Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rep. DELLENEY as follows:
O Lord our God, shed the light of Your wisdom upon these in their places of responsibility and decision. As we meet problems, may we be guided in solution not by whether it is popular, but by whether it is right. When we are wrong, may we be willing to change; when we are right, make us easy to get along with. Strip from our hearts any bitterness that may lie there, and any resentment that corrodes and curdles our peace. Remove our stubborn pride that keeps us from acknowledging our faults and makes us unwilling to open our minds to others. Lead us in this our prayer, O Lord, and answer us in keeping with Your knowledge of our needs. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. RICE moved that when the House adjourns, it adjourn in memory of Mark Anthony Riddle of Easley, which was agreed to.
The following was received:
Columbia, S.C., February 22, 2001
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 176:
S. 176 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION TO INVITE THE NATIONAL COMMANDER OF THE AMERICAN LEGION, THE HONORABLE RAY G. SMITH, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:30 P.M. ON TUESDAY, FEBRUARY 27, 2001.
Very respectfully,
President
Received as information.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:
H. 3379 (Word version) -- Rep. J. Brown: A JOINT RESOLUTION TO ESTABLISH THE NEWBORN EYE SCREENING TASK FORCE TO STUDY AND MAKE RECOMMENDATIONS CONCERNING SCREENING NEWBORN CHILDREN FOR CERTAIN OCULAR DISEASES AND ABNORMALITIES.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report with amendments on:
H. 3174 (Word version) -- Reps. Wilkins, Coates, Davenport, Vaughn, Whatley, Simrill, Altman, Robinson, Owens, Gilham and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-29-35 SO AS TO ESTABLISH "SOUTH CAROLINA HOME SCHOOL AWARENESS WEEK" EACH YEAR TO RECOGNIZE AND BRING ATTENTION TO THE MANY FAMILIES IN SOUTH CAROLINA WHO EDUCATE THEIR CHILDREN AT HOME AS PROVIDED BY LAW, AND TO PROVIDE THAT ALL HOME SCHOOL STUDENTS IN THIS STATE AND THEIR PARENTS, GUARDIANS, AND TEACHERS SHALL BE ADMITTED WITHOUT CHARGE TO ALL PARKS, MUSEUMS, SCIENCE CENTERS, PLANETARIUMS, AND EDUCATIONAL FACILITIES OWNED BY OR UNDER THE CONTROL OF ANY STATE AGENCY, DEPARTMENT, OR INSTITUTION WHICH CHARGES A FEE FOR ADMISSION IN ORDER TO FURTHER THE EDUCATIONAL OPPORTUNITIES OF HOME SCHOOL STUDENTS.
Ordered for consideration tomorrow.
On motion of Rep. WEBB, with unanimous consent, the following was taken up for immediate consideration:
H. 3615 (Word version) -- Reps. Webb and Leach: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO PRESIDENT JAMES F. BARKER AND OTHER OFFICIALS OF CLEMSON UNIVERSITY ON WEDNESDAY, MARCH 7, 2001, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON THE RECENT ANNOUNCEMENT BY TIME MAGAZINE NAMING CLEMSON UNIVERSITY THE "PUBLIC COLLEGE OF THE YEAR"; AND KIPLINGER'S MAGAZINE RANKING CLEMSON UNIVERSITY THE BEST VALUE IN SOUTH CAROLINA'S PUBLIC COLLEGES AND TWENTY-FIRST AMONG THE TOP ONE HUNDRED BEST VALUES IN PUBLIC COLLEGES NATIONALLY.
Be it resolved by the House of Representatives:
That the privilege of the floor of the South Carolina House of Representatives is extended to President James F. Barker and other officials of Clemson University on Wednesday, March 7, 2001, at a time to be determined by the Speaker, for the purpose of being recognized and congratulated on the recent announcement by Time Magazine naming Clemson University the "Public College of the Year"; and Kiplinger's Magazine ranking Clemson University the best value in South Carolina's public colleges and twenty-first among the top one hundred best values in public colleges nationally.
The Resolution was adopted.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 3616 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF NURSING, RELATING TO OFFICIAL IDENTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2578, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
H. 3617 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF MEDICAL EXAMINERS, RELATING TO CRITERIA FOR PHYSICIAN SUPERVISION OF NURSES IN EXTENDED ROLE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2550, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
H. 3618 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 40-11-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO THE LICENSURE AND REGULATION OF CONTRACTORS, SO AS TO FURTHER SPECIFY DUTIES OF CONSTRUCTION MANAGERS AND TO REVISE AND ADD VARIOUS DEFINITIONS; TO AMEND SECTION 40-11-50, AS AMENDED, RELATING TO CONTRACTOR LICENSE FEES, SO AS TO ELIMINATE AND REVISE CERTAIN FEES; TO AMEND SECTION 40-11-110, AS AMENDED, RELATING TO GROUNDS FOR DISCIPLINARY ACTION, SO AS TO ALSO APPLY THESE GROUNDS TO CONSTRUCTION MANAGER REGISTRANTS; TO AMEND 40-11-120, AS AMENDED, RELATING TO THE SCOPE AND AUTHORITY OF THE BOARD TO IMPOSE SANCTIONS, SO AS TO FURTHER PROVIDE FOR DISCIPLINARY ACTION AGAINST A CONTRACTOR WHO IS DISCIPLINED IN ANOTHER STATE; TO AMEND SECTION 40-11-200, AS AMENDED, RELATING TO VIOLATIONS AND PENALTIES, SO AS TO FURTHER PROVIDE FOR CRIMINAL PENALTIES AND FOR ACTIONS AND OMISSIONS WHICH ARE CONSIDERED TO BE VIOLATIONS; TO AMEND SECTION 40-11-230, AS AMENDED, RELATING TO QUALIFICATIONS FOR CERTIFICATION AS A QUALIFYING PARTY, SO AS TO REQUIRE CERTAIN EXPERIENCE QUALIFICATIONS AND TO FURTHER PROVIDE FOR LICENSURE REQUIREMENTS; TO AMEND SECTION 40-11-240, AS AMENDED, RELATING TO QUALIFICATIONS FOR LICENSURE OF A CONTRACTOR, SO AS TO DELETE THE PROVISION REQUIRING AN ENTITY TO SUBMIT A REFERENCE FROM A BANK OR OTHER FINANCIAL INSTITUTION TO QUALIFY FOR LICENSURE; TO AMEND