Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rep. CLYBURN as follows:
Our Father God, always near to all, cultivate within us a thankful uncomplaining heart. Give us boldness to stand for the right, strength for self-discipline, the ability to treat others as we would have them treat us, the gift of silence that we may refrain from hasty speech, the beauty of kindness and forgiveness, taking with us always something of the love of God. Heal those who need healing; make strong the wavering; guide the perplexed; befriend the lonely; give faith and courage to those whose spirits are low. To You, Lord, we give our praise and thanksgiving. 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. TALLEY moved that when the House adjourns, it adjourn in memory of Elizabeth L. Thrailkill of Spartanburg, which was agreed to.
The following was received:
February 27, 2001
Mr. Speaker and Members of the House of Representatives:
I am transmitting herewith an appointment for confirmation. This appointment is made with advice and consent of the General Assembly and is therefore, submitted for your consideration.
LOCAL APPOINTMENT
Abbeville County Master-in-Equity
Term Commencing: June 30, 1995
Term Expiring: June 30, 2001
Seat: Master-in-Equity
Vice: Ruth Gulledge
Initial Appointment
Mr. Curtis G. Clark
Post Office Box 3045
Greenwood, South Carolina 29648
864-223-8907 Fax: 864-223-8917
Respectfully,
Jim Hodges
Governor
The appointment was confirmed and a message was ordered sent to the Senate accordingly.
The following was received:
February 27, 2001
Mr. Speaker and Members of the House of Representatives:
I am transmitting herewith an appointment for confirmation. This appointment is made with advice and consent of the General Assembly and is therefore, submitted for your consideration.
LOCAL APPOINTMENT
Lexington County Master-in-Equity
Term Commencing: January 1, 2001
Term Expiring: January 1, 2007
Seat: Master-in-Equity
Reappointment
The Honorable Clyde N. Davis, Jr.
1014 Lonsdale Drive
West Columbia, South Carolina 29170
803-359-8291 Fax: 803-359-8314
Respectfully,
Jim Hodges
Governor
The appointment was confirmed and a message was ordered sent to the Senate accordingly.
The following was received:
February 27, 2001
Mr. Speaker and Members of the House of Representatives:
I am transmitting herewith an appointment for confirmation. This appointment is made with advice and consent of the General Assembly and is therefore, submitted for your consideration.
LOCAL APPOINTMENT
Lee County Master-in-Equity
Term Commencing: December 31, 2001
Term Expiring: December 31, 2007
Seat: Master-in-Equity
Reappointment
The Honorable Robert D. Jennings
1 Courthouse Square
Post Office Box 106
Bishopville, South Carolina 29010
803-484-5454 Fax: 803-484-6044
Respectfully,
Jim Hodges
Governor
The appointment was confirmed and a message was ordered sent to the Senate accordingly.
The following was received:
February 27, 2001
Mr. Speaker and Members of the House of Representatives:
I am transmitting herewith an appointment for confirmation. This appointment is made with advice and consent of the General Assembly and is therefore, submitted for your consideration.
LOCAL APPOINTMENT
Aiken County Master-in-Equity
Term Commencing: July 1, 2001
Term Expiring: June 30, 2007
Seat: Master-in-Equity
Reappointment
The Honorable Robert A. Smoak, Jr.
Post Office Box 1397
Aiken, South Carolina 29802-1397
803-642-2025 Fax: 803-643-1993
Respectfully,
Jim Hodges
Governor
The appointment was confirmed and a message was ordered sent to the Senate accordingly.
The following was received and referred to the appropriate committee for consideration:
Document No. 2602
Agency: Department of Natural Resources
Statutory Authority: 1976 Code Section 50-11-2200
Hunt Units and Wildlife Management Area Regulations
Received by Speaker of the House of Representatives
February 28, 2001
Referred to Agriculture, Natural Resources and Environmental Affairs Committee
Legislative Review Expiration June 28, 2001
Document No. 2193
Agency: Department of Revenue
Statutory Authority: 1976 Code Section 12-4-320
Article 9, Video Game Machines; 117-190 Definition - "Single Place" or "Premises"
Received by Speaker of the House of Representatives
December 3, 1997
Referred to Ways and Means Committee
Withdrawn January 28, 2001
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
H. 3492 (Word version) -- Reps. White, Barrett, Chellis, Cooper, Emory, Hayes, Keegan, Klauber, Law, Martin, McGee, J. M. Neal, Ott, Rice, Taylor, Thompson, Townsend, Trotter and A. Young: A BILL TO AMEND SECTION 56-1-1320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF PROVISIONAL DRIVERS LICENSES TO PERSONS CONVICTED OF A FIRST OFFENSE OF OPERATING A VEHICLE WHILE UNDER THE INFLUENCE OF INTOXICATING ALCOHOL, DRUGS, OR NARCOTICS, SO AS TO INCREASE THE FEE AND TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MUST USE THE ADDITIONAL REVENUES FOR HIRING AND TRAINING ADDITIONAL MEMBERS OF THE SOUTH CAROLINA HIGHWAY PATROL.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3309 (Word version) -- Rep. Cobb-Hunter: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 105 TO TITLE 59 SO AS TO ENACT THE "SOUTH CAROLINA CAMPUS SEXUAL ASSAULT INFORMATION ACT" WHICH REQUIRES INSTITUTIONS OF HIGHER LEARNING TO DEVELOP, PUBLISH, AND IMPLEMENT POLICIES AND PRACTICES TO PROMOTE PREVENTION, AWARENESS, AND REMEDIES FOR CAMPUS SEXUAL ASSAULT.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3425 (Word version) -- Reps. Knotts, Rhoad, Whatley and J. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-56-202 SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO IMPLEMENT AND ENFORCE THE FEDERAL EMERGENCY PLANNING AND COMMUNITY RIGHT TO KNOW ACT OF 1986, TO ADOPT THIS FEDERAL LAW AS THE LAW OF THIS STATE, AND TO PROVIDE FOR AN EXCEPTION.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
H. 3439 (Word version) -- Reps. Wilkins, Cato and White: A BILL TO AMEND SECTION 54-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE METHOD OF APPOINTMENT AND TERMS OF THE GOVERNING BOARD OF THE SOUTH CAROLINA PORTS AUTHORITY, SO AS TO PROVIDE THAT A PERSON MAY NOT BE APPOINTED OR CONTINUE TO SERVE ON THE BOARD, WHO IS OR BECOMES A MEMBER, ASSOCIATE, REPRESENTATIVE, OR EMPLOYEE OF A LABOR UNION IF THE PRINCIPAL ACTIVITIES OF THE UNION ARE PORTS-RELATED.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
H. 3451 (Word version) -- Reps. Robinson, Harvin, McCraw, Quinn, Cooper, Keegan, Carnell, Kirsh, Clyburn, Jennings, Koon, Cobb-Hunter, Rice, Riser, A. Young, Allison, Littlejohn, Kennedy, Limehouse, J. R. Smith, Tripp and Leach: A BILL TO AMEND TITLE 56, CHAPTER 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RENTAL OF PRIVATE PASSENGER AUTOMOBILES, SO AS TO PROVIDE THAT THIS CHAPTER ALSO APPLIES TO RENTAL VEHICLES, AND TO DEFINE RENTAL VEHICLES FOR THIS PURPOSE.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
H. 3263 (Word version) -- Rep. Davenport: A BILL TO AMEND SECTION 40-11-370, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENGAGING IN CONSTRUCTION PURSUANT TO A LICENSE, SO AS TO DEFINE "ENGAGING IN CONSTRUCTION" AND TO REQUIRE THAT A LICENSED CONTRACTOR ENGAGE IN CONSTRUCTION IN THE EXACT LICENSED NAME; AND TO AMEND SECTION 40-11-410, AS AMENDED, RELATING TO LICENSE CLASSIFICATIONS AND SUBCLASSIFICATIONS SO AS TO DELETE "GLASS" AND "GLAZING" FROM THE SUBCLASSIFICATION OF "INTERIOR RENOVATION" AND TO ADD AND DEFINE "GLASS AND GLAZING" AS A SUBCLASSIFICATION OF "GENERAL CONTRACTORS SPECIALTY".
Ordered for consideration tomorrow.
The following was introduced:
H. 3637 (Word version) -- Rep. Bowers: A CONCURRENT RESOLUTION TO RECOGNIZE MAJOR GENERAL ARNOLD FIELDS FOR HIS HONORABLE AND OUTSTANDING MILITARY CAREER IN THE UNITED STATES MARINE CORPS AND COMMEND HIM FOR THE MANY DECORATIONS HE HAS EARNED OVER THE PAST THIRTY-TWO YEARS AND FOR HIS CONTINUING LOYAL AND DEDICATED SERVICE TO OUR COUNTRY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was taken up for immediate consideration:
H. 3638 (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 TO COMMEND THE YOUNG PEOPLE IN SOUTH CAROLINA WHO ARE LEADERS IN THEIR COMMUNITIES AND TO ENCOURAGE ALL YOUNG PEOPLE TO ASPIRE TO BECOME POSITIVE ROLE MODELS ON THE OCCASION OF THE OBSERVANCE AND CELEBRATION OF SOUTH CAROLINA'S "YOUTH IN THE HOUSE DAY", MARCH 7, 2001.
Whereas, the young people of South Carolina are our most valuable asset and the future of our State; and
Whereas, understanding today's teen issues is a crucial step toward building safer and healthier communities; and
Whereas, peer behavior is a strong influence in the lives of young people today; and
Whereas, South Carolina's children, who are pressured to make difficult choices every day, promise to make good decisions based on leadership and courage; and
Whereas, public and private organizations are working together in encouraging young people to make healthy choices and engage in positive leadership activities at home and in their schools and communities. 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, commend the young people of South Carolina who are leaders in their communities and the people who are working together to help prepare our state's children for a bright future, and encourage all young people to aspire to become positive role models on the occasion of the celebration of South Carolina's "Youth in the House Day", March 7, 2001.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3639 (Word version) -- Reps. Wilkins, Keegan and Kelley: A BILL TO AMEND SECTION 59-111-75, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MILITARY DEPARTMENT AND THE DEVELOPMENT OF A LOAN REPAYMENT PROGRAM TO ENABLE QUALIFIED STATE RESIDENTS TO ATTEND COLLEGE AS AN ENLISTMENT OR RETENTION INCENTIVE FOR THE NATIONAL GUARD, SO AS TO AUTHORIZE THE COMMISSION ON HIGHER EDUCATION TO DEVELOP AND MANAGE THE PROGRAM INSTEAD OF THE ADJUTANT GENERAL AND TO FURTHER PROVIDE FOR THE PROCEDURES, CONDITIONS, AND REQUIREMENTS OF THE PROGRAM; BY ADDING SECTION 59-114-75 SO AS TO PROVIDE THAT NATIONAL GUARD TUITION ASSISTANCE GRANTS MAY NOT BE MADE AFTER JUNE 30, 2001, AND TO PROVIDE FOR TRANSITIONAL PROVISIONS TO EFFECTUATE THE ABOVE INCLUDING A PROVISION THAT THE COMMISSION ON HIGHER EDUCATION SHALL BE RESPONSIBLE FOR ADMINISTERING TUITION ASSISTANCE GRANTS MADE BEFORE JULY 1, 2001.
Referred to Committee on Education and Public Works
H. 3640 (Word version) -- Rep. Rice: A BILL TO AMEND SECTION 12-28-2740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION OF "C" FUND GASOLINE TAX REVENUES TO COUNTIES, SO AS TO DELETE OBSOLETE PROVISIONS, PROVIDE FOR THE DISTRIBUTION OF EARNINGS ON THE COUNTY TRANSPORTATION FUND, RAISE FROM ONE TO TWO THOUSAND DOLLARS THE AMOUNT WHICH MAY BE USED FOR THE EXPENSES OF THE COUNTY TRANSPORTATION COMMITTEE, CLARIFY THAT THE DEPARTMENT OF TRANSPORTATION ADMINISTERS ALL FUNDS EXPENDED ON THE STATE HIGHWAY SYSTEM, CLARIFY THE USE OF "C" FUND REVENUES, ELIMINATE BID PREFERENCES FOR COUNTIES ADMINISTERING THEIR OWN "C" FUNDS, AND GIVE THE DEPARTMENT OF TRANSPORTATION AUTHORITY TO ENFORCE "C" FUND PROVISIONS BY WITHHOLDING OF "C" FUND ALLOCATIONS AND FORFEITURE OF ALLOCATIONS.
Referred to Committee on Ways and Means
H. 3641 (Word version) -- Reps. Edge and Harrison: A BILL TO AMEND SECTION 5-7-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A COASTAL MUNICIPALITY'S CRIMINAL JURISDICTION, SO AS TO PROVIDE THAT THE POLICE DEPARTMENT OF A MUNICIPALITY WHICH IS BOUNDED BY THE ATLANTIC OCEAN TO THE EAST AND WHICH IS COMPLETELY SURROUNDED ON THE REMAINING BOUNDARIES BY ANOTHER MUNICIPALITY EXERCISES CONCURRENT CRIMINAL JURISDICTION WITH THE SURROUNDING MUNICIPALITY'S POLICE DEPARTMENT ALONG THE PORTION OF ANY UNITED STATES HIGHWAY PASSING THROUGH THE SURROUNDED MUNICIPALITY.
Referred to Committee on Judiciary
The roll call of the House of Representatives was taken resulting as follows:
Allison Altman Bales Barfield Barrett Battle Bingham Bowers Breeland Brown, G. Brown, J. Brown, R. Carnell Cato Chellis Clyburn Coates Cobb-Hunter Coleman Cooper Dantzler Delleney Easterday Edge Emory Fleming Freeman Frye Gilham Gourdine Govan Hamilton Harrell Harrison Harvin Haskins Hayes Hines, J. Hinson Hosey Howard Jennings Keegan Kelley Kennedy Kirsh Klauber Knotts Law Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack Martin McCraw McGee Meacham-Richardson Merrill Miller Moody-Lawrence Neal, J.M. Ott Owens Parks Perry Phillips Quinn Rhoad Rice Riser Rivers Robinson Rodgers Sandifer Scarborough Scott Sharpe Sheheen Simrill Sinclair Smith, D.C. Smith, F.N. Smith, J.E. Smith, J.R. Smith, W.D. Snow Stille Stuart Talley Taylor Thompson Townsend Tripp Trotter Vaughn Walker Webb Weeks Whatley White Wilder Wilkins Young, A. Young, J.
I came in after the roll call and was present for the Session on Wednesday, February 28.
William Witherspoon Mack Hines G. Murrell Smith Chip Huggins George Campsen Jackson Whipper Walton McLeod Bill Cotty Todd Rutherford Ralph Davenport Larry Koon Harry Askins Joseph Neal
STATEMENT OF ATTENDANCE
Rep. WITHERSPOON signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Thursday, February 22.
Reps. WALKER, KOON and J. YOUNG signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Thursday, February 15.
Announcement was made that Dr. Larry R. Winn of Easley is the Doctor of the Day for the General Assembly.
Rep. DELLENEY presented to the House the Lewisville High School Cheerleaders, the Class A/AA State Cheerleading Champions and their director.
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. 3144 (Word version)
Date: ADD:
02/28/01 MCLEOD
Bill Number: H. 3172 (Word version)
Date: ADD:
02/28/01 GILHAM
The following Bills were taken up, read the third time, and ordered sent to the Senate:
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.
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.
The following Joint Resolution was taken up:
H. 3277 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO LEGISLATIVE INCENTIVES FOR FUTURE EXCELLENCE (LIFE) SCHOLARSHIP, DESIGNATED AS REGULATION DOCUMENT NUMBER 2360, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. TOWNSEND moved to recommit the Joint Resolution to the Committee on Education and Public Works, which was agreed to.
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. SIMRILL proposed the following Amendment No. 2 (Doc Name COUNCIL\GGS\AMEND\22877CM01):
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 16-17-750. A person who knowingly and willfully replaces a motor vehicle's restraint system with an object which is not designed in accordance with federal safety regulations, or a person who knowingly and willfully misrepresents that, during the repair of a motor vehicle, an air bag, designed in accordance with federal safety regulations as a part of a vehicle inflatable restraint system, was installed or reinstalled is guilty of a:
(1) misdemeanor and must be imprisoned not more than three years, or fined not more than five thousand dollars, or both; or
(2) felony if a person's serious bodily injury is attributable to the object or misrepresentation, and must be imprisoned for ten years, or fined not more than ten thousand dollars, or both."
SECTION 2. This act takes effect upon approval by the Governor. /
Amend title to conform.
Rep. SIMRILL explained the amendment.
Rep. SCOTT moved to adjourn debate on the Bill until Thursday, March 1, which was agreed to.
