read, or to manually write or send, a written communication, including without limitation text message, or electronic mail while operating a motor vehicle in motion or in the travel portion of the roadway. (C) A person may not use a mobile telephone while operating a motor vehicle that is in motion or in the travel portion of the roadway. (D) This section does not apply to: (1) an authorized emergency vehicle; (2) a moving motor vehicle using a mobile telephone or a text messaging device in hands-free mode; or (3) a moving motor vehicle using a mobile telephone or a text messaging device to: (a) report illegal activity; (b) summon medical or other emergency help; or (c) prevent injury to a person or property. (E) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars and have two points assessed against his driving record. (F) Notwithstanding any other provision of law, all penalties imposed pursuant to this section shall be divided between the South Carolina State Trauma Care Fund to be used by the Department of Health and Environmental Control as established and provided for in Section 44-61-540 and the Office of Highway Safety in the Department of Public Safety to fund highway safety education programs highlighting the dangers of distracted driving.
(G) This Section occupies the entire field and preempts any ordinance, resolution, or similar matter adopted by a municipality, county, or other local governmental entity regarding the use of a text messaging device or a mobile telephone, or both, by an operator of a motor vehicle." "Section 56-5-3895. (A) For purposes of this section, the following terms shall mean: (1) 'text messaging device' means text messaging device as defined in Section 56-5-3890(A)(1); (2) 'mobile telephone' means mobile telephone as defined in Section 56-5-3890(A)(2); (3) 'emergency situation' means circumstances such as medical concerns, unsafe road conditions, matters of public safety, or mechanical problems that create a risk of harm for the operator or passengers of a school bus or intended passengers of a school bus; (4) 'school bus' means every motor vehicle owned by a public or governmental agency and operated for the transportation of children to or from school or privately owned and operated for compensation for the transportation of children to or from school, the motor vehicle is defined in Section 56-5-195 a 'school bus' under 49 U.S.C. Section 30125, as defined on April 5, 2000, meeting federal school bus safety standards, as contained in 49 U.S.C. Section 30101, et seq., or any successor statutes, and all applicable federal regulations; and (5) 'Great bodily injury' means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss of or impairment of the function of a bodily member or organ. (B) Except as otherwise provided in this section, a person may not use a text messaging device to manually write or send a text message; or a mobile telephone, radio or other communication device whether hands-free or otherwise; while operating a school bus in motion or in the travel portion of a roadway or while monitoring the loading and unloading of students. (C) The provisions of subsection (B) of this section shall not apply to the use of a mobile telephone, radio or other communication device whether hands-free or otherwise, or a text messaging device, for the sole purpose of communicating in an emergency situation. However, this exception applies only if the school bus is not in motion. (D) A person who violates subsection (A): (1) for a first offense where no great bodily injury or death resulted from the violation, is guilty of a misdemeanor and, upon conviction, must be fined two hundred and fifty dollars, and loss of the school bus driver's school bus driving certification issued by the South Carolina Department of Education for a period of one year. The violator shall have two points assessed against his driving record in accordance with Section 56-1-720. (2) for a second or subsequent offense or any offense where great bodily injury or death results from the violation, is guilty of a felony and, upon conviction, must be fined five hundred dollars , and imprisoned for not more than three years. The school bus driver's school bus driving certification issued by the South Carolina Department of Education is revoked and the person is therefore permanently ineligible to apply for certification. The violator shall have triple the points assessed against his driving record as are otherwise assessed pursuant to Section 56-1-720, for using a text messaging device or an otherwise prohibited communications device while driving.
(E) To assist in enforcing this and the state seatbelt laws, all state or district owned school buses, and school buses contracted by school districts for student transportation service, shall have a sticker attached to the interior of the school bus in a location that is clearly readable by the school bus passengers that confirms that the school bus driver is required to wear a seat belt and that use of a mobile telephone, radio or other communication device is prohibited while driving. The sticker should also include the appropriate law citation for each of these requirements and ask the passengers to report violations to a toll free phone number at the South Carolina Department of Education. Upon receipt of a violation report the South Carolina Department of Education shall record the complaint and forward the information to the appropriate school district that employs the school bus driver to initiate an investigation. The South Carolina Department of Education shall design and publish these stickers free of charge to school districts."
"Section 56-1-720. There is established a point system for the evaluation of the operating record of persons to whom a license to operate motor vehicles has been granted and for the determination of the continuing qualifications of these persons for the privileges granted by the license to operate motor vehicles. The system shall have as its basic element a graduated scale of points assigning relative values to the various violations in accordance with the following schedule: Rep. D. C. SMITH spoke in favor of the amendment. Rep. BEDINGFIELD moved to continue the Bill. Rep. SIMRILL demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are: Ballentine Bedingfield Brantley Cato Crawford Delleney Duncan Frye Haley Hamilton Kennedy Knight Merrill Millwood V. S. Moss Nanney Norman M. A. Pitts Scott Simrill G. M. Smith G. R. Smith Stringer Thompson Toole Viers Weeks White Willis Wylie
Those who voted in the negative are: Agnew Alexander Allen Allison Anthony Bales Bannister Barfield Battle Bingham Bowen Bowers Branham G. A. Brown H. B. Brown R. L. Brown Clemmons Clyburn Cole Cooper Daning Dillard Edge Erickson Forrester Funderburk Gambrell Gilliard Govan Gunn Harrell Harrison Hart Hayes Hearn Herbkersman Hiott Hodges Horne Hutto Jefferson Jennings Kelly King Kirsh Limehouse Littlejohn Long Lowe Lucas Mack McLeod Miller Mitchell D. C. Moss J. H. Neal J. M. Neal Neilson Ott Owens Parker Pinson Sandifer Skelton D. C. Smith J. E. Smith J. R. Smith Sottile Spires Stavrinakis Stewart Umphlett Whitmire Williams A. D. Young T. R. Young
So, the House refused to continue the Bill. Rep. VIERS moved to adjourn debate on the Bill until Thursday, March 11. Rep. OWENS moved to table the motion. Rep. G. M. SMITH demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are: Agnew Allison Anthony Bales Bannister Battle Bingham Bowen Bowers Branham G. A. Brown H. B. Brown R. L. Brown Chalk Clyburn Cole Cooper Daning Erickson Forrester Funderburk Gambrell Gunn Hardwick Harrell Harrison Hart Hayes Herbkersman Hiott Horne Hutto Jennings Kelly Kirsh Knight Limehouse Littlejohn Long Lucas McEachern McLeod Miller D. C. Moss V. S. Moss J. M. Neal Neilson Norman Ott Owens Parker Pinson Sandifer Scott Simrill Skelton D. C. Smith J. E. Smith J. R. Smith Sottile Stavrinakis Stewart Umphlett Whitmire Willis Wylie A. D. Young T. R. Young
Those who voted in the negative are: Alexander Allen Ballentine Barfield Bedingfield Cato Clemmons Crawford Delleney Dillard Duncan Edge Frye Gilliard Govan Haley Hamilton Hearn Hodges Jefferson Kennedy King Lowe Mack Merrill Millwood Mitchell Nanney J. H. Neal M. A. Pitts G. M. Smith Spires Stringer Thompson Toole Viers Weeks White Williams
So, the motion to adjourn debate was tabled. The question then recurred to the adoption of Amendment No. 1. Rep. CRAWFORD demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are: Agnew Anthony Bales Bannister Barfield Battle Bowen Branham Brantley G. A. Brown R. L. Brown Chalk Clemmons Cole Cooper Crawford Daning Dillard Edge Erickson Forrester Funderburk Gambrell Gilliard Govan Hardwick Harrell Harrison Hayes Herbkersman Hiott Hodges Horne Hutto Jennings Kelly Kennedy Kirsh Knight Limehouse Littlejohn Long Lowe Lucas McLeod Mitchell V. S. Moss J. H. Neal J. M. Neal Neilson Owens Parker Pinson Skelton D. C. Smith G. R. Smith J. R. Smith Sottile Spires Stavrinakis Umphlett White Whitmire A. D. Young T. R. Young
Those who voted in the negative are: Allen Ballentine Bedingfield Bingham Bowers Cato Delleney Duncan Frye Gunn Haley Hamilton Hart Hearn Jefferson King Loftis Mack Merrill Millwood Nanney Norman M. A. Pitts Scott Simrill G. M. Smith Stringer Thompson Toole Viers Weeks Williams Willis Wylie
So, the amendment was adopted.
Reps. DANING and D. C. SMITH proposed the following Amendment No. 2 (COUNCIL\BBM\9588HTC10), which was adopted:
/ (2) for a second or subsequent offense or any offense where great bodily injury or death results from the violation, is guilty of a misdemeanor and, upon conviction, must be fined five hundred dollars. The school bus driver's school bus driving certification issued by the South Carolina Department of Education is revoked and the person is permanently ineligible to apply for certification. The violator shall have triple the points assessed against his driving record as are otherwise assessed pursuant to Section 56-1-720, for using a text messaging device or an otherwise prohibited communications device while driving. /
Rep. DANING explained the amendment. The question then recurred to the adoption of the amendment. Rep. CRAWFORD demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are: Anthony Bales Barfield Battle Bowen Bowers Brady Branham G. A. Brown H. B. Brown R. L. Brown Cato Clemmons Clyburn Cobb-Hunter Cole Crawford Daning Delleney Dillard Duncan Erickson Frye Funderburk Gilliard Govan Hardwick Harrison Harvin Hayes Hearn Hiott Hodges Horne Huggins Hutto Jefferson Jennings Kennedy Kirsh Knight Limehouse Long Lowe Lucas Mack McLeod Miller Mitchell V. S. Moss J. H. Neal J. M. Neal Norman Ott Owens Parks Pinson Sandifer Sellers Simrill Skelton D. C. Smith G. M. Smith J. E. Smith Sottile Spires Stavrinakis Stewart Thompson Toole Umphlett White Whitmire Wylie A. D. Young T. R. Young
Those who voted in the negative are: Agnew Allen Allison Ballentine Bannister Bedingfield Brantley Forrester Gambrell Gunn Haley Hamilton Hart Kelly King Littlejohn Loftis Millwood Nanney Parker Scott Stringer Viers Weeks Willis
So, the amendment was adopted.
Rep. G. R. SMITH proposed the following Amendment No. 3 (COUNCIL\BBM\9591HTC10), which was adopted:
/ (H) Violations of this section may be introduced as evidence of comparative negligence in a civil action. /
/ (F) Violations of this section may be introduced as evidence of comparative negligence in a civil action. / Rep. G. R. SMITH explained the amendment. Rep. GUNN moved to table the amendment. Rep. G. R. SMITH demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are: Allen Brantley G. A. Brown Gilliard Gunn Hart Harvin Hodges Hutto Kennedy King J. H. Neal Ott Sellers J. E. Smith Stavrinakis Thompson Viers Weeks Williams
Those who voted in the negative are: Agnew Allison Anthony Bales Ballentine Bannister Barfield Battle Bedingfield Bowen Bowers Brady Branham H. B. Brown R. L. Brown Cato Clemmons Cole Crawford Daning Delleney Duncan Erickson Forrester Frye Funderburk Gambrell Govan Hamilton Hardwick Harrell Harrison Hayes Hearn Hiott Horne Huggins Jefferson Jennings Kelly Kirsh Knight Limehouse Littlejohn Loftis Long Lowe Lucas Mack McLeod Miller Millwood Mitchell D. C. Moss V. S. Moss Nanney J. M. Neal Neilson Norman Owens Parker Parks Pinson Sandifer Scott Simrill Skelton D. C. Smith G. M. Smith G. R. Smith Sottile Spires Stewart Stringer Toole Umphlett White Whitmire Willis Wylie A. D. Young T. R. Young
So, the House refused to table the amendment.
Rep. HALEY proposed the following Amendment No. 4 (COUNCIL\SWB\7058CM10), which was tabled:
(C) A person who is less than eighteen years of age may not use a mobile telephone while operating a motor vehicle that is in motion or in the travel portion of the roadway. /
Rep. HALEY explained the amendment. The question then recurred to the adoption of the amendment. Rep. D. C. SMITH moved to table the amendment. Rep. HALEY demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are: Agnew Allison Anthony Bales Bannister Barfield Bingham Bowen Brady Branham G. A. Brown H. B. Brown R. L. Brown Cato Chalk Clemmons Clyburn Cole Crawford Daning Edge Erickson Funderburk Gambrell Gilliard Govan Hardwick Harrell Harrison Hart Harvin Hayes Hearn Herbkersman Hiott Hodges Huggins Hutto Jefferson Jennings Kelly Kennedy Knight Limehouse Littlejohn Long Lucas Mack McEachern McLeod Miller Mitchell D. C. Moss V. S. Moss J. H. Neal J. M. Neal Neilson Ott Owens Parker Pinson Sandifer Skelton D. C. Smith G. R. Smith J. E. Smith Sottile Stavrinakis Toole Umphlett White Whitmire Wylie T. R. Young
Those who voted in the negative are: Allen Ballentine Battle Bedingfield Bowers Delleney Duncan Forrester Frye Gunn Haley Hamilton Horne King Loftis Lowe Millwood Norman M. A. Pitts Scott Simrill G. M. Smith Spires Stringer Thompson Viers Weeks Williams Willis A. D. Young
So, the amendment was tabled.