SECTION 40-11-250, AS AMENDED, RELATING TO LICENSE RENEWAL, SO AS TO PROVIDE THAT A LICENSE LAPSES IF NOT RENEWED WITHIN NINETY DAYS; TO AMEND SECTION 40-11-260, AS AMENDED, RELATING TO FINANCIAL STATEMENT REQUIREMENTS FOR GENERAL CONTRACTOR LICENSURE AND RENEWAL, SO AS TO REVISE THE MAXIMUM VALUE OF BIDS AND JOB-MINIMUM NET WORTH REQUIREMENTS FOR CERTAIN LICENSE GROUPS, TO PROVIDE THAT ON AN INITIAL APPLICATION A GENERAL CONTRACTOR BIDDING AND PERFORMING ON CERTAIN JOBS MAY SUBMIT A FINANCIAL STATEMENT THAT IS REVIEWED BY A LICENSED PUBLIC ACCOUNTANT, TO PROVIDE THAT ON A RENEWAL APPLICATION A GENERAL CONTRACTOR BIDDING AND PERFORMING ON CERTAIN JOBS MAY NOT SUBMIT AN OWNER-PREPARED FINANCIAL STATEMENT, TO PROVIDE THAT IF A LICENSEE DESIRES TO CHANGE TO A HIGHER LICENSE GROUP THE LICENSEE MUST MEET THE FINANCIAL STATEMENT AND NET WORTH REQUIREMENTS IN THE HIGHER LICENSE GROUP AS REQUIRED IN THE INITIAL APPLICATION OR HAVE A PERFORMANCE BOND FOR EACH PROJECT, AND TO PROVIDE THAT IF AN ENTITY DOES NOT SUBMIT A FINANCIAL STATEMENT FOR INITIAL LICENSURE OR LICENSE RENEWAL OR DOES NOT MEET THE FINANCIAL STATEMENT REQUIREMENTS, A PERFORMANCE BOND MUST BE OBTAINED AND MUST BE IN EFFECT FOR CERTAIN PROJECTS; TO AMEND SECTION 40-11-290, AS AMENDED, RELATING TO LICENSURE OF NONRESIDENT CONTRACTORS, SO AS TO FURTHER DEFINE THE BOARD'S AUTHORITY IN GRANTING SUCH LICENSURE; TO AMEND SECTION 40-11-300, AS AMENDED, RELATING TO PROHIBITING DIVIDING WORK PROJECTS INTO PORTIONS TO AVOID THE FINANCIAL REQUIREMENTS OF CERTAIN LEVELS OF LICENSURE, SO AS TO REQUIRE CALCULATING THE TOTAL COST OF A PROJECT IN DETERMINING THE LEVEL OF LICENSURE REQUIRED; TO AMEND SECTION 40-11-310, AS AMENDED, RELATING TO PROHIBITING A PERSON FROM ENGAGING IN WORK ON A CONSTRUCTION PROJECT FOR WHICH THE PERSON INSPECTS FOR COMPLIANCE WITH CODE STANDARDS; TO AMEND 40-11-320, AS AMENDED, RELATING TO CONSTRUCTION MANAGER LICENSURE REQUIREMENTS, SO AS TO FURTHER PROVIDE FOR SUCH LICENSURE; TO AMEND SECTION 40-11-340, AS AMENDED, RELATING TO REQUIREMENTS FOR A CONTRACTOR TO ACT AS THE SOLE PRIME CONTRACTOR ON A PROJECT, SO AS TO REQUIRE CONTRACTORS SOLELY ENGAGED IN RESIDENTIAL CONSTRUCTION TO BE LICENSED OR REGISTERED AS A SPECIALTY CONTRACTOR; TO AMEND SECTION 40-11-360, AS AMENDED, RELATING TO ENTITIES, PROPERTY CONSTRUCTION PROJECTS, AND PERSONS THAT ARE EXEMPT FROM LICENSURE AND TO THE POSTING OF PUBLIC NOTICE RELATIVE TO PROJECTS REQUIRED TO BE PERFORMED BY LICENSED CONTRACTORS, SO AS TO FURTHER SPECIFY EXEMPTIONS, TO INCLUDE ADDITIONAL EXEMPTIONS, AND TO REQUIRE ADDITIONAL INFORMATION TO BE POSTED; TO AMEND SECTION 40-11-390, RELATING TO GRANTING GROUP I LICENSURE TO UNLICENSED ENTITIES ENGAGING IN GENERAL OR MECHANICAL CONSTRUCTION BEFORE OCTOBER 31, 1999, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO ENTITIES ENGAGED IN CONSTRUCTION IN THE AMOUNT OF FIVE THOUSAND DOLLARS OR MORE AND THAT APPLICATION MUST BE MADE BEFORE NOVEMBER 1, 2001; TO AMEND SECTION 40-11-410, AS AMENDED, RELATING TO GENERAL AND MECHANICAL CONTRACTOR'S LICENSE CLASSIFICATIONS AND SUBCLASSIFICATIONS, SO AS TO REVISE THE TYPES OF CONSTRUCTION WORK AND PROJECTS THAT ARE COVERED BY THE VARIOUS CLASSIFICATIONS AND SUBCLASSIFICATIONS; AND TO AMEND SECTION 40-11-420, AS AMENDED, RELATING TO THE REQUIREMENT TO OBTAIN BUILDING PERMITS, SO AS TO FURTHER SPECIFY REQUIREMENTS FOR CONTRACTORS CONTRACTING DIRECTLY WITH OWNERS SERVING AS PRIME CONTRACTORS.
Referred to Committee on Labor, Commerce and Industry
H. 3619 (Word version) -- Reps. G. Brown and Lucas: A BILL TO AUTHORIZE THE LEE COUNTY SCHOOL DISTRICT TO CHARGE AND COLLECT INCIDENTAL FEES FROM PUPILS AND TO PROVIDE A WAIVER OF THESE FEES UNDER CERTAIN CONDITIONS.
On motion of Rep. G. BROWN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
The roll call of the House of Representatives was taken resulting as follows:
Allen Allison Altman Askins Bales Barfield Barrett Battle Bingham Bowers Breeland Brown, G. Brown, J. Brown, R. Campsen Cato Chellis Coates Cobb-Hunter Coleman Cooper Dantzler Davenport Delleney Easterday Edge Emory Fleming Freeman Frye Gilham Gourdine Govan Hamilton Harrison Hayes Hines, J. Hinson Hosey Howard Huggins Keegan Kelley Kirsh Knotts Leach Lee Littlejohn Lloyd Loftis Lourie Lucas Mack Martin McCraw McGee Meacham-Richardson Merrill Miller Moody-Lawrence Neal, J.M. Ott Owens Parks Perry Phillips Rice Rivers Robinson Rodgers Sandifer Scarborough Scott Sharpe Sheheen Sinclair Smith, D.C. Smith, F.N. Smith, G.M. Smith, J.R. Smith, W.D. Snow Stille Stuart Talley Taylor Thompson Trotter Vaughn Webb Weeks Whatley White Wilder Wilkins Young, A. Young, J.
I came in after the roll call and was present for the Session on Thursday, February 22.
Walton McLeod Ronald Townsend Gary Simrill Daniel Tripp H.B. "Chip" Limehouse Jackson Whipper Alex Harvin William Clyburn Kenneth Kennedy James E. Smith Todd Rutherford James Law Mack Hines Douglas Jennings John Riser Thomas Rhoad Bill Cotty Gloria Haskins Robert Harrell James Klauber Joseph Neal Robert Walker
DOCTOR OF THE DAY
Announcement was made that Dr. Al Pakalnis of Columbia is the Doctor of the Day for the General Assembly.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 3146 (Word version)
Date: ADD:
02/22/01 MARTIN
Bill Number: H. 3103 (Word version)
Date: ADD:
02/22/01 MARTIN
Bill Number: H. 3103 (Word version)
Date: ADD:
02/22/01 THOMPSON
The following Bill was taken up:
S. 306 (Word version) -- Senator Branton: A BILL TO RESTORE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS TO THE DORCHESTER COUNTY LEGISLATIVE DELEGATION THAT HAD FORMERLY BEEN DEVOLVED TO THE GOVERNING BODY OF DORCHESTER COUNTY.
Rep. CHELLIS moved to table the Bill, which was agreed to.