The following Joint Resolution was taken up:
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.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\11291AC01), which was adopted:
Amend the joint resolution, as and if amended, Section 1(B), page 2 by deleting item (4) on lines 8 through 20 and inserting:
/ (4) the following members to be appointed by the Governor:
(a) one general ophthalmologist;
(b) one ophthalmologist with a specialty in or experience in providing pediatric ophthalmology to young children;
(c) one neonatologist with a specialty in or knowledge of infant eye screening;
(d) one representative of the South Carolina Academy of Pediatrics;
(e) one representative of the South Carolina Academy of Family Physicians;
(f) one representative of the South Carolina Hospital Association;
(g) one general optometrist;
(h) one optometrist with a specialty or experience in providing optometric care to young children;
(i) two parents representing two families with a child with blindness or other ocular abnormalities affecting vision./
Renumber sections to conform.
Amend totals and title to conform.
Rep. MACK explained the amendment.
The amendment was then adopted.
The Joint Resolution, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
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.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name GJK\AMEND\20190SD01), which was adopted:
Amend the bill, as and if amended, by striking Section 59-29-35 of the 1976 Code as contained in SECTION 1 and inserting:
/Section 59-29-35. To recognize the many families in South Carolina who educate their children at home as provided by law, each year the first full week in October is designated and shall be recognized as 'South Carolina Home School Awareness Week'. During 'South Carolina Home School Awareness Week', all home school students in this State and their parents or guardians who serve as their children's teacher shall be provided the same admission opportunities to any educational facilities owned by or under the control of this State or any state agency, department, or institution as are provided to public or private school students and their teachers. In addition during Home School Awareness Week, educational facilities, not including public school facilities, owned or under the control of a local political subdivision or entity also shall provide the same admission opportunities as are provided to public or private school students and their teachers./
Renumber sections to conform.
Amend totals and title to conform.
Rep. WALKER explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
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.
Rep. PARKS explained the Joint Resolution.
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.
Rep. PARKS explained the Joint Resolution.
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.
H. 3634 (Word version) -- Reps. Snow, Knotts, Allison, Altman, Askins, Bales, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, 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, Klauber, Koon, Law, Leach, 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, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-689 SO AS TO PROVIDE THAT BEACH MUSIC IS DESIGNATED AS THE OFFICIAL STATE POPULAR MUSIC OF SOUTH CAROLINA.
Rep. SNOW explained the Bill.
Reps. SANDIFER and BARRETT withdrew their requests for debate on H. 3146; however, other requests for debate remained on the Bill.
Reps. SCOTT, HOSEY, MOODY-LAWRENCE, J. BROWN, OTT, J. E. SMITH, LLOYD, GOVAN, WEEKS and J. R. SMITH withdrew their requests for debate on H. 3303; however, other requests for debate and an objection remained on the Bill.
Upon the withdrawal of requests for debate by Reps. BALES, LITTLEJOHN, GOURDINE, LAW and LOFTIS, 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.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name GGS\AMEND\22852CM01), which was adopted:
Amend the bill, as and if amended, Section 56-5-1520(H), as contained in SECTION 1, page 3, by inserting / , as defined by Section 56-1-2030(4), / after / vehicle / on line 9, and by deleting / lose his privilege to drive for six months / and inserting / , notwithstanding the provisions contained in Section 56-1-2110(F), be disqualified for six months from driving a commercial motor vehicle as defined by Section 56-1-2030(4) / on line 26.
When amended Section 56-50-1520(H) shall read:
/ "(H) A person violating 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, as defined by Section 56-1-2030(4), which requires the driver to possess a commercial driver's license is guilty of a misdemeanor and, upon conviction for a first offense, must be fined as follows:
(1) in excess of the posted limit but not in excess of ten miles an hour by a fine of not less than twenty dollars nor more than thirty-five dollars;
(2) in excess of ten miles an hour but less than fifteen miles an hour above the posted limit by a fine of not less than thirty-five dollars nor more than seventy-five dollars;
(3) in excess of fifteen miles an hour but less than twenty miles an hour above the posted limit by a fine of not less than seventy-five dollars nor more than one hundred twenty-five dollars; and
(4) in excess of twenty miles an hour above the posted limit by a fine of not less than one hundred twenty-five dollars nor more than three hundred dollars or imprisoned for not more than thirty days, and, notwithstanding the provisions contained in Section 56-1-2110(F), be disqualified for six months from driving a commercial motor vehicle as defined by Section 56-1-2030(4).
Penalties contained in this subsection are in lieu of any other penalties imposed upon a driver of a commercial motor vehicle exceeding the speed limit in a zone where the maximum speed limit is fifty-five miles an hour." /
Amend title to conform.
Rep. MARTIN explained the amendment.
The amendment was then adopted.
Reps. TOWNSEND, MARTIN and LOURIE proposed the following Amendment No. 2 (Doc Name GGS\AMEND\22865CM01), which was adopted:
Amend the bill, as and if amended, Section 56-5-1520(G)(3) and (4), as contained in SECTION 1, by striking lines 1 through 6 on page 3 and inserting:
/ (3) in excess of not less than fifteen miles an hour but less than twenty-five miles an hour above the posted limit by a fine of not less than fifty dollars nor more than seventy-five dollars; and
(4) in excess of not less than twenty-five miles an hour above the posted limit by a fine of not less than seventy-five dollars nor more than two hundred dollars or imprisoned for not more than thirty days. /
Amend further Section 56-5-1520(H)(3) and (4), as contained in SECTION 1, by striking lines 19 through 30 on page 3 and inserting:
/ (3) not less than fifteen miles an hour but less than twenty miles an hour above the posted limit by a fine of not less than seventy-five dollars nor more than one hundred twenty-five dollars; and
(4) not less than twenty miles an hour above the posted limit by a fine of not less than one hundred twenty-five dollars nor more than three hundred dollars or imprisoned for not more than thirty days, and lose his privilege to drive for six months.
Penalties contained in this subsection are in lieu of any other penalties imposed upon a driver of a commercial motor vehicle exceeding the speed limit in a zone where the maximum speed limit is fifty-five miles an hour. /
Amend title to conform.
Rep. TOWNSEND explained the amendment.
The amendment was then adopted.
Rep. RICE proposed the following Amendment No. 3 (Doc Name COUNCIL\SKB\AMEND\18227SOM01), which was adopted:
Amend the bill, as and if amended, in Section 56-5-1520 as contained in SECTION 1, page 3, line 30 by adding:
/ These penalties and fines must be posted within sixty days (60) of the signature of the Governor at the zero-mile point where all U. S. highways and interstate highways enter the State and at the intersection of interstate highways within the State. /
Renumber sections to conform.
Amend title to conform.
Rep. RICE explained the amendment.
The amendment was then adopted.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of amendments.
Rep. RICE moved that the House recur to the Morning Hour, which was agreed to.
The Senate sent to the House the following:
S. 388 (Word version) -- Senator Passailaigue: A CONCURRENT RESOLUTION TO COMMEND MRS. MARY JUDITH MCDOWELL FOR HER CONSTANT AND DEVOTED SERVICE TO THE UNITED STATES DISTRICT COURT, CHARLESTON DIVISION, CLERK'S OFFICE AND TO WISH HER WELL UPON THE OCCASION OF HER RETIREMENT.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 3642 (Word version) -- Reps. Witherspoon, Sharpe, Allison, Askins, Bales, Barfield, Barrett, J. Brown, Chellis, Clyburn, Dantzler, Edge, Frye, Gilham, Gourdine, Harvin, Hayes, Hosey, Huggins, Keegan, Kelley, Koon, Law, Limehouse, Littlejohn, Martin, McCraw, Moody-Lawrence, Ott, Phillips, Quinn, Rhoad, Riser, Rivers, Sandifer, Snow, Stille, Taylor, Townsend, Walker, Weeks and Whipper: A BILL TO AMEND SECTION 50-13-1630, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL PERMITS FOR IMPORTING CERTAIN FISH, SO AS TO AUTHORIZE ISSUANCE OF PERMITS FOR EDUCATIONAL PURPOSES AND TO AUTHORIZE THE DEPARTMENT OF NATURAL RESOURCES TO CONDITION PERMITS TO SAFEGUARD PUBLIC SAFETY AND WELFARE AND PREVENT THE INTRODUCTION INTO THE WILD OR RELEASE OF NONNATIVE SPECIES OF FISH OR OTHER ORGANISMS INTO THE WATERS OF THIS STATE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 3643 (Word version) -- Reps. Law, Chellis, Hinson and Merrill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-23-15 SO AS TO PROVIDE THAT THE DEPARTMENT OF EDUCATION SHALL CAUSE TO HAVE PREPARED BY ARCHITECTS EXPERIENCED IN SCHOOL BUILDING AND CONSTRUCTION A SERIES OF FIVE DIFFERENT MODEL SCHOOL BUILDING PLANS FOR ELEMENTARY, FOR MIDDLE, AND FOR HIGH SCHOOLS, TO PROVIDE THAT THESE PLANS SHALL BE MADE AVAILABLE TO THE SEVERAL SCHOOL DISTRICTS OF THIS STATE FOR THEIR USE WHEN UNDERTAKING NEW SCHOOL BUILDING CONSTRUCTION, AND TO PROVIDE THAT WITH CERTAIN EXCEPTIONS A DISTRICT MUST USE ONE OF THESE FIVE PLANS WHEN UNDERTAKING NEW SCHOOL BUILDING CONSTRUCTION.
Referred to Committee on Education and Public Works
H. 3644 (Word version) -- Reps. Breeland, Gourdine, J. Hines, Robinson, Bales, Battle, R. Brown, Cato, Clyburn, M. Hines, Hosey, Klauber, Law, Littlejohn, Mack, Owens, Rhoad, Scarborough, Scott, Simrill, Trotter, Vaughn, Webb and Whipper: A JOINT RESOLUTION TO ESTABLISH A COMMITTEE TO STUDY CERTAIN ISSUES AFFECTING VETERANS AND PROVIDE FOR RELATED MATTERS INCLUDING, BUT NOT LIMITED TO, COMMITTEE MEMBERSHIP AND DUTIES, THE FILLING OF VACANCIES, AND COMMITTEE MEETINGS AND STAFFING.
Referred to Committee on Medical, Military, Public and Municipal Affairs
The following was introduced:
H. 3645 (Word version) -- Rep. J. Brown: A HOUSE RESOLUTION TO CONGRATULATE ALEXA ERBACH OF COLUMBIA UPON BEING NAMED THE 2000-2001 RECIPIENT OF THE "JOE BROWN YOUTH LEADERSHIP AWARD".
The Resolution was adopted.
Debate was resumed on the following Bill, the pending question being the consideration of amendments:
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.
Reps. SCOTT and RICE proposed the following Amendment No. 5 (Doc Name COUNCIL\BBM\AMEND\9967HTC01), which was adopted:
Amend the bill, as and if amended, in Section 56-5-1520(H), as contained in SECTION 1, by adding a paragraph at the end to read:
/ Of amounts credited to the general fund of the state from assessments imposed on fines assessed pursuant to subsection (H) of this section, the first fifty thousand dollars must be used to reimburse the Department of Transportation for the signage required by this subsection. Thereafter, the balance of these assessments credited to the general fund of the state must be used for the operations of the transport police. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. RICE explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
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.
Rep. LEACH spoke upon the Bill.
The Bill was read the third time and ordered sent to the Senate.
The following Bill was taken up, read the third time, and ordered sent to the Senate:
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 motion period was dispensed with on motion of Rep. FLEMING.
The following Bill was taken up:
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 Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SKB\AMEND\18183SOM01):
Amend the bill, as and if amended, by adding appropriately numbered sections to read:
/ SECTION ___. The 1976 Code is amended by adding:
"Section 15-3-555. (A) An action to recover damages for injury to a person arising out of an act of sexual abuse or incest must be commenced within six years after the person becomes twenty-one years of age or within three years from the time of discovery by the person of the injury and the causal relationship between the injury and the sexual abuse or incest, whichever occurs later.
(B) Parental immunity is not a defense against claims based on sexual abuse or incest that occurred before, on, or after this section's effective date."
SECTION ___. Notwithstanding any other provision of law, a person who before this act's effective date filed an action to recover damages for injury arising out of sexual abuse or incest which was barred for failure to bring the action within the time required by the statute of limitations in effect at the time has three years from this act's effective date to bring an action based on that abuse or incest subject to the limitations of Section 15-3-555.
SECTION ___. Section 15-78-100 of the 1976 Code, as last amended by Act 352 of 1988, is further amended to read:
"Section 15-78-100. (a) Except as provided for in Section 15-3-40, an action for damages under this chapter may be instituted at any time within two three years after the loss was or should have been discovered. Provided, that if a claim for damages was filed and disallowed or rejected an action for damages filed under this chapter, based upon the same occurrence as the claim, may be instituted within three years after the loss was or should have been discovered.
(b) Jurisdiction for any action brought under this chapter is in the circuit court and brought in the county in which the act or omission occurred.
(c) In all actions brought pursuant to this chapter when an alleged joint tortfeasor is named as party defendant in addition to the governmental entity, the trier of fact must return a special verdict specifying the proportion of monetary liability of each defendant against whom liability is determined."
SECTION ___. Section 15-78-110 of the 1976 Code, as last amended by Act 352 of 1988, is further amended to read:
"Section 15-78-110. Except as provided for in Section 15-3-40, any action brought pursuant to this chapter is forever barred unless an action is commenced within two three years after the date the loss was or should have been discovered;. provided, that if the claimant first filed a claim pursuant to this chapter then the action for damages based upon the same occurrence is forever barred unless the action is commenced within three years of the date the loss was or should have been discovered." /
Renumber sections to conform.
Amend totals and title to conform.
Rep. MCGEE explained the amendment.
Rep. MCGEE spoke in favor of the amendment.
Rep. ROBINSON moved to divide the question.
Rep. FLEMING moved to table the motion.
Rep. FLEMING demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bowers Breeland Brown, J. Brown, R. Campsen Clyburn Coleman Delleney Easterday Fleming Harvin Hines, J. Hines, M. Hosey Jennings Lee Mack McGee Moody-Lawrence Rivers Rutherford Smith, F.N. Smith, G.M. Smith, J.E. Talley Trotter Weeks
Those who voted in the negative are:
Allison Askins Bales Barfield Barrett Battle Brown, G. Cato Chellis Coates Cooper Cotty Dantzler Davenport Edge Emory Freeman Frye Gilham Gourdine Govan Hamilton Harrell Harrison Haskins Hayes Hinson Huggins Keegan Kelley Kirsh Klauber Knotts Koon Law Leach Limehouse Littlejohn Lloyd Loftis Lourie Lucas Martin McCraw McLeod Meacham-Richardson Merrill Miller Neal, J.M. Ott Owens Parks Perry Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Scarborough Scott Sharpe Sheheen Simrill Sinclair Smith, D.C. Smith, J.R. Snow Stuart Taylor Thompson Townsend Tripp Vaughn Walker Webb Whatley White Wilder Wilkins Witherspoon Young, A.
So, the House refused to table the motion.
The question then recurred to the motion to divide the question, which was agreed to.
Rep. F. N. SMITH moved to adjourn debate on the Bill until Wednesday, March 7.
Rep. RODGERS moved to table the motion, which was agreed to by a division vote of 49 to 45.
SECTION ___. The 1976 Code is amended by adding:
"Section 15-3-555. (A) An action to recover damages for injury to a person arising out of an act of sexual abuse or incest must be commenced within six years after the person becomes twenty-one years of age or within three years from the time of discovery by the person of the injury and the causal relationship between the injury and the sexual abuse or incest, whichever occurs later.
(B) Parental immunity is not a defense against claims based on sexual abuse or incest that occurred before, on, or after this section's effective date."
The question was adopted.
SECTION ___. Notwithstanding any other provision of law, a person who before this act's effective date filed an action to recover damages for injury arising out of sexual abuse or incest which was barred for failure to bring the action within the time required by the statute of limitations in effect at the time has three years from this act's effective date to bring an action based on that abuse or incest subject to the limitations of Section 15-3-555.
Rep. F. N. SMITH moved to adjourn debate on the question.
Rep. J. E. SMITH moved to table the motion, which was agreed to.
The question was adopted.
SECTION ___. Section 15-78-100 of the 1976 Code, as last amended by Act 352 of 1988, is further amended to read:
"Section 15-78-100. (a) Except as provided for in Section 15-3-40, an action for damages under this chapter may be instituted at any time within two three years after the loss was or should have been discovered. Provided, that if a claim for damages was filed and disallowed or rejected an action for damages filed under this chapter, based upon the same occurrence as the claim, may be instituted within three years after the loss was or should have been discovered.
(b) Jurisdiction for any action brought under this chapter is in the circuit court and brought in the county in which the act or omission occurred.
(c) In all actions brought pursuant to this chapter when an alleged joint tortfeasor is named as party defendant in addition to the governmental entity, the trier of fact must return a special verdict specifying the proportion of monetary liability of each defendant against whom liability is determined."
Rep. CATO moved to table the question.