Rep. R. L. BROWN proposed the following Amendment No. 5 (COUNCIL\BBM\9607CM10), which was adopted: "Section 56-5-3890. (A) As contained in this section 'text messaging device' means an electronic wireless communications device used to manually type, send or read a written communication, including without limitation a text message or an electronic message, or electronic mail, but does not include a device that is physically or electronically integrated into the vehicle's architecture; and (B) A person may not use a text messaging device to read, or to manually write or send, a written communication, including without limitation text message, or electronic mail while operating a motor vehicle in motion or in the travel portion of the roadway. (C) This section does not apply to: (1) an authorized emergency vehicle; (2) a moving motor vehicle using a mobile telephone or a text messaging device to: (a) report illegal activity; (b) summon medical or other emergency help; or (c) prevent injury to a person or property. (D) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars and have two points assessed against his driving record. (E) Notwithstanding any other provision of law, all penalties imposed pursuant to this section shall be divided between the South Carolina State Trauma Care Fund to be used by the Department of Health and Environmental Control as established and provided for in Section 44-61-540 and the Office of Highway Safety in the Department of Public Safety to fund highway safety education programs highlighting the dangers of distracted driving. (F) This Section occupies the entire field and preempts any ordinance, resolution, or similar matter adopted by a municipality, county, or other local governmental entity regarding the use of a text messaging device or a mobile telephone, or both, by an operator of a motor vehicle." SECTION 2. Article 31, Chapter 5, Title 56 of the 1976 Code is amended by adding: "Section 56-5-3895. (A) For purposes of this section, the following terms shall mean: (1) 'text messaging device' means text messaging device as defined in Section 56-5-3890(A)(1); (2) 'mobile telephone' means a device used by subscribers and other users of wireless telephone service to access or respond to such service; (3) 'emergency situation' means circumstances such as medical concerns, unsafe road conditions, matters of public safety, or mechanical problems that create a risk of harm for the operator or passengers of a school bus or intended passengers of a school bus; (4) 'school bus' means every motor vehicle owned by a public or governmental agency and operated for the transportation of children to or from school or privately owned and operated for compensation for the transportation of children to or from school, the motor vehicle is defined in Section 56-5-195 a 'school bus' under 49 U.S.C. Section 30125, as defined on April 5, 2000, meeting federal school bus safety standards, as contained in 49 U.S.C. Section 30101, et seq., or any successor statutes, and all applicable federal regulations; and (5) 'Great bodily injury' means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss of or impairment of the function of a bodily member or organ. (B) Except as otherwise provided in this section, a person may not use a text messaging device to manually write or send a text message; or a mobile telephone, radio or other communication device whether hands-free or otherwise; while operating a school bus in motion or in the travel portion of a roadway or while monitoring the loading and unloading of students. (C) The provisions of subsection (B) of this section shall not apply to the use of a mobile telephone, radio or other communication device whether hands-free or otherwise, or a text messaging device, for the sole purpose of communicating in an emergency situation. However, this exception applies only if the school bus is not in motion. (D) A person who violates subsection (A): (1) for a first offense where no great bodily injury or death resulted from the violation, is guilty of a misdemeanor and, upon conviction, must be fined two hundred and fifty dollars, and lose his school bus driver's school bus driving certification issued by the South Carolina Department of Education for a period of one year. The violator shall have two points assessed against his driving record. (2) for a second or subsequent offense or any offense where great bodily injury or death results from the violation, is guilty of a misdemeanor and, upon conviction, must be fined five hundred dollars. The school bus driver's school bus driving certification issued by the South Carolina Department of Education must be revoked and the person is permanently ineligible to apply for certification. The violator shall have triple the points assessed against his driving record. (E) To assist in enforcing this and the state seatbelt laws, all state or district owned school buses, and school buses contracted by school districts for student transportation service, shall have a sticker attached to the interior of the school bus in a location that is clearly readable by the school bus passengers that confirms that the school bus driver is required to wear a seat belt and that use of a mobile telephone, radio or other communication device is prohibited while driving. The sticker should also include the appropriate law citation for each of these requirements and ask the passengers to report violations to a toll free phone number at the South Carolina Department of Education. Upon receipt of a violation report the South Carolina Department of Education shall record the complaint and forward the information to the appropriate school district that employs the school bus driver to initiate an investigation. The South Carolina Department of Education shall design and publish these stickers free of charge to school districts." SECTION 3. Section 56-1-720 of the 1976 Code is amended to read: "Section 56-1-720. There is established a point system for the evaluation of the operating record of persons to whom a license to operate motor vehicles has been granted and for the determination of the continuing qualifications of these persons for the privileges granted by the license to operate motor vehicles. The system shall have as its basic element a graduated scale of points assigning relative values to the various violations in accordance with the following schedule: VIOLATION POINTS Reckless driving 6 Passing stopped school bus 6 Hit-and-run, property damages only 6 Driving too fast for conditions, or speeding: (1) No more than 10 m.p.h. above the posted limits 2 (2) More than 10 m.p.h. but less than 25 m.p.h. above the posted limits 4 (3) 25 m.p.h. or above the posted limits: 6 Disobedience of any official traffic control device 4 Disobedience to officer directing traffic 4 Failing to yield right of way 4 Driving on wrong side of road 4 Passing unlawfully 4 Turning unlawfully 4 Driving through or within safety zone 4 Failing to give signal or giving improper signal for stopping, turning, or suddenly decreased speed 4 Shifting lanes without safety precaution 2 Improper dangerous parking 2 Following too closely 4 Failing to dim lights 2 Operating with improper lights 2 Operating with improper brakes 4 Operating a vehicle in unsafe condition 2 Driving in improper lane 2 Improper backing 2 Using a text messaging device while driving 2 Using a text messaging device or an otherwise prohibited communication device while driving a school bus 2."
SECTION 4. This act takes effect ninety days after approval by the Governor. /
Rep. R. L. BROWN explained the amendment.
The question then recurred to the adoption of the amendment.
I was temporarily out of the Chamber on constituent business during the debate considering Amendment No. 5 to H. 4282, which deletes the restriction on hand-held cell phone use. If I had been present, I would have voted against the Amendment.
Rep. Tom Young /( ) In addition to prohibitions provided for in this section while operating a motor vehicle that is in motion or in the travel portion of the roadway, a person may not: (1) light or smoke any tobacco product; (2) put on or remove any garment or item of clothing; (3) eat any type of food; (4) drink any beverage; (5) use, operate, or manipulate any electronic device;
(6) apply any item of makeup./ Rep. CRAWFORD explained the amendment. Rep. D. C. SMITH moved to table the amendment. Rep. CRAWFORD demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are: Agnew Alexander Allison Anthony Bannister Barfield Battle Bingham Bowen Bowers Brady Branham G. A. Brown H. B. Brown R. L. Brown Cato Chalk Clemmons Clyburn Cole Daning Delleney Edge Erickson Forrester Frye Funderburk Gambrell Gilliard Govan Gunn Hardwick Harrison Hayes Hearn Hiott Horne Huggins Hutto Jefferson Jennings Kelly Knight Limehouse Littlejohn Long Lowe Lucas Mack McLeod Merrill Miller Millwood D. C. Moss V. S. Moss J. H. Neal J. M. Neal Neilson Norman Ott Owens Parker Pinson Sellers Simrill Skelton D. C. Smith J. E. Smith J. R. Smith Sottile Spires Stavrinakis Stewart Toole White Whitmire Williams Wylie A. D. Young T. R. Young
Those who voted in the negative are: Allen Bales Ballentine Brantley Crawford Duncan Hart Kennedy King Kirsh Loftis Nanney M. A. Pitts Scott G. M. Smith Stringer Thompson Umphlett Viers Weeks Willis
So, the amendment was tabled.
Rep. CRAWFORD proposed the following Amendment No. 7 (COUNCIL\NBD\12009AC10), which was tabled: Rep. CRAWFORD explained the amendment.
Rep. D. C. SMITH moved to table the amendment.
Those who voted in the affirmative are: Agnew Alexander Allen Allison Anthony Bannister Barfield Battle Bingham Bowen Bowers Brady Branham G. A. Brown H. B. Brown R. L. Brown Cato Chalk Clemmons Clyburn Cole Daning Delleney Edge Forrester Frye Funderburk Gambrell Gilliard Govan Haley Harrison Hiott Hodges Horne Huggins Hutto Jefferson Jennings Kelly Kirsh Knight Littlejohn Long Lowe Lucas Mack McEachern McLeod Merrill Miller Millwood D. C. Moss V. S. Moss J. H. Neal J. M. Neal Norman Owens Parker Pinson Simrill Skelton D. C. Smith J. R. Smith Sottile Spires Stavrinakis Stewart Toole White Whitmire Willis Wylie A. D. Young T. R. Young
Those who voted in the negative are: Bales Ballentine Bedingfield Crawford Duncan Hamilton Kennedy King Limehouse Loftis Nanney Neilson M. A. Pitts Scott G. M. Smith Stringer Thompson Umphlett Viers Williams
So, the amendment was tabled.
Rep. CRAWFORD proposed the following Amendment No. 8 (COUNCIL\NBD\12010AC10), which was tabled: Rep. CRAWFORD explained the amendment. Rep. D. C. SMITH moved to table the amendment. Rep. CRAWFORD demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are: Agnew Alexander Allen Allison Anthony Bannister Barfield Battle Bingham Bowen Bowers Brady Branham G. A. Brown H. B. Brown R. L. Brown Cato Chalk Clemmons Clyburn Cole Daning Delleney Dillard Edge Erickson Forrester Frye Funderburk Gambrell Gilliard Govan Haley Harrison Hearn Hiott Hodges Horne Huggins Hutto Jefferson Jennings Kelly King Kirsh Knight Limehouse Littlejohn Long Lowe Lucas Mack McEachern McLeod Miller Millwood D. C. Moss V. S. Moss J. H. Neal J. M. Neal Norman Ott Owens Parker Pinson Scott Simrill Skelton D. C. Smith J. R. Smith Sottile Spires Stavrinakis Stewart Toole Vick Weeks White Whitmire Willis Wylie A. D. Young T. R. Young
Those who voted in the negative are: Bales Ballentine Crawford Duncan Hamilton Hart Loftis Merrill Nanney M. A. Pitts G. M. Smith Stringer Thompson Umphlett Viers Williams
So, the amendment was tabled.
Reps. NEILSON, BALES, HARRISON, JENNINGS, RUTHERFORD, SELLERS, J. E. SMITH, HART, OTT, J. H. NEAL, GUNN and MCEACHERN proposed the following Amendment No. 13 (COUNCIL\NBD\12034AC10), which was adopted:
Rep. JENNINGS explained the amendment. The amendment was then adopted.
Rep. VIERS proposed the following Amendment No. 16 (COUNCIL\MS\7722AHB10), which was adopted: Rep. VIERS explained the amendment. Rep. OWENS moved to table the amendment. Rep. HALEY demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are: Anthony Bowen Brady Cole Daning Gambrell Harrison Hiott Horne Jennings Littlejohn Mack McLeod J. M. Neal Owens D. C. Smith Sottile A. D. Young
Those who voted in the negative are: Agnew Allen Allison Bales Ballentine Bannister Barfield Battle Bedingfield Bingham Bowers Branham Brantley G. A. Brown R. L. Brown Cato Chalk Clemmons Clyburn Crawford Delleney Dillard Duncan Edge Erickson Forrester Frye Funderburk Gilliard Govan Gunn Haley Hamilton Hardwick Hart Harvin Hayes Hearn Hodges Huggins Hutto Jefferson Kelly King Kirsh Knight Limehouse Loftis Lowe Lucas McEachern Miller Millwood D. C. Moss V. S. Moss Nanney J. H. Neal Neilson Norman Ott Parker Scott Simrill G. M. Smith G. R. Smith J. E. Smith J. R. Smith Spires Stewart Stringer Thompson Toole Umphlett Vick Viers Weeks White Williams Willis Wylie T. R. Young
So, the House refused to table the amendment. The amendment was then adopted.
Rep. VIERS proposed the following Amendment No. 19 (COUNCIL\MS\7725AHB10), which was tabled:
Rep. VIERS explained the amendment. Rep. BALLENTINE demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are: Agnew Alexander Allen Allison Anthony Bales Bannister Barfield Battle Bingham Bowen Bowers Brady Branham Brantley G. A. Brown H. B. Brown R. L. Brown Cato Chalk Clemmons Clyburn Cole Cooper Daning Delleney Edge Erickson Forrester Frye Funderburk Gambrell Gilliard Govan Haley Hamilton Harrison Harvin Hayes Hearn Hiott Hodges Horne Huggins Hutto Jefferson Jennings Kelly Kirsh Limehouse Littlejohn Lowe Lucas Mack McEachern McLeod Merrill Millwood D. C. Moss Nanney J. H. Neal Ott Owens Parker Pinson Simrill Skelton D. C. Smith G. R. Smith J. E. Smith J. R. Smith Sottile Spires Stavrinakis Stringer Toole Weeks White Whitmire Williams Wylie A. D. Young T. R. Young
Those who voted in the negative are: Ballentine Crawford Duncan Gunn King Knight Loftis Long Scott G. M. Smith Thompson Umphlett Viers Willis
So, the amendment was tabled.
Rep. VIERS proposed the following Amendment No. 20 (COUNCIL\MS\7726AHB10), which was tabled: Rep. VIERS explained the amendment. Rep. OWENS moved to table the amendment, which was agreed to.
Rep. VIERS proposed the following Amendment No. 23 (COUNCIL\MS\7729AHB10), which was tabled: Rep. VIERS explained the amendment. Rep. FORRESTER moved to table the amendment, which was agreed to.
Rep. CRAWFORD proposed the following Amendment No. 33 (COUNCIL\SWB\7194CM10), which was adopted:
Rep. CRAWFORD explained the amendment.
Rep. CRAWFORD proposed the following Amendment No. 34 (COUNCIL\SWB\7195CM10), which was adopted:
Rep. CRAWFORD explained the amendment.