The following Bills were taken up, read the third time, and ordered sent to the Senate:
H. 3085 (Word version) -- Reps. Meacham-Richardson, G. M. Smith, Altman, Whatley, Simrill and Owens: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION AND LICENSING OF MOTOR VEHICLES, BY ADDING ARTICLE 86 SO AS TO PROVIDE FOR DUCKS UNLIMITED SPECIAL LICENSE PLATES.
H. 3098 (Word version) -- Reps. McGee, Meacham-Richardson, Altman, Whatley, Owens and Rodgers: A BILL TO AMEND SECTION 56-3-3310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF PURPLE HEART LICENSE PLATES, SO AS TO REVISE THE NUMBER OF LICENSE PLATES THAT MAY BE ISSUED TO A PURPLE HEART RECIPIENT.
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
S. 220 (Word version) -- Senator Leatherman: A JOINT RESOLUTION TO PROVIDE THAT THE APPEALS PROCEDURE FOR ACTIONS BY THE INTERNAL REVENUE SERVICE IN CONNECTION WITH THE SETOFF OF A DEBT AGAINST A TAXPAYER'S REFUND IS GOVERNED BY TITLE 26 OF THE UNITED STATES CODE, NOTWITHSTANDING THE PROCEDURE PRESCRIBED IN CHAPTER 56 OF TITLE 12 FOR THE SETOFF DEBT COLLECTION ACT.
Rep. VAUGHN explained the Joint Resolution.
S. 198 (Word version) -- Senators Leatherman, Martin, Giese, Mescher, McConnell, J. V. Smith, Thomas, Verdin, Branton and Richardson: A BILL TO RATIFY AN AMENDMENT TO SECTION 3, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO ALLOW THE GOVERNING BODY OF A COUNTY TO IMPOSE A SALES AND USE TAX TO EXEMPT PRIVATE PASSENGER MOTOR VEHICLES, MOTORCYCLES, GENERAL AVIATION AIRCRAFT, BOATS, AND BOAT MOTORS FROM PROPERTY TAX LEVIED IN THE COUNTY AND TO ALLOW THIS EXEMPTION ONLY PURSUANT TO A REFERENDUM HELD IN THE COUNTY IN THE MANNER THAT THE GENERAL ASSEMBLY PROVIDES BY LAW.
S. 199 (Word version) -- Senators Leatherman, Peeler, Giese, McConnell, Wilson, Mescher, Ravenel, Richardson, Waldrep, Branton, Ritchie, Martin, Alexander, Verdin, Grooms, Reese and Courson: A BILL TO RATIFY AN AMENDMENT TO SECTION 1(8), ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO ASSESSMENT RATIOS AND CLASSES OF PROPERTY FOR PURPOSES OF THE PROPERTY TAX, SO AS TO ESTABLISH A NEW CLASS OF PROPERTY CONSISTING OF PERSONAL MOTOR VEHICLES WHICH MUST BE TITLED BY A STATE OR FEDERAL AGENCY AND LIMITED TO PASSENGER MOTOR VEHICLES AND PICKUP TRUCKS AS DEFINED BY LAW ASSESSED FOR PROPERTY TAX AT NINE AND SEVENTY-FIVE HUNDREDTHS PERCENT OF FAIR MARKET VALUE REDUCED IN ANNUAL INCREMENTS OF SEVENTY-FIVE HUNDREDTHS OF ONE PERCENT OVER SIX YEARS TO A PERMANENT RATE OF SIX PERCENT OF FAIR MARKET VALUE AND TO PROVIDE THAT THESE REVISED ASSESSMENT RATIOS AND THE NEW CLASS OF PROPERTY APPLIES FOR PROPERTY TAX YEARS BEGINNING AFTER 2001 OR IN EARLIER TAX YEARS AS THE GENERAL ASSEMBLY MAY PROVIDE BY LAW.
On motion of Rep. VAUGHN, with unanimous consent, it was ordered that S. 220 be read the third time tomorrow.
On motion of Rep. A. YOUNG, with unanimous consent, it was ordered that S. 198 be read the third time tomorrow.
On motion of Rep. A. YOUNG, with unanimous consent, it was ordered that S. 199 be read the third time tomorrow.
The following Bill was taken up:
H. 3100 (Word version) -- Rep. Simrill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-740 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON WHO REPAIRS A MOTOR VEHICLE WHOSE INFLATABLE RESTRAINT SYSTEM HAS BEEN DAMAGED OR DEPLOYED TO FAIL TO REPAIR OR REPLACE THE SYSTEM SO THAT IT IS FULLY OPERATIONAL, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Rep. SCOTT 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.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 3146 (Word version) -- Reps. Lourie, J. E. Smith, Freeman, Neilson, Robinson, Webb, Mack, Cotty, Talley, Littlejohn, Simrill, J. Hines, J. M. Neal, Emory, Bales, Miller, Campsen, Altman, Whatley, Lloyd, Bowers, M. Hines, Weeks, Rivers, Hosey, G. M. Smith, Owens, Harvin, McLeod, Sinclair, Thompson, Govan and Martin: A BILL TO AMEND SECTION 56-5-1520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF MAXIMUM SPEED LIMITS ALONG THE STATE'S HIGHWAYS, SO AS TO PROVIDE PENALTIES FOR A PERSON WHO VIOLATES THE SPEED LIMITS ESTABLISHED IN ZONES WHERE THE POSTED MAXIMUM SPEED LIMIT IS AT LEAST FIFTY-FIVE MILES AN HOUR WHILE DRIVING A COMMERCIAL MOTOR VEHICLE WHICH REQUIRES THE DRIVER TO POSSESS A COMMERCIAL DRIVER'S LICENSE.
Rep. SCOTT 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.
The SPEAKER sustained the Point of Order.
The following Bill was taken up, read the third time, and ordered sent to the Senate:
H. 3057 (Word version) -- Reps. McGee, Altman, Owens and Knotts: A BILL TO AMEND CHAPTER 15, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BAILS AND RECOGNIZANCES, BY ADDING SECTION 17-15-65 SO AS TO ESTABLISH THE OFFENSE OF WILFUL FAILURE TO APPEAR IN COURT TO ANSWER THE CHARGE OR INDICTMENT AND TO PROVIDE PENALTIES.
The following Concurrent Resolution was taken up:
H. 3491 (Word version) -- Reps. Rivers, Bowers, Gilham, Hosey, Lloyd, Rodgers, Rutherford and Sheheen: A CONCURRENT RESOLUTION TO RECOGNIZE THE CONSIDERATIONS INVOLVED FROM AN INTERSTATE COMMERCE AND OTHER CONSTITUTIONAL AND STATUTORY VIEW POINTS IN LOCATING AND DEVELOPING MAJOR DEVELOPMENT PROJECTS IN THIS STATE WHICH HAVE MULTI-STATE AND MULTI-NATIONAL EFFECTS, TO EXPRESS THE WILLINGNESS OF THE STATE OF SOUTH CAROLINA TO BE A PARTNER IN PROTECTING, COMPLYING WITH, OR WORKING THROUGH EACH OF THESE CONSTITUTIONAL OR STATUTORY CONSIDERATIONS WITH A POTENTIAL INVESTOR, AND TO COMMEND AND THANK STEVEDORING SERVICES OF AMERICA FOR THEIR WILLINGNESS TO INVEST SUBSTANTIAL SUMS OF MONEY IN SUCH PROJECTS IN UNDERDEVELOPED AREAS OF OUR STATE.
Rep. HARRISON moved to recommit the Concurrent Resolution to the Committee on Judiciary, which was agreed to.