Rep. FLEMING demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bales Barfield Barrett Battle Brown, G. Brown, J. Carnell Cato Chellis Clyburn Coates Cooper Dantzler Edge Emory Frye Gilham Govan Harrell Harrison Haskins Hines, J. Hinson Hosey Huggins Keegan Kelley Kirsh Klauber Knotts Koon Law Leach Limehouse Littlejohn Lucas Martin McLeod Meacham-Richardson Merrill Miller Neal, J.M. Ott Owens Parks Perry Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Scarborough Scott Sharpe Simrill Sinclair Smith, D.C. Smith, J.R. Smith, W.D. Snow Stille Stuart Taylor Thompson Townsend Tripp Trotter Vaughn Walker Webb Whatley White Wilder Wilkins Witherspoon Young, A.
Those who voted in the negative are:
Allen Bowers Breeland Brown, R. Campsen Cobb-Hunter Coleman Cotty Davenport Delleney Easterday Fleming Freeman Gourdine Harvin Hines, M. Jennings Lee Loftis Lourie Mack McCraw McGee Moody-Lawrence Phillips Rivers Rutherford Sheheen Smith, F.N. Smith, G.M. Smith, J.E. Talley Weeks Whipper Young, J.
So, the question was tabled.
SECTION ___. Section 15-78-110 of the 1976 Code, as last amended by Act 352 of 1988, is further amended to read:
"Section 15-78-110. Except as provided for in Section 15-3-40, any action brought pursuant to this chapter is forever barred unless an action is commenced within two three years after the date the loss was or should have been discovered;. provided, that if the claimant first filed a claim pursuant to this chapter then the action for damages based upon the same occurrence is forever barred unless the action is commenced within three years of the date the loss was or should have been discovered." /
Rep. ROBINSON moved to table the question, which was agreed to.
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 Allison Altman Askins Bales Barfield Barrett Battle Bowers Breeland Brown, G. Brown, J. Brown, R. 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 Hines, J. Hines, M. Hinson Hosey Howard Huggins Jennings Keegan Kelley Kirsh Klauber Knotts Koon Law Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack Martin McCraw McGee McLeod Meacham-Richardson Merrill Miller Moody-Lawrence Neal, J.H. Neal, J.M. Ott Owens Parks Perry Phillips Quinn Rhoad Rice Rivers Robinson Rodgers Rutherford Sandifer Scarborough Scott Sharpe Simrill Sinclair Smith, D.C. Smith, F.N. 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:
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3144 (Word version) -- Reps. Wilkins, W. D. Smith, Vaughn, Delleney, Walker, Merrill, Cotty, Thompson, Edge, Simrill and McLeod: A BILL TO AMEND SECTION 2-17-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOBBYIST'S REPORTING OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-35, AS AMENDED, RELATING TO LOBBYISTS' PRINCIPALS' REPORTING OF LOBBYING EXPENDITURES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-40, AS AMENDED, RELATING TO THE STATE AGENCY OR DEPARTMENT REPORT OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING THE REPORTS; TO AMEND SECTION 2-17-90, AS AMENDED, RELATING TO ACTS PROHIBITED OF LOBBYISTS' PRINCIPALS, ACTS PROHIBITED OF PUBLIC OFFICIALS AND EMPLOYEES, EXCEPTIONS, AND DISCLOSURE REQUIREMENTS, SO AS TO EXCLUDE CABINET OFFICERS; TO AMEND SECTION 8-13-100, AS AMENDED, RELATING TO DEFINITIONS USED IN THE ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM ACT, SO AS TO DELETE WITHIN THE DEFINITION OF "ELECTION", A BALLOT MEASURE; TO AMEND SECTION 8-13-320, AS AMENDED, RELATING TO THE DUTIES AND POWERS OF THE STATE ETHICS COMMISSION, SO AS TO REQUIRE A NOTICE OF WAIVER BE FORWARDED TO THE STATE ETHICS COMMISSION AFTER A COMPLAINT HAS BEEN DISMISSED WHEN IT DOES NOT ALLEGE FACTS SUFFICIENT TO CONSTITUTE A VIOLATION; TO AMEND SECTION 8-13-530, AS AMENDED, RELATING TO THE POWERS AND DUTIES OF THE SENATE AND HOUSE OF REPRESENTATIVES ETHICS COMMITTEES, SO AS TO INCLUDE LEGISLATIVE CAUCUS COMMITTEES WITHIN THE JURISDICTION OF A COMMITTEE; TO AMEND SECTION 8-13-1300, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE PROVISIONS RELATING TO CAMPAIGN PRACTICES, SO AS TO AMEND THE DEFINITION OF "COMMITTEE" TO INCLUDE AN INDIVIDUAL WHO, TO INFLUENCE THE OUTCOME OF AN ELECTIVE OFFICE, MAKES INDEPENDENT EXPENDITURES AGGREGATING FIVE HUNDRED DOLLARS OR MORE DURING AN ELECTION CYCLE, TO AMEND THE DEFINITION OF "ELECTION" TO DELETE BALLOT MEASURE WITHIN ITS DEFINITION, TO AMEND THE DEFINITION OF "INDEPENDENT EXPENDITURE" TO INCLUDE AN EXPENDITURE MADE UPON CONSULTATION WITH A COMMITTEE OR AGENT OF A COMMITTEE OR A BALLOT MEASURE COMMITTEE OR AN AGENT OF A BALLOT MEASURE COMMITTEE, BY DEFINING "BALLOT MEASURE COMMITTEE" AND "INFLUENCE THE OUTCOME OF AN ELECTIVE OFFICE"; TO AMEND SECTION 8-13-1302, RELATING TO MAINTENANCE OF RECORDS OF CONTRIBUTIONS BY A CANDIDATE, SO AS TO INCLUDE A BALLOT MEASURE COMMITTEE; TO AMEND SECTION 8-13-1304, RELATING TO THE REQUIREMENT THAT COMMITTEES RECEIVING AND SPENDING FUNDS MUST FILE A STATEMENT OF ORGANIZATION, SO AS TO REQUIRE A BALLOT MEASURE COMMITTEE WHICH RECEIVES OR EXPENDS MORE THAN ONE THOUSAND DOLLARS IN THE AGGREGATE DURING AN ELECTION CYCLE TO INFLUENCE THE OUTCOME OF A BALLOT MEASURE TO FILE A STATEMENT OF ORGANIZATION AND DELETE THE REQUIREMENT FOR THE STATEMENT TO BE FILED BY A COMMITTEE WHICH RECEIVES OR EXPENDS MORE THAN FIVE HUNDRED DOLLARS; TO AMEND SECTION 8-13-1306, RELATING TO THE CONTENTS OF A STATEMENT OF ORGANIZATION, SO AS TO INCLUDE BALLOT MEASURE COMMITTEE WHERE APPLICABLE; TO AMEND SECTION 8-13-1308, AS AMENDED, RELATING TO THE FILING OF CERTIFIED CAMPAIGN REPORTS BY CANDIDATES AND COMMITTEES, SO AS TO INCLUDE THE MAKING OF INDEPENDENT EXPENDITURES WITHIN THE REQUIREMENTS OF THE SECTION; BY ADDING SECTION 8-13-1309, SO AS TO REQUIRE A BALLOT MEASURE COMMITTEE REQUIRED TO FILE A STATEMENT OF ORGANIZATION MUST FILE AN INITIAL CERTIFIED CAMPAIGN REPORT WHEN IT RECEIVES OR EXPENDS CAMPAIGN CONTRIBUTIONS TOTALING CERTAIN SPECIFIED AMOUNTS; TO AMEND SECTION 8-13-1310, AS AMENDED, RELATING TO THE RECIPIENTS OF CERTAIN CAMPAIGN REPORTS AND COPIES OF THEM AND THE STATE ETHICS COMMISSION REVIEW, SO AS TO ELIMINATE THE REQUIREMENT TO SEND CAMPAIGN REPORTS TO THE STATE ELECTION COMMISSION; TO AMEND SECTION 8-13-1316, RELATING TO RESTRICTIONS ON CAMPAIGN CONTRIBUTIONS RECEIVED FROM POLITICAL PARTIES, SO AS TO PROHIBIT A POLITICAL PARTY FROM RECEIVING CONTRIBUTIONS THROUGH ITS PARTY COMMITTEES OR LEGISLATIVE CAUCUS COMMITTEES WHICH TOTAL CERTAIN AGGREGATE AMOUNTS AND PROVIDE THAT A CONTRIBUTION GIVEN IN VIOLATION OF SUBSECTION (A) OF THIS SECTION MAY NOT BE KEPT BY THE RECIPIENT, BUT WITHIN TEN DAYS REMIT IT TO THE CHILDREN'S TRUST FUND; TO AMEND SECTION 8-13-1324, RELATING TO ANONYMOUS CAMPAIGN CONTRIBUTIONS, SO AS TO PROHIBIT THESE CONTRIBUTIONS TO A BALLOT MEASURE COMMITTEE; TO AMEND SECTION 8-13-1332, RELATING TO UNLAWFUL CONTRIBUTIONS AND EXPENDITURES, SO AS TO INCLUDE A BALLOT MEASURE COMMITTEE AS WELL AS A COMMITTEE AND DELETE FROM THE PROHIBITION AN ORGANIZATION OR COMMITTEE OF AN ORGANIZATION TO SOLICIT CONTRIBUTIONS TO THE ORGANIZATION COMMITTEE FROM A PERSON OTHER THAN ITS MEMBERS AND THEIR FAMILIES; BY ADDING SECTION 8-13-1333 SO AS TO AUTHORIZE NOT-FOR-PROFIT CORPORATIONS AND COMMITTEES FORMED BY NOT-FOR-PROFIT CORPORATIONS TO SOLICIT CONTRIBUTIONS FROM THE GENERAL PUBLIC; TO AMEND SECTION 8-13-1354, AS AMENDED, RELATING TO THE IDENTIFICATION OF A PERSON INDEPENDENTLY PAYING FOR ELECTION-RELATED COMMUNICATION, SO AS TO DELETE A BALLOT MEASURE FROM THE REQUIREMENTS OF THE SECTION; TO AMEND SECTION 8-13-1366, RELATING TO THE PUBLIC AVAILABILITY OF CERTIFIED CAMPAIGN REPORTS, SO AS TO ELIMINATE THE STATE ELECTION COMMISSION AS A LOCATION OF THESE REPORTS; TO AMEND SECTION 8-13-1368, RELATING TO TERMINATION OF CAMPAIGN FILING REQUIREMENTS, SO AS TO INCLUDE BALLOT MEASURE COMMITTEES WITH THE REQUIREMENTS OF THE SECTION; TO AMEND SECTION 8-13-1370, RELATING TO THE USE OF UNEXPENDED CONTRIBUTIONS BY A CANDIDATE AFTER AN ELECTION, SO AS TO INCLUDE BALLOT MEASURE COMMITTEE WITHIN THE REQUIREMENTS OF THE SECTION; TO AMEND SECTION 8-13-1372, RELATING TO TECHNICAL VIOLATIONS OF RULES ON CAMPAIGN REPORTS, SO AS TO SUBSTITUTE THE STATE ETHICS COMMISSION FOR THE STATE ELECTION COMMISSION AS THE AGENCY RESPONSIBLE FOR DETERMINING ERRORS OR OMISSIONS ON CAMPAIGN REPORTS; TO AMEND SECTION 8-13-1510, RELATING TO THE PENALTY FOR LATE FILING OF OR FAILURE TO FILE A REPORT OR STATEMENT, SO AS TO DELETE THE FIVE HUNDRED DOLLAR MAXIMUM FINE; TO AMEND SECTION 8-13-1520, RELATING TO A VIOLATION OF CHAPTER 13 OF TITLE 8, SO AS TO MAKE CERTAIN VIOLATIONS OF ARTICLE 13 OF CHAPTER 8 A MISDEMEANOR AND PROVIDE PENALTIES FOR VIOLATIONS.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\PT\AMEND\1219DW01), which was adopted:
Amend the bill, as and if amended, page 8, SECTION 12, item (31)(a) as contained in Section 8-13-1300, by deleting at the end of line 19 /one/ and continuing on line 20, by deleting /thousand/ and inserting / five hundred /
Amend further, page 8, SECTION 12, item (31)(c) as contained in Section 8-13-1300, line 26, after /aggregating/ by deleting /one thousand/ and inserting
/ five hundred /
Amend further, page 8, item (32) of Section 8-13-1300 as contained in SECTION 12, by deleting lines 27 through 31 and inserting:
/ (32) 'Influence the outcome of an elective office' means:
(a) expressly advocating the election or defeat of a clearly identified candidate using words including or substantially similar to 'vote for', 'elect', 'cast your ballot for', 'Smith for Governor', 'vote against', 'defeat', or 'reject'; or
(b) communicating campaign slogans or individual words that, taken in context, have no other reasonable meaning other than to urge the election or defeat of a clearly identified candidate including or substantially similar to slogans or words such as 'Smith's the One', 'Jones 2000', 'Smith/Jones', 'Jones!', or 'Smith-A man for the People!'." /
When amended, SECTION 12 shall read:
/ SECTION 12. Section 8-13-1300 of the 1976 Code is amended by adding the following items at the end to read:
"(31) 'Ballot measure committee' means:
(a) an association, club, an organization, or a group of persons which, to influence the outcome of a ballot measure, receives contributions or makes expenditures in excess of five hundred dollars in the aggregate during an election cycle;
(b) a person, other than an individual, who, to influence the outcome of a ballot measure, makes contributions aggregating at least fifty thousand dollars during an election cycle to, or at the request of, a ballot measure committee; or
(c) a person who makes independent expenditures aggregating five hundred dollars or more during an election cycle.
(32) 'Influence the outcome of an elective office' means:
(a) expressly advocating the election or defeat of a clearly identified candidate using words including or substantially similar to 'vote for', 'elect', 'cast your ballot for', 'Smith for Governor', 'vote against', 'defeat', or 'reject'; or
(b) communicating campaign slogans or individual words that, taken in context, have no other reasonable meaning other than to urge the election or defeat of a clearly identified candidate including or substantially similar to slogans or words such as 'Smith's the One', 'Jones 2000', 'Smith/Jones', 'Jones!', or 'Smith-A man for the People!'." /
Amend further, page 9, SECTION 14, subsection (B) as contained in Section 8-13-1304, lines 27 and 33, by deleting /one thousand/ and inserting / five hundred /
When amended, Section 8-13-1304(B) shall read:
/ (B) A ballot measure committee, except an out-of-state committee, which receives or expends more than five hundred dollars in the aggregate during an election cycle to influence the outcome of a ballot measure must file a statement of organization with the State Ethics Commission no later than five days after receiving the contribution or making the expenditure. An out-of-state ballot measure committee which expends more than five hundred dollars in the aggregate during an election cycle to influence the outcome of a ballot measure must file a statement of organization with the State Ethics Commission no later than five days after making the expenditure. /
Amend further, page 11, SECTION 17, subsection (A) as contained in Section 8-13-1309, line 14, by deleting /one thousand/ and inserting / five hundred /
When amended, subsection (A) shall read:
/ (A) Upon the receipt or expenditure of campaign contributions or the making of independent expenditures totaling, in an accumulated aggregate, five hundred dollars or more, a ballot measure committee required to file a statement of organization pursuant to Section 8-13-1304(B) must file an initial certified campaign report within ten days of these initial receipts or expenditures.
Amend further, by adding three appropriately numbered SECTIONS to read:
/ SECTION ___. Section 2-17-90(A)(1) of the 1976 Code is amended to read:
/ "(1) as to members of the General Assembly, a function to which a member of the General Assembly is invited if the entire membership of the House, the Senate, or the General Assembly is invited, or one of the committees, subcommittees, joint committees, legislative caucuses, or county legislative delegations of the General Assembly of which the legislator is a member is invited. However, the Speaker of the House and Speaker Pro Tempore of the House may be included in an invitation to one of the above groups. In addition, invitations may be extended at national and regional conventions and conferences to all members in attendance;"
SECTION ___. Section 8-13-1308 of the 1976 Code is further amended by adding a new subsection to read:
"(G) Notwithstanding any other reporting requirements in this chapter, a political party, legislative caucus committee, and a party committee must file a certified campaign report upon the receipt of anything of value which total in the aggregate five hundred dollars or more. For purposes of this section, 'anything of value' includes contributions received which may be used for the payment of operation expenses of a political party, legislative caucus committee, or a party committee. A political party must also comply with the reporting requirements of subsections (B), (C), and (F) of Section 8-13-1308 in the same manner as a candidate or committee."
SECTION ___. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or the validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, paragraphs, subparagraphs, sentences, clauses, phrases, or words thereof may be declared to be unconstitutional, invalid, or otherwise ineffective. /
Renumber sections to conform.
Amend title to conform.
Rep. CAMPSEN explained the amendment.
The amendment was then adopted.