Rep. T. R. YOUNG proposed the following Amendment No. 35 (COUNCIL\7189CM10KRL), which was adopted:
Rep. T. R. YOUNG explained the amendment.
Rep. G. R. SMITH proposed the following Amendment No. 36 (COUNCIL\MS\7720AHB10), which was adopted:
/ ( ) A violation of this section may be introduced as evidence of comparative negligence in a civil action. /
/ ( ) A violation of this section may be introduced as evidence of comparative negligence in a civil action. /
Rep. G. R. SMITH explained the amendment.
Rep. CRAWFORD proposed the following Amendment No. 37 (COUNCIL\SWB\7197CM10), which was adopted:
Rep. CRAWFORD explained the amendment.
Rep. CLYBURN proposed the following Amendment No. 43 (COUNCIL\SWB\8000CM10), which was adopted:
Rep. CLYBURN explained the amendment.
Rep. OTT proposed the following Amendment No. 44 (COUNCIL\SWB\7199CM10), which was adopted:
Rep. OTT explained the amendment. Rep. BALLENTINE spoke against the Bill. Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are: Agnew Alexander Allen Allison Anderson Anthony Bales Bannister Barfield Battle Bingham Bowen Bowers Brady Branham Brantley G. A. Brown H. B. Brown R. L. Brown Cato Chalk Clemmons Clyburn Cobb-Hunter Cole Cooper Crawford Daning Delleney Dillard Erickson Forrester Frye Funderburk Gambrell Gilliard Govan Gunn Harrell Harrison Hart Harvin Hayes Hearn Herbkersman Hiott Hodges Horne Howard Huggins Hutto Jefferson Jennings Kelly Kennedy King Kirsh Knight Limehouse Littlejohn Long Lowe Lucas Mack McEachern McLeod Merrill Miller Mitchell D. C. Moss V. S. Moss J. M. Neal Neilson Norman Ott Owens Parker Parks Pinson Sandifer Sellers Simrill Skelton D. C. Smith G. R. Smith J. E. Smith J. R. Smith Sottile Spires Stavrinakis Stewart Toole Weeks White Whitmire Williams A. D. Young T. R. Young
Those who voted in the negative are: Ballentine Bedingfield Duncan Edge Haley Hamilton Loftis Millwood Nanney M. A. Pitts Scott G. M. Smith Stringer Thompson Umphlett Viers Willis Wylie
So, the Bill, as amended, was read the second time and ordered to third reading.
As an active supporter of "Alive @ 25", including donating personal funds to pay for the inaugural class at Irmo High School, I am well aware of the risks each face driving on the roads of South Carolina. In particular, the risks to our youth (and by our youth), who do not have the years of experience that our adult drivers possess. For that reason, I would support a ban on texting and mobile phones for those under 18 years of age. The bill seems to be a duplication of laws already on the book (reckless driving). Furthermore, the bill would create additional burdens on law enforcement (to actually enforce the legislation). Lastly, the votes cast today do not seem consistent with providing true safety, awareness, or enforcement of other equally distracting events drivers see every day on our roads. Distractions are distractions. Whether it is 5 seconds or 15 seconds averting our eyes off the road or simply changing the radio station or putting a CD in the player. Whether "correcting" children's behavior in the back seat or females putting on makeup or males shaving. All are actions everyone will agree are not only dangerous, but also put lives in jeopardy. "Inattention" is the true danger while driving and it comes in more shapes than texting. Today we did not acknowledge that. It was and is my intention not to vote for legislation that "feels good" - especially when it comes at the expense of more government intrusion, duplicity, and ineffective penalties to curb the problem. Rep. Nathan Ballentine
I believe that any and all distractions while driving can create an unsafe condition on the roadways. Law enforcement officers have the authority to stop a vehicle for any reason they might determine, if they consider the vehicle is being operated in an unsafe manner. Present Code of Laws allowing an officer to stop and ticket a distracted driver, operating a vehicle in an unsafe condition, includes distraction due to texting. I am not in favor of texting while driving and support current laws allowing tickets and fines for this activity, which results in unsafe operation of a vehicle, thus making additional code sections unnecessary. Enforcement will be difficult and may cause other court complications with the State attempting to obtain necessary proof in a court setting. Other activities such as eating, changing the radio or GPS device, putting on makeup, smoking, or tending to misbehaving children are also distracting to the driver of a vehicle and can be considered as a detriment to safely operating a vehicle and could also result in a traffic violation. Rep. Dwight Loftis
Rep. SANDIFER moved that the House recur to the Morning Hour, which was agreed to.
On motion of Rep. MILLWOOD, with unanimous consent, the following was taken up for immediate consideration: H. 4729 (Word version) -- Rep. Millwood: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE LANDRUM HIGH SCHOOL GIRLS CROSS - COUNTRY TEAM, COACH, AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING AND COMMENDING THEM ON THEIR OUTSTANDING SEASON AND FOR CAPTURING THE 2009 CLASS A/AA STATE CHAMPIONSHIP TITLE. The Resolution was adopted.
The following was introduced: H. 4730 (Word version) -- Rep. Millwood: A HOUSE RESOLUTION TO CONGRATULATE THE LANDRUM HIGH SCHOOL GIRLS CROSS - COUNTRY TEAM ON CAPTURING THE 2009 CLASS A/AA STATE CHAMPIONSHIP TITLE, AND TO COMMEND THE RUNNERS AND COACH ON A SUCCESSFUL SEASON. The Resolution was adopted.
The following was introduced: H. 4731 (Word version) -- Rep. McEachern: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND THE KEENAN HIGH SCHOOL BOYS BASKETBALL TEAM FOR CAPTURING THE 2010 CLASS AA STATE CHAMPIONSHIP TITLE, AND TO HONOR THE TEAM'S EXCEPTIONAL PLAYERS, COACHES, AND STAFF. The Resolution was adopted.
The following was introduced: H. 4732 (Word version) -- Reps. Barfield, Viers, Simrill, G. R. Smith, Harrison, Bedingfield, Cato, Clemmons, Hamilton, Hardwick, Harrell, T. R. Young, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Bales, Ballentine, Bannister, Battle, Bingham, Bowen, Bowers, Brady, Branham, Brantley, G. A. Brown, H. B. Brown, R. L. Brown, Chalk, Clyburn, Cobb-Hunter, Cole, Cooper, Crawford, Daning, Delleney, Dillard, Duncan, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Gilliard, Govan, Gunn, Hart, Harvin, Hayes, Hearn, Herbkersman, Hiott, Hodges, Horne, Hosey, Howard, Huggins, Hutto, Jefferson, Jennings, Kelly, Kennedy, King, Kirsh, Knight, Limehouse, Littlejohn, Loftis, Long, Lowe, Lucas, Mack, McEachern, McLeod, Merrill, Miller, Millwood, Mitchell, D. C. Moss, V. S. Moss, Nanney, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parker, Parks, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scott, Sellers, Skelton, D. C. Smith, G. M. Smith, J. E. Smith, J. R. Smith, Sottile, Spires, Stavrinakis, Stewart, Stringer, Thompson, Toole, Umphlett, Vick, Weeks, Whipper, White, Whitmire, Williams, Willis, Wylie and A. D. Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE HONORABLE HALEY BARBOUR, GOVERNOR OF MISSISSIPPI, FOR HIS MANY YEARS OF PUBLIC SERVICE TO THE PEOPLE OF THE UNITED STATES, AND TO EXTEND TO HIM A CORDIAL WELCOME TO THE PALMETTO STATE ON MONDAY, MARCH 15, 2010. The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4733 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO REGULATION OF REAL PROPERTY OWNED AND LEASED BY THE DEPARTMENT, DESIGNATED AS REGULATION DOCUMENT NUMBER 4110, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4734 (Word version) -- Rep. Cooper: A BILL TO AMEND SECTION 12-6-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION OF THE INTERNAL REVENUE CODE TO STATE INCOME TAX LAWS, SO AS TO UPDATE THE REFERENCE TO THE INTERNAL REVENUE CODE TO THE YEAR 2009; TO ADOPT THE PROVISIONS OF PUBLIC LAW 111-126 RELATING TO THE TIMING OF DEDUCTIONS FOR CHARITABLE CONTRIBUTIONS FOR HAITI RELIEF; TO AMEND SECTION 12-6-50, AS AMENDED, RELATING TO PROVISIONS OF THE INTERNAL REVENUE CODE NOT ADOPTED BY STATE LAW, SO AS TO ADD PROVISIONS TO THOSE NOT ADOPTED; TO AMEND SECTION 12-6-3910, AS AMENDED, RELATING TO ESTIMATED STATE INCOME TAX PAYMENTS, SO AS TO ALLOW THE DEPARTMENT OF REVENUE TO WAIVE PENALTIES ON CORPORATE TAXPAYERS WHO CALCULATE SOUTH CAROLINA ESTIMATED TAX PAYMENTS BASED ON FEDERAL ESTIMATED TAX PERIODS THAT DO NOT CONFORM TO STATE LAW; AND TO AMEND ACT 110 OF 2007 AND ACT 16 OF 2009, RELATING TO MISCELLANEOUS REVENUE PROVISIONS AND CONFORMITY OF STATE INCOME TAX LAW TO THE INTERNAL REVENUE CODE, SO AS TO DELETE OBSOLETE PROVISIONS.
H. 4735 (Word version) -- Rep. Sellers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-760 SO AS TO DEFINE CERTAIN TERMS FOR PURPOSES OF THE SECTION AND TO PROVIDE AN ENHANCED PENALTY FOR PERSONS AFFILIATED WITH A SCHOOL IN AN OFFICIAL CAPACITY WHO COMMIT SEXUAL BATTERY AGAINST A STUDENT.
S. 1130 (Word version) -- Senator Grooms: A BILL TO AMEND SECTION 50-15-65, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALLIGATOR MANAGEMENT PROGRAM AND CONDITIONS UNDER WHICH ALLIGATORS MAY BE HUNTED OR TAKEN, SO AS TO PROHIBIT A DEPREDATION PERMIT HOLDER TO SELL, BARTER, OR TRADE THE PRIVILEGE TO TAKE AN ALLIGATOR; TO AMEND SECTION 50-9-20, AS AMENDED, RELATING TO THE DURATION OF HUNTING AND FISHING LICENSES, PERMITS, STAMPS, AND TAGS, SO AS TO FURTHER SPECIFY THESE DURATIONAL REQUIREMENTS; TO AMEND SECTION 50-9-30, RELATING TO THE REQUIREMENTS FOR OBTAINING A RESIDENT HUNTING OR FISHING LICENSE, SO AS TO FURTHER SPECIFY RESIDENCY REQUIREMENTS; TO AMEND SECTION 50-9-920, RELATING TO THE DEPOSITING OF REVENUE GENERATED BY THE SALE OF LICENSES INTO CERTAIN FUNDS, SO AS TO CHANGE THE NAME OF THE GAME PROTECTION FUND TO THE FISH AND WILDLIFE PROTECTION FUND AND TO PROVIDE THAT REVENUE GENERATED FROM APPLICATION FEES, PERMITS, AND TAGS FOR THE PRIVILEGE OF TAKING ALLIGATORS MUST BE USED TO SUPPORT THE ALLIGATOR MANAGEMENT PROGRAM; AND BY ADDING ARTICLE 6 TO CHAPTER 9, TITLE 50 SO AS TO PROVIDE APPLICATION REQUIREMENTS AND FEES FOR THE PRIVILEGE OF TAKING ALLIGATORS.
S. 1174 (Word version) -- Senators Leatherman, O'Dell and Setzler: A BILL TO AMEND SECTION 12-6-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION OF THE INTERNAL REVENUE CODE TO STATE INCOME TAX LAWS, SO AS TO UPDATE THE REFERENCE TO THE INTERNAL REVENUE CODE TO THE YEAR 2009; TO ADOPT THE PROVISIONS OF PUBLIC LAW 111-126 RELATING TO THE TIMING OF DEDUCTIONS FOR CHARITABLE CONTRIBUTIONS FOR HAITI RELIEF; TO AMEND SECTION 12-6-50, AS AMENDED, RELATING TO PROVISIONS OF THE INTERNAL REVENUE CODE NOT ADOPTED BY STATE LAW, SO AS TO ADD PROVISIONS TO THOSE NOT ADOPTED; TO AMEND SECTION 12-6-3910, AS AMENDED, RELATING TO ESTIMATED STATE INCOME PAYMENTS, SO AS TO ALLOW THE DEPARTMENT OF REVENUE TO WAIVE PENALTIES ON CORPORATE TAXPAYERS WHO CALCULATE SOUTH CAROLINA ESTIMATED TAX PAYMENTS BASED ON FEDERAL ESTIMATED TAX PERIODS THAT DO NOT CONFORM TO STATE LAW; AND TO AMEND ACT 110 OF 2007 AND ACT 16 OF 2009, RELATING TO MISCELLANEOUS REVENUE PROVISIONS AND CONFORMITY OF STATE INCOME TAX LAW TO THE INTERNAL REVENUE CODE, SO AS TO DELETE OBSOLETE PROVISIONS.