The following Concurrent Resolution was taken up:
S. 286 (Word version) -- Senators Pinckney, McConnell, Ravenel, Branton, Mescher, Grooms and Richardson: A CONCURRENT RESOLUTION TO RECOGNIZE THE CONSIDERATIONS INVOLVED FROM AN INTERSTATE COMMERCE AND OTHER CONSTITUTIONAL AND STATUTORY VIEW POINTS IN LOCATING AND DEVELOPING MAJOR DEVELOPMENT PROJECTS IN THIS STATE WHICH HAVE MULTI-STATE AND MULTI-NATIONAL EFFECTS, TO EXPRESS THE WILLINGNESS OF THE STATE OF SOUTH CAROLINA TO BE A PARTNER IN PROTECTING, COMPLYING WITH, OR WORKING THROUGH EACH OF THESE CONSTITUTIONAL OR STATUTORY CONSIDERATIONS WITH A POTENTIAL INVESTOR, AND TO COMMEND AND THANK STEVEDORING SERVICES OF AMERICA FOR THEIR WILLINGNESS TO INVEST SUBSTANTIAL SUMS OF MONEY IN SUCH PROJECTS IN UNDERDEVELOPED AREAS OF OUR STATE.
Whereas, Stevedoring Services of America has indicated a willingness to invest more than four hundred million dollars in a project that will affect an undeveloped area of our State, specifically including Jasper, Hampton, and Colleton counties; and
Whereas, locating and developing such a project in any location is a complicated process involving many federal and state constitutional and statutory considerations, including provisions relating to the interstate commerce clause, right of use of navigable waters, apportionment of income, compliance with environmental regulations, and many other requirements and protections that affect such a major project; and
Whereas, these types of decisions must be made carefully after much analysis, research, and comparison, and the State of South Carolina is indeed fortunate to potentially have such a good partner in the tradition of other wonderful partners which we have been privileged to have and which have benefited our State and them so much; and
Whereas, the members of the General Assembly, by this resolution, would like to publicly thank Stevedoring Services of America for giving our State and especially those areas of our State which need more investment such serious consideration and indicate for the record that South Carolina would indeed be fortunate to become a partner with such a successful, innovative, and visionary company. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly hereby recognize the considerations involved from an interstate commerce and other constitutional and statutory view points in locating and developing major development projects in this State which have multi-state and multi-national effects, express the willingness of the State of South Carolina to be a partner in protecting, complying with, or working through each of these constitutional or statutory considerations with a potential investor, and commend and thank Stevedoring Services of America for their willingness to invest substantial sums of money in such projects in underdeveloped areas of our State.
Be it further resolved that a copy of this resolution be forwarded to Stevedoring Services of America in care of John A. Coakley III, their local representative.
Rep. HARRISON explained the Resolution.
The Concurrent Resolution was adopted and sent to the Senate.
The motion period was dispensed with on motion of Rep. SCOTT.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill:
H. 3303 (Word version) -- Reps. Scott and Knotts: A BILL TO RATIFY AN AMENDMENT TO SECTION 7, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, SO AS TO DELETE REFERENCES TO THE PROHIBITION ON LOTTERIES, THEIR ADVERTISING, AND TICKET SALES, TO PROVIDE THAT LOTTERIES MAY BE CONDUCTED ONLY BY THE STATE, AND TO PROVIDE FOR THE USE OF THE REVENUES DERIVED FROM THE LOTTERIES.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Askins Bales Barfield Battle Bingham Bowers Breeland Brown, G. Brown, J. Chellis Clyburn Coates Cobb-Hunter Coleman Dantzler Edge Gilham Gourdine Govan Harrison Harvin Hayes Hines, J. Hines, M. Hinson Hosey Howard Huggins Jennings Keegan Kelley Kennedy Kirsh Knotts Law Lee Limehouse Littlejohn Lloyd Lourie Mack Martin McCraw McGee McLeod Meacham-Richardson Merrill Miller Moody-Lawrence Ott Owens Parks Phillips Rhoad Rivers Robinson Rodgers Rutherford Sandifer Scarborough Scott Smith, D.C. Smith, F.N. Smith, J.E. Smith, J.R. Snow Stuart Taylor Thompson Webb Weeks Whatley Whipper White Wilder Wilkins Witherspoon Young, A.
Those who voted in the negative are:
Allison Altman Barrett Campsen Cato Cooper Davenport Delleney Easterday Emory Fleming Freeman Frye Hamilton Haskins Koon Leach Loftis Lucas Neal, J.M. Rice Riser Sharpe Sheheen Simrill Sinclair Smith, G.M. Smith, W.D. Stille Talley Townsend Tripp Trotter Vaughn Walker Young, J.
So, the Bill was read the second time and ordered to third reading.
I was off the House floor and was unable to vote on H. 3303. Had I been on the floor I would have voted yea.
Rep. Robert S. Perry, Jr.
I regret that I was unavoidably delayed in traffic and was not in the Chamber when the vote on H. 3303 was cast. Had I been present, I would have voted against the Bill since I believe that the General Assembly should be well aware of the intricacies of the lottery before a ratification Bill is passed. Enabling legislation should be adopted first.
Rep. James S. Klauber
I was temporarily out of the Chamber when the vote was taken. I would have voted in favor of the Bill.
Rep. Robert Brown
Rep. SCOTT asked unanimous consent that H. 3303 be read a third time tomorrow.
Rep. RICE objected.
The following Bill was taken up:
H. 3224 (Word version) -- Reps. Altman and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-15-115 SO AS TO PROVIDE A FORFEITURE PROCEDURE WITH RESPECT TO CASH THAT IS CONFISCATED FROM A PERSON ARRESTED FOR A PROSTITUTION VIOLATION; AND TO AMEND SECTION 16-15-110, RELATING TO PENALTIES FOR PROSTITUTION VIOLATIONS, SO AS TO PROVIDE THAT CASH CONFISCATED PURSUANT TO AN ARREST FOR PROSTITUTION IS SUBJECT TO FORFEITURE.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\AMEND\22820CM01), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1, and inserting:
/ SECTION 1. The 1976 Code is amended by adding:
"Section 16-15-115. (A) Forfeiture of cash contained in subsection (D) of this section must be accomplished by petition of the circuit solicitor or his designee to the court of common pleas for the jurisdiction where the cash was seized. The petition must be submitted to the court within a reasonable period following seizure and must contain the facts upon which the seizure was made. The petition shall identify all persons known to the petitioner to have interests in the property. A copy of the petition must be sent to each law enforcement agency which has notified the petitioner of its involvement in effecting the seizure. Notice of hearing or rule to show cause must be directed to all persons with interests in the cash listed in the petition, including law enforcement agencies which have notified the petitioner of their involvement in effecting the seizure.
(B) The judge shall determine whether the cash is subject to forfeiture and order the forfeiture confirmed. If there is a dispute regarding the division of the cash among participating law enforcement agencies, it must be determined by the judge.
(C) A forfeiture may be effected by consent order approved by the court without filing or serving pleadings or notices provided, that all persons with an interest in the cash, including participating law enforcement agencies, entitled to notice under this section, consent to the forfeiture. Disposition of the cash may be accomplished by consent of the petitioner and the agencies involved.
(D) All cash forfeited will be deposited in the General Fund to be distributed as follows:
(1) seventy-five percent to the law enforcement agency or agencies;
(2) twenty-five percent to the prosecuting agency." /
Amend title to conform.
