| Printed Page 820, Feb. 8 | Printed Page 840, Feb. 9 |

Please record in the Journal my opposition to H. 3510. My opposition is based in part on my desire to be consistent in my opposition to the State Department of Education's attempt to shift the testing of our children from objective standards to subject measures.

Rep. MICHAEL L. FAIR

Rep. JASKWHICH moved to adjourn debate upon the following Joint Resolution until Wednesday, March 15, which was adopted.

H. 3512 -- Education and Public Works Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO THE REPEAL OF PARENT-ORIENTED EDUCATION PROGRAMS AND THE PROMULGATION OF PARENT/FAMILY LITERACY PROGRAMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1713, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. HARRISON moved to adjourn debate upon the following Bill until Tuesday, February 14, which was adopted.

H. 3517 -- Rep. Hodges: A BILL TO AMEND SECTIONS 14-1-206 AND 14-1-209, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ASSESSMENTS TO BE IMPOSED IN CRIMINAL CASES IN CERTAIN COURTS, SO AS TO EXCLUDE THE FAMILY COURT; TO AMEND SECTION 16-19-10, RELATING TO THE UNLAWFUL SETTING UP OF LOTTERIES, SO AS TO FURTHER PROVIDE FOR THE PENALTIES TO BE IMPOSED AND FOR THE DISTRIBUTION OF THE REQUIRED FINE; TO AMEND SECTION 17-15-260, RELATING TO THE DISPOSITION OF CERTAIN BAIL AND RECOGNIZANCES, SO AS TO PROVIDE FOR THE MANNER IN WHICH FUNDS TO BE DEPOSITED IN THE STATE GENERAL FUND MUST BE TRANSMITTED TO THE STATE TREASURER; TO AMEND SECTION 23-31-190, AS AMENDED, RELATING TO THE

The following Bill was taken up.

H. 3061 -- Reps. Vaughn, Cato, Witherspoon, Simrill, Walker, Allison, Meacham, Elliott, Moody-Lawrence, Baxley, Lloyd and Richardson: A BILL TO AMEND SECTION 51-3-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USE OF STATE PARK FACILITIES FREE OF CHARGE BY AGED, BLIND, AND DISABLED PERSONS SO AS TO PROVIDE THAT THE FREE USE OF FACILITIES INCLUDES NO ADMISSION CHARGES.

Rep. SHARPE explained the Bill.

Rep. McTEER made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

The following Bills were taken up, read the second time, and ordered to a third reading:

H. 3073 -- Reps. Kirsh and Stille: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-19-25 SO AS TO PROVIDE FOR VOLUNTARY INSPECTION OF CERTAIN BIRDS BY THE LIVESTOCK-POULTRY HEALTH COMMISSION.

Rep. RISER explained the Bill.

Rep. CROMER explained the Bill.

H. 3268 -- Reps. Richardson, Vaughn, Harvin, Bailey, Cotty, Limbaugh, Chamblee, Wofford, A. Young, Shissias, Stuart, Lloyd, Sandifer, Thomas, Witherspoon, Wells, Keyserling, Walker and Harrison: A BILL TO AMEND SECTION 16-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO INCLUDE THE MURDER OF A WITNESS OR POTENTIAL WITNESS IN A CRIMINAL TRIAL TO DETER PROSECUTION AS AN AGGRAVATING CIRCUMSTANCE IN CONSIDERATION OF IMPOSING THE DEATH PENALTY.

Rep. MARTIN explained the Bill.

On motion of Rep. RISER, with unanimous consent, it was ordered that H. 3073 be read the third time tomorrow.

On motion of Rep. SIMRILL, with unanimous consent, it was ordered that H. 3033 be read the third time tomorrow.

On motion of Rep. MARTIN, with unanimous consent, it was ordered that H. 3268 be read the third time tomorrow.

The following Joint Resolution was taken up.

S. 414 -- Senator Peeler: A JOINT RESOLUTION EXTENDING THE EXPIRATION DATE FOR MOTOR CARRIER REGISTRATION CARDS AND IDENTIFICATION MARKERS FROM MARCH 31, 1995 TO DECEMBER 31, 1995 AS SPECIFIED IN SECTION 12-31-260 OF

Rep. SHEHEEN made the Point of Order that the Joint Resolution was improperly before the House for consideration since printed copies of the Joint Resolution have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

The following Bill was taken up.

H. 3020 -- Reps. Vaughn, Meacham and Wells: A BILL TO AMEND SECTION 16-3-1040, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THREATENING A PUBLIC OR SCHOOL OFFICIAL, SO AS TO PROVIDE THAT THE THREAT MUST BE A RESULT OF THE DUTIES OR BUSINESS OF THE OFFICIAL AND NOT A RESULT OF ANY PRIVATE OR PERSONAL BUSINESS.

Rep. TUCKER made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

The following Bill was taken up.