The following was introduced: H. 4736 (Word version) -- Rep. Bowers: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE LIFE AND SERVICE OF THE HONORABLE AND MRS. CLYDE ALFRED ELTZROTH, AND TO CELEBRATE THE ACCOMPLISHMENTS OF THIS FINE SON AND DAUGHTER OF SOUTH CAROLINA. Whereas, it is altogether fitting that the members of the South Carolina House of Representatives pause in their deliberations to consider the significant contributions and noteworthy legacy of Sara Carolina Platts Eltzroth and Clyde Alfred Eltzroth; and Whereas, born in McElroy, Louisiana, on July 10, 1916, Clyde Eltzroth moved to Varnville the following year with his parents, the late Angele Crosby Eltzroth Pinckney and Clyde Eltzroth; and Whereas, he graduated from Varnville High School in 1932 and served his country in the United States Navy during World War II from 1944 to 1946; and Whereas, Sara Carolina Platts was born to the late Rose Trowbridge Platts and Carl Shelton Platts on February 28, 1917, in the Hickory Grove Community of Hampton County; and Whereas, the valedictory graduate from the high school in Brunson in 1933, she went to Augusta to complete her education at Armstrong Business College; and Whereas, married in 1937, Sara and Clyde Eltzroth raised three fine children, Rose-Marie Eltzroth Williams, Judith Eltzroth Perryman, and Clyde A. "Jack" Eltzroth, who blessed them with seven adoring grandchildren and six great-grandsons; and Whereas, a devoted homemaker and church worker at Varnville United Methodist Church, Sara Eltzroth served as treasurer for the Orangeburg District and vice president for the Walterboro District United Methodist Women; and Whereas, for over forty years she raised money for the Cancer Society, and her extensive involvement in the American Legion Auxiliary led to her appointment as chaplain of the state organization for many years; and Whereas, she also served with grace and kindness as the chaplain and senior counselor for Girls State for twenty-three years and as the director of Girls State for three years; and Whereas, a charter member of the Hampton County Historical Society and the Varnville Area Housing Commission, Sara Eltzroth exhibited commitment to her local community and was well named 1978-1979 Citizen of the Year by the Lion's Club; and Whereas, beginning a long and illustrious career, Clyde Eltzroth was appointed tax collector after World War II for Hampton County from 1946 to 1953; and Whereas, during this time, he studied law at night with Randolph (Buster) Murdaugh, and from 1952 until 1975 they practiced law with J. Robert Peters, Jr., while Clyde Eltzroth also served on the board of visitors for Clemson University and as chairman of the South Carolina Marine and Resources Commission; and Whereas, from 1961 to 1964, he represented Hampton County in the South Carolina Legislature, and in 1975, he was elected Fourteenth Judicial Circuit judge by the General Assembly and also served as a special circuit judge from 1980 to 1991; and Whereas, he was named 1968 Conservationist of the Year by the South Carolina Wildlife Federation and was influential in establishing the Marine Resource Center in Charleston and the wildlife management graduate degree at Clemson University; and Whereas, in 2007, he was awarded a certificate for sixty-one years of continuous membership by the American Legion Post 108 of Hampton, and community appreciation for his exceptional contributions was recognized in many awards such as being named Hampton County's 1975 Outstanding Citizen by the Hampton County Rotary Club; and Whereas, the members of the South Carolina House of Representatives are grateful for the extraordinary contributions of this remarkable couple to their community and to our great State. Now, therefore, Be it resolved by the House of Representatives: That the members of the South Carolina House of Representatives, by this resolution, recognize and honor the lives and service of the Honorable and Mrs. Clyde Alfred Eltzroth, and celebrate the accomplishments of this fine son and daughter of South Carolina. Be it further resolved that a copy of this resolution be presented to the family of the Honorable and Mrs. Clyde Alfred Eltzroth. The Resolution was adopted.
Rep. SANDIFER moved to adjourn debate upon the following Bill until Thursday, March 11, which was adopted: H. 3354 (Word version) -- Reps. Chalk, Brantley, G. A. Brown, Clyburn, Erickson, Herbkersman and Sottile: A BILL TO AMEND SECTION 40-11-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM STATUTES APPLICABLE TO LICENSED CONTRACTORS, SO AS TO PROVIDE AN OWNER OF RESIDENTIAL PROPERTY WHO MAKES CERTAIN IMPROVEMENTS TO THE PROPERTY OWES TO A SUBSEQUENT OWNER OF THE PROPERTY THE SAME DUTY AS A LICENSED CONTRACTOR TO COMPLY WITH APPLICABLE BUILDING CODES AND STANDARDS.
Rep. SANDIFER moved to adjourn debate upon the following Bill until Thursday, March 11, which was adopted: S. 168 (Word version) -- Senators Cleary, Campsen, Rose, Bryant, Elliott and Hutto: A BILL TO AMEND SECTION 38-79-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEDICAL MALPRACTICE INSURANCE SO AS TO PROVIDE THAT A LICENSED HEALTH CARE PROVIDER WHO RENDERS MEDICAL SERVICES VOLUNTARILY AND WITHOUT COMPENSATION, AND SEEKS NO REIMBURSEMENT FROM CHARITABLE AND GOVERNMENTAL SOURCES, AND PROVIDES NOTICE TO THE PATIENT OR PATIENT'S PROVIDER IN A NON-EMERGENCY, IS NOT LIABLE FOR ANY CIVIL DAMAGES FOR ANY ACT OR OMISSION UNLESS THE ACT OR OMISSION WAS THE RESULT OF THE HEALTH CARE PROVIDER'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
Rep. BOWEN asked unanimous consent to recall H. 4285 (Word version) from the Committee on Agriculture, Natural Resources and Environmental Affairs.
WAYS AND MEANS On motion of Rep. BINGHAM, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means: S. 391 (Word version) -- Senators Ryberg, McConnell, Verdin, Bryant, Cleary, Campsen, Shoopman, Campbell, Rose, Davis, Bright, S. Martin and Sheheen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-29-300 SO AS CREATE THE WORKFORCE DEPARTMENT APPELLATE PANEL WITHIN THE DEPARTMENT OF WORKFORCE, TO PROVIDE FOR THE FILLING OF A VACANCY, TO REQUIRE THE PRESENT MEMBERS OF THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION MUST CONSTITUTE THE INITIAL MEMBERSHIP OF THE NEW PANEL, TO PROVIDE THE PANEL SHALL DISSOLVE WHEN THE MEMBERS' TERMS EXPIRE IN 2012, AND TO PROVIDE RELATED APPELLATE PROCEDURES; BY ADDING SECTION 41-29-310 SO AS TO TRANSFER THE WORKFORCE INVESTMENT ACT PROGRAM FROM THE DEPARTMENT OF COMMERCE TO THE DEPARTMENT OF WORKFORCE; TO AMEND SECTION 1-30-10, AS AMENDED, RELATING TO DEPARTMENTS WITHIN THE EXECUTIVE BRANCH OF STATE GOVERNMENT, SO AS TO CREATE THE SOUTH CAROLINA DEPARTMENT OF WORKFORCE WITHIN THE EXECUTIVE BRANCH; TO AMEND SECTION 41-29-10, RELATING TO THE EMPLOYMENT SECURITY COMMISSION, SO AS TO PROVIDE THAT CERTAIN CHAPTERS WITHIN TITLE 41 MUST BE ADMINISTERED BY THE DEPARTMENT OF WORKFORCE AND TO DELETE REFERENCES TO THE EMPLOYMENT SECURITY COMMISSION; TO AMEND SECTION 41-29-20, RELATING TO THE CHAIRMAN, QUORUM, AND FILLING OF A VACANCY ON THE EMPLOYMENT SECURITY COMMISSION, SO AS TO DELETE THE EXISTING LANGUAGE AND TO PROVIDE THE DEPARTMENT OF WORKFORCE MUST BE MANAGED AND OPERATED BY A DIRECTOR APPOINTED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE, AND THAT THE DIRECTOR IS SUBJECT TO REMOVAL BY THE GOVERNOR AT HIS DISCRETION BY EXECUTIVE ORDER; TO AMEND SECTION 41-29-30, RELATING TO THE APPOINTMENT OF A SECRETARY OF THE EMPLOYMENT SECURITY COMMISSION, SO AS TO DELETE THE EXISTING LANGUAGE AND PROVIDE THE DIRECTOR OF THE DEPARTMENT OF WORKFORCE OR HIS DESIGNEE MUST RECEIVE ANNUAL COMPENSATION AS PROVIDED BY THE GENERAL ASSEMBLY AND OFFICIAL EXPENSES AS PROVIDED BY LAW FOR EXECUTING THE DUTIES AND FUNCTIONS OF THE DEPARTMENT; TO AMEND SECTION 8-17-370, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STATE EMPLOYEE GRIEVANCE PROCESS, SO AS TO INCLUDE EMPLOYEES OF THE DEPARTMENT OF WORKFORCE AMONG THOSE EXEMPTED; TO AMEND SECTIONS 41-27-10, 41-27-30, 41-27-150, 41-27-160, 41-27-190, 41-27-210, AS AMENDED, 41-27-230, 41-27-235, AS AMENDED, 41-27-260, AS AMENDED, 41-27-360, 41-27-370, AS AMENDED, 41-27-380, 41-27-390, 41-27-510, 41-27-550, 41-27-560, 41-27-570, 41-27-580, 41-27-600, 41-27-610, 41-27-620, 41-27-630, 41-27-670, 41-29-40, 41-29-50, 41-29-60, 41-29-70, 41-29-80, 41-29-90, 41-29-100, 41-29-110, 41-29-120, AS AMENDED, 41-29-130, 41-29-140, 41-29-150, 41-29-170, AS AMENDED, 41-29-180, 41-29-190, 41-29-200, 41-29-210, 41-29-220, 41-29-230, 41-29-240, 41-29-250, 41-29-270, 41-29-280, 41-29-290, 41-33-10, 41-33-20, 41-33-30, 41-33-40, 41-33-45, 41-33-80, AS AMENDED, 41-33-90, 41-33-100, 41-33-110, 41-33-120, 41-33-130, 41-33-170, 41-33-180, 41-33-190, 41-33-200, 41-33-210, 41-33-430, 41-33-460, 41-33-470, 41-33-610, 41-33-710, 41-35-10, 41-35-30, 41-35-100, 41-35-110, AS AMENDED, 41-35-115, AS AMENDED, 41-35-120, AS AMENDED, 41-35-125, 41-35-126, 41-35-130, AS AMENDED, 41-35-140, 41-35-330, 41-35-340, 41-35-410, 41-35-420, AS AMENDED, 41-35-450, 41-35-610, 41-35-630, 41-35-640, AS AMENDED, 41-35-670, 41-35-680, AS AMENDED, 41-35-690, 41-35-700, 41-35-710, AS AMENDED, 41-35-720, 41-35-730, 41-35-740, 41-35-750, AS AMENDED, 41-37-20, 41-37-30, 41-39-30, 41-39-40, 41-41-20, AS AMENDED, 41-41-40, AS AMENDED, 41-41-50, 41-42-10, 41-42-20, 41-42-30, AND 41-42-40, ALL RELATING TO VARIOUS DEPARTMENT PROVISIONS, SO AS TO CONFORM THEM TO THE REPLACEMENT OF THE EMPLOYMENT SECURITY COMMISSION WITH THE DEPARTMENT OF WORKFORCE; AND TO REPEAL SECTION 41-29-260 RELATING TO THE ABILITY OF COMMISSIONERS OF THE EMPLOYMENT SECURITY COMMISSION TO FILE OPINIONS OR OFFICIAL MINUTES.
Rep. KENNEDY asked unanimous consent to recall H. 3340 (Word version) from the Committee on Education and Public Works.
Rep. BOWEN asked unanimous consent to recall H. 3132 (Word version) from the Committee on Agriculture, Natural Resources and Environmental Affairs.
Rep. KENNEDY asked unanimous consent to recall H. 3492 (Word version) from the Committee on Ways and Means.