Rep. DELLENEY explained the amendment.
The amendment was then adopted.
Reps. KNOTTS, KENNEDY and WHATLEY proposed the following Amendment No. 2 (Doc Name GJK\AMEND\20214SD01), which was adopted:
Amend the bill, as and if amended, in Section 16-15-115(A) of the 1976 Code, as contained in SECTION 1, by striking the first sentence and inserting:
/Forfeiture of cash as provided by this section must be accomplished by petition of the circuit solicitor or his designee to the court of common pleas for the jurisdiction where the cash was seized if the criminal violation giving rise to the confiscation is within the jurisdiction of the circuit court. The circuit court in turn shall transfer the forfeiture matter to the chief magistrates court within that county for disposition in the manner provided by this section, unless the circuit court hears or will hear the forfeiture matter immediately following disposal of the underlying criminal matter. The magistrates court is vested with jurisdiction to hear and determine such matters. If the criminal violation giving rise to the confiscation is within the jurisdiction of the magistrates court, the forfeiture matter also shall be heard in that court and the petition for forfeiture filed therein./
Renumber sections to conform.
Amend totals and title to conform.
Rep. KNOTTS explained the amendment.
Rep. ALTMAN spoke in favor of the amendment.
The amendment was then adopted.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Altman Askins Bales Barfield Barrett Battle Bingham Bowers Brown, G. Campsen Cato Chellis Coates Coleman Cooper Cotty Dantzler Davenport Delleney Easterday Edge Emory Fleming Freeman Gilham Gourdine Hamilton Harrison Harvin Haskins Hayes Hines, J. Hines, M. Hinson Huggins Jennings Keegan Kelley Kirsh Knotts Koon Law Leach Limehouse Littlejohn Loftis Lourie Lucas Martin McCraw McGee Meacham-Richardson Merrill Miller Moody-Lawrence Neal, J.M. Ott Owens Perry Phillips Rhoad Rice Riser Rivers Robinson Rodgers Sandifer Scarborough Sheheen Simrill Sinclair Smith, D.C. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Snow Stille Stuart Talley Taylor Thompson Townsend Tripp Vaughn Walker Webb Weeks Whipper White Wilder Wilkins Witherspoon Young, A. Young, J.
Those who voted in the negative are:
Cobb-Hunter Kennedy Lloyd Rutherford Trotter
So, the Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. ALTMAN, with unanimous consent, it was ordered that H. 3224 be read the third time tomorrow.
The following Bill was taken up:
H. 3259 (Word version) -- Reps. W. D. Smith, Wilkins, Harrison, Harrell, J. Brown, Townsend, Sharpe, Miller and Edge: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-13-1355 SO AS TO DEFINE AND REGULATE A PUSH-POLL AND PROVIDE PENALTIES FOR VIOLATIONS.
Rep. JENNINGS proposed the following Amendment No. 3 (Doc Name COUNCIL\PT\AMEND\1217DW01), which was ruled out of order:
Amend the report of the Committee on Judiciary, as and if amended, page 3259-1, line 29, by inserting after /survey/ / or printed matter /.
Amend further, page 3259-1, line 35, by striking /and/.
Amend further, page 3259-1, immediately following subsection (a) (1) b, by inserting:
/ (c) states or implies falsely, either by telephone or in writing, that they are representing an official agency, or commission, or committee performing an investigation on behalf of an official governmental entity with the intent to deceive or mislead the person receiving the communication by holding oneself out to be acting on behalf of an official entity of government. /
Amend further, page 3259-1, line 42, by inserting after /call,/ / or on the printed matter /
Amend further, page 3259-2, line 2, by inserting after /call/ / or on the printed matter /
Amend further, page 3259-2, line 4, by inserting after /call/ / or printed matter /
Amend further, page 3259-2, line 5, by inserting after /call/ / or printed matter /
Amend title to conform.
Rep. JENNINGS explained the amendment.
Rep. FLEMING raised the Point of Order that Amendment No. 3 was out of order in that it was not germane to the Bill. He stated that the Bill dealt with push-polls and telephone surveys and the amendment dealt with the practice of impersonating government officials.
Rep. JENNINGS argued that the amendment proposed to merely expand the definition of criminal conduct in the Bill by adding written materials as an offense.
Rep. EASTERDAY argued that the amendment was not germane to the Bill.
Rep. J. SMITH argued that the amendment was germane to the Bill.
Rep. MCGEE argued that the amendment was not germane to the Bill.
SPEAKER WILKINS stated that the amendment did not meet the substantial effect test of Rule 9.3. He therefore sustained the Point of Order and ruled the amendment out of order.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Allison Askins Bales Barfield Barrett Battle Bingham Bowers Breeland Brown, G. Brown, J. Campsen Cato Chellis Coates Coleman Cooper Cotty Dantzler Davenport Delleney Easterday Edge Emory Fleming Freeman Frye Gilham Gourdine Govan Hamilton Harrison Harvin Haskins Hayes Hines, J. Hines, M. Hinson Huggins Jennings Keegan Kelley Kirsh Knotts Koon Law Leach Lee Limehouse Littlejohn Loftis Lourie Lucas Mack Martin McCraw McGee McLeod Meacham-Richardson Merrill Miller Moody-Lawrence Neal, J.M. Ott Owens Parks Perry Phillips Rhoad Rice Riser Rivers Robinson Rodgers Sandifer Scarborough Scott Sharpe Sheheen Simrill Sinclair Smith, D.C. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Snow Stille Stuart Talley Taylor Thompson Townsend Tripp Trotter Vaughn Walker Webb Weeks Whatley Whipper White Wilder Wilkins Witherspoon Young, A. Young, J.
Those who voted in the negative are:
Hosey Kennedy Lloyd Rutherford
So, the Bill was read the second time and ordered to third reading.
On motion of Rep. FLEMING, with unanimous consent, it was ordered that H. 3259 be read the third time tomorrow.
The following Bill was taken up:
H. 3103 (Word version) -- Reps. Sharpe, J. E. Smith, Cotty, Sheheen, Coleman, Quinn, Harrison, Delleney, Altman, Clyburn, Merrill, Knotts, Martin and Thompson: A BILL TO AMEND SECTION 6-15-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTHORIZING GOVERNMENTAL ENTITIES TO ENTER INTO CONTRACTS WITH OTHER GOVERNMENTAL ENTITIES FOR THE COLLECTION, DISPOSAL, AND TREATMENT OF SEWAGE, AND TO AMEND SECTION 44-55-1410, RELATING TO AUTHORIZING COUNTIES TO OPERATE WATER AND SEWER FACILITIES, IN BOTH, SO AS TO PROVIDE THAT A CONTRACT SHALL NOT CONTAIN A PROVISION PROVIDING THAT MORE THAN TEN PERCENT OF THE SEWAGE TREATED BY THE SEWER FACILITIES MAY BE GENERATED FROM OUTSIDE THE BOUNDARIES OF THE STATE.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\11152AC01), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered Section to read:
/SECTION___. The 1976 Code is amended by adding:
"Section 44-55-1420. A private entity that provides water or sewer services and facilities, or both, may not under any circumstances treat sewage generated from outside the boundaries of this State if this sewage accounts for more than ten percent of the sewage treated by the facility."/
Amend the bill, as and if amended, by deleting Section 3 and inserting:
/SECTION 3. Article 15, Chapter 55, Title 44 is renamed "Water and Sewer Facilities".