Rep. J.E. SMITH proposed the following Amendment No. 2 (Doc Name COUNCIL\PT\AMEND\1245DW01), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. The 1976 Code is amended by adding:
"Section 8-13-1353. (A) In addition to the requirements of Section 8-13-1354, it is unlawful for a candidate, committee, party committee, political party, or ballot committee to sponsor an advertisement in the print media or on radio or television that constitutes an expenditure or contribution required to be disclosed under this section unless all the following conditions are met:
(1) it bears the legend or includes the statement: 'Paid for by ________________ (Name of candidate, committee, party committee, political party, ballot committee, individual, or other sponsor)'. In television advertisements, this disclosure shall be made by visual legend;
(2) the name used in the labeling required in item (1) of this subsection is the name that appears on the statement of organization;
(3) the candidate, committee, party committee, political party, or ballot committee states in the advertisement its position for or against the candidate, provided that this item applies only if the advertisement supports or opposes the nomination or election of one or more clearly identified candidates;
(4) the candidate, committee, party committee, political party, or ballot committee states in the advertisement its position for or against a ballot measure, provided that this item applies only if the advertisement is made for against a ballot measure;
(5) in a print media advertisement supporting or opposing the nomination or election of one or more clearly identified candidates, the candidate, committee, party committee, political party, or ballot committee states whether it is authorized by a candidate. The visual legend in the advertisement shall state either 'Authorized by (name of candidate), candidate for (name of office)' or 'Not authorized by a candidate". This item does not apply if the sponsor of the advertisement is the candidate the advertisement supports or that candidate's campaign committee; and
(6) in a print media advertisement that identifies a candidate the candidate, committee, party committee, political party, or ballot committee is opposing, the sponsor discloses in the advertisement the name of the candidate who is intended to benefit from the advertisement. This item applies only when the candidate, committee, party committee, political party, or ballot committee coordinates or consults about the advertisement or the expenditure for it with the candidate who is intended to benefit.
(B) If an advertisement described in this section is jointly sponsored, the disclosure statement shall name all the sponsors.
(C) In a print media advertisement covered by subsection (A) of this section, the height of all disclosure statements required by that subsection shall constitute at least five percent of the height of the printed space of the advertisement, provided that the type may not be less than twelve points in size. If a single advertisement consists of multiple pages, folds, or faces, the disclosure requirement of this section applies only to one page, fold, or face. In a television advertisement covered by subsection (A) of this section, the visual disclosure legend shall constitute thirty-two scan lines in size. In a radio advertisement covered by subsection (A) of this section, the disclosure statement shall last at least three seconds." /
Renumber sections to conform.
Amend title to conform.
Rep. J. E. SMITH explained the amendment.
Rep. HARRISON spoke against the amendment.
The SPEAKER granted Rep. COTTY a leave of absence for the remainder of the day due to a scheduled legal matter.
Rep. HARRISON continued speaking.
Rep. J. E. SMITH spoke in favor of the amendment.
Rep. HARRISON moved to table the amendment.
Rep. KENNEDY demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Campsen Cato Chellis Coates Cooper Dantzler Easterday Edge Fleming Frye Gilham Hamilton Harrell Harrison Haskins Hinson Huggins Keegan Kelley Klauber Koon Law Leach Limehouse Littlejohn Loftis Lucas Martin McGee Merrill Owens Perry Quinn Rice Riser Robinson Rodgers Sandifer Scarborough Sharpe Simrill Sinclair Smith, D.C. Smith, J.R. Smith, W.D. Stille Talley Taylor Thompson Townsend Trotter Vaughn Walker Webb White Wilkins Witherspoon Young, A. Young, J.
Those who voted in the negative are:
Allen Askins Bales Battle Bowers Breeland Brown, G. Brown, J. Brown, R. Carnell Clyburn Coleman Delleney Emory Freeman Gourdine Govan Harvin Hayes Hines, J. Hines, M. Hosey Howard Jennings Kennedy Kirsh Knotts Lee Lloyd Lourie Mack McCraw McLeod Meacham-Richardson Miller Moody-Lawrence Neal, J.H. Neal, J.M. Ott Parks Phillips Rhoad Rivers Rutherford Scott Sheheen Smith, F.N. Smith, J.E. Snow Stuart Tripp Weeks Whatley Whipper Wilder
So, the amendment was tabled.
Rep. J. E. SMITH proposed the following Amendment No. 3 (Doc Name COUNCIL\BBM\AMEND\9955WWW01), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION __. The 1976 Code is amended by adding:
"Section 8-13-1355. In addition to the requirements provided in Section 8-13-1354:
(A) A political campaign advertisement on radio or television must comply with the expanded disclosure requirements set forth in this section. To the extent that it provides the same information required by ______________, a statement made pursuant to this section satisfies the requirements of ___________ for the same advertisement.
(B)(1) Television advertisements purchased by a candidate or by a committee supporting or opposing the nomination or election of one or more clearly identified candidates must include a disclosure statement spoken by the candidate and containing at least the following words: 'I am (or 'This is _________')(name of candidate), candidate for (name of office), and I (or 'my campaign ______________') sponsored this ad.' This section applies only to an advertisement that mentions the name of, shows the picture of, transmits the voice of, or otherwise refers to an opposing candidate for the same office as the sponsoring candidate.
(2) Television advertisements purchased by a political party supporting or opposing the nomination or election of one or more clearly identified candidates must include a disclosure statement spoken by the chair, executive director, or treasurer of the political party and containing at least the following words: 'The (name of political party) sponsored this ad opposing/supporting (name of candidate) for (name of office).' The disclosed name of the political party must include the name of the political party as it appears on the ballot.
(3) Television advertisements purchased by a party committee supporting or opposing the nomination or election of one or more clearly identified candidates must include a disclosure statement spoken by the chief executive officer or treasurer of the party committee and containing at least the following words: "The (name of party committee) party committee sponsored this ad opposing/supporting (name of candidate) for (name of office).' The name of the party committee used in the advertisement must be the name that appears on the statement of organization.
(4) Television advertisement purchased by an individual supporting or opposing the nomination or election of one or more clearly identified candidates must include a disclosure statement spoken by the individual and containing at least the following words: "I am (individual's name), and I sponsored this advertisement opposing/supporting (name of candidate) for (name of office).'
(5) Television advertisement purchased by a sponsor other than a candidate, committee, political party, party committee, or an individual which supports or opposes the nomination or election of one or more clearly identified candidates must include a disclosure statement spoken by the chief executive or principal decision maker of the sponsor and containing at least the following words: '(Name of sponsor) sponsored this ad.'
(6) In a television advertisement described in items (1) through (4) of this subsection, an unobscured, full-screen picture containing the disclosing individual, either in photographic form or through the actual appearance of the disclosing individual on camera, must be featured throughout the duration of the disclosure statement.
(C)(1) Radio advertisement purchased by a candidate or by a committee supporting or opposing the nomination or election of one or more clearly identified candidates must include a disclosure statement spoken by the candidate and containing at least the following words: 'I am (or 'This is __') (name of candidate), candidate for (name of office), and this ad was paid for (or 'sponsored' or 'furnished') by (name of committee that paid for the advertisement).' This subsection applies only to an advertisement that mentions the name of, transmits the voice of, or otherwise refers to an opposing candidate for the same office as the sponsoring candidate.
(2) Radio advertisements purchased by a political party supporting or opposing the nomination or election of one or more clearly identified candidates must include a disclosure statement spoken by the chair, executive director, or treasurer of the political party and containing at least the following words: 'This ad opposing/supporting (name of candidate) for (name of office) was paid for (or 'sponsored' or 'furnished') by (name of party committee) party action committee.' The name of the party committee used in the advertisement must be the name that appears on the statement of organization.
(4) Radio advertisement purchased by an individual supporting or opposing the nomination or election of one or more clearly identified candidates must include a disclosure statement spoken by the individual and containing at least the following words: 'I am (individual's name), and this ad opposing/supporting (name of candidate) for (name of office) was paid for (or 'sponsored' or 'furnished') by me.'
(5) Radio advertisement purchased by a sponsor other than a candidate, a committee, a political party, a party committee, or an individual which supports or opposes the nomination or election of one or more clearly identified candidates must include a disclosure statement spoken by the chief executive or principal decision maker of the sponsor and containing at least the following words: '(Name of sponsor) paid for (or 'sponsored' or 'furnished') this ad.'
(D) In advertisements on television, a sponsor may place the disclosure statement required by this section at any point during the advertisement, except if the duration of the advertisement is more than five minutes, the disclosure statement must be made both at the beginning and end of the advertisement. The sponsor may provide the oral disclosure statement required by this section at the same time as the visual disclosure required under the Communications Act of 1934, 47 U.S.C. Sections 315 and 317, is shown. Any visual disclosure legend must be least thirty-two scan lines in size. For advertisements on radio, the placement of the oral disclosure statement must comply with the requirements of the Communications Act of 1934, 47 U.S.C. Sections 315 and 317.
(E) In its oral disclosure statement, a sponsoring political party committee, individual, or ballot measure committee shall choose either to identify an advertisement as supporting or opposing the nomination or election of one or more clearly identified candidates.
(F) If an advertisement described in this section is jointly sponsored, the disclosure statement must name all the sponsors and the disclosing individual must be one of those sponsors. If a candidate is one of the sponsors, that candidate must be the disclosing individual, and if more than one candidate is the sponsor, at least one of the candidates must be the disclosing individual." /
Amend title to conform.
Rep. J. E. SMITH explained the amendment.
Rep. J. E. SMITH spoke in favor of the amendment.
Rep. JENNINGS spoke in favor of the amendment.
Rep. CAMPSEN spoke against the amendment.
Rep. J. E. SMITH moved to table the amendment, which was agreed to.
Rep. LUCAS moved that the House recede until 2:15 p.m., which was agreed to.
Further proceedings were interrupted by the House receding, the pending question being consideration of amendments.
At 2:15 p.m. the House resumed, the SPEAKER in the Chair.
The SPEAKER granted Rep. J. YOUNG a leave of absence for the remainder of the day due to having a legal deposition in Charleston.
The question of a quorum was raised.
A quorum was later present.
Debate was resumed on the following Bill, the pending question being the consideration of amendments:
H. 3144 (Word version) -- Reps. Wilkins, W. D. Smith, Vaughn, Delleney, Walker, Merrill, Cotty, Thompson, Edge, Simrill and McLeod: A BILL TO AMEND SECTION 2-17-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOBBYIST'S REPORTING OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-35, AS AMENDED, RELATING TO LOBBYISTS' PRINCIPALS' REPORTING OF LOBBYING EXPENDITURES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-40, AS AMENDED, RELATING TO THE STATE AGENCY OR DEPARTMENT REPORT OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING THE REPORTS; TO AMEND SECTION 2-17-90, AS AMENDED, RELATING TO ACTS PROHIBITED OF LOBBYISTS' PRINCIPALS, ACTS PROHIBITED OF PUBLIC OFFICIALS AND EMPLOYEES, EXCEPTIONS, AND DISCLOSURE REQUIREMENTS, SO AS TO EXCLUDE CABINET OFFICERS; TO AMEND SECTION 8-13-100, AS AMENDED, RELATING TO DEFINITIONS USED IN THE ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM ACT, SO AS TO DELETE WITHIN THE DEFINITION OF "ELECTION", A BALLOT MEASURE; TO AMEND SECTION 8-13-320, AS AMENDED, RELATING TO THE DUTIES AND POWERS OF THE STATE ETHICS COMMISSION, SO AS TO REQUIRE A NOTICE OF WAIVER BE FORWARDED TO THE STATE ETHICS COMMISSION AFTER A COMPLAINT HAS BEEN DISMISSED WHEN IT DOES NOT ALLEGE FACTS SUFFICIENT TO CONSTITUTE A VIOLATION; TO AMEND SECTION 8-13-530, AS AMENDED, RELATING TO THE POWERS AND DUTIES OF THE SENATE AND HOUSE OF REPRESENTATIVES ETHICS COMMITTEES, SO AS TO INCLUDE LEGISLATIVE CAUCUS COMMITTEES WITHIN THE JURISDICTION OF A COMMITTEE; TO AMEND SECTION 8-13-1300, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE PROVISIONS RELATING TO CAMPAIGN PRACTICES, SO AS TO AMEND THE DEFINITION OF "COMMITTEE" TO INCLUDE AN INDIVIDUAL WHO, TO INFLUENCE THE OUTCOME OF AN ELECTIVE OFFICE, MAKES INDEPENDENT EXPENDITURES AGGREGATING FIVE HUNDRED DOLLARS OR MORE DURING AN ELECTION CYCLE, TO AMEND THE DEFINITION OF "ELECTION" TO DELETE BALLOT MEASURE WITHIN ITS DEFINITION, TO AMEND THE DEFINITION OF "INDEPENDENT EXPENDITURE" TO INCLUDE AN EXPENDITURE MADE UPON CONSULTATION WITH A COMMITTEE OR AGENT OF A COMMITTEE OR A BALLOT MEASURE COMMITTEE OR AN AGENT OF A BALLOT MEASURE COMMITTEE, BY DEFINING "BALLOT MEASURE COMMITTEE" AND "INFLUENCE THE OUTCOME OF AN ELECTIVE OFFICE"; TO AMEND SECTION 8-13-1302, RELATING TO MAINTENANCE OF RECORDS OF CONTRIBUTIONS BY A CANDIDATE, SO AS TO INCLUDE A BALLOT MEASURE COMMITTEE; TO AMEND SECTION 8-13-1304, RELATING TO THE REQUIREMENT THAT COMMITTEES RECEIVING AND SPENDING FUNDS MUST FILE A STATEMENT OF ORGANIZATION, SO AS TO REQUIRE A BALLOT MEASURE COMMITTEE WHICH RECEIVES OR EXPENDS MORE THAN ONE THOUSAND DOLLARS IN THE AGGREGATE DURING AN ELECTION CYCLE TO INFLUENCE THE OUTCOME OF A BALLOT MEASURE TO FILE A STATEMENT OF ORGANIZATION AND DELETE THE REQUIREMENT FOR THE STATEMENT TO BE FILED BY A COMMITTEE WHICH RECEIVES OR EXPENDS MORE THAN FIVE HUNDRED DOLLARS; TO AMEND SECTION 8-13-1306, RELATING TO THE CONTENTS OF A STATEMENT OF ORGANIZATION, SO AS TO INCLUDE BALLOT MEASURE COMMITTEE WHERE APPLICABLE; TO AMEND SECTION 8-13-1308, AS AMENDED, RELATING TO THE FILING OF CERTIFIED CAMPAIGN REPORTS BY CANDIDATES AND COMMITTEES, SO AS TO INCLUDE THE MAKING OF INDEPENDENT EXPENDITURES WITHIN THE REQUIREMENTS OF THE SECTION; BY ADDING SECTION 8-13-1309, SO AS TO REQUIRE A BALLOT MEASURE COMMITTEE REQUIRED TO FILE A STATEMENT OF ORGANIZATION MUST FILE AN INITIAL CERTIFIED CAMPAIGN REPORT WHEN IT RECEIVES OR EXPENDS CAMPAIGN CONTRIBUTIONS TOTALING CERTAIN SPECIFIED AMOUNTS; TO AMEND SECTION 8-13-1310, AS AMENDED, RELATING TO THE RECIPIENTS OF CERTAIN CAMPAIGN REPORTS AND COPIES OF THEM AND THE STATE ETHICS COMMISSION REVIEW, SO AS TO ELIMINATE THE REQUIREMENT TO SEND CAMPAIGN REPORTS TO THE STATE ELECTION COMMISSION; TO AMEND SECTION 8-13-1316, RELATING TO RESTRICTIONS ON CAMPAIGN CONTRIBUTIONS RECEIVED FROM POLITICAL PARTIES, SO AS TO PROHIBIT A POLITICAL PARTY FROM RECEIVING CONTRIBUTIONS THROUGH ITS PARTY COMMITTEES OR LEGISLATIVE CAUCUS COMMITTEES WHICH TOTAL CERTAIN AGGREGATE AMOUNTS AND PROVIDE THAT A CONTRIBUTION GIVEN IN VIOLATION OF SUBSECTION (A) OF THIS SECTION MAY NOT BE KEPT BY THE RECIPIENT, BUT WITHIN TEN DAYS REMIT IT TO THE CHILDREN'S TRUST FUND; TO AMEND SECTION 8-13-1324, RELATING TO ANONYMOUS CAMPAIGN CONTRIBUTIONS, SO AS TO PROHIBIT THESE CONTRIBUTIONS TO A BALLOT MEASURE COMMITTEE; TO AMEND SECTION 8-13-1332, RELATING TO UNLAWFUL CONTRIBUTIONS AND EXPENDITURES, SO AS TO INCLUDE A BALLOT MEASURE COMMITTEE AS WELL AS A COMMITTEE AND DELETE FROM THE PROHIBITION AN ORGANIZATION OR COMMITTEE OF AN ORGANIZATION TO SOLICIT CONTRIBUTIONS TO THE ORGANIZATION COMMITTEE FROM A PERSON OTHER THAN ITS MEMBERS AND THEIR FAMILIES; BY ADDING SECTION 8-13-1333 SO AS TO AUTHORIZE NOT-FOR-PROFIT CORPORATIONS AND COMMITTEES FORMED BY NOT-FOR-PROFIT CORPORATIONS TO SOLICIT CONTRIBUTIONS FROM THE GENERAL PUBLIC; TO AMEND SECTION 8-13-1354, AS AMENDED, RELATING TO THE IDENTIFICATION OF A PERSON INDEPENDENTLY PAYING FOR ELECTION-RELATED COMMUNICATION, SO AS TO DELETE A BALLOT MEASURE FROM THE REQUIREMENTS OF THE SECTION; TO AMEND SECTION 8-13-1366, RELATING TO THE PUBLIC AVAILABILITY OF CERTIFIED CAMPAIGN REPORTS, SO AS TO ELIMINATE THE STATE ELECTION COMMISSION AS A LOCATION OF THESE REPORTS; TO AMEND SECTION 8-13-1368, RELATING TO TERMINATION OF CAMPAIGN FILING REQUIREMENTS, SO AS TO INCLUDE BALLOT MEASURE COMMITTEES WITH THE REQUIREMENTS OF THE SECTION; TO AMEND SECTION 8-13-1370, RELATING TO THE USE OF UNEXPENDED CONTRIBUTIONS BY A CANDIDATE AFTER AN ELECTION, SO AS TO INCLUDE BALLOT MEASURE COMMITTEE WITHIN THE REQUIREMENTS OF THE SECTION; TO AMEND SECTION 8-13-1372, RELATING TO TECHNICAL VIOLATIONS OF RULES ON CAMPAIGN REPORTS, SO AS TO SUBSTITUTE THE STATE ETHICS COMMISSION FOR THE STATE ELECTION COMMISSION AS THE AGENCY RESPONSIBLE FOR DETERMINING ERRORS OR OMISSIONS ON CAMPAIGN REPORTS; TO AMEND SECTION 8-13-1510, RELATING TO THE PENALTY FOR LATE FILING OF OR FAILURE TO FILE A REPORT OR STATEMENT, SO AS TO DELETE THE FIVE HUNDRED DOLLAR MAXIMUM FINE; TO AMEND SECTION 8-13-1520, RELATING TO A VIOLATION OF CHAPTER 13 OF TITLE 8, SO AS TO MAKE CERTAIN VIOLATIONS OF ARTICLE 13 OF CHAPTER 8 A MISDEMEANOR AND PROVIDE PENALTIES FOR VIOLATIONS.