H. 3026 -- Reps. Meacham, Cato, Marchbanks, Simrill, Cromer, Vaughn, Law, Keyserling, Elliott, Stille, Moody-Lawrence, Kelley, Richardson, Gamble, Walker, Phillips, Sandifer, Spearman and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-3-245 SO AS TO PROVIDE THAT A MEMBER OF A STATE BOARD, COUNCIL, COMMISSION, OR COMMITTEE WHO HAS THREE CONSECUTIVE UNEXCUSED ABSENCES FROM MEETINGS IS CONSIDERED REMOVED FROM OFFICE AND A VACANCY IS CREATED AND TO PROVIDE THAT

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BR1\18139AC.95).

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. The 1976 Code is amended by adding:

"Section 1-3-245. (A) A member of a state board or commission who has three consecutive unexcused absences from regularly scheduled meetings held by the particular board or commission is considered removed from the board or commission and a vacancy is created. The chair of the board or commission immediately shall notify the Governor or appropriate appointment authority of the member's three consecutive unexcused absences and of the resulting vacancy. An unexcused absence must be defined by each respective board or commission in rules governing its own operation.

(B) This section does not apply to an ex officio member of a state board or commission or to a designee of an ex officio member."

SECTION 2. This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Rep. CROMER explained the amendment.

Rep. McELVEEN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

The following Bill was taken up.

H. 3037 -- Reps. Kirsh, Simrill, Meacham, S. Whipper, Stille, Walker, Sandifer, Cain, Whatley, Shissias, Riser and Clyburn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2947 SO AS TO PROVIDE THAT WHEN A PERSON COMMITS CERTAIN DRUG AND ALCOHOL-RELATED MOTOR VEHICLE OFFENSES AND A MINOR WAS A PASSENGER IN THE VEHICLE AT THE TIME OF THE OFFENSE, THE PERSON

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\3674CM.95), which was adopted.

Amend the bill, as and if amended, by striking Section 56-5-2947 as contained in SECTION 1 and inserting:

/Section 56-5-2947. (A) A person eighteen years of age or over is guilty of child endangerment when:

(1) the person is in violation of:

(a) Section 56-5-2930; or

(b) Section 56-5-2945; and

(2) a person under sixteen years of age was a passenger in the motor vehicle when the violation occurred.

(B) Upon conviction the person must be punished by:

(1) a fine of not more than one-half of the maximum fine allowed for committing the violation enumerated in subsection(A)(1), when the person is fined for that offense;

(2) a term of imprisonment of not more than one-half of the maximum term of imprisonment allowed for committing the violation enumerated in subsection (A)(1), when the person is imprisoned for the offense; or

(3) both a fine and imprisonment as prescribed in items (1) and (2) when the person is fined and imprisoned for the offense.

(C) No portion of the penalty assessed under subsection (B) may be suspended or revoked and probation may not be awarded.

(D) In addition to imposing the penalties for offenses enumerated in subsection (A)(1) and the penalties contained in subsection (B), the department must suspend the person's driver's license for sixty days. Sections 56-1-1320 and 56-5-2990 as they relate to enrollment in an alcohol and drug safety action program and to the issuance of a provisional driver's license will not be effective until the sixty-day suspension period is completed.

(F) The court that has jurisdiction over an offense enumerated in subsection (A)(1) has jurisdiction over the offense of child endangerment./

Amend title to conform.

Rep. MARTIN explained the amendment.

The amendment was then adopted.

Rep. DAVENPORT made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

The following Bill was taken up.

H. 3271 -- Reps. Richardson, Vaughn, McKay, Harvin, Limbaugh, Lloyd, Bailey, Cain, Sandifer, Walker, Baxley, Chamblee, Wofford, A. Young, Shissias, Stuart, Dantzler, Thomas, Keyserling, Jennings, Wells, Tucker, Harrison and Spearman: A BILL TO AMEND SECTION 16-9-340, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF INTIMIDATING COURT OFFICIALS, JURORS, OR WITNESSES, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5383HTC.95), which was adopted.

Amend the bill, as and if amended, in SECTION 1, PAGE 1, by striking Section 16-9-340(B) and inserting:

/(B) A person who violates the provisions of subsection (A) is guilty of a felony and, upon conviction, must be fined not more than two five thousand dollars or imprisoned not more than five years, or both./

Amend title and sections to conform.

Rep. MARTIN explained the amendment.

The amendment was then adopted.

On motion of Rep. MARTIN, with unanimous consent, it was ordered that H. 3271 be read the third time tomorrow.

The following Bill was taken up.

H. 3091 -- Reps. Cromer, Keyserling, Kirsh, Knotts and Shissias: A BILL TO AMEND SECTION 30-4-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEETINGS WHICH MAY BE CLOSED TO THE PUBLIC UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT THE MEETINGS OF A LEGISLATIVE CAUCUS MAY NOT BE CLOSED TO THE PUBLIC.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\PT\1706DW.95), which was adopted.

Amend the bill, as and if amended, by adding the following appropriately numbered SECTIONS.