SECTION 4. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. DAVENPORT explained the amendment.
Rep. ROBINSON spoke upon the amendment.
The amendment was then adopted.
Rep. EMORY spoke against the Bill.
Rep. EMORY continued speaking.
Rep. EMORY moved to adjourn debate on the Bill until Thursday, March 15.
Rep. SHARPE moved to table the motion.
Rep. SHARPE demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Allison Bales Barfield Bingham Brown, J. Campsen Cato Chellis Clyburn Coates Cobb-Hunter Coleman Cotty Davenport Delleney Edge Fleming Freeman Gilham Hamilton Harrell Harrison Harvin Haskins Hayes Hinson Hosey Howard Huggins Kennedy Klauber Knotts Koon Law Leach Lee Limehouse Loftis Lourie Lucas Mack Martin McGee McLeod Merrill Ott Owens Parks Phillips Quinn Rhoad Riser Rivers Rodgers Rutherford Sharpe Sheheen Sinclair Smith, G.M. Smith, J.E. Smith, W.D. Snow Stille Talley Taylor Thompson Townsend Vaughn Weeks Whatley Wilder Witherspoon Young, J.
Those who voted in the negative are:
Askins Barrett Battle Bowers Dantzler Easterday Emory Hines, J. Hines, M. Keegan Kelley Kirsh Littlejohn Lloyd McCraw Meacham-Richardson Miller Moody-Lawrence Neal, J.M. Perry Rice Robinson Sandifer Scarborough Simrill Stuart Tripp Trotter Webb White Young, A.
So, the motion to adjourn debate was tabled.
Rep. MEACHAM-RICHARDSON spoke against the Bill.
Rep. PHILLIPS moved to reconsider the vote whereby the motion to adjourn debate was tabled.
Rep. SHARPE moved to table the motion to reconsider.
Rep. ROBINSON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Bales Bingham Brown, J. Chellis Clyburn Coates Cobb-Hunter Coleman Cotty Davenport Delleney Edge Freeman Frye Gourdine Govan Harrison Harvin Haskins Hayes Hinson Hosey Howard Huggins Kennedy Knotts Koon Leach Lee Lloyd Lourie Lucas Mack Martin McGee McLeod Merrill Neal, J.H. Ott Owens Parks Quinn Rhoad Riser Rivers Rutherford Scott Sharpe Sheheen Sinclair Smith, J.E. Smith, W.D. Snow Stille Talley Taylor Thompson Vaughn Weeks Whatley Wilder Witherspoon
Those who voted in the negative are:
Allison Askins Barfield Barrett Battle Bowers Breeland Brown, G. Brown, R. Campsen Cato Dantzler Easterday Emory Fleming Gilham Hamilton Harrell Hines, J. Hines, M. Jennings Keegan Kelley Kirsh Klauber Law Limehouse Littlejohn McCraw Meacham-Richardson Miller Moody-Lawrence Neal, J.M. Perry Phillips Rice Robinson Rodgers Sandifer Scarborough Simrill Smith, G.M. Smith, J.R. Stuart Townsend Tripp Trotter Webb Whipper White Young, A. Young, J.
So, the motion to reconsider was tabled.
Rep. RICE moved to recommit the Bill to the Committee on Agriculture, Natural Resources and Environmental Affairs.
Rep. SHARPE moved to table the motion.
Rep. A. YOUNG demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Bales Barfield Bingham Brown, J. Campsen Chellis Clyburn Coates Cobb-Hunter Coleman Cotty Davenport Delleney Edge Fleming Freeman Frye Gilham Gourdine Govan Harrison Harvin Haskins Hayes Hines, M. Hinson Hosey Howard Jennings Kennedy Knotts Koon Leach Lee Lloyd Loftis Lourie Lucas Mack Martin McGee McLeod Merrill Neal, J.H. Ott Owens Parks Phillips Quinn Rhoad Riser Rivers Scott Sharpe Sheheen Sinclair Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Snow Stille Talley Taylor Thompson Vaughn Weeks Whatley Wilder Wilkins Witherspoon Young, J.
Those who voted in the negative are:
Allison Askins Barrett Battle Bowers Breeland Brown, R. Cato Dantzler Easterday Emory Hamilton Harrell Hines, J. Keegan Kelley Kirsh Klauber Law Littlejohn McCraw Meacham-Richardson Miller Moody-Lawrence Neal, J.M. Perry Rice Robinson Rodgers Sandifer Scarborough Simrill Stuart Townsend Tripp Trotter Webb Whipper White Young, A.
So, the motion to recommit the Bill was tabled.
Rep. RICE moved that the House recur to the morning hour.
Rep. SHARPE moved to table the motion, which was agreed to.
Rep. SCARBOROUGH moved that the House do now adjourn.
Rep. SHARPE demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Askins Bowers Breeland Emory Hosey Keegan Kelley Kennedy Kirsh Littlejohn McCraw Meacham-Richardson Moody-Lawrence Neal, J.M. Perry Rhoad Rice Robinson Scarborough Simrill Trotter Webb White Young, A.
Those who voted in the negative are:
Allen Allison Bales Barfield Barrett Battle Bingham Brown, G. Brown, J. Brown, R. Campsen Cato Chellis Clyburn Coates Cobb-Hunter Coleman Cotty Dantzler Davenport Delleney Easterday Edge Fleming Freeman Frye Gilham Gourdine Govan Harrell Harrison Harvin Haskins Hayes Hines, J. Hines, M. Hinson Huggins Jennings Klauber Law Leach Lee Limehouse Lloyd Loftis Lourie Lucas Mack Martin McGee McLeod Merrill Miller Neal, J.H. Ott Owens Parks Phillips Quinn Riser Rivers Rodgers Sandifer Scott Sharpe Sheheen Sinclair Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Snow Stille Stuart Talley Taylor Thompson Townsend Tripp Vaughn Weeks Whatley Whipper Wilder Wilkins Witherspoon Young, J.
So, the House refused to adjourn.
The question then recurred to the passage of the Bill, as amended, on second reading.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Askins Bales Barfield Barrett Battle Bingham Bowers Breeland Brown, J. Brown, R. Campsen Cato Chellis Clyburn Coates Cobb-Hunter Coleman Cotty Dantzler Davenport Delleney Easterday Edge Fleming Freeman Frye Gilham Gourdine Govan Harrell Harrison Harvin Haskins Hayes Hines, J. Hines, M. Hinson Hosey Jennings Kennedy Klauber Knotts Koon Law Leach Lee Limehouse Lloyd Loftis Lourie Lucas Mack Martin McGee McLeod Meacham-Richardson Merrill Miller Neal, J.H. Ott Owens Parks Phillips Quinn Riser Rivers Rodgers Rutherford Sandifer Scarborough Scott Sharpe Sheheen Simrill Sinclair Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Snow Stille Talley Taylor Thompson Townsend Tripp Vaughn Weeks Whatley Whipper White Wilder Wilkins Witherspoon Young, J.
Those who voted in the negative are:
Allison Cooper Emory Hamilton Keegan Kelley Kirsh Littlejohn McCraw Moody-Lawrence Neal, J.M. Perry Rice Robinson Trotter Webb Young, A.
