Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 noon.
Deliberations were opened with prayer by Rep. ALTMAN as follows:
Most merciful God, we bow in these moments of prayer in acknowledgment of Your sovereignty and to ask for Your blessings. Remain close to us throughout the duties of this day that we may weave in the tapestry of life the radiant qualities of Your divine nature. As the flowers of Springtime put on garments of gold and crimson and purple through their partnership with light, so may our lives become as the gardens of the Lord clothed with the bright blossoms of the nature of our God. With our hands in Yours, may others see our service and "glorify our Father in Heaven." We pray in thanksgiving and praise to Your name. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.
Rep. TAYLOR moved that when the House adjourns, it adjourn in memory of Carl Medlock of Laurens, which was agreed to.
Document No. 2583
Agency: Department of Insurance
Statutory Authority: 1976 Code Sections 38-3-110 et seq., 1-23-110 et seq., 38-77-530
South Carolina Reinsurance Facility Recoupment
Received by Speaker of the House of Representatives
January 29, 2001
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration May 29, 2001
The following was received:
March 15, 2001
Mr. Speaker and Members of the House of Representatives:
The Senate respectfully informs your Honorable Body that it has confirmed the Governor's appointment of:
Kershaw County Master-in-Equity
Term Commencing: June 30, 2001
Term Expiring: June 30, 2007
Seat: Master-in-Equity
Reappointment
The Honorable Jeffrey Marc Tzerman
Post Office Box 1317
Camden, South Carolina 29020
803-432-8459 Fax: 803-432-8018
Respectfully,
President of the Senate
Received as information.
On motion of Rep. TAYLOR, with unanimous consent, the following was taken up for immediate consideration:
H. 3726 (Word version) -- Reps. Taylor, Carnell and Wilder: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE LAURENS HIGH SCHOOL "RAIDERS" GIRLS BASKETBALL TEAM, COACHES, STAFF, AND OTHER SCHOOL OFFICIALS ON WEDNESDAY, APRIL 11, 2001, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING AND CONGRATULATING THEM ON WINNING THE CLASS AAAA STATE CHAMPIONSHIP.
Be it resolved by the House of Representatives:
That the privilege of the floor of the South Carolina House of Representatives be extended to the Laurens High School "Raiders" Girls Basketball Team, their coaches, staff, and other school officials on Wednesday, April 11, 2001, at a time to be determined by the Speaker, for the purpose of recognizing and congratulating them on winning the Class AAAA State Championship.
The Resolution was adopted.
The following was introduced:
H. 3727 (Word version) -- Reps. Taylor, Carnell and Wilder: A CONCURRENT RESOLUTION CONGRATULATING THE LAURENS HIGH SCHOOL "RAIDERS" GIRLS BASKETBALL TEAM ON WINNING THE CLASS AAAA STATE BASKETBALL CHAMPIONSHIP.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3728 (Word version) -- Rep. Townsend: A CONCURRENT RESOLUTION TO CONGRATULATE THE TWENTY-TWO SOUTH CAROLINA TECHNICAL COLLEGE STUDENTS NAMED TO SOUTH CAROLINA'S 2001 ALL-STATE ACADEMIC TEAM.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3729 (Word version) -- Reps. Chellis, Cobb-Hunter, Harrell, Owens and A. Young: A CONCURRENT RESOLUTION CONGRATULATING THE SUMMERVILLE