The Senate Amendments to the following Bill were taken up for consideration: H. 3442 (Word version) -- Reps. Bingham, Harrell, Duncan, Harrison, Owens, Toole, Merrill, Brady, E. H. Pitts, G. M. Smith, Daning, Haley, Huggins, Cato, Ballentine, D. C. Smith, J. R. Smith, Rice, T. R. Young, Horne, Wylie, Bedingfield, Clemmons, Bales, Lucas, Neilson, Long, J. M. Neal and M. A. Pitts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-29-300 SO AS CREATE THE WORKFORCE DEPARTMENT APPELLATE PANEL WITHIN THE DEPARTMENT OF WORKFORCE, TO PROVIDE FOR THE FILLING OF A VACANCY, TO REQUIRE THE PRESENT MEMBERS OF THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION MUST CONSTITUTE THE INITIAL MEMBERSHIP OF THE NEW PANEL, TO PROVIDE THE PANEL SHALL DISSOLVE WHEN THE MEMBERS' TERMS EXPIRE IN 2012, AND TO PROVIDE RELATED APPELLATE PROCEDURES; BY ADDING SECTION 41-29-310 SO AS TO TRANSFER THE WORKFORCE INVESTMENT ACT PROGRAM FROM THE DEPARTMENT OF COMMERCE TO THE DEPARTMENT OF WORKFORCE; TO AMEND SECTION 1-30-10, AS AMENDED, RELATING TO DEPARTMENTS WITHIN THE EXECUTIVE BRANCH OF STATE GOVERNMENT, SO AS TO CREATE THE SOUTH CAROLINA DEPARTMENT OF WORKFORCE WITHIN THE EXECUTIVE BRANCH; TO AMEND SECTION 41-29-10, RELATING TO THE EMPLOYMENT SECURITY COMMISSION, SO AS TO PROVIDE THAT CERTAIN CHAPTERS WITHIN TITLE 41 MUST BE ADMINISTERED BY THE DEPARTMENT OF WORKFORCE AND TO DELETE REFERENCES TO THE EMPLOYMENT SECURITY COMMISSION; TO AMEND SECTION 41-29-20, RELATING TO THE CHAIRMAN, QUORUM, AND FILLING OF A VACANCY ON THE EMPLOYMENT SECURITY COMMISSION, SO AS TO DELETE THE EXISTING LANGUAGE AND TO PROVIDE THE DEPARTMENT OF WORKFORCE MUST BE MANAGED AND OPERATED BY A DIRECTOR APPOINTED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE, AND THAT THE DIRECTOR IS SUBJECT TO REMOVAL BY THE GOVERNOR AT HIS DISCRETION BY EXECUTIVE ORDER; TO AMEND SECTION 41-29-30, RELATING TO THE APPOINTMENT OF A SECRETARY OF THE EMPLOYMENT SECURITY COMMISSION, SO AS TO DELETE THE EXISTING LANGUAGE AND PROVIDE THE DIRECTOR OF THE DEPARTMENT OF WORKFORCE OR HIS DESIGNEE MUST RECEIVE ANNUAL COMPENSATION AS PROVIDED BY THE GENERAL ASSEMBLY AND OFFICIAL EXPENSES AS PROVIDED BY LAW FOR EXECUTING THE DUTIES AND FUNCTIONS OF THE DEPARTMENT; TO AMEND SECTION 8-17-370, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STATE EMPLOYEE GRIEVANCE PROCESS, SO AS TO INCLUDE EMPLOYEES OF THE DEPARTMENT OF WORKFORCE AMONG THOSE EXEMPTED; TO AMEND SECTIONS 41-27-10, 41-27-30, 41-27-150, 41-27-160, 41-27-190, 41-27-210, AS AMENDED, 41-27-230, 41-27-235, AS AMENDED, 41-27-260, AS AMENDED, 41-27-360, 41-27-370, AS AMENDED, 41-27-380, 41-27-390, 41-27-510, 41-27-550, 41-27-560, 41-27-570, 41-27-580, 41-27-600, 41-27-610, 41-27-620, 41-27-630, 41-27-670, 41-29-40, 41-29-50, 41-29-60, 41-29-70, 41-29-80, 41-29-90, 41-29-100, 41-29-110, 41-29-120, AS AMENDED, 41-29-130, 41-29-140, 41-29-150, 41-29-170, AS AMENDED, 41-29-180, 41-29-190, 41-29-200, 41-29-210, 41-29-220, 41-29-230, 41-29-240, 41-29-250, 41-29-270, 41-29-280, 41-29-290, 41-33-10, 41-33-20, 41-33-30, 41-33-40, 41-33-45, 41-33-80, AS AMENDED, 41-33-90, 41-33-100, 41-33-110, 41-33-120, 41-33-130, 41-33-170, 41-33-180, 41-33-190, 41-33-200, 41-33-210, 41-33-430, 41-33-460, 41-33-470, 41-33-610, 41-33-710, 41-35-10, 41-35-30, 41-35-100, 41-35-110, AS AMENDED, 41-35-115, AS AMENDED, 41-35-120, AS AMENDED, 41-35-125, 41-35-126, 41-35-130, AS AMENDED, 41-35-140, 41-35-330, 41-35-340, 41-35-410, 41-35-420, AS AMENDED, 41-35-450, 41-35-610, 41-35-630, 41-35-640, AS AMENDED, 41-35-670, 41-35-680, AS AMENDED, 41-35-690, 41-35-700, 41-35-710, AS AMENDED, 41-35-720, 41-35-730, 41-35-740, 41-35-750, AS AMENDED, 41-37-20, 41-37-30, 41-39-30, 41-39-40, 41-41-20, AS AMENDED, 41-41-40, AS AMENDED, 41-41-50, 41-42-10, 41-42-20, 41-42-30, AND 41-42-40, ALL RELATING TO VARIOUS DEPARTMENT PROVISIONS, SO AS TO CONFORM THEM TO THE REPLACEMENT OF THE EMPLOYMENT SECURITY COMMISSION WITH THE DEPARTMENT OF WORKFORCE; AND TO REPEAL SECTION 41-29-260 RELATING TO THE ABILITY OF COMMISSIONERS OF THE EMPLOYMENT SECURITY COMMISSION TO FILE OPINIONS OR OFFICIAL MINUTES.
Rep. BINGHAM proposed the following Amendment No. 3A (COUNCIL\AGM\19924AB10), which was adopted:
Creation of Workforce Department Appellate Panel, Transfer of Workforce Management Act Program to Department of Workforce, Creation of Department of Workforce, and Replacement of the Employment Security Department With the Department of Workforce SECTION 1. Chapter 29, Title 41 of the 1976 Code is amended by adding: "Section 41-29-300. (A) There is created the Workforce Department Appellate Panel within the Department of Workforce, which is separate and distinct from the department's divisions. The sole purpose of the panel is to hear and decide appeals from decisions of the department's divisions. (B)(1) The panel initially must be comprised of the members of the South Carolina Employment Security Commission serving on the day before the effective date of this act. These initial panel members may serve in that temporary capacity until their successors are elected pursuant to this section. (2) The members of the appellate panel must be elected by the General Assembly, in joint session, for terms of four years and until their successors have been elected and qualified, commencing on the first day of July in each presidential election year. Initial elections for members of the appellate panel must be held before May 22, 2010. (3) The appellate panel must elect one of its members to be chairman. A vacancy must be filled by the Governor through a temporary appointment until the next session of the General Assembly, at which time a joint session of the General Assembly shall elect an appellate panelist to fill the unexpired term. (4) The appellate panelists shall receive such compensation as may be established under the provisions of Section 8-11-160 and for which funds have been authorized in the general appropriations act but not to exceed compensation that is commensurate with their hearing duties. (C)(1) A party may only appeal from a decision of the department directly to the panel. A party may only appeal a decision of the panel to administrative law court in the manner provided in Section 41-35-750. (D) A quorum must consist of two panel members and is necessary to hear or decide an appeal under item (C)(1). A decision of the panel must be rendered in writing and is subject to disclosure under the Freedom of Information Act. (E)(1) The Department of Workforce Review Committee must screen a person and find him qualified before he may be elected to serve as a member of the appellate panel. The qualifications that each panelist must possess, include, but are not limited to: (a) a baccalaureate or more advanced degree from: (i) a recognized institution of higher learning requiring face-to-face contact between its students and instructors prior to completion of the academic program; (ii) an institution of higher learning that has been accredited by a regional or national accrediting body; or (iii) an institution of higher learning chartered before 1962; or (b) a background of at least five years in any combination of the following fields of expertise: (i) general business administration; (ii) general business management; (iii) management at the Department of Workforce, or its predecessor; (iv) human resources management; (v) finance; or (vi) law. (2) A member of the General Assembly may not be elected to serve as a panelist or appointed to be a panelist while serving in the General Assembly; nor shall a member of the General Assembly be elected or appointed to be a panelist for a period of two years after the member either: (a) ceases to be a member of the General Assembly; or (b) fails to file for election to the General Assembly in accordance with Section 7-11-15. (3) When screening an appellate panel candidate and making its findings regarding the candidate, the South Carolina Department of Workforce Review Committee must give due consideration to a person's ability, area of expertise, dedication, compassion, common sense, and integrity. (F)(1) A panelist is bound by the Code of Judicial Conduct, as contained in Rule 501 of the South Carolina Appellate Court Rules, and the State Ethics Commission is responsible for enforcement and administration of Rule 501 pursuant to Section 8-13-320. A panelist must also comply with the applicable requirements of Chapter 13 of Title 8.
(2) A panelist and his administrative assistant must annually attend and successfully complete a workshop of at least three continuing education hours in ethics.
"Section 41-29-310. The Workforce Investment Act program created by the Workforce Investment Act of 1988 and transferred to the Department of Commerce by Executive Order 2005-09 is transferred to the Department of Workforce on the effective date of this section." "(A) There are hereby created, within the executive branch of the state government, the following departments: 1. Department of Agriculture 2. Department of Alcohol and Other Drug Abuse Services 3. Department of Commerce 4. Department of Corrections 5. Department of Disabilities and Special Needs 6. Department of Education 7. Department of Health and Environmental Control 8. Department of Health and Human Services 9. Department of Insurance 10. Department of Juvenile Justice
11. Department of Labor, Licensing 12. Department of Mental Health 13. Department of Natural Resources 14. Department of Parks, Recreation and Tourism
15. Department of Probation, Parole 16. Department of Public Safety 17. Department of Revenue 18. Department of Social Services 19. Department of Transportation
20. Department of Workforce"
"Section 41-29-10. Chapters 27 through 41 of this title shall be administered by the South Carolina
"Section 41-29-20. (A)
(B) Notwithstanding another provision of law and according to the procedure in this subsection, the Governor must appoint a person meeting the experience and educational requirements for executive director provided in this act to serve as interim executive director before April 15, 2010. this interim executive director shall serve until a successor is appointed pursuant to this act but may not serve as interim director after March 31, 2011. The interim executive director must be appointed upon the advice and consent of the Senate."
"( ) the executive director, assistant directors, and the area directors of the South Carolina Department of Workforce created pursuant to Section 1-30-10(A)(20)." "Section 41-27-650. (A) The Department of Commerce and the Department of Workforce must work in conjunction to develop or procure computer hardware, software, and other equipment that are compatible with each other as needed to efficiently address the state's policy goals as set forth in Section 41-27-20. Once information technology is attained, the departments must regularly develop reports that address relevant workforce issues and make the reports available to workforce training entities, including, but not limited to, the State Board for Technical and Comprehensive Education, the Commission on Higher Education, and the State Agency of Vocational Rehabilitation. Additionally, the departments must promptly respond to inquiries for information made by education and workforce training entities. (B) The department must work in conjunction with the State Budget and Control Board to coordinate its computer system with computer systems of other state agencies so that the department may more efficiently match unemployed persons with available jobs. The department must provide a progress report concerning implementation of this subsection to the Chairman of the Senate Labor, Commerce and Industry Committee, the Chairman of the House of Representatives Ways and Means Committee, the Department of Workforce Review Committee, and the Governor every three months until fully implemented.
(C) This section is not intended to restrict or hinder the development of an unemployment benefits system financed in whole or in part by the United States Department of Labor."
"Section 41-33-45. (A) The (B)(1) The annual assessment report must contain a trend chart concerning the unemployment trust fund's annual balance each year for at least the previous five years. The chart must compare the ending balance for each year with the minimum reserves needed to withstand an average recession and a severe recession.
(2) The annual assessment report must also contain an analysis of the cost paid to beneficiaries and cost-shifting, if any, from companies without a negative balance in their account fund to companies with a negative balance in their fund account. The analysis must be conducted with accepted actuarial principles on the basis of statistics of employment, business activity, and other relevant factors for the longest possible period. The analysis must also include recommendations for adjusting the tax structure to address inequities that arise due to cost shifting."
"Section 41-31-10. (A) Each employer shall pay contributions equal to five and four-tenths percent of wages paid by him during each year except as may be otherwise provided in Chapters 27 through 41 of this title. Employers may prepay their required contributions to the fund. The department must promulgate regulations regarding the methodology by which the allowed prepayment amounts will be calculated and the manner in which they will be credited to the employer's account."
"Section 41-27-10. Chapters 27 through 41 of this title shall be known and may be cited as the 'South Carolina
"Section 41-27-30. Nothing in Chapters 27 through 41 of this
"Section 41-27-150. 'Base period' means the first four of the last five completed calendar quarters immediately preceding the first day of an individual's benefit year
"Section 41-27-160. 'Benefit year' means the one-year period beginning with the day as of which an insured worker first files a request for determination of his insured status, and
"Section 41-27-190. '
"(11) For purposes of paragraphs (2), (6), (7), and (8), employment
"(10)
"(2) A Native American
"Section 41-27-260. The term 'employment' as used in Chapters 27 through 41 of this title (1) labor engaged in the seafood industry, which is defined as persons employed in the commercial netting, catching, and gathering of seafood, and the processing of such seafood for the fresh market; (2) casual labor not in the course of the employing unit's trade or business; (3) service performed by an individual in the employ of his son, daughter, or spouse and service performed by a child under the age of eighteen in the employ of his father or mother;
(4) service performed in the employ of the United States Government or
(5) service performed after December 31, 1977, in the employ of a governmental entity referred to in Section 41-27-230(2)(b), if
(a)
(b)
(c)
(d)
(e) in a position
(6) service with respect to which unemployment compensation is payable under an unemployment compensation system established by an act of Congress; provided, that the
(7) service other than service performed as defined in Section 41-27-230(3) performed in the employ of a corporation, community chest, fund or foundation, organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary, or educational purposes, or for the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private shareholder or individual, no substantial part of the activities of which is carrying on propaganda, or otherwise attempting to influence legislation, and which does not participate in, or intervene in (including the publishing or distributing of statements),
(8) service other than service performed as defined in Section 41-27-230(3)
(9) the term 'employment'
(a) service performed in the employ of a school, college, or university, if
(i)
(ii)
(b) service performed by an individual under the age of twenty-two who is enrolled at a nonprofit or public educational institution
(c) service performed in the employ of a hospital, if (10) for the purposes of Section 41-27-230(2) and (3), 'employment' does not include service performed: (a) in the direct employ of a church, convention, or association of churches or an organization operated primarily for religious purposes and which is operated, supervised, controlled, or principally supported by a church, convention, or association of churches; or (b) by an ordained, a commissioned, or a licensed minister of a church in the exercise of his ministry or by a member of a religious order in the exercise of duties required by the order; or (c) in a facility conducted for the purpose of carrying out a program of rehabilitation for individuals whose earning capacity is impaired by age, physical or mental deficiency, or injury or providing remunerative work for individuals who because of their impaired physical or mental capacity cannot be absorbed readily in the competitive labor market by an individual receiving rehabilitation or remunerative work; or (d) before January 1, 1978, for a hospital in a state prison or other state correctional institution by an inmate of the prison or correctional institution and after December 31, 1977, by an inmate of a custodial or penal institution; or (e) as part of an unemployment work-relief or work-training program assisted or financed in whole or in part by a federal agency, an agency or political subdivision of a state, or an individual receiving work relief or work training, unless a federal law, rule, or regulation mandates unemployment insurance coverage to individuals in a particular work-relief or work-training program; or
(f) by an inmate who participates in a project designated by the Director of the Bureau of Justice Assistance pursuant to Public Law 90-351 (11) service performed by an individual under the age of eighteen in the delivery or distribution of newspapers or shopping news, not including delivery or distribution to any point for subsequent delivery or distribution;
(12) service performed as a student nurse in the employ of a hospital or a nurses' training school by an individual
(13) service performed by an individual for an employer as an insurance agent or as an insurance solicitor, if
(14) service other than service performed as defined in Section 41-27-230(3) by an individual for an employer as a real estate salesman or agent, if
(15) service performed in the employ of a foreign government, including service as a consular or other officer or employee or a nondiplomatic representative
(16) 'agricultural labor' as
(17)
"Section 41-27-360. 'Statewide average weekly wage' means the amount computed by the
"Section 41-27-370. (1) An individual is
(2) An individual is
In the event the individual has participated in
(a)
(b)
(c) This provision is effective for all weeks commencing on or after August 29, 1982.