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. HARRISON moved to adjourn debate upon the following Bill, which was adopted:
H. 3131 (Word version) -- Reps. Rodgers and Whipper: A BILL TO AMEND SECTION 15-3-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON CERTAIN CIVIL ACTIONS, SO AS TO PROVIDE THAT ACTIONS FOR ASSAULT OR BATTERY MUST BE COMMENCED WITHIN THREE YEARS; AND TO AMEND SECTION 15-3-550, AS AMENDED, RELATING TO CIVIL ACTIONS WHICH MUST BE COMMENCED WITHIN TWO YEARS, SO AS TO DELETE THE REFERENCE TO AN ACTION FOR ASSAULT AND AN ACTION FOR BATTERY.
The following Bill was taken up:
H. 3418 (Word version) -- Reps. Harrell, Quinn, Knotts, Altman, Limehouse, Bingham, Chellis, Harrison, Kelley, Riser, Rodgers, Sandifer, Simrill, W. D. Smith, Tripp, Walker, A. Young, White, Wilkins, Cato, Sharpe, Thompson, Robinson, Martin, Davenport, Hamilton, Leach, Loftis, Edge and McLeod: A BILL TO RATIFY AN AMENDMENT TO SECTION 1(8), ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO ASSESSMENT RATIOS AND CLASSES OF PROPERTY FOR PURPOSES OF THE PROPERTY TAX, SO AS TO ESTABLISH A NEW CLASS OF PROPERTY CONSISTING OF PERSONAL MOTOR VEHICLES WHICH MUST BE TITLED BY A STATE OR FEDERAL AGENCY AND LIMITED TO PASSENGER MOTOR VEHICLES AND PICKUP TRUCKS AS DEFINED BY LAW ASSESSED FOR PROPERTY TAX AT NINE AND SEVENTY-FIVE HUNDREDTHS PERCENT OF FAIR MARKET VALUE REDUCED IN ANNUAL INCREMENTS OF SEVENTY-FIVE HUNDREDTHS OF ONE PERCENT OVER SIX YEARS TO A PERMANENT RATE OF SIX PERCENT OF FAIR MARKET VALUE AND TO PROVIDE THAT THESE REVISED ASSESSMENT RATIOS AND THE NEW CLASS OF PROPERTY APPLIES FOR PROPERTY TAX YEARS BEGINNING AFTER 2001 OR IN EARLIER TAX YEARS AS THE GENERAL ASSEMBLY MAY PROVIDE BY LAW.
Rep. HARRELL moved to recommit the Bill to the Committee on Ways and Means, which was agreed to.
The following Bill was taken up:
H. 3419 (Word version) -- Reps. Harrell, Quinn, Limehouse, Knotts, Altman, Harrison, Kelley, Bingham, Chellis, Riser, Rodgers, Sandifer, Simrill, W. D. Smith, Tripp, Walker, A. Young, White, Wilkins, Cato, Sharpe, Townsend, Robinson, Koon, Martin, Davenport, Hamilton, Leach, Loftis and Edge: A BILL TO RATIFY AN AMENDMENT TO SECTION 3, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO ALLOW THE GOVERNING BODY OF A COUNTY TO IMPOSE A SALES AND USE TAX TO EXEMPT PRIVATE PASSENGER MOTOR VEHICLES, MOTORCYCLES, GENERAL AVIATION AIRCRAFT, BOATS, AND BOAT MOTORS FROM PROPERTY TAX LEVIED IN THE COUNTY AND TO ALLOW THIS EXEMPTION ONLY PURSUANT TO A REFERENDUM HELD IN THE COUNTY IN THE MANNER THAT THE GENERAL ASSEMBLY PROVIDES BY LAW.
Rep. HARRELL moved to recommit the Bill to the Committee on Ways and Means, which was agreed to.
Rep. MERRILL moved that the House recur to the morning hour, which was agreed to.
The following was introduced:
H. 3620 (Word version) -- Reps. Wilkins, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION EXPRESSING THE SINCERE CONGRATULATIONS AND APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO RANDOLPH D. SMOAK, JR., M.D., A SURGEON OF ORANGEBURG, SOUTH CAROLINA, ON BEING ELECTED THE ONE HUNDRED FIFTY-FIFTH PRESIDENT OF THE AMERICAN MEDICAL ASSOCIATION AND OFFERING A SPECIAL THANK YOU FOR HIS UNBOUNDED COMMITMENT AND ENCOURAGEMENT ON GOOD HEALTH AND PREVENTIVE CARE.
Whereas, American Medical Association (AMA) President Randolph D. Smoak, Jr., is the voice of the medical profession. He is only the third native-born South Carolinian to lead this internationally know organization; and
Whereas, Dr. Smoak, originally from Bamberg, attended the University of South Carolina for his undergraduate studies and received his medical degree from the Medical University of South Carolina, where he also completed his residency training. He went to Houston, Texas, where he completed a senior surgery oncology fellowship at the University of Texas M.D. Anderson Cancer Center; and
Whereas, Dr. Smoak, who served in the United States Air Force Medical Corps, has had a surgical practice in Orangeburg for the past thirty-three years and is a clinical professor of surgery at the Medical University of South Carolina and a clinical associate professor of surgery at the University of South Carolina School of Medicine; and
Whereas, Dr. Smoak has long been involved with the American Medical Association through his involvement in various committees and delegations, namely the Department of Health and Human Services Interagency Committee on Smoking and Health, for which he has been a zealous advocate and spokesperson. He has been a member of the Board of Trustees since 1992 and has since served as Secretary-Treasurer, Vice-Chairman, and Chairman of the Board until he was named President-elect of the American Medical Association in June of 1999; and
Whereas, Dr. Smoak has put the issues of women as medical decision makers in health care, the role of American medicine in the global community, and the American Medical Association's continuing role in the health system reform, at the forefront of his year-long presidency during which he is representing two hundred ninety thousand members; and
Whereas, Dr. Smoak believes that the cornerstone of the medical profession is the patient-physician relationship and strongly supports the passing of a federal patients' bill of rights called the "Bipartisan Patient Protection Act of 2001", recently introduced in the House and Senate; and
Whereas, as well as being actively involved in the American Medical Association, Dr. Smoak is also a leader in his community. He has previously held leadership roles in organizations such as the Kiwanis Club, the Orangeburg County Chamber of Commerce, the Orangeburg-Calhoun Technical College Foundation Board, and the Orangeburg First Presbyterian Church; and
Whereas, Dr. Smoak and his wife, Saundra, have four daughters and reside in Orangeburg; and
Whereas, it is appropriate that the members of the General Assembly pause in their deliberations to recognize the extraordinary achievements and distinguished career of Randolph D. Smoak, Jr., M.D. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, express their sincere congratulations to Randolph D. Smoak, Jr., M.D., a surgeon of Orangeburg, South Carolina, on being elected the one hundred fifty-fifth President of the American Medical Association and offering a special thank you for his unbounded commitment and encouragement on good health and preventive care.
Be it further resolved that a copy of this resolution be presented to Randolph D. Smoak, Jr., M.D.
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. 3621 (Word version) -- Reps. Merrill and Edge: A BILL TO AMEND ARTICLE 3, CHAPTER 3, TITLE 54, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA STATE PORTS AUTHORITY, BY ADDING SECTION 54-3-270 SO AS TO PROHIBIT THE USE OF PUBLIC FUNDS BY THE AUTHORITY FOR LOBBYING, PUBLIC RELATIONS, ADVERTISING, OR OTHER MARKETING EFFORTS IN CONNECTION WITH THE PURSUIT OF AN EXPANSION OF ITS FACILITIES ON DANIEL ISLAND.