Rep. J.E. SMITH proposed the following Amendment No. 4 (Doc Name COUNCIL\PT\AMEND\1240DW01), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Section 2-17-110 of the 1976 Code, as last amended by Act 248 of 1991, is further amended by adding a new subsection to read:
"(J) A lobbyist or a lobbyist principal may not make a contribution to a candidate or a political caucus during the period each year beginning at the time the General Assembly convenes pursuant to the provisions of Article III, Section 9 of the Constitution of this State and ending at the time it adjourns, sine die." /
Renumber sections to conform.
Amend title to conform.
Rep. J. E. SMITH explained the amendment.
Rep. QUINN spoke against the amendment.
Rep. J. E. SMITH spoke in favor of the amendment.
Rep. J. E. SMITH moved to table the amendment, which was agreed to.
Rep. J. E. SMITH proposed the following Amendment No. 5 (Doc Name COUNCIL\SKB\AMEND\18221SOM01), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/ SECTION __. The 1976 Code is amended by adding:
"Section 8-13-1313. A candidate, any person acting on a candidate's behalf, a political party, party committee, legislative caucus committee, or ballot measure committee may not solicit, receive or direct to another person a contribution, donation, or transfer of funds, or any other thing of value, or spend any funds that are not a contribution and subject to the limitations, prohibitions, and reporting requirements of this article. For purposes of this section, the term 'contribution' is as defined in Section 8-13-1300. The term 'thing of value' is as defined in Section 8-13-100 and also includes contributions received which may be used for the payment of operating expenses of a political party, party committee, legislative caucus committee, or ballot measure committee." /
Renumber sections to conform.
Amend title to conform.
Rep. JENNINGS explained the amendment.
Rep. W. D. SMITH spoke against the amendment.
Rep. W. D. SMITH spoke against the amendment.
Rep. ALTMAN spoke against the amendment.
Rep. J. E. SMITH spoke in favor of the amendment.
Rep. J. E. SMITH spoke in favor of the amendment.
Rep. HARRISON spoke against the amendment.
Rep. FLEMING moved to table the amendment.
Rep. KENNEDY demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Askins Barfield Barrett Bingham Campsen Cato Chellis Coates Cooper Dantzler Davenport Delleney Easterday Fleming Frye Gilham Hamilton Harrell Harrison Haskins Hinson Huggins Keegan Klauber Koon Law Leach Limehouse Littlejohn Loftis Lucas McGee Merrill Owens Perry Quinn Rice Riser Robinson Rodgers Sandifer Scarborough Sharpe Simrill Sinclair Smith, D.C. Smith, G.M. Smith, J.R. Smith, W.D. Stille Stuart Talley Taylor Townsend Trotter Vaughn Walker Webb White Wilkins Witherspoon Young, A.
Those who voted in the negative are:
Bales Battle Bowers Breeland Brown, G. Brown, R. Carnell Clyburn Coleman Emory Freeman Govan Harvin Hayes Hines, J. Hines, M. Hosey Jennings Kennedy Kirsh Lee Lloyd Lourie Mack McCraw McLeod Meacham-Richardson Miller Moody-Lawrence Parks Phillips Rivers Rutherford Scott Sheheen Smith, J.E. Snow Thompson Tripp Whatley Whipper Wilder
So, the amendment was tabled.
Rep. J. E. SMITH proposed the following Amendment No. 7 (Doc Name COUNCIL\SKB\AMEND\18228SOM01), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/ SECTION __. The 1976 Code is amended by adding:
"Section 8-13-1380. (A) Coordinated activity is considered to be a contribution to the candidate and an expenditure by the candidate subject to the provisions of this article.
(B) For purposes of this article, 'coordinated activity' means anything of value provided by a person in connection with a candidate's election who is or previously has been within the same election cycle acting in coordination with that candidate, or an agent of that candidate on any campaign activity in connection with an election in which the candidate seeks nomination or election to office, regardless of whether the value being provided is in the form of a communication that expressly advocates a vote for or against a candidate, and includes any of the following:
(1) A payment made by a person in cooperation, consultation, or concert with, at the request or suggestion of, or pursuant to any general or particular understanding with a candidate, the candidate's authorized committee, the political party of the candidate, or an agent acting on behalf of a candidate, authorized committee, or the political party of the candidate.
(2) A payment made by a person for the production, dissemination, distribution, or republication, in whole or in part, of any broadcast or any written, graphic, or other form of campaign material by a candidate, a candidate's authorized committee, or an agent of a candidate or authorized committee, not including a communication that expressly advocates the candidates defeat, except materials published on a candidate's website and republished at a cost of less that one thousand dollars.
(3) A payment made by a person if, in the same election cycle in which the payment is made, the person making the payment:
(a) is serving or previously has served as:
(i) an employee;
(ii) a fundraiser; or
(iii) an agent of the candidate or the candidate's authorized committee in an executive or policymaking capacity; or
(b) has previously participated in discussions, other than on an incidental basis, that have been:
(i) with the candidate, an agent of the candidate, or the candidate's authorized committee, or with a political party that is coordinating with the candidate; and
(ii) about the candidate's campaign strategy and tactics, including a discussion about advertising, message, allocation of resources, fundraising, or campaign operations.
(4) A payment made by a person if, in the same election cycle, the person making the payment retains the professional services of any person who has provided those services in the same election cycle to a candidate, including services provided through a political committee of the candidate's political party, in connection with the candidate's pursuit of nomination for election, or election, to office, including services relating to the candidate's decision to seek office, and the person retained is retained to work on activities relating to that candidate's campaign.
(C) For purposes of subparagraph (B), the term 'professional services' means polling, media advice, fundraising, campaign research, political advice, or direct mail services, except for mailhouse services, in support of a candidate's pursuit of nomination for election, or election to office.
(D) For purposes of subparagraph (C), all political committees established and maintained by a national political party, including all congressional campaign committees, and all political committees established and maintained by a State political party, including any subordinate committee of a State committee, are considered a single political committee.
(E) When a political party committee makes an expenditure that refers to a clearly identified candidate of that party, or to the opponent of a candidate of that party, in connection with an election, regardless of whether the communication expressly advocates a vote for or against the candidate, the expenditure is deemed to be made in coordination with the candidate of that party, unless the party certifies under penalty of perjury that there has been no coordination by the party." /
Renumber sections to conform.
Amend title to conform.
Rep. J. E. SMITH explained the amendment.
Rep. J. E. SMITH spoke in favor of the amendment.
Rep. CAMPSEN spoke against the amendment.
Rep. JENNINGS spoke in favor of the amendment.
Rep. FLEMING moved to table the amendment.
Rep. J. E. SMITH demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Bales Barfield Barrett Bingham Campsen Cato Chellis Coates Coleman Cooper Dantzler Davenport Delleney Easterday Fleming Frye Gilham Hamilton Harrell Harrison Haskins Hinson Huggins Keegan Kelley Klauber Koon Law Leach Limehouse Littlejohn Loftis Lucas McGee Merrill Owens Perry Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Scarborough Sharpe Simrill Sinclair Smith, D.C. Smith, G.M. Smith, J.R. Smith, W.D. Stuart Talley Taylor Thompson Townsend Tripp Trotter Vaughn Walker Webb Whatley Whipper White Wilkins Witherspoon Young, A.
Those who voted in the negative are:
Battle Bowers Breeland Brown, G. Brown, R. Clyburn Cobb-Hunter Emory Freeman Govan Harvin Hayes Hines, J. Hines, M. Hosey Jennings Kennedy Kirsh Lee Lloyd Lourie Mack McCraw McLeod Meacham-Richardson Miller Moody-Lawrence Neal, J.M. Ott Parks Phillips Rivers Rutherford Scott Sheheen Smith, J.E. Snow Stille Wilder
So, the amendment was tabled.
Rep. J. E. SMITH proposed the following Amendment No. 8 (Doc Name COUNCIL\SKB\AMEND\18255SOM01), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. The 1976 Code is amended by adding:
"Section 8-13-1378. (A) Every person who makes a disbursement for electioneering communications in an aggregate amount in excess of ten thousand dollars during any calendar year shall, by January tenth of the succeeding year, file with the State Ethics Commission a statement containing the information described in subsection (B).
(B) Each statement required to be filed under this subsection shall be made under penalty of perjury and shall contain the following information:
(1) the identification of a person making the disbursement, of any entity sharing or exercising direction or control over the activities of such person, and of the custodian of the books and accounts of the person making the disbursement;
(2) the principal place of business of the person making the disbursement, if not an individual;
(3) the amount of each disbursement of more than two hundred dollars during the period covered by the statement and the identification of the person to whom the disbursement was made;
(4) the elections to which the electioneering communications pertain and the names, if known, of the candidates identified or to be identified;
(5) if the disbursements were paid out of a segregated bank account which consists of funds contributed solely by individuals directly to this account for electioneering communications, the names and address of all contributors who contributed an aggregate amount of one thousand dollars or more to that account during the period beginning on the first day of the preceding calendar year and ending on the disclosure date. Nothing in this section is to be construed as a prohibition on the use of funds in such a segregated account for a purpose other than electioneering communications; and
(6) if the disbursements were paid out of funds not described in subparagraph (5), the names and addresses of all contributors who contributed an aggregate amount of one thousand dollars or more to the organization during the period beginning on the first day of the preceding calendar year and ending on the disclosure date.
(B) For purposes of this section 'electioneering communications' means any
broadcast, cable, or satellite communication which:
(1) refers to a clearly identified candidate for elective office;
(2) is made within:
(a) sixty days before a general, special, or runoff election for the office; or
(b) thirty days before a primary or preference election, or a convention or caucus of a political party that has authority to nominate a candidate, for the office; and
(3) is made to an audience that includes members of the electorate for the election, convention, or caucus.
(C) 'Electioneering communications' does not include:
(1) a communication appearing in a news story, commentary, or editorial distributed through the facilities of any broadcasting station, unless the facilities are owned or controlled by any political party, political committee, or candidate; or
(2) a communication which constitutes an independent expenditure under this article." /
Renumber sections to conform.
Amend title to conform.
Rep. J. E. SMITH explained the amendment.
Rep. HARRISON moved to table the amendment.
Rep. KENNEDY demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Askins Bales Barfield Barrett Bingham Brown, J. Campsen Cato Chellis Coates Cooper Dantzler Davenport Delleney Easterday Fleming Frye Gilham Hamilton Harrell Harrison Haskins Hinson Huggins Keegan Kelley Klauber Koon Law Leach Limehouse Littlejohn Loftis Lucas McGee Merrill Owens Perry Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Scarborough Sharpe Simrill Sinclair Smith, D.C. Smith, G.M. Smith, J.R. Smith, W.D. Snow Stuart Talley Taylor Thompson Townsend Tripp Trotter Vaughn Walker Webb Whatley White Wilkins Witherspoon Young, A.
Those who voted in the negative are:
Breeland Brown, G. Brown, R. Clyburn Coleman Emory Freeman Govan Harvin Hayes Hines, J. Hines, M. Hosey Howard Kennedy Kirsh Lee Lloyd Lourie Mack McCraw McLeod Meacham-Richardson Moody-Lawrence Ott Parks Rivers Scott Sheheen Smith, J.E. Stille Whipper Wilder
So, the amendment was tabled.
Rep. J. E. SMITH proposed the following Amendment No. 10 (Doc Name COUNCIL\NBD\AMEND\11303DW01), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION ___. The 1976 Code is amended by adding:
"Section 8-13-1315. A labor organization or corporation may not make a contribution to a candidate or committee and a candidate or committee may not accept a contribution from a labor organization or corporation." /
Renumber sections to conform.
Amend totals and title to conform.
Rep. J. E. SMITH explained the amendment.
Rep. JENNINGS moved that the House do now adjourn.
Rep. FLEMING demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bowers Breeland Clyburn Freeman Gilham Harvin Hayes Hines, M. Hosey Jennings Kirsh Lee Lloyd Mack McLeod Moody-Lawrence Sheheen Smith, J.E. Wilder
Those who voted in the negative are:
Allison Altman Bales Barrett Bingham Brown, G. Brown, J. Brown, R. Campsen Cato Chellis Coates Coleman Cooper Dantzler Davenport Delleney Easterday Fleming Frye Govan Hamilton Harrell Harrison Haskins Hinson Huggins Keegan Kelley Klauber Koon Law Leach Limehouse Loftis Lourie Lucas McCraw McGee Meacham-Richardson Merrill Ott Owens Parks Perry Phillips Quinn Rhoad Rice Riser Rivers Robinson Rodgers Scarborough Sharpe Simrill Sinclair Smith, D.C. Smith, G.M. Smith, J.R. Smith, W.D. Stille Stuart Talley Taylor Thompson Townsend Tripp Trotter Vaughn Walker Webb Whipper White Wilkins Witherspoon Young, A.
So, the House refused to adjourn.
The SPEAKER granted Rep. JENNINGS a leave of absence for the remainder of the day.
Rep. EASTERDAY moved to table the amendment.
Rep. J. E. SMITH demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 60 to 25.
Rep. J. E. SMITH proposed the following Amendment No. 11 (Doc Name COUNCIL\NBD\AMEND\11304DW01), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/ SECTION ___. The 1976 Code is amended by adding:
"Section 8-13-1329. (A) For purposes of this section 'electioneering communication' means any broadcast, cable, or satellite communication which:
(1) refers to a clearly identified candidate for elective office;
(2) is made within:
(a) sixty days before a general, special, or runoff election for the office; or
(b) thirty days before a primary or preference election, or a convention or caucus of a political party that has authority to nominate a candidate, for the office; and
(3) is made to an audience that includes members of the electorate for the election, convention, or caucus.
(B) 'Electioneering communication' does not include:
(1) a communication appearing in a news story, commentary, or editorial distributed through the facilities of any broadcasting station, unless such facilities are owned or controlled by any political party, political committee, or candidate; or
(2) a communication which constitutes an expenditure or an independent expenditure under this chapter.
(C) A labor organization or corporation may not make a contribution to a candidate or committee used for any electioneering communication, as defined in subsections (A) and (B) of this section."/
Renumber sections to conform.
Amend title to conform.
Rep. J. E. SMITH explained the amendment.
Rep. FLEMING moved to table the amendment, which was agreed to.
Rep. J. E. SMITH proposed the following Amendment No. 12 (Doc Name COUNCIL\NBD\AMEND\11301DW01), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION ___. Section 8-13-1314(A)(1)(a), as last amended by Act 248 of 1991, is further amended to read:
/ "(a) three thousand five hundred one thousand dollars in the case of a candidate for statewide office; or" /
Renumber sections to conform.
Amend totals and title to conform.
Rep. J. E. SMITH explained the amendment.