For purposes of this subsection, social security benefits are not considered a governmental or other pension, retirement or retired pay, annuity, or other similar periodic payment attributable to the beneficiary's employment. As a result, the offset of social security will be reduced from
(3)
(4)
"Section 41-27-380.
(2) For the purpose of Chapter 31, Article 1, of this title, 'wages' does not include
"Section 41-27-390. 'Week' means calendar week or
"Section 41-27-510. The
"Section 41-27-550. The
"Section 41-27-560.
"Section 41-27-570. In case of a suit to enjoin the collection of the contributions provided for in Chapters 27 through 41 of this title, to test the validity of
"Section 41-27-580. In
"Section 41-27-600. The
"Section 41-27-610. The failure to do
"Section 41-27-620. The certificate of the
"Section 41-27-630.
"Section 41-29-40. There are created under the
"Section 41-29-50. The
"Section 41-29-70. Subject to the provisions of Chapters 27 through 41 of this title, the
"Section 41-29-80. The
(1) classify all positions under Chapters 27 through 41 of this title
(2)
"Section 41-29-110. The
"Section 41-29-120. (A)(1) The
(a) reduce and prevent unemployment
(b)
(c)
(d) (e) promote the joint electronic filing of Employer Unemployment Insurance Benefits Payments and Reports in conjunction with South Carolina Business One Stop to provide employment units a single point of contact for reporting and paying state taxes. (2) While pursuing these goals, the department also shall carry on and publish the results of statistical surveys, investigations, and research studies.
(B) The
(1)
(2)
(3)
(4)
(5)
(C) As used in this section, 'employing unit' means (D) The department must institute the following measures to the fullest extent possible under state and federal law: (1) increase eligibility reviews and investigations as to violations of Sections 41-35-110 and 41-35-120 and enforce appropriate disqualifications and penalties; (2) increase investigations of violations of Chapter 41, Title 41 and enforce appropriate penalties; (3) increase investigations of violations of Article 3, Chapter 31, Title 41 and enforce appropriate penalties; (4) keep detailed voting and attendance records at all department and appellate panel hearings and make them available to the General Assembly; (5) keep detailed travel and expense records for department employees and appellate panelists and make them available to the General Assembly; (6) continue to work with the South Carolina Budget and Control Board and Office of Research and Statistics to develop and continuously improve a customer service portal, to include increased interagency integration and data sharing, and keep the General Assembly regularly informed of its progress in upgrading its computer system through a possible multistate compact in cooperation with the federal government; (7) report to the Chairman of the House Ways and Means Committee and the Chairman of the Senate Labor, Commerce and Industry Committee within five days of the effective date of this act as to the degree the department can accomplish or cannot accomplish each subitem in this subsection, and provide reasons why a subitem cannot be accomplished if the department cannot do so; (8) report to the Chairman of the House Ways and Means Committee and the Chairman of the Senate Labor, Commerce and Industry Committee on the first day of each month in Fiscal Years 2010 and 2011 on the progress of each request; and
(9) take all other actions necessary and prudent to effectively and efficiently manage the state's unemployment benefits program."
"Section 41-29-140. The
(1)
(2) The (a) applying the base period of a single state law to a claim involving the combining of an individual's wages and employment covered under two or more state unemployment compensation laws, and
(b) avoiding the duplicate use of wages and employment by reason of
(3)
"Section 41-29-150.
"Section 41-29-170. (A) A claimant or
(B)(1) Upon written request, the
(2) This disclosure
(C)(1) The State Employment Office
The requesting agency is responsible for reimbursing the
"Section 41-29-180. The
"Section 41-29-190. In the discharge of the duties imposed by Chapters 27 through 41 of this title, the
"Section 49-21-200.
"Section 41-29-210. (1) In case of contumacy by
(2)
"Section 41-29-220. The
"Section 41-29-230. (1) In the administration of Chapters 27 through 41 of this title, the
(2) In the administration of the provisions in Chapter 35, Article 3 of this Title, which are enacted to conform with the requirements of the Federal-State Extended Unemployment Compensation Act of 1970, the
(a)
(b)
"Section 41-29-240. The
"Section 41-29-250. (A) print and make available for public distribution the text of Chapters 27 through 41 of this title and its: (1) regulations; (2) annual reports to the Governor and General Assembly; and (3) other material the department considers relevant and suitable; and
(B) furnish this material to a person on request and make it available on its internet web site."
"Section 41-29-270. Notwithstanding the provisions of Chapters 27 through 41 of this title, the
"Section 41-29-280. Not later than the fifteenth day of January of
"Section 41-29-290.
"Section 41-33-10. There is established a special fund, to be known as the unemployment compensation fund, which (1) All contributions and payments in lieu of contributions collected under Chapters 27 through 41 of this title;
(2) interest earned
(3)
(4)
(5)
(6)
(7)
"Section 41-33-20. Subject to the provisions of Chapter 27 through 41 of this title, the
"Section 41-33-30. The State Treasurer
"Section 41-33-40. All
(a) (b) an unemployment trust fund account; and
(c) a benefit account.
"Section 41-33-80. Except as provided in Section 41-33-180,
"Section 41-33-90. The
"Section 41-33-100. Such lump sum amounts when received by the
"Section 41-33-110. The
"Section 41-33-120.
"Section 41-33-130.
"Section 41-33-170.
"Section 41-33-180.
"Section 41-33-190. The
"Section 41-33-200.
"Section 41-33-210. The provisions of this article to the extent that they relate to the unemployment trust fund
"Section 41-33-430.
"Section 41-33-460.
"Section 41-33-470. The
"Section 41-33-610. (
(
(1) replacements in the employment security administration fund as provided in Section 41-33-460
(2) refunds pursuant to Section 41-31-360 of interest erroneously collected (3) special, extraordinary, and incidental expenses incurred in the administration of Chapters 27 through 41 of this title not provided for in the employment security administration fund and for which federal funds are not granted by the Federal Government through the Secretary of Labor or its other agencies.
(C)
"Section 41-33-710. (
( (1) assist with the reemployment of unemployed workers using the most efficient and effective means of service delivery;
(2) undertake
(3) supplement basic employment security services
(4) provide employment services, (5) provide otherwise unobtainable information and analysis to the legislature and program managers about issues related to employment and unemployment.
(C)
"Section 41-35-30. (A) When
(1)
(2)
(3)
(4)
(5)
(B)
(C) Payment to
"Section 41-35-100. The
"Section 41-35-110. An unemployed insured worker
(1)
(2)
(3)
(a) notwithstanding
(b) (c) no claimant shall be eligible to receive benefits or waiting period credit following the completion of a temporary work assignment unless the claimant shows that he informed the temporary employment agency that provided the assignment of the assignment's completion, has maintained on-going weekly contact with the agency after completion of the assignment, and that the agency has not provided a subsequent assignment for which the claimant's prior training or experience shows him to be fitted or qualified.
(4)
(a) unless it occurs within the benefit year
(b) if
(c) unless the individual was eligible for
(5)
(6) (a) the individual has completed such services; or
(b) there is justifiable cause for the claimant's failure to participate in
"Section 41-35-115. Notwithstanding
"Section 41-35-120. An
(1) leaving work voluntarily. If the
(2) Discharge for cause connected with the employment. If the (3)(a) Discharge for illegal drug use, and is ineligible for benefits beginning with the effective date of the request and continuing until he has secured employment and shows to the satisfaction of the department that he has performed services in employment as defined by Chapters 27 through 41 of this title and earned wages for those services equal to at least eight times the weekly benefit amount of his claim if the: (i) company has communicated a policy prohibiting the illegal use of drugs, the violation of which may result in termination; and (ii) insured worker fails or refuses to provide a specimen pursuant to a request from the employer, or otherwise fails or refuses to cooperate by providing an adulterated specimen; or (iii) insured worker provides a blood, hair, or urine specimen during a drug test administered on behalf of the employer, which tests positive for illegal drugs or legal drugs used unlawfully, provided: (A) the sample was collected and labeled by a licensed health care professional or another individual authorized to collect and label test samples by federal or state law, including law enforcement personnel; and (B) the test was performed by a laboratory certified by the National Institute on Drug Abuse, the College of American Pathologists or the State Law Enforcement Division; and
(C) (iv) for purposes of this item, 'unlawfully' means without a prescription.
(
(
( (i) wilful or reckless employee damage to employer property that results in damage of more than fifty dollars; (ii) employee consumption of alcohol or being under the influence of alcohol on employer property in violation of a written company policy restricting or prohibiting consumption of alcohol; (iii) employee theft of items valued at more than fifty dollars; (iv) failure to comply with applicable state or federal drug and alcohol testing and use regulations including, but not limited to, 49 C.F.R. part 40 and part 382 of the federal motor carrier safety regulations, while on the job or on duty, and regulations applicable for employees performing transportation and other safety sensitive job functions as defined by the federal government; (v) employee committing criminal assault or battery of another employee or a customer; (vi) employee committing criminal abuse of patient or child in his professional care; (vii) employee insubordination, which is defined as willful failure to comply with a lawful, reasonable order of a supervisor directly related to the employee's employment as described in an applicable written job description; or (viii) employee wilful neglect of duty directly related to the employee's employment as described in an applicable written job description. (5) failure to accept work.
(a) If the
(i)(
(b) In determining whether
(c) Notwithstanding
(i) if the position offered is vacant due directly to a strike, lockout, or other labor dispute
(ii) if the wages, hours, or other conditions of the work offered are substantially less favorable to the individual than those prevailing for similar work in the locality (iii) if, as a condition of being employed, the individual would be required to join a company union or to resign from or refrain from joining any bona fide labor organization.
(d) Notwithstanding
(e) Notwithstanding
(
(a)
(b)
(
(
"Section 41-35-125. (A) Notwithstanding the provisions of Section 41-35-120, an individual is eligible for waiting week credit and for unemployment compensation if the (1) reasonably fears future domestic abuse at or en route to the workplace; (2) needs to relocate to avoid future domestic abuse; or (3) reasonably believes that leaving work is necessary for his safety or the safety of his family.
(B) When determining if an individual has experienced domestic abuse for the purpose of receiving unemployment compensation, the
(C)
"Section 41-35-126. Notwithstanding the provisions of Section 41-35-120, an individual is eligible for waiting week credit and for unemployment compensation if the
"Section 41-35-130.
(1) voluntarily leaving his most recent work without good cause
(2) discharge from his most recent work for misconduct; or
(1) voluntarily left his most recent employment with that employer without good cause
(2) was discharged from his most recent employment with that employer for misconduct connected with his work
(3) subsequent to his most recent employment refused without good cause to accept an offer of suitable work made by that employer if
"Section 41-35-140.
(1) the amount specified by the individual to the
(2) the amount, if any, determined pursuant to an agreement submitted to the
(3)
"Section-41-35-330.
"Section 41-35-340.
(1)
(2)
"Section 41-35-410. Except when the result would be inconsistent with the other provisions of this section, as provided in the regulations of the
"Section 41-35-420.
If the disqualification
"Section 41-35-450.
"Section 41-35-610.
"Section 41-35-630.
"Section 41-35-640.
"Section 41-35-670.
"Section 41-35-680. Unless an appeal is withdrawn, an appeal tribunal, after affording the parties reasonable opportunity for a fair hearing, after notice of not less than seven days,
"Section 41-35-690. The procedure
"Section 41-35-700. (A) To hear and decide appeal claims, the
(1) a referee, selected (2) a body consisting of three members, one of whom:
(a)
(b) one of whom
(c) the
(B) Each of the latter two members shall serve at the pleasure of the
"Section 41-35-710. The
"Section 41-35-720. The
"Section 41-35-730. Witnesses subpoenaed pursuant to this article
"Section 41-35-740.
"Section 41-35-750. Within thirty days from the date of mailing "Section 41-35-760. (A) The department must promulgate all regulations described in this chapter and regulations governing procedures at all proceedings, hearings, and appeals before the department or any member or employee of the department, including claims for benefit determinations, and all appeals of determinations regarding those claims, and publish all regulations on an electronic website. (B) Regulations governing procedures at hearings and appeals before the department shall include, at a minimum: (1) procedures for seeking a hearing, review, or appeal; (2) procedures for notifying parties; (3) evidentiary rules; (4) procedures for making findings of fact and conclusions of law; (5) procedures for making and maintaining an appropriate record of interviews and proceedings before the department; and (6) procedures for seeking review or appeal of the department's decision.
(C) All regulations must be promulgated in accordance with the provisions of Chapter 23 of Title 1 of the South Carolina Code of Laws."
"Section 41-37-20.