Rep. MERRILL asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. PERRY objected.
Referred to Committee on Ways and Means
H. 3622 (Word version) -- Reps. Townsend and Wilkins: A BILL TO AMEND SECTION 56-5-1535, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST SPEEDING IN A HIGHWAY WORK ZONE, PENALTIES FOR A VIOLATION OF THIS PROVISION, AND SIGNS WHICH DESIGNATE A HIGHWAY WORK ZONE, SO AS TO PROVIDE THAT THE PENALTIES APPLY TO THE AREA WITHIN A HIGHWAY WORK ZONE WHEN HIGHWAY WORKERS ARE PRESENT; AND TO AMEND SECTION 56-5-1895, RELATING TO THE PROHIBITION AGAINST A VEHICLE OVERTAKING OR PASSING ANOTHER VEHICLE IN A HIGHWAY WORK ZONE AND PENALTIES FOR A VIOLATION OF THIS PROVISION, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO HIGHWAY WORK ZONES WHERE HIGHWAY WORKERS ARE PRESENT.
Referred to Committee on Education and Public Works
H. 3623 (Word version) -- Reps. Allison and Townsend: A BILL TO AMEND SECTION 59-63-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST PUBLIC SCHOOL STUDENTS POSSESSING PAGING DEVICES ON SCHOOL PROPERTY OR WHILE ATTENDING SCHOOL EVENTS, SO AS TO PROVIDE THAT PAGING DEVICES WHICH ARE CONFISCATED PURSUANT TO THIS PROVISION AND FORFEITED TO THE SCHOOL DISTRICT SHALL BE RETURNED TO THE OWNER IN THE MANNER AND UNDER THE TIME LINES GOVERNED BY SCHOOL DISTRICT POLICY.
Referred to Committee on Education and Public Works
H. 3624 (Word version) -- Reps. Rodgers, Gilham, Lloyd and Rivers: A BILL TO PROVIDE THAT THE BEAUFORT COUNTY BOARD OF EDUCATION MAY ESTABLISH, WITHIN GUIDELINES, ITS COMPENSATION AND PER DIEM.
On motion of Rep. RODGERS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3625 (Word version) -- Reps. Easterday, Tripp, Allen, Cato, Hamilton, Haskins, Leach, Loftis, Rice, F. N. Smith, Vaughn and Wilkins: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED BY STUDENTS OF HILLCREST HIGH SCHOOL OF THE GREENVILLE COUNTY SCHOOL DISTRICT ON NOVEMBER 20, 2000, AND NOVEMBER 21, 2000, BECAUSE OF POOR AIR QUALITY AND WORK RELATED THERETO ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN PROVIDING THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
On motion of Rep. EASTERDAY, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
H. 3626 (Word version) -- Rep. Law: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 37-2-308 AND 37-3-307 SO AS TO PROVIDE THAT CERTAIN DISCLOSURES MUST BE MADE BY A LENDER IN CONNECTION WITH A CREDIT SALE FOR THE PURCHASE OF A RESIDENTIAL MANUFACTURED HOME AND FOR A LOAN SECURED BY A SECURITY INTEREST IN A RESIDENTIAL MANUFACTURED HOME; TO AMEND SECTIONS 37-2-104 RELATING TO THE DEFINITION OF A CONSUMER CREDIT SALE, 37-3-104, AS AMENDED, RELATING TO THE DEFINITION OF A CONSUMER LOAN, AND 37-3-105, AS AMENDED, RELATING TO FIRST MORTGAGE REAL ESTATE LOANS, ALL SO AS TO PROVIDE THAT A CONSUMER CREDIT SALE INCLUDES A SALE OF LAND WITH A SALE OF A RESIDENTIAL MANUFACTURED HOME AND A CONSUMER LOAN INCLUDES A LOAN SECURED BY AN INTEREST IN LAND WITH A SECURITY INTEREST IN A RESIDENTIAL MANUFACTURED HOME; TO AMEND SECTION 37-5-108, AS AMENDED, RELATING TO UNCONSCIONABLE CONDUCT, SO AS TO PROVIDE THAT CAUSING FALSE STATEMENTS TO BE MADE IN CONNECTION WITH A CONSUMER TRANSACTION IS UNCONSCIONABLE CONDUCT; AND TO AMEND SECTION 37-5-203, AS AMENDED, RELATING TO CIVIL LIABILITY FOR VIOLATION OF DISCLOSURE PROVISIONS, SO AS TO PROVIDE THAT THE DISCLOSURE REQUIREMENTS IN CONNECTION WITH A CONSUMER SALE OR LOAN INVOLVING A RESIDENTIAL MANUFACTURED HOME ARE SUBJECT TO PENALTIES FOR FAILURE TO DISCLOSE.
Referred to Committee on Labor, Commerce and Industry
H. 3627 (Word version) -- Reps. Whipper, Breeland, R. Brown, Gourdine, J. Hines, M. Hines, Hosey, Lee, Lloyd, Mack, Parks and Whatley: A BILL TO AMEND SECTION 20-7-1780, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFIDENTIALITY OF ADOPTION HEARINGS AND RECORDS, AND CIRCUMSTANCES UNDER WHICH THE IDENTITIES OF AN ADOPTEE, THE BIOLOGICAL PARENTS, AND THE SIBLINGS OF THE ADOPTEE MUST BE DISCLOSED, SO AS TO DELETE THE REQUIREMENT THAT AFFIDAVITS OF THE ADOPTEE, THE BIOLOGICAL PARENTS, AND SIBLINGS MUST BE ON FILE AUTHORIZING DISCLOSURE AND TO REQUIRE ADOPTION AGENCIES TO DISCLOSE UPON WRITTEN REQUEST WHEN AN ADOPTEE IS TWENTY-ONE YEARS OF AGE OR OLDER.
Referred to Committee on Judiciary
H. 3628 (Word version) -- Reps. Kirsh and Clyburn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-9-255 SO AS TO PROVIDE THAT THE PUBLIC SERVICE COMMISSION SHALL REQUIRE COUNTYWIDE TOLL FREE CALLING TO BE PROVIDED BY ALL TELEPHONE UTILITIES OPERATING WITHIN A COUNTY BY JULY 1, 2001, TO PROVIDE THAT THE COMMISSION SHALL NOT GRANT A TELEPHONE UTILITY A RATE INCREASE TO OFFSET THE COST, IF ANY, OF COMPLYING WITH THE PROVISIONS OF THIS SECTION, AND PROVIDE FOR RELATED MATTERS.
Referred to Committee on Labor, Commerce and Industry
Rep. LUCAS moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 3612 (Word version) -- Reps. Webb, Leach, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION PROUDLY PROCLAIMING THE PRIDE AND EXCITEMENT OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA ON THE RECENT ANNOUNCEMENT BY TIME MAGAZINE NAMING CLEMSON UNIVERSITY THE "PUBLIC COLLEGE OF THE YEAR"; AND KIPLINGER'S MAGAZINE RANKING CLEMSON UNIVERSITY THE BEST VALUE IN SOUTH CAROLINA'S PUBLIC COLLEGES AND TWENTY-FIRST AMONG THE TOP ONE HUNDRED BEST VALUES IN PUBLIC COLLEGES NATIONALLY.
At 12:00 noon the House, in accordance with the motion of Rep. RICE, adjourned in memory of Mark Anthony Riddle of Easley, to meet at 10:00 a.m. tomorrow.
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