Rep. W. D. SMITH moved to table the amendment, which was agreed to.
Rep. J.E. SMITH proposed the following Amendment No. 13 (Doc Name COUNCIL\PT\AMEND\1239DW01), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Section 8-13-320 of the 1976 Code, as last amended by Act 6 of 1994, is further amended by adding an appropriately numbered item to read:
"( ) Notwithstanding the provisions of Article 5 of this chapter, to initiate or receive complaints and make investigations of legislative caucus committees not complying with the provisions of this chapter or Chapter 17 of Title 2." /
Renumber sections to conform.
Amend title to conform.
Rep. J. E. SMITH explained the amendment.
Rep. HARRISON moved to table the amendment, which was agreed to.
Rep. J. E. SMITH proposed the following Amendment No. 14 (Doc Name COUNCIL\NBD\AMEND\11300DW01), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION ___. Section 8-13-510, as last amended by Act 248 of 1991, is further amended to read:
"There is created a House of Representatives Legislative Ethics Committee and a Senate Legislative Ethics Committee. Each ethics committee is composed of six members. Three members must be members of the majority political party represented in the General Assembly and three members must be members of the largest minority political party represented in the General Assembly. Terms are coterminous with the term for which members are elected to the House or Senate. Vacancies must be filled for the unexpired term in the manner of the original selection. The members of each ethics committee must be elected by the House or the Senate, as appropriate. One member of each ethics committee must be elected as chairman by a majority of the members of the ethics committee." /
Renumber sections to conform.
Amend totals and title to conform.
Rep. J. E. SMITH explained the amendment.
Rep. HARRISON moved to table the amendment, which was agreed to.
Rep. J.E. SMITH proposed the following Amendment No. 16 (Doc Name COUNCIL\PT\AMEND\1242DW01), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Section 8-13-1316(A)(1) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:
/ "(1) fifty ten thousand dollars in the case of a candidate for statewide office;" /
Renumber sections to conform.
Amend title to conform.
Rep. J. E. SMITH explained the amendment.
Rep. HARRISON moved to table the amendment, which was agreed to.
Rep. J. E. SMITH proposed the following Amendment No. 17 (Doc Name COUNCIL\NBD\AMEND\11302DW01), which was tabled:
Amend the bill, as and if amended, page 17, by striking Section 30 and inserting:
/SECTION 30. This act takes effect November 6, 2002./
Renumber sections to conform.
Amend totals and title to conform.
Rep. J. E. SMITH explained the amendment.
Rep. HARRISON moved to table the amendment, which was agreed to by a division vote of 55 to 17.
Reps. KLAUBER and CAMPSEN proposed the following Amendment No. 19 (Doc Name COUNCIL\PT\AMEND\1238DW01), which was adopted:
Amend the bill, as and if amended, page 7, beginning on line 35, by striking SECTION 11 in its entirety and inserting:
/ SECTION 11. Section 8-13-1300(17) of the 1976 Code is amended to read:
"(17) 'Independent expenditure' means:
(a) an expenditure made by a person to advocate the election or defeat of a clearly identified candidate or ballot measure; and
(b) when taken as a whole and in context, the expenditure made by a person expressly to urge a particular result in an election an expenditure made by a person to influence the outcome of an elective office or ballot measure but which is not:
(i)(a) made to;
(ii)(b) controlled by;
(iii)(c) coordinated with;
(iv)(d) requested by; or
(v)(e) made upon consultation with a candidate or an agent of a candidate; or a committee or agent of a committee; or a ballot measure committee or an agent of a ballot measure committee.
Expenditures by party committees or expenditures by legislative caucus committees based upon party affiliation are considered to be controlled by, coordinated with, requested by, or made upon consultation with a candidate or an agent of a candidate." /
Amend title to conform.
Rep. CAMPSEN explained the amendment.
The amendment was then adopted.
Reps. KLAUBER, HARRISON and CAMPSEN proposed the following Amendment No. 20 (Doc Name AMEND\18230SOM01), which was adopted:
Amend the bill, as and if amended, in Section 8-13-1300 as contained in SECTION 12, page 8, lines 19, 20, and 16 by striking /five hundred/ and inserting /two thousand five hundred/.
Amend the bill further in Section 8-13-1304 as contained in SECTION 14, page 9 on lines 27 and 33 by striking / five hundred / and inserting /two thousand five hundred/.
Amend the bill further in Section 8-13-1309 as contained in SECTION 17, page 11, line 14 by striking / five hundred / and inserting /two thousand five hundred /.
Renumber sections to conform.
Amend title to conform.
Rep. KLAUBER explained the amendment.
Rep. GOVAN raised the Point of Order that Amendment No. 20 was out of order in that it was not germane to the Bill.
SPEAKER WILKINS overruled the Point of Order.
Rep. MCLEOD moved to table the amendment.
Rep. HARRISON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Breeland Brown, R. Govan Hines, J. Hosey Kirsh Lee Lloyd Lourie Mack McLeod Moody-Lawrence Parks Phillips Rivers Scott Talley Weeks Whipper Wilder
Those who voted in the negative are:
Allison Altman Askins Bales Barfield Barrett Bingham Brown, G. Campsen Cato Chellis Clyburn Coates Coleman Cooper Dantzler Davenport Delleney Easterday Emory Freeman Frye Gilham Hamilton Harrell Harrison Harvin Haskins Hinson Huggins Keegan Kelley Klauber Knotts Koon Law Leach Limehouse Littlejohn Loftis Lucas McCraw McGee Meacham-Richardson Merrill Neal, J.M. Ott Owens Perry Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Scarborough Sharpe Sheheen Simrill Sinclair Smith, D.C. Smith, G.M. Smith, J.R. Smith, W.D. Snow Stille Stuart Taylor Thompson Townsend Tripp Trotter Vaughn Walker Webb Whatley White Wilkins Young, A.
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Reps. TRIPP and QUINN proposed the following Amendment No. 21 (Doc Name COUNCIL\PT\AMEND\1254DW01), 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 8-13-1371. (A) A ballot measure committee may not use or permit the use of contributions solicited for or received by the ballot measure committee for any purpose other than the purpose for which the ballot measure committee was originally created, unless a person making the contribution gives written authorization for a different use other than for which it was originally intended.
(B) The State Ethics Commission shall have jurisdiction to seize all funds in a ballot measure committee's account and distribute them in accordance with subsection (D) of this section when the ballot measure committee violates the provisions of this section.
(C) Within sixty days after the election or referendum at which the ballot measure committee attempted to influence the outcome of the election or referendum, the funds remaining in the ballot measure committee's account after the election or referendum must be distributed in accordance with subsection (D) of this section.
(D) The seized funds must be:
(1) contributed to the state's general fund;
(2) contributed to an organization exempt from tax under Section 501(c)(3) of the Internal Revenue Code of 1986;
(3) returned pro rata to all contributors; or
(4) distributed using a combination of these options." /
Renumber sections to conform.
Amend title to conform.
Rep. TRIPP explained the amendment.
Rep. QUINN spoke in favor of the amendment.
Rep. QUINN continued speaking.
Rep. QUINN continued speaking.
The question then recurred to the adoption of the amendment.
Rep. KENNEDY demanded the yeas and nays, which were not ordered.
The amendment was then adopted by a division vote of 60 to 6.
Rep. J. E. SMITH proposed the following Amendment No. 23 (Doc Name COUNCIL\BBM\AMEND\9971HTC01), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Section 2-17-110 of the 1976 Code, as last amended by Act 248 of 1991, is further amended by adding a new subsection appropriately lettered to read:
"( ) A lobbyist principal may not make a contribution to any candidate for the General Assembly or a statewide constitutional office or to a political caucus during the period each year beginning at the time the General Assembly convenes pursuant to the provisions of Article III, Section 9 of the Constitution of this State and ending at the time it adjourns, sine die. However, the prohibition provided by this subsection does not apply for two weeks ending on the date of the primary and for two weeks ending on the date of a primary runoff." /
Renumber sections to conform.
Amend title to conform.
Rep. J. E. SMITH explained the amendment.
Rep. HARRISON moved to table the amendment, which was agreed to.
Rep. FLEMING moved cloture on the entire matter, which was agreed to.
Rep. ROBINSON proposed the following Amendment No. 24 (Doc Name COUNCIL\BBM\AMEND\9973WWW01), which was adopted:
Amend the bill, as and if amended, by striking item (31) of Section 8-13-1300 as contained in SECTION 12 and inserting:
/ (31) 'Ballot measure committee' means:
(a) an association, club, an organization, or a group of persons which, to influence the outcome of a ballot measure, receives contributions or makes expenditures in excess of five hundred dollars in the aggregate during an election cycle;
(b) a person who, to influence the outcome of a ballot measure, makes contributions aggregating at least fifty thousand dollars during an election cycle to, or at the request of, a ballot measure committee; or
(c) a person who makes independent expenditures aggregating five hundred dollars or more during an election cycle. /
Amend title to conform.
Rep. ROBINSON explained the amendment.
The amendment was then adopted by a division vote of 73 to 2.
Reps. W.D. SMITH, FLEMING and QUINN proposed the following Amendment No. 25 (Doc Name COUNCIL\PT\AMEND\1255DW01), 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 8-13-1373. If the Attorney General, after request and refusal by the State or any of its political subdivisions to defend an action brought in a court of competent jurisdiction challenging any provision of this chapter, the Budget and Control Board, using funds appropriated to it, must defend the action brought against the State or its political subdivision." /
Renumber sections to conform.
Amend title to conform.
Rep. W. D. SMITH explained the amendment.
The amendment was then adopted.
Reps. J. E. SMITH, WILKINS, QUINN and HARRISON proposed the following Amendment No. 26 (Doc Name AMEND\9974HTC01), which was tabled:
Amend the bill, as and if amended, by adding appropriately numbered sections to read:
/ SECTION __. Section 8-13-1302(A)(2) of the 1976 Code, is amended to read:
"(2) the name, and address, occupation, and employer of each person making a contribution and the date of receipt of each contribution. Provided, however, that if the contributor fails to provide his occupation and employer in response to a specific request for this information, the contribution may nevertheless be accepted;
SECTION __. Section 8-13-1308(F)(2) of the 1976 Code is amended to read:
"(2) the name, and address, occupation, and employer of each person making a contribution of more than one hundred dollars and the date of receipt of each contribution. Provided, however, that if the contributor fails to provide his occupation and employer in response to a specific request for this information, the report is nevertheless complete without this information;"
SECTION __. Section 8-13-1314(A)(2) of the 1976 Code is amended to read:
"(2) a cash contribution from an individual unless the cash contribution does not exceed twenty-five dollars and is accompanied by a record of the amount of the contribution and the name, and address, occupation, and employer of the contributor. Provided, however, that if the contributor fails to provide his occupation and employer in response to a specific request for this information, the contribution may nevertheless be accepted;"
SECTION __. Section 8-13-1322(B) of the 1976 Code is amended to read:
"(B) A person may not contribute to a committee and a committee may not accept from a person contributions aggregating more than three thousand five hundred dollars in a calendar year. Provided, however, that if the contributor fails to provide his occupation and employer in response to a specific request for this information, the contribution may nevertheless be accepted;" /
Renumber sections to conform.
Amend title to conform.
Rep. J. E. SMITH explained the amendment.
Rep. QUINN spoke in favor of the amendment.
Rep. KLAUBER spoke against the amendment.
Rep. A. YOUNG moved to table the amendment, which was agreed to.
Rep. JENNINGS proposed the following Amendment No. 27 (Doc Name COUNCIL\SWB\AMEND\5200DJC01), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Section 2-17-110 of the 1976 Code, as last amended by Act 248 of 1991, is further amended by adding a new subsection to read:
"(J) A lobbyist or a lobbyist principal may not make a contribution to a candidate for the General Assembly during the period each year beginning at the time the General Assembly convenes pursuant to the provisions of Article III, Section 9 of the Constitution of this State and ending at the time it adjourns, sine die." /
Renumber sections to conform.
Amend title to conform.
Rep. PERRY moved to table the amendment, which was agreed to.
Rep. JENNINGS proposed the following Amendment No. 28 (Doc Name COUNCIL\SWB\AMEND\5201DJC01), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Section 2-17-110 of the 1976 Code, as last amended by Act 248 of 1991, is further amended by adding a new subsection to read:
"(J) A lobbyist or a lobbyist principal may not make a contribution to a candidate for the General Assembly or a state constitutional office during the period each year beginning at the time the General Assembly convenes pursuant to the provisions of Article III, Section 9 of the Constitution of this State and ending at the time it adjourns, sine die." /
Renumber sections to conform.
Amend title to conform.
Rep. HARRISON moved to table the amendment, which was agreed to.
Rep. Harrison proposed the following Amendment No. 29 (Doc Name COUNCIL\PT\AMEND\1253DW01), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. That portion of subsection (A) immediately preceding item (1) of Section 2-17-30 of the 1976 Code, as last amended by Act 6 of 1995, is further amended to read:
"Each lobbyist, no later than April tenth and October tenth of each year, must file a report with the State Ethics Commission covering that lobbyist's lobbying during that filing period. The filing periods shall be from January first to March thirty-first for the April tenth report and shall be from April first to September thirtieth for the October tenth report. Any lobbying activity not reflected on the October tenth report and not reported on a statement of termination pursuant to Section 2-17-20(C) must be reported no later than December thirty-first of that January tenth of the succeeding year. Each report must be in a form prescribed by the State Ethics Commission and be limited to and contain:"
SECTION 2. That portion of subsection (A) immediately preceding item (1) of Section 2-17-35 of the 1976 Code, as last amended by Act 6 of 1995, is further amended to read:
"Except as otherwise provided by Section 2-17-90(E), each lobbyist's principal, no later than April tenth and October tenth of each year, must file a report with the State Ethics Commission covering that lobbyist's principal's expenditures attributable to lobbying during that filing period. The filing periods shall be from January first to March thirty-first for the April tenth report and shall be from April first to September thirtieth for the October tenth report. Any lobbying activity not reflected on the October tenth report and not reported on a statement of termination pursuant to Section 2-17-25(C) must be reported no later than December thirty-first of that January tenth of the succeeding year. Each report must be in a form prescribed by the State Ethics Commission and be limited to and contain:"
SECTION 3. That portion of subsection (A) immediately preceding item (1) of Section 2-17-40 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:
"Each state agency or department shall, no later than April first tenth and October first tenth of each year, file a report with the State Ethics Commission covering that agency's lobbying during that filing period. The filing periods are from January first to March thirty-first for the April tenth report and from April first to September thirtieth for the October tenth report. Any lobbying activity not reflected on the October tenth report and not reported on a statement of termination pursuant to Section 2-17-25(C) must be reported no later than January tenth of the succeeding year. Each report must be in a form prescribed by the State Ethics Commission and be limited to and contain:"
SECTION 4. Section 2-17-90(A) of the 1976 Code is further amended by adding:
"(7) as to cabinet officers, a function to which all cabinet officers are invited."
SECTION 5. Section 2-17-90(B) of the 1976 Code is amended to read:
"(B) No lobbyist's principal or person acting on behalf of a lobbyist's principal may provide to a public official or a public employee pursuant to subsections (A)(1), (A)(2), (A)(3), (A)(4), or (A)(5), or (A)(7) the value of lodging, transportation, entertainment, food, meals, or beverages exceeding twenty-five dollars in a day and two hundred dollars in a calendar year per public official or public employee."
SECTION 6. Section 8-13-100(12) of the 1976 Code, as last amended by Act 6 of 1995, is further amended to read:
"(12) 'Election' means:
(a) a general, special, primary, or runoff election;
(b) a convention or caucus of a political party held to nominate a candidate; or
(c) the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States or the Constitution of this State; or
(d) a ballot measure."
SECTION 7. Section 8-13-320(10)(b) of the 1976 Code is amended to read:
"(b) If the commission or its executive director determines that the complaint does not allege facts sufficient to constitute a violation, the commission shall dismiss the complaint and notify the complainant and respondent, and the entire matter must be stricken from public record unless the respondent, by written authorization, waives the confidentiality of the existence of the complaint and authorizes the release of information about the disposition of the complaint. Notice of waiver must be forwarded to the State Ethics Commission."
SECTION 8. Section 8-13-530(1) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:
"(1) upon the filing of a complaint, investigate possible violations of breach of a privilege governing a member of the appropriate house, the alleged breach of a rule governing a member of, legislative caucus committees for, or candidate for the appropriate house, misconduct of a member of, legislative caucus committees for, or candidate for the appropriate house, or a violation of this chapter or Chapter 17 of Title 2;"
SECTION 9. Section 8-13-1300(6) of the 1976 Code is amended to read:
"(6) 'Committee' means an association, a club, an organization, or a group of persons which, to influence the outcome of an elective office or a ballot measure, receives contributions or makes expenditures in excess of five hundred dollars in the aggregate during an election cycle. It also means an individual a person who, to influence the outcome of an elective office or a ballot measure, makes:
(a) contributions aggregating at least fifty thousand dollars during an election cycle to, or at the request of, a candidate or a committee, or a combination of them.; or
(b) independent expenditures aggregating five hundred dollars or more during an election cycle for the election or defeat of a candidate.