"Section 41-37-30. Except as otherwise provided in Section 41-37-20:
For the purpose of this section, the two or more employing units mentioned in items (3) and (4) of Section 41-27-210
"Section 41-39-30. "Section 41-39-40. (A) As of January 1, 1997, an individual filing an initial claim for unemployment compensation must be advised at the time of the filing of the claim that: (1) unemployment compensation is subject to federal and state income taxation; (2) requirements exist pertaining to estimated tax payments; (3) the individual may elect to have federal income tax deducted and withheld from the individual's payment of unemployment compensation at the rate specified in the Internal Revenue Code of 1986; (4) the individual may elect to have South Carolina state income tax deducted and withheld from the individual's payment of unemployment compensation at the rate of seven percent; (5) the individual is permitted to change a previously elected withholding of income tax at least once.
(B) Amounts deducted and withheld from unemployment compensation
(C) The
(D) Amounts must be deducted and withheld under this section only after amounts are deducted and withheld for
"Section 41-41-20. (A) A claimant found by the
(B)If the
"Section 41-41-40.(A)(1) A person who has received a sum as benefits under Chapters 27 through 41 while conditions for the receipt of benefits imposed by these chapters were not fulfilled or while he was disqualified from receiving benefits is liable to repay the (2) If full repayment of benefits, to which an individual was determined not entitled, has not been made the sum must be deducted from future benefits payable to him under Chapters 27 through 41, and the sum must be collectible in the manner provided in Sections 41-31-380 to 41-31-400 for the collection of past due contributions.
(3) The (4) Notwithstanding any other provision of this section, no action to enforce recovery or recoupment of any overpayment may begin after five years from the date of the final determination. (B)(1) A person who is overpaid any amounts as benefits under Chapters 27 through 41 is liable to repay those amounts, except as otherwise provided by this subsection.
(2) Upon written request by the person submitted to the (a) overpayment was not due to fraud, misrepresentation, or wilful nondisclosure on the part of the person; (b) overpayment was received without fault on the part of the person; and (c) recovery of the overpayment from the person would be contrary to equity and good conscience. (3) Decisions denying waiver requests are subject to the appeal provisions of Chapter 35.
(C) A person who has received a sum as benefits under the comparable unemployment law of any other state while conditions imposed by that law were not fulfilled or while he was disqualified from receiving benefits by that law is liable to repay the
"Section 41-41-50.
"Section 41-42-10. The
"Section 41-42-20. The division
"Section 41-42-30. The provisions of the act of Congress mentioned in Section 41-42-10 are
"Section 41-42-40. For the purpose of establishing and maintaining free public employment offices the division may enter into agreement with At minimum, the audits required pursuant to this SECTION must: (1) provide a detailed accounting of the revenues and expenditures from the Unemployment Insurance Trust Fund since 2000; (2) determine the adequacy of the process for notifying state officials of the financial status of the Unemployment Insurance Trust Fund; (3) assess alternatives for maintaining the solvency of the Unemployment Insurance Trust Fund; (4) examine the unemployment eligibility benefit process for efficiency and compliance with law and agency policy; and (5) evaluate the effectiveness of the Department of Workforce's programs for assisting claimants in returning to work.
The costs of these audits, including related administrative and management expenses of the Legislative Audit Council, are an operating expense of the department. The department shall pay directly to the Legislative Audit Council the cost of the audits. (B) The twenty-five member committee is composed of: (1) one member appointed by the Governor; (2) one member appointed by the President Pro Tempore of the Senate; (3) one member appointed by the Speaker of the House of Representatives; (4) the Secretary of Commerce, or his designee; (5) the Director of the Department of Parks, Recreation and Tourism, or his designee; (6) a county economic development director from each Congressional district chosen by the economic development person or his designee from the office of the member of Congress representing each district; (7) the Dean of the Moore School of Business at the University of South Carolina, the Dean of the Francis Marion University School of Business, the Dean of the South Carolina State University School of Business, the Dean of the College of Charleston School of Business and Economics, the Dean of the Clemson University College of Business, and the Dean of the Winthrop University College of Business Administration; (8) the Chairman of the Board of Economic Advisors; (9) the Secretary of Agriculture, or his designee; (10) the Executive Director of the Department of Employment and Workforce; (11) the Chairman of the State Ports Authority, or his designee; (12) the Director of the Office of Small and Minority Business Assistance; (13) the President of the South Carolina Chamber of Commerce, or his designee; (14) the President of the South Carolina Manufacturers' Alliance, or his designee; and (15) the Executive Director of the State Board for Technical and Comprehensive Education, or his designee. (C) The Governor shall serve as the chairperson of the committee. (D) A vacancy occurring on the committee must be filled in the same manner as the original appointment. (E) The staffing for the committee must be provided by the appropriate committees of the Senate and House of Representatives that oversee legislation affecting economic development and finance in this State and the staff of the Workforce Investment Program.
(F) The committee shall submit its report to the General Assembly and Governor before January 1, 2011, at which time the Workforce Initiative/Economic Development Research Committee is abolished.
"Section 41-35-615. All notices given to an employer concerning a request for determination of insured status, a request for initiation of a claim series in a benefit year, a notice of unemployment, a certification for waiting-week credit, a claim for benefits, and any reconsideration of a determination must be made by United States mail or electronic mail. The employer may designate with the department its preferred method of notice. If an employer does not make a designation, then notices must be made by United States mail. The employer may not be required to respond to the notice until twelve business days after the postmark on notices sent via United States Mail or ten business days after the date a notice is sent via electronic mail."
"Section 41-27-590. (A) All criminal actions for violation of any provision of Chapters 27 through 41 of this
(B) The department must refer all cases of significant claimant and/or employer fraud to the Attorney General to determine whether to prosecute the offender." Section 38-13-700. (A) At least every five years, or upon request pursuant to Section 38-13-710, the director must conduct an examination of the unemployment compensation fund administered by the Department of Workforce. Examinations scheduled by the director must include at least a detailed accounting of the revenue and expenditures of the fund and an analysis of the current and future solvency of the fund. (B) In scheduling and determining the nature, scope, and frequency of examinations, the director shall consider compliance with relevant federal and South Carolina laws and regulations, the results of previous examinations, changes in management, and reports of the audits performed by the Legislative Audit Council. (C) For purposes of completing an examination of an insurer under this article, the director may examine or investigate the Department of Workforce in a manner considered necessary or material by the director. Section 38-13-710. (A) An examination of the unemployment compensation fund may be initiated upon the request of either: (1) the chairman of the Senate Labor Commerce and Industry Committee or the Chairman of the Senate Finance Committee and the President Pro Tempore; or (2) the chairman of the House of Representatives Labor Commerce and Industry Committee or the Chairman of the House of Representatives Ways and Means Committee and the Speaker of the House of Representatives. (B) The request must describe the issues upon which the requestor would like for the examination to focus. (C) The director must consult with the requestors to determine the appropriate scope of the examination. Section 38-13-720. (A) The Department of Workforce must provide timely, convenient, and free access to all books, records, accounts, papers, documents, and computer or other recordings relating to the subject of the examination. If the director considers it necessary to the conduct of the examination, he may require that the Department of Workforce furnish the original books and records. The executive director of the Department of Workforce shall facilitate the examination and aid in the examination. (B) The director may issue subpoenas, administer oaths, and examine under oath a person as to matters pertinent to the examination. Upon the failure or refusal of a person to obey a subpoena, the director may petition a court of competent jurisdiction, and upon proper showing the court may enter an order compelling the witness to appear and testify or produce documentary evidence. Failure to obey the court order is punishable as contempt of court. (C) When making an examination pursuant to this article, the director may retain attorneys, appraisers, independent actuaries, independent certified public accountants, or other professionals and specialists as examiners. The cost of the retainment must be borne by the Department of Workforce. Examination fees must be retained by the department and are considered 'other funds'. Section 38-13-730. In addition to any other recognized and appropriate examination methodologies, when conducting an examination the department must utilize sample data testing to verify the accuracy of information provided by the Department of Workforce. Section 38-13-740. The results of each examination must be compiled in a report. Examination reports must be comprised of only facts appearing on the books, records, or other documents maintained by the Department of Workforce and as ascertained from the testimony of the executive director and any other employees examined concerning the subject of the examination, and the conclusions and recommendations of the director that he finds warranted from the facts. The reports must be submitted to the General Assembly, the Review Committee, and the Governor, and made available on the Internet web sites maintained by the Department of Insurance and the Department of Workforce. Section 38-13-750. The director may not assign an examiner that has a conflict of interest. Section 38-13-760. The Department of Workforce shall pay the charges incurred in the examination, including the expenses of the director and the expenses and compensation of his examiners and assistants.
Section 38-13-770. The director may require the Department of Workforce to answer any inquiry in relation to the administration of the unemployment compensation fund. The executive director of the Department of Workforce must promptly reply in writing."
South Carolina Department of Workforce Review Committee Section 41-27-700. There is created the Department of Workforce Review Committee which must exercise the powers and fulfill the duties described in this article. Section 41-27-710. (A) The committee must be composed of nine members, three of whom must be members of the House of Representatives appointed by the Speaker at least one of whom must be a member of the minority party; three of whom must be members of the Senate appointed by the President pro Tempore at least one of whom must be a member of the minority party; and three of whom shall be appointed by the governor from the general public at large, of which one must represent businesses with fewer than fifty employees and one of whom must represent businesses with fewer than five hundred employees. A member of the general public appointed by the governor may not be a member of the General Assembly. (B) The committee must meet as soon as practicable after appointment and organize itself by electing one of its members as chairman and other officers as the committee considers necessary. Afterward, the committee at least annually shall meet and at the call of the chairman or a majority of the members. A quorum consists of five members. (C) Unless the committee finds a person qualified to serve as the executive director of the Department of Workforce, the person may not be appointed. (D) A member of the committee that misses three consecutive scheduled meetings at which a quorum is present must be removed from and replaced on the committee by the person that appointed that member. (E) The committee must discharge its duties related to screening and nominating qualified individuals for appointment by the Governor in the manner provided in Chapter 20, Title 2. Section 41-27-720. The committee shall: (1) nominate three qualified applicants for the Governor to consider in appointing the executive director. In order to be found qualified, the person must meet the minimum requirements as provided in Section 41-29-35. The committee must consider a person's experience and expertise in matters related to unemployment, workforce development, and economic development. A person may not be appointed to serve as the permanent executive director unless he is found qualified by the committee. If the Governor rejects all of the nominees, the committee must reopen the nominating process; (2) screen Department of Workforce Appellate Panel candidates for qualifications. In order to be found qualified, the person must meet the minimum requirements as provided in Section 41-29-300(E). The committee must consider a person's experience and expertise in matters related to unemployment, workforce development, and economic development. A person may not be elected to serve on the Department of Workforce Appellate Panel unless he is found qualified by the committee. (3) conduct an annual performance review of the executive director, which must be submitted to the General Assembly and the Governor. A draft of the executive director's performance review must be submitted to him, and the executive director must be allowed an opportunity to be heard before the committee before the final draft of the performance review is submitted to the General Assembly and the Governor; (4) submit to the General Assembly and the Governor, on an annual basis, the committee's evaluation of the performance of the Department of Workforce. A proposed draft of the evaluation must be submitted to the Executive Director of the Department of Workforce before submission to the General Assembly and the Governor, and the Executive Director of the Department of Workforce must be given an opportunity to be heard before the committee before the completion of the evaluation and its submission to the General Assembly and the Governor; (5) assist in developing an annual workshop of at least six contact hours concerning ethics and the Administrative Procedures Act for the executive director and employees of the Department of Workforce as the committee considers appropriate; (6) make reports and recommendations to the General Assembly and the Governor on matters relating to the powers and duties set forth in this section; (7) submit a letter to the General Assembly with the annual budget proposals of the Department of Workforce, indicating the committee has reviewed the proposals; and (8) undertake additional studies or evaluations as the committee considers necessary. Section 41-27-725. (A) The committee in the discharge of its duties may administer oaths and affirmations, take depositions, and issue subpoenas to compel the attendance of witnesses and the production of books, papers, correspondence, memoranda, and other records considered necessary in connection committee's investigation. (B) No person shall be excused from attending and testifying or from producing books, papers, correspondence, memoranda, or other records before the committee on the ground that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or subject him to a penalty or forfeiture. However, no individual shall be prosecuted or subjected to any criminal penalty based upon testimony or evidence submitted or forfeiture for or on account of any transaction, matter, or thing concerning which he is compelled, after having claimed his privilege against self-incrimination, to testify or produce evidence, documentary or otherwise, except that the individual so testifying shall not be exempt from prosecution and punishment for perjury and false swearing committed in so testifying. (C) In case of contumacy by any person or refusal to obey a subpoena issued to any person, any circuit court of this State or circuit judge thereof within the jurisdiction of which the person guilty of contumacy or refusal to obey is found, resides, or transacts business, upon application by the committee may issue to the person an order requiring him to appear before the committee to produce evidence if so ordered or to give testimony touching the matter under investigation. Any failure to obey an order of the court may be punished as a contempt hereof. Subpoenas shall be issued in the name of the committee and shall be signed by the committee chairman. Subpoenas shall be issued to those persons as the committee may designate. Section 41-27-730. (A) The committee members are entitled to mileage, subsistence, and per diem as authorized by law for members of boards, committees, and commissions while in the performance of the duties for which they are appointed. These expenses must be paid from the general fund of the State on warrants duly signed by the chairman of the committee and payable by the authorities from which they are appointed, except as provided in subsection (B) of this section. (B) The committee may request that it be reimbursed for expenses associated with its duties with funds from the employment security administration fund. The expenses of the committee must be advanced by a legislative body and the legislative body incurring this expense must be reimbursed by the State. Section 41-27-740. (A) The committee must use clerical and professional employees of the Senate Labor, Commerce, and Industry Committee and the House of Representatives Labor, Commerce, and Industry Committee for its staff, who must be made available to the committee. (B) The committee may employ or retain other professional staff, upon the determination of the necessity for other staff by the committee.
Section 41-27-750. The committee may conduct a comprehensive study of other states' unemployment and workforce agency structures, responsibilities, qualifications, and compensation. The committee may prepare and deliver this report along with its recommendations to the General Assembly and the Governor." "Section 41-29-35. (A) The executive director of the Department of Workforce must be appointed pursuant to the procedure set forth in Section 41-27-720. (B) The committee must nominate three applicants found qualified to serve as executive director for the Governor's consideration. In making nominations to the Governor, the committee should consider race, gender, national origin, and other demographic factors to ensure nondiscrimination to the greatest extent possible as to all segments of the population of the State. The committee must also give due consideration to a person's ability, area of expertise, dedication, compassion, common sense, and integrity. If fewer than three applicants are found qualified to serve as executive director, the committee must resolicit for applicants and continue the screening process until three applicants are found qualified and nominated. (1) A person may not be appointed to serve as permanent executive director unless the committee finds the person qualified. (2) The Governor must transmit the name of his appointee to the Senate for advice and consent. (3) If the Governor rejects all of the nominees, the committee must reopen the nominating process. (C) For the committee to find a person qualified, he must have: (1) a baccalaureate or more advanced degree from: (a) a recognized institution of higher learning requiring face to face contact between its students and instructors prior to completion of the academic program; (b) an institution of higher learning that has been accredited by a regional or national accrediting body; or (c) an institution of higher learning chartered before 1962; and (2) a background of substantial duration and expertise in business, labor and employment, employment benefits, human resource management, or five years experience as a practicing attorney.
(D) The committee may find a person qualified although he does not have a background of substantial duration and expertise in one of the five enumerated areas contained in subsection (C)(2) of this section if two-thirds of the committee vote to qualify this candidate and provide written justification of their decision in the report as to the qualifications of the candidates. "Section 41-29-25. (A) The executive director shall discharge his duties: (1) in good faith; (2) with the care an ordinarily prudent person in a like position would exercise under similar circumstances; and (3) in a manner he reasonably believes to be in the best interests of the department. As used in this chapter, best interests means a balancing of the following: (a) achieving the purposes of the department; (b) preservation of the financial integrity of the department and its ongoing operations; and (c) exercise of the powers of the department in accordance with good business practices and the requirements of applicable laws, and regulations. (B) In discharging his duties, the executive director is entitled to rely on information, opinions, reports, or statements, including financial statements and other financial data, if prepared or presented by: (1) one or more officers or employees of the State whom the executive director reasonably believes to be reliable and competent in the matters presented; or (2) legal counsel, public accountants, or other persons as to matters the executive director reasonably believes are within the person's professional or expert competence; (C) The executive director is not acting in good faith if he has knowledge concerning the matter in question that makes reliance otherwise permitted by subsection (B) unwarranted.
(D) Nothing in this section gives rise to a cause of action against the executive director or any decision made by the executive director concerning departmental operations or development." (B) The provisions of this act requiring the name of the Employment Security Commission to be changed do not take effect until funding becomes available through appropriations by the General Assembly or until sufficient federal funds are available. (C) Where the provisions of this act transfers the duties and responsibilities of the South Carolina Employment Security Commission (transferring agency) to the Department of Workforce (receiving agency), the employees, authorized appropriations, and real and personal property of the transferring agency are also transferred to and become part of the receiving agency. All classified or unclassified personnel of the transferring agency shall become employees of the receiving agency, with the same compensation, classification, and grade level, as applicable. Where necessary and appropriate, the Budget and Control Board shall cause all necessary actions to be taken to accomplish this transfer and shall in consultation with the agency head of the transferring and receiving agencies prescribe the manner in which the transfer provided for in this section shall be accomplished. The board's action in facilitating the provisions of this section are ministerial in nature and shall not be construed as an approval process over any of the transfers. (D) Employees or personnel of the transferring agency transferred to or made a part of the receiving agency shall continue to occupy the same office locations and facilities which they now occupy unless or until otherwise changed by appropriate action and authorization. The rent and physical plant operating costs of these offices and facilities, if any, shall continue to be paid by the transferring agency until otherwise provided by the General Assembly. The records and files of the transferring agency shall remain the property of the transferring agency, except that the transferred personnel shall have complete access to these records and files in the performance of their duties as new employees of the receiving agency.
(E) All remaining costs necessary for the implementation and operation of the Department of Workforce shall be provided for by the General Assembly in the annual appropriations act, however, for fiscal year 2009-2010, the funds appropriated to the South Carolina Employment Security Commission shall be credited to the Department of Workforce for the implementation of this act and for the operation needs of the department. /
Rep. BINGHAM explained the amendment.
Rep. SANDIFER proposed the following Amendment No. 2A (COUNCIL\AGM\19928AB10), which was adopted:
"Section 41-29-20. (A)
(B) Notwithstanding another provision of law and according to the procedure in this subsection, the Governor must appoint a person meeting the experience and educational requirements for executive director provided in this act to serve as interim executive director before April 15, 2010. this interim executive director shall serve until a successor is appointed pursuant to this act but may not serve as interim director after March 31, 2011. The interim executive director must be appointed upon the advice and consent of the Senate. The interim executive director may only be submitted to the Senate for advice and consent upon the advice and consent of the Review Committee. The interim executive director may only be appointed if both the Review Committee and the Senate consent." /
Rep. SANDIFER explained the amendment. The Senate Amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.
Due to a potential conflict of interest, I did not vote on any amendments to H. 3442. Rep. Laurie Slade Funderburk
Rep. DELLENEY moved that the House recur to the Morning Hour, which was agreed to.
The Senate Amendments to the following Joint Resolution were taken up for consideration: H. 3305 (Word version) -- Reps. Bedingfield, Merrill, Bingham, Duncan, Loftis, G. R. Smith, Cato, Owens, Crawford, A. D. Young, Nanney, Bannister, Daning, Harrison, Horne, Kirsh, Lowe, Lucas, E. H. Pitts, Stringer, Thompson, Toole, Wylie, T. R. Young, Long, Rice, Parker, Allison, Littlejohn, Cole, Hiott, Edge, Whitmire, Hearn, Hardwick, D. C. Smith, Pinson, J. R. Smith, Simrill, Brantley, Willis, Hamilton, Erickson, Sottile, Scott, Harrell, Delleney, Gullick, Frye, Clemmons, G. M. Smith, Battle, Sandifer, Millwood, Haley, Ballentine, M. A. Pitts, Cooper, White, Gambrell, Bowen, Umphlett, Forrester, Barfield, Chalk, Herbkersman, Viers, Spires, Huggins, Limehouse, Stewart, Kelly, Brady and D. C. Moss: A JOINT RESOLUTION TO PROPOSE AN AMENDMENT TO ARTICLE II OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE RIGHT OF SUFFRAGE, BY ADDING SECTION 12 SO AS TO GUARANTEE THE RIGHT OF AN INDIVIDUAL TO VOTE BY SECRET BALLOT FOR A DESIGNATION, A SELECTION, OR AN AUTHORIZATION FOR EMPLOYEE REPRESENTATION BY A LABOR ORGANIZATION. Rep. DELLENEY explained the Senate Amendments. The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are: Agnew Alexander Allen Allison Anderson Anthony Bales Ballentine Bannister Barfield Battle Bedingfield Bingham Bowen Bowers Brady Branham Brantley G. A. Brown H. B. Brown R. L. Brown Cato Chalk Clemmons Clyburn Cole Cooper Crawford Daning Delleney Dillard Duncan Edge Erickson Forrester Frye Funderburk Gambrell Govan Haley Hamilton Hardwick Harrell Harrison Hayes Hearn Herbkersman Hiott Horne Howard Huggins Hutto Jennings Kelly Kirsh Knight Limehouse Littlejohn Loftis Long Lowe Lucas Mack McEachern McLeod Merrill Miller Millwood D. C. Moss V. S. Moss Nanney J. M. Neal Neilson Norman Ott Owens Parker Parks Pinson M. A. Pitts Sandifer Scott Simrill Skelton D. C. Smith G. M. Smith G. R. Smith J. E. Smith J. R. Smith Sottile Spires Stavrinakis Stewart Stringer Thompson Toole Umphlett Vick Viers Weeks White Whitmire Willis Wylie A. D. Young T. R. Young
Those who voted in the negative are: Cobb-Hunter Gilliard Gunn Hart Harvin Hodges Jefferson Kennedy King Mitchell J. H. Neal Williams
The Senate Amendments were agreed to, and the Joint Resolution 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 following was received from the Senate:
Columbia, S.C., March 10, 2010 H. 3395 (Word version) -- Reps. Harrell, Thompson, Cooper, Erickson, Bingham, A. D. Young, Edge, Bedingfield, J. R. Smith, G. R. Smith, D. C. Smith, Bannister, Brady, Cato, Chalk, Forrester, Gambrell, Hamilton, Hiott, Horne, Long, Nanney, Parker, E. H. Pitts, Rice, Scott, Sottile, Stewart, Viers, White, Willis, Toole, Neilson, Bales, T. R. Young and Wylie: A BILL TO AMEND SECTION 11-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL RESERVE FUND, SO AS TO MAKE CONFORMING AMENDMENTS TO REFLECT ANY CHANGE IN THE AMOUNT REQUIRED TO BE HELD IN THE GENERAL RESERVE FUND PURSUANT TO THE CONSTITUTION OF THIS STATE AND THE RATE OF REPLENISHMENT OF THAT AMOUNT.
Very respectfully, On motion of Rep. COOPER, the House insisted upon its amendments. Whereupon, the Chair appointed Reps. COOPER, BINGHAM and BATTLE to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received from the Senate:
Columbia, S.C., March 10, 2010 H. 3396 (Word version) -- Reps. Harrell, Thompson, Scott, Cooper, Erickson, Bingham, A. D. Young, Edge, J. R. Smith, G. R. Smith, Bedingfield, Whitmire, Hiott, D. C. Smith, Bannister, Brady, Cato, Chalk, Forrester, Gambrell, Hamilton, Horne, Long, Nanney, Parker, E. H. Pitts, Rice, Sottile, Stewart, Viers, White, Willis, Toole, Neilson, Bales, T. R. Young and Wylie: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 36, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE GENERAL RESERVE FUND AND THE CAPITAL RESERVE FUND, SO AS TO INCREASE FROM THREE TO FIVE PERCENT THE AMOUNT OF STATE GENERAL FUND REVENUE IN THE LATEST COMPLETED FISCAL YEAR REQUIRED TO BE HELD IN THE GENERAL RESERVE FUND.
Very respectfully, On motion of Rep. COOPER, the House insisted upon its amendments. Whereupon, the Chair appointed Reps. COOPER, BINGHAM and BATTLE to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly. Rep. NEILSON moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following: H. 4699 (Word version) -- Reps. Haley, Ballentine, Bingham, Brantley, Chalk, Erickson, Frye, Herbkersman, Hodges, Huggins, McLeod, Ott, E. H. Pitts, Spires and Toole: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR JIM MANSHIP OF BEAUFORT COUNTY FOR UNCOMMON VALOR IN THE HEROIC RESCUE OF TWO WOMEN TRAPPED IN A SINKING CAR. H. 4713 (Word version) -- Reps. Forrester, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, G. A. Brown, H. B. Brown, R. L. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Cole, Cooper, Crawford, Daning, Delleney, Dillard, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Gilliard, Govan, Gunn, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Hayes, Hearn, Herbkersman, Hiott, Hodges, Horne, Hosey, Howard, Huggins, Hutto, Jefferson, Jennings, Kelly, Kennedy, King, Kirsh, Knight, Limehouse, Littlejohn, Loftis, Long, Lowe, Lucas, Mack, McEachern, McLeod, Merrill, Miller, Millwood, Mitchell, D. C. Moss, V. S. Moss, Nanney, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parker, Parks, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scott, Sellers, Simrill, Skelton, D. C. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Spires, Stavrinakis, Stewart, Stringer, Thompson, Toole, Umphlett, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams, Willis, Wylie, A. D. Young and T. R. Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR AUSTIN SPARKS BOBO OF SPARTANBURG COUNTY, AND TO COMMEND HIM FOR A LIFETIME OF DEVOTED AND COMPASSIONATE SERVICE TO HIS COMMUNITY. H. 4714 (Word version) -- Reps. King, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, G. A. Brown, H. B. Brown, R. L. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Cole, Cooper, Crawford, Daning, Delleney, Dillard, Duncan, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Gilliard, Govan, Gunn, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Hayes, Hearn, Herbkersman, Hiott, Hodges, Horne, Hosey, Howard, Huggins, Hutto, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Limehouse, Littlejohn, Loftis, Long, Lowe, Lucas, Mack, McEachern, McLeod, Merrill, Miller, Millwood, Mitchell, D. C. Moss, V. S. Moss, Nanney, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parker, Parks, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scott, Sellers, Simrill, Skelton, D. C. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Spires, Stavrinakis, Stewart, Stringer, Thompson, Toole, Umphlett, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams, Willis, Wylie, A. D. Young and T. R. Young: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE PASSING OF OUR FORMER COLLEAGUE AND DEAR FRIEND, THE HONORABLE JUANITA CANARY WILLMON GOGGINS AND TO EXTEND THE DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.
At 5:09 p.m. the House, in accordance with the motion of Rep. BOWERS, adjourned in memory of the Honorable Clyde Alfred Eltzroth of Varnville, to meet at 10:00 a.m. tomorrow.
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