/SECTION . Section 2-17-10(11) of the 1976 Code is amended to read:

"(11) `Legislative caucus' means:

(a) a committee of either house of the General Assembly, or a combination of both houses, controlled by the caucus of a political party or a caucus based upon racial or ethnic affinity, or gender;

(b) a party or group of either house of the General Assembly, or a combination of both houses, based upon racial or ethnic affinity, or gender. However, each house may establish only one committee for each racial-, ethnic-, or gender-based affinity."

SECTION . Section 30-4-70(a)(6) of the 1976 Code is amended to read:

"(6) Prior to going into executive session the public agency shall vote in public on the question and when such the vote is favorable the presiding officer shall announce the specific purpose of the executive session. No formal action may be taken in executive session. As used in this item `formal action' means a recorded vote committing the body concerned to a specific course of action. No vote may be taken in executive session.

SECTION . Section 30-4-80(b) of the 1976 Code is amended to read:

"(b) Legislative committees must post their meeting times during weeks of the regular session of the General Assembly and must comply with the provisions for notice of special meetings during those weeks when the General Assembly is not in session. Subcommittees of standing legislative committees and legislative caucuses, as defined in Section 2-17-10(11), must give notice during weeks of the legislative session only if it is practicable to do so."/

Renumber sections to conform.

Amend title to conform.

Rep. JENNINGS explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

On motion of Rep. CROMER, with unanimous consent, it was ordered that H. 3091 be read the third time tomorrow.

The following Bill was taken up.

H. 3118 -- Reps. Shissias, Simrill, Cromer, Elliott, Meacham and Stille: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-216 SO AS TO LIMIT THE TERMS OF MEMBERS OF STATE BOARDS AND COMMISSIONS APPOINTED BY THE GOVERNOR OR ELECTED BY THE GENERAL ASSEMBLY AND PROVIDE FOR EXCEPTIONS TO AND THE OPERATION OF THE PROVISIONS.

Rep. HARRISON moved to recommit the Bill to the Committee on Judiciary, which was agreed to.

The following Bill was taken up.

H. 3338 -- Reps. Jennings, Cobb-Hunter, Kennedy and Neal: A BILL TO AMEND ARTICLE 13, CHAPTER 13, TITLE 8 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAMPAIGN PRACTICES, BY ADDING SECTION 8-13-1315 SO AS TO PROVIDE THAT A CANDIDATE MAY NOT, DIRECTLY OR INDIRECTLY, GIVE, OFFER, OR PROMISE ANYTHING OF VALUE TO AN ELECTION OFFICIAL AND TO PROVIDE THAT AN ELECTION OFFICIAL MAY NOT, DIRECTLY OR INDIRECTLY, ASK, DEMAND, EXACT, SOLICIT, SEEK, ACCEPT, RECEIVE OR AGREE TO RECEIVE ANYTHING OF VALUE FROM A CANDIDATE; TO AMEND SECTIONS 7-25-50 AND 7-25-60, BOTH AS AMENDED, RELATING TO BRIBERY AT ELECTIONS, SO AS TO INCREASE THE PENALTIES; TO AMEND SECTION 8-13-1300, RELATING TO DEFINITIONS FOR PURPOSES OF THE PROVISIONS CONCERNING CAMPAIGN PRACTICES, SO AS TO PROVIDE A DEFINITION FOR "ELECTION OFFICIAL" AND TO AMEND THE DEFINITION OF "TRANSFER" TO INCLUDE TRANSFERS BETWEEN A CANDIDATE AND AN ELECTION OFFICIAL; AND TO AMEND SECTION 8-13-1348, AS AMENDED, RELATING TO THE USE OF CAMPAIGN FUNDS, SO AS TO ESTABLISH A PROCEDURE BY WHICH A CAMPAIGN RELATED PAYMENT MUST BE MADE BY CHECK, REQUIRE THE EXPENDITURE OF THESE FUNDS TO BE DOCUMENTED WHEN PAID TO AN INDIVIDUAL RECIPIENT, REQUIRE THE DOCUMENTATION BE MAINTAINED AND INCLUDED IN CAMPAIGN REPORTS, AND PROVIDE THAT A CANDIDATE IS DEEMED TO HAVE VIOLATED SECTIONS 7-25-50 AND 7-25-60 IF HE DOES NOT COMPLY WITH THE PROVISIONS OF THIS SECTION, PROVIDE THAT NO PERSON MAY BE REIMBURSED FOR TRANSPORTATION SERVICES IN AN AMOUNT WHICH WOULD EXCEED THE MILEAGE ALLOWED BY LAW FOR MEMBERS OF STATE BOARDS, COMMISSIONS, AND COMMITTEES, AND THE AMOUNT PAID MAY NOT EXCEED THE AMOUNT PAID TO OFFICIAL POLL MANAGERS BY THE STATE ELECTION COMMISSION PURSUANT TO THE PROVISIONS OF SECTION 7-23-10.

| Printed Page 820, Feb. 8 | Printed Page 840, Feb. 9 |