'Committee' includes a party committee, a legislative caucus committee, a noncandidate committee, or a committee that is not a campaign committee for a candidate but that is organized for the purpose of influencing an election."
SECTION 10. Section 8-13-1300(9) of the 1976 Code is amended to read:
"(9) 'Election' means:
(a) a general, special, primary, or runoff election;
(b) a convention or caucus of a political party held to nominate a candidate; or
(c) the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States or the Constitution of this State; or
(d) a ballot measure."
SECTION 11. Section 8-13-1300(17) of the 1976 Code is amended to read:
"(17) 'Independent expenditure' means:
(a) an expenditure made by a person to advocate the election or defeat of a clearly identified candidate or ballot measure; and
(b) when taken as a whole and in context, the expenditure made by a person expressly to urge a particular result in an election but which is not:
(i) made to;
(ii) controlled by;
(iii) coordinated with;
(iv) requested by; or
(v) made upon consultation with a candidate or an agent of a candidate; or a committee or agent of a committee; or a ballot measure committee or an agent of a ballot measure committee.
Expenditures by party committees or expenditures by legislative caucus committees based upon party affiliation are considered to be controlled by, coordinated with, requested by, or made upon consultation with a candidate or an agent of a candidate."
SECTION 12. Section 8-13-1300 of the 1976 Code is amended by adding the following items at the end to read:
"(31) 'Ballot measure committee' means:
(a) an association, club, an organization, or a group of persons which, to influence the outcome of a ballot measure, receives contributions or makes expenditures in excess of five hundred dollars in the aggregate during an election cycle;
(b) a person, other than an individual, who, to influence the outcome of a ballot measure, makes contributions aggregating at least fifty thousand dollars during an election cycle to, or at the request of, a ballot measure committee; or
(c) a person who makes independent expenditures aggregating five hundred dollars or more during an election cycle.
(32) 'Influence the outcome of an elective office' means:
(a) expressly advocating the election or defeat of a clearly identified candidate using words including or substantially similar to 'vote for', 'elect', 'cast your ballot for', 'Smith for Governor', 'vote against', 'defeat', or 'reject'; or
(b) communicating campaign slogans or individual words that, taken in context, have no other reasonable meaning other than to urge the election or defeat of a clearly identified candidate including or substantially similar to slogans or words such as 'Smith's the One', 'Jones 2000', 'Smith/Jones', 'Jones!', or 'Smith-A man for the People!'."
SECTION 13. Section 8-13-1302 of the 1976 Code, added by Act 248 of 1991, is amended to read:
"Section 8-13-1302. A candidate, or committee, or ballot measure committee shall must maintain and preserve an account of:
(1) the total of contributions accepted by the candidate, or committee, or ballot measure committee;
(2) the name and address of each person making a contribution and the date of receipt of each contribution;
(3) the total of expenditures made by or on behalf of the candidate, or committee, or ballot measure committee;
(4) the name and address of each person to whom an expenditure is made including the date, amount, purpose, and beneficiary of the expenditure; and
(5) all receipted bills, canceled checks, or other proof of payment for each expenditure.
(B) The candidate, or committee, or ballot measure committee must maintain and preserve all receipted bills and accounts required by this article for four years."
SECTION 14. Section 8-13-1304 of the 1976 Code, added by Act 248 of 1991, is amended to read:
"Section 8-13-1304. (A) A committee, except an out-of-state committee, which receives or expends more than five hundred dollars in the aggregate during an election cycle to influence the outcome of an elective office or ballot measure must file a statement of organization with the State Ethics Commission no later than five days after receiving the contribution or making the expenditure. An out-of-state committee which expends more than five hundred dollars in the aggregate during an election cycle to influence the outcome of an elective office or a ballot measure must file a statement of organization with the State Ethics Commission no later than five days after making the expenditure.
(B) A ballot measure committee, except an out-of-state committee, which receives or expends more than five hundred dollars in the aggregate during an election cycle to influence the outcome of a ballot measure must file a statement of organization with the State Ethics Commission no later than five days after receiving the contribution or making the expenditure. An out-of-state ballot measure committee which expends more than five hundred dollars in the aggregate during an election cycle to influence the outcome of a ballot measure must file a statement of organization with the State Ethics Commission no later than five days after making the expenditure."
SECTION 15. Section 8-13-1306 of the 1976 Code, added by Act 248 of 1991, is amended to read:
"Section 8-13-1306. (A) The statement of organization of a committee or a ballot measure committee must include:
(1) the full name of the committee or ballot measure committee;
(2) the complete address and telephone number of the committee or ballot measure committee;
(3) the date the committee or ballot measure committee was organized;
(4) a summary of the purpose of the committee or ballot measure committee;
(5) the name and address of a corporation or an organization that sponsors the committee or ballot measure committee or is affiliated with the committee or ballot measure committee. If the committee or ballot measure committee is not sponsored by or affiliated with a corporation or an organization, the committee or ballot measure committee must specify the trade, profession, or primary interest of contributors to the committee or ballot measure committee;
(6) the full name, address, telephone number, occupation, and principal place of business of the chairman and treasurer of the committee or ballot measure committee;
(7) the full name, address, telephone number, occupation, and principal place of business of the custodian of the books and accounts if other than the designated officers;
(8) the full name and address of the depository in which the committee or ballot measure committee maintains its campaign account and the number of the account; and
(9) a certification of the statement by the chairman and the treasurer.
(B) The name of the committee or ballot measure committee designated on the statement of organization must incorporate the full name of the sponsoring entity, if any. An acronym or abbreviation may be used in other communications if the acronym or abbreviation commonly is known or clearly recognized by the general public.
(C) The chairman must notify the State Ethics Commission in writing of a change in information previously reported in a statement of organization no later than ten business days after the change."
SECTION 16. Section 8-13-1308(A) of the 1976 Code is amended to read:
"(A) Upon the receipt or expenditure of campaign contributions or the making of independent expenditures totaling, in an accumulated aggregate, five hundred dollars or more, a candidate or committee required to file a statement of organization pursuant to Section 8-13-1304(A) must file an initial certified campaign report within ten days of these initial receipts or expenditures. However, a candidate or a committee that does not receive or expend campaign contributions totaling, in an accumulated aggregate, five hundred dollars or more must file an initial certified campaign report fifteen days before an election."
SECTION 17. The 1976 Code is amended by adding:
"Section 8-13-1309. (A) Upon the receipt or expenditure of campaign contributions or the making of independent expenditures totaling, in an accumulated aggregate, five hundred dollars or more, a ballot measure committee required to file a statement of organization pursuant to Section 8-13-1304(B) must file an initial certified campaign report within ten days of these initial receipts or expenditures.
(B) Following the filing of an initial certified campaign report, additional certified campaign reports must be filed within ten days following the end of each calendar quarter in which contributions are received or expenditures are made, whether before or after a ballot measure election until the campaign account undergoes final disbursement pursuant to the provisions of Section 8-13-1370(C).
(C) At least fifteen days before a ballot measure election, a certified campaign report must be filed showing contributions of more than one hundred dollars and expenditures to or by the ballot measure committee for the period ending twenty days before the ballot measure election. The ballot measure committee must maintain a current list during the period before the ballot measure election commencing at the beginning of the calendar quarter of the election of all contributions of more than one hundred dollars. The list must be open to public inspection upon request.
(D) Notwithstanding the provisions of subsections (B) and (C), if a pre-election campaign report provided for in subsection (C) is required to be filed within thirty days of the end of the prior quarter, a ballot measure committee must combine the quarterly report provided for in subsection (B) and the pre-election report and file the combined report subject to the provisions of subsection (C) no later than fifteen days before the ballot measure election.
(E) Certified campaign reports detailing campaign contributions and expenditures must contain:
(1) the total of contributions accepted by the ballot measure committee;
(2) the name and address of each person making a contribution of more than one hundred dollars and the date of receipt of each contribution;
(3) the total expenditures made by or on behalf of the ballot measure committee; and
(4) the name and address of each person to whom an expenditure is made from campaign funds, including the date, amount, purpose, and beneficiary of the expenditure."
SECTION 18. Section 8-13-1310 of the 1976 Code, as last amended by Act 6 of 1995, is further amended to read:
"Section 8-13-1310. (A) All persons required to file certified campaign reports under this article must file those reports with the appropriate supervisory office.
(B) The Senate Ethics Committee and the House of Representatives Ethics Committee must forward a copy of each statement filed with it to the State Ethics Commission within five business days of receipt.
(C) Within five days of receipt, a copy of all campaign reports received by the State Ethics Commission must be forwarded to the State Election Commission and the clerk of court in the county of residence of the person required to file.
(D) As provided in Section 8-13-1372, the State Election Ethics Commission must review all statements forwarded to it by the State Ethics Commission for inadvertent and unintentional errors or omissions."
SECTION 19. Section 8-13-1316 of the 1976 Code, added by Act 248 of 1991, is amended to read:
"Section 8-13-1316. (A) Within an election cycle, a candidate may not accept or receive contributions from a political party through its party committees or legislative caucus committees and a political party through its party committees or legislative caucus committees may not give to a candidate contributions which total in the aggregate more than:
(1) fifty thousand dollars in the case of a candidate for statewide office;
(2) five thousand dollars in the case of a candidate for any other office.
(B) Party expenditures for partisan multi-candidate promotions for four or more candidates, including candidates for the United States Senate or the United States House of Representatives, where each candidate receives substantially equal treatment, both in terms of time or length discussed and prominence in presentation, shall not be included in the contribution limits under subsection (A). However, multi-candidate promotional expenditures are limited to:
(1) the operation of telephone banks;
(2) the preparation, mailing, and distribution of campaign materials including newspaper, television, and radio advertisements; or
(3) voter registration and ballot information.
(C) The recipient of a contribution given in violation of subsection (A) may not keep the contribution, but within ten days must remit the contribution to the Children's Trust Fund."
SECTION 20. Section 8-13-1324 of the 1976 Code is amended to read:
"Section 8-13-1324. (A) A person may not make an anonymous contribution to a candidate, or committee, or ballot measure committee and a candidate, or committee, or ballot measure committee may not accept an anonymous contribution from an individual except at a ticketed event where food or beverages are served or where political merchandise is distributed and where the price of the ticket is twenty-five dollars or less and goes toward defraying the cost of food, beverages, or political merchandise in whole or in part.
(B) The recipient of an anonymous contribution given in violation of subsection (A) or the recipient of any other anonymous contribution may not keep the contribution but within seven days must remit the contribution to the Children's Trust Fund."
SECTION 21. Section 8-13-1332 of the 1976 Code, added by Act 248 of 1991, is amended to read:
"Section 8-13-1332. It is unlawful for:
(1) a committee or ballot measure committee to make a contribution or expenditure by using:
(a) anything of value secured by physical force, job discrimination, financial reprisals, or threat of the same; or
(b) dues, fees, or other monies required as a condition of membership in a labor organization, or as a condition of employment; or
(c) monies obtained by the committee or the ballot measure committee in a commercial transaction;
(2) a person to solicit an employee for a contribution and fail to inform the employee of the political purposes of the committee or ballot measure committee and of the employee's right to refuse to contribute without any advantage or promise of an advantage conditioned upon making the contribution or reprisal or threat of reprisal related to the failure to make the contribution;
(3) a corporation or committee of a corporation to solicit contributions to the corporation or committee from a person other than its shareholders, directors, executive or administrative personnel, and their families;, except as provided in Section 8-13-1333.
(4) an organization or committee of an organization to solicit contributions to the organization or committee from a person other than its members and their families."
SECTION 22. The 1976 Code is amended by adding:
"Section 8-13-1333. (1) Not for profit corporations and committees formed by not for profit corporations may solicit contributions from the general public;
(2) An organization or a committee of an organization may solicit contributions from the general public."
SECTION 23. Section 8-13-1354 of the 1976 Code, as amended by Act 6 of 1995 is further amended to read:
"Section 8-13-1354. A candidate, committee, or other person which makes an expenditure in the distribution, posting, or broadcasting of a communication to voters supporting or opposing a public official, or a candidate, or a ballot measure must place his name and address on the printed matter or have his name spoken clearly on a broadcast so as to identify accurately the person and his address. Campaign buttons, balloons, yard signs, or similar items are exempt from this requirement."
SECTION 24. Section 8-13-1366 of the 1976 Code, added by Act 248 of 1991, is amended to read:
"Section 8-13-1366. Certified campaign reports must be made available for public inspection at the office of the State Ethics Commission, the State Election Commission, the Senate Ethics Committee, the House of Representatives Ethics Committee, and the county clerk of court within two business days of receipt. The commissions, ethics committees, and county clerks of court may not require any information or identification as a condition of viewing a report or reports. The commissions, ethics committees, and the county clerks of court shall ensure that the reports are available for copying or purchase at a reasonable cost."
SECTION 25. Section 8-13-1368 of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"Section 8-13-1368. (A) A candidate is not exempt from the campaign filing requirements as provided in this article until after an election in which the candidate is a candidate or is defeated and after the candidate no longer accepts contributions, incurs expenditures, or pays for expenditures incurred.
(B) Committees or ballot measure committees may dissolve only after no longer accepting contributions, incurring expenditures, or paying for expenditures incurred.
(C) If a committee or a ballot measure committee owes or is owed money, the committee or a ballot measure committee may dissolve but must report the status of the debt annually on the same schedule as active committees or ballot measure committees until all debts are resolved. The method of resolution to eliminate these debts, including contributions accepted and payment for expenditures incurred, must be stated on the report.
(D) A final report may be filed at the time or before a scheduled filing is due. The form must be marked 'final' and include a list of the material assets worth one hundred dollars or more and state their disposition."
SECTION 26. Section 8-13-1370(C) of the 1976 Code, added by Act 248 of 1991, is amended to read:
"(C) A committee or ballot measure committee required to file reports under this article which has an unexpended balance of funds upon final disbursement not otherwise obligated for expenditures incurred to further the committee's or ballot measure committee's purposes must designate how the surplus funds are to be distributed. The surplus funds must be:
(1) contributed to the state's general fund;
(2) returned pro rata to all contributors;
(3) (a) contributed to a political party or to another committee;
(b) or if a ballot measure committee, to another ballot measure committee;
(4) contributed to an organization exempt from tax under Section 501(c)(3) of the Internal Revenue Code of 1986; or
(5) distributed using a combination of these options."
SECTION 27. Section 8-13-1372 of the 1976 Code, added by Act 248 of 1991, is amended to read:
"Section 8-13-1372. (A) The State Election Ethics Commission, in its discretion, may determine that errors or omissions on campaign reports are inadvertent and unintentional and not an effort to violate a requirement of this chapter and may be handled as technical violations which are not subject to the provisions of this chapter pertaining to ethical violations. Technical violations must remain confidential unless requested to be made public by the candidate filing the report. In lieu of all other penalties, the State Election Ethics Commission may assess a technical violations penalty not to exceed fifty dollars.
(B) A violation, other than an inadvertent or unintentional violation, must be referred to the appropriate supervisory office for appropriate action."
SECTION 28. Section 8-13-1510 of the 1976 Code, added by Act 248 of 1991, is amended to read:
"Section 8-13-1510. Except as otherwise specifically provided in this chapter, a person required to file a report or statement under this chapter who files a late statement or report or fails to file a required statement or report must be assessed a civil penalty as follows:
(1) a fine of one hundred dollars if not filed within five days after the established deadline provided by law in this chapter;
(2) after notice has been given by certified or registered mail that a required statement or report has not been filed, a fine of ten dollars a day for each additional calendar day in which the required statement is not filed, not exceeding five hundred dollars."
SECTION 29. Section 8-13-1520 of the 1976 Code, added by Act 248 of 1991, is amended to read:
"Section 8-13-1520. (A) Except as otherwise specifically provided in this chapter, a person who violates any provision of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or be imprisoned for not more than one year, or both. A violation of the provisions of this chapter does not necessarily subject a public official to the provisions of Section 8-13-560.
(B) Except as otherwise specifically provided for in Article 13 of this chapter, a person who violates any provision of Article 13 is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred percent of the amount of contributions or anything of value that should have been reported pursuant to Article 13 but not less than five thousand dollars or be imprisoned for not more than one year, or both.
(C) A violation of the provisions of this chapter does not necessarily subject a public official to the provisions of Section 8-13-560."
SECTION 30. Section 2-17-90(A)(1) of the 1976 Code is amended to read:
"(1) as to members of the General Assembly, a function to which a member of the General Assembly is invited if the entire membership of the House, the Senate, or the General Assembly is invited, or one of the committees, subcommittees, joint committees, legislative caucuses, or county legislative delegations of the General Assembly of which the legislator is a member is invited. However, the Speaker of the House and Speaker Pro Tempore of the House may be included in an invitation to one of the above groups. In addition, invitations may be extended at national and regional conventions and conferences to all members in attendance;"
SECTION 31. Section 8-13-1308 of the 1976 Code is further amended by adding a new subsection to read:
"(G) Notwithstanding any other reporting requirements in this chapter, a political party, legislative caucus committee, and a party committee must file a certified campaign report upon the receipt of anything of value which total in the aggregate five hundred dollars or more. For purposes of this section, 'anything of value' includes contributions received which may be used for the payment of operation expenses of a political party, legislative caucus committee, or a party committee. A political party must also comply with the reporting requirements of subsections (B), (C), and (F) of Section 8-13-1308 in the same manner as a candidate or committee."
SECTION 32. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or the validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, paragraphs, subparagraphs, sentences, clauses, phrases, or words thereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 33. This act takes effect upon approval by the Governor. /
Amend title to conform.
Rep. HARRISON moved to table the amendment, which was agreed to.
Rep. HARRISON gave notice of offering amendments on third reading if necessary, pursuant to Rule 9.2.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Bales Barfield Barrett Bingham Breeland Brown, G. Brown, J. Brown, R. Campsen Cato Chellis Clyburn Coates Cobb-Hunter Coleman Cooper Dantzler Davenport Delleney Easterday Emory Fleming Freeman Frye Gilham Govan Hamilton Harrell Harrison Harvin Haskins Hines, J. Hinson Hosey Howard Huggins Keegan Kelley Kirsh Klauber Knotts Koon Law Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack Martin McCraw McGee McLeod Meacham-Richardson Merrill Miller Moody-Lawrence Neal, J.M. Ott Owens Parks Perry Phillips Quinn 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.
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
Any roll call votes I missed on H. 3144 between 2:30 p.m. and 4:45 p.m. was because I was appearing before the Senate Environmental Committee relating to S. 147.
Rep. Jake Knotts
Rep. HARRISON moved that the House recur to the Morning Hour, which was agreed to.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3141 (Word version) -- Reps. Wilkins, Harrison, Delleney, Sandifer, Whatley, Simrill, Walker, Altman, Knotts and Thompson: A BILL TO AMEND SECTION 16-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CATEGORIZATION OF FELONIES AND MISDEMEANORS, SO AS TO REVISE THE EXEMPT CATEGORY OF CRIMES; TO AMEND SECTION 16-1-20, AS AMENDED, RELATING TO PENALTIES FOR THE VARIOUS CLASSES OF CRIMES, SO AS TO REVISE THE SET OF CRIMES THE MINIMUM TERM OF IMPRISONMENT APPLIES TO; TO AMEND SECTION 16-1-30, AS AMENDED, RELATING TO THE CLASSIFICATION OF OFFENSES, SO AS TO PROVIDE THAT ALL OFFENSES ARE AUTOMATICALLY CLASSIFIED; TO AMEND SECTION 24-3-20, AS AMENDED, RELATING TO CONFINEMENT OF PRISONERS AND WORK RELEASE PROGRAM ELIGIBILITY, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-13-125, RELATING TO CONDITIONS A PRISONER MUST MEET TO BECOME ELIGIBLE FOR WORK RELEASE, SO AS TO SUBSTITUTE CERTAIN FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSES" AND TO PROVIDE THAT THIS PROVISION DOES NOT APPLY TO CERTAIN LOCAL CORRECTIONAL FACILITIES; TO AMEND SECTION 24-13-150, RELATING TO CONDITIONS A PRISONER MUST MEET TO BECOME ELIGIBLE FOR EARLY RELEASE, DISCHARGE, OR COMMUNITY SUPERVISION, SO AS TO SUBSTITUTE "AN OFFENSE" FOR THE TERM "NO PAROLE OFFENSE" AND TO PROVIDE THAT THIS PROVISION DOES NOT APPLY TO CERTAIN LOCAL CORRECTIONAL FACILITIES; TO AMEND SECTION 24-13-210, AS AMENDED, RELATING TO ELIGIBILITY FOR AND FORFEITURE OF GOOD CONDUCT CREDITS, SO AS TO LIMIT THE AMOUNT OF TIME A PRISONER CAN EARN FOR GOOD BEHAVIOR TO THREE DAYS A MONTH AND TO ELIMINATE THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-13-230, AS AMENDED, RELATING TO ELIGIBILITY FOR EDUCATION CREDITS, SO AS TO LIMIT THE AMOUNT OF TIME A PRISONER CAN EARN FOR PARTICIPATING IN AN EDUCATION PROGRAM TO SIX DAYS A MONTH AND TO ELIMINATE THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-13-430, RELATING TO RIOTING OR INCITING TO RIOT, SO AS TO REVISE THE PENALTY; TO AMEND SECTION 24-13-650, AS AMENDED, RELATING TO THE PROHIBITION AGAINST THE RELEASE OF AN OFFENDER INTO THE COMMUNITY IN WHICH HE COMMITTED THE CRIME, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTIONS 24-13-710 AND 24-13-720, BOTH AS AMENDED, RELATING TO THE SUPERVISED FURLOUGH PROGRAM, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE" AND TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 24-13-1310, AS AMENDED, RELATING TO THE SHOCK INCARCERATION PROGRAM, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-21-30, AS AMENDED, RELATING TO PAROLE, SO AS TO ELIMINATE PAROLE FOR A CRIME AND TO PROVIDE THAT CERTAIN OFFENDERS MUST COMPLETE A COMMUNITY SUPERVISION PROGRAM BEFORE HIS DISCHARGE FROM HIS SENTENCE; TO AMEND SECTION 24-21-560, RELATING TO PRISONERS WHO MUST COMPLETE A COMMUNITY SUPERVISION PROGRAM OPERATED BY THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES BEFORE THEIR RELEASE FROM THE CRIMINAL JUSTICE SYSTEM, SO AS TO REVISE THE OFFENSES THAT REQUIRE AN OFFENDER TO COMPLETE A COMMUNITY SUPERVISION PROGRAM AND TO PROVIDE THAT A JUDGE MAY INCLUDE COMPLETION OF A COMMUNITY SUPERVISION PROGRAM AS A PART OF A SENTENCE FOR CERTAIN CRIMES AND TO SUBSTITUTE CERTAIN CLASSIFIED CRIMES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-26-10, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA SENTENCING GUIDELINES COMMISSION, SO AS TO CHANGE THE NAME OF THE COMMISSION TO THE SOUTH CAROLINA CRIMINAL JUSTICE COMMISSION, AND REVISE THE COMPOSITION OF THE COMMISSION; TO AMEND SECTION 24-26-20, AS AMENDED, RELATING TO DUTIES AND RESPONSIBILITIES OF THE SOUTH CAROLINA SENTENCING GUIDELINES COMMISSION, SO AS TO REVISE THE DUTIES AND RESPONSIBILITIES OF THE COMMISSION WHOSE NAME HAS BEEN CHANGED TO THE SOUTH CAROLINA CRIMINAL JUSTICE COMMISSION, AND THE CONTENTS OF ITS ANNUAL REPORT; TO AMEND SECTION 24-26-50, AS AMENDED, RELATING TO THE ESTABLISHMENT OF GENERAL POLICIES AND APPROVAL OF ADVISORY GUIDELINES BY THE SENTENCING GUIDELINES COMMISSION, SO AS TO DELETE THE PROVISION THAT REQUIRES THAT THE COMMISSION'S ADVISORY GUIDELINES MUST BE APPROVED BY THE GENERAL ASSEMBLY; TO REPEAL SECTIONS 2-13-66, 16-1-90, 16-1-100, AND 16-1-110 RELATING TO THE CLASSIFICATION OF FELONIES AND MISDEMEANORS; TO REPEAL SECTION 24-13-100 RELATING TO THE DEFINITION OF "NO PAROLE OFFENSE", TO AMEND TITLE 25, RELATING TO MILITARY, CIVIL DEFENSE, AND VETERANS AFFAIRS, SO AS TO PROVIDE THAT CERTAIN MILITARY PERSONNEL WHO ARE SENTENCED TO CONFINEMENT SHALL SERVE THE FULL TERM OF THE CONFINEMENT UNDER CERTAIN CIRCUMSTANCES; AND TO PROVIDE A SEVERABILITY CLAUSE, AND THAT ALL PROCEEDINGS PENDING AT THE TIME THIS ACT TAKES EFFECT ARE SAVED AND THAT THE PROVISIONS OF THIS ACT APPLY PROSPECTIVELY.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3160 (Word version) -- Reps. Lee and Whipper: A BILL TO AMEND SECTIONS 15-27-155 AND 17-1-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF INTERPRETERS IN CIVIL AND CRIMINAL PROCEEDINGS WHENEVER A PARTY OR WITNESS DOES NOT SUFFICIENTLY SPEAK ENGLISH, SO AS TO PROVIDE AND REVISE DEFINITIONS FOR CERTAIN TERMS, TO REVISE THE CIRCUMSTANCES UPON WHICH AN INTERPRETER IS APPOINTED, WHO MAY APPOINT AN INTERPRETER, WHOSE TESTIMONY MAY BE INTERPRETED, AND AN INTERPRETER'S QUALIFICATIONS, TO PROVIDE FOR THE CREATION OF A COURT INTERPRETERS ADVISORY PANEL WHOSE PURPOSE IS TO ASSIST THE SUPREME COURT AND COURT ADMINISTRATION IN DEVELOPING POLICIES RELATING TO INTERPRETERS, TO PROVIDE THAT THE DIVISION OF COURT ADMINISTRATION'S CENTRALIZED LIST OF INTERPRETERS SHALL INCLUDE CERTIFIED AND OTHERWISE QUALIFIED INTERPRETERS TO INTERPRET PROCEEDINGS TO THE PRINCIPAL IN INTEREST AND TESTIMONY OF A WITNESS, AND TO PROVIDE THAT A PRINCIPAL PARTY IN INTEREST OR A WITNESS, MAY USE AN INTERPRETER WHO DOES NOT APPEAR ON THE CENTRALIZED LIST IF HE SUBMITS TO A VOIR DIRE BY THE APPOINTING AUTHORITY.
Ordered for consideration tomorrow.
The following was introduced:
H. 3646 (Word version) -- Reps. Townsend and Stille: A HOUSE RESOLUTION TO COMMEND THE CRESCENT HIGH SCHOOL "LADY TIGERS" SOFTBALL TEAM ON ITS TREMENDOUS SEASON OF SPIRITED COMPETITION AND TO CONGRATULATE THE PLAYERS AND COACHES ON WINNING THE 2000 CLASS AA STATE CHAMPIONSHIP.
The Resolution was adopted.
The following was introduced:
H. 3647 (Word version) -- Reps. Govan, Cobb-Hunter, Ott, Sharpe and Stuart: A CONCURRENT RESOLUTION RECOGNIZING SOUTH CAROLINA'S MOTHER OF THE YEAR, MRS. JOYCE W. RHENEY OF ORANGEBURG COUNTY, AND EXPRESSING THE ADMIRATION AND GRATITUDE OF THE STATE OF SOUTH CAROLINA TO HER AND TO ALL THE STATE'S MOTHERS WHO MANAGE THIS VERY DEMANDING ROLE WITH STRENGTH AND LOVE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3648 (Word version) -- Reps. Wilkins, Allison, Altman, Barfield, Barrett, Bingham, Campsen, Cato, Chellis, Coates, Cooper, Dantzler, Davenport, Easterday, Fleming, Frye, Gilham, Harrell, Harrison, Haskins, Hinson, Huggins, Keegan, Kelley, Klauber, Knotts, Koon, Law, Leach, Limehouse, Littlejohn, Loftis, Lucas, Martin, McCraw, McGee, Meacham-Richardson, Owens, Perry, Phillips, Quinn, Rice, Riser, Robinson, Rodgers, Sandifer, Sharpe, Simrill, Sinclair, D. C. Smith, G. M. Smith, J. R. Smith, W. D. Smith, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, White, Witherspoon and A. Young: A CONCURRENT RESOLUTION TO MEMORIZE THE CONGRESS OF THE UNITED STATES TO ENACT INTO LAW THE COMPREHENSIVE TAX REDUCTIONS AND RELATED PROPOSALS MADE BY PRESIDENT GEORGE W. BUSH IN HIS TELEVISED ADDRESS TO THE NATION ON TUESDAY, FEBRUARY 27, 2001.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3649 (Word version) -- Reps. J. Brown, Askins, Bales, Barfield, G. Brown, R. Brown, Clyburn, J. Hines, M. Hines, Hosey, Lloyd, Weeks, Whipper and Wilder: A BILL TO AMEND ARTICLES 1, 3, AND 5, CHAPTER 20, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WITH MENTAL RETARDATION, RELATED DISABILITIES, HEAD INJURIES, AND SPINAL CORD INJURIES, SO AS TO ALSO APPLY THIS CHAPTER TO PERSONS WITH EPILEPSY, TO CONFORM REFERENCES THROUGHOUT THE CHAPTER, TO MAKE TECHNICAL CORRECTIONS, AND TO RENAME CHAPTER 20, TITLE 44 "SOUTH CAROLINA MENTAL RETARDATION, RELATED DISABILITIES, EPILEPSY, HEAD INJURIES, AND SPINAL CORD INJURIES ACT".
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 3650 (Word version) -- Reps. Wilkins, Jennings and Harrison: A BILL TO AMEND TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMES AND OFFENSES BY ADDING CHAPTER 2 SO AS TO PROVIDE FOR THE IMPLEMENTATION OF ADVISORY SENTENCING GUIDELINES FOR CERTAIN CRIMINAL OFFENSES, AND TO PROVIDE THESE GUIDELINES GO INTO EFFECT ONE YEAR AFTER THE APPROVAL OF THE GOVERNOR AND APPLY TO CRIMES COMMITTED ON OR AFTER THAT DATE.
Referred to Committee on Judiciary
H. 3651 (Word version) -- Reps. Loftis, Kelley, Allison, Bales, Barfield, Cato, Cooper, Dantzler, Davenport, Edge, Hamilton, Keegan, Law, Leach, Perry, Rodgers, Sandifer, Snow, White and Witherspoon: A BILL TO AMEND CHAPTER 1, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION BY ADDING SECTION 59-1-425, SO AS TO PROVIDE THAT PUBLIC SCHOOLS AND SCHOOL DISTRICTS MAY NOT BEGIN THE ANNUAL STATUTORY ONE HUNDRED EIGHTY DAY-PERIOD OF STUDENT INSTRUCTION REQUIRED BY LAW UNTIL AFTER LABOR DAY, AND TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO PUBLIC SCHOOLS THAT OPERATE ON A YEAR-ROUND BASIS OR HAVE AN IRREGULAR TERM.
Referred to Committee on Education and Public Works
H. 3652 (Word version) -- Rep. Kelley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-35-4415, SO AS TO IMPOSE A FILING FEE OF TWO HUNDRED FIFTY DOLLARS FOR A GRIEVANCE FILED FOR ADMINISTRATIVE REVIEW BEFORE THE SOUTH CAROLINA PROCUREMENT REVIEW PANEL, TO PROVIDE FOR THE USE OF THE FEE REVENUE, AND TO AUTHORIZE THE PANEL TO WAIVE THE FEE IN A HARDSHIP CASE.
Referred to Committee on Judiciary
H. 3653 (Word version) -- Reps. Campsen and Harrison: A BILL TO AMEND SECTION 13-17-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA RESEARCH AUTHORITY, SO AS TO DELETE THE REQUIREMENT THAT ITS PRINCIPAL OFFICE BE LOCATED IN COLUMBIA; TO AMEND SECTION 13-17-40, AS AMENDED, RELATING TO THE AUTHORITY'S BOARD OF TRUSTEES, REPORTS, AND MEETINGS, SO AS TO PROVIDE THAT THE CHAIRMAN DETERMINES WHEN AND WHERE THE BOARD HOLDS ITS REGULAR MEETINGS; AND TO AMEND SECTION 13-17-60, RELATING TO THE AUTHORITY'S TECHNICAL ADVISORY BOARD, SO AS TO PROVIDE THAT ITS CHAIRMAN DETERMINES WHEN AND WHERE THE ADVISORY BOARD MEETS.
Referred to Committee on Ways and Means
H. 3654 (Word version) -- Reps. J. Brown, Askins, Bales, Hosey and Lloyd: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-13-305 SO AS TO REQUIRE BEAUTY SALONS AND BEAUTY SCHOOLS, AS A CONDITION OF LICENSURE AND RENEWAL OF LICENSURE, TO OBTAIN LIABILITY INSURANCE OF AT LEAST ONE HUNDRED THOUSAND DOLLARS.
Referred to Committee on Medical, Military, Public and Municipal Affairs
Rep. COOPER moved that the House do now adjourn, which was agreed to.
At 5:35 p.m. the House, in accordance with the motion of Rep. TALLEY, adjourned in memory of Elizabeth L. Thrailkill of Spartanburg, to meet at 10:00 a.m. tomorrow.
This web page was last updated on Thursday, June 25, 2009 at 1:08 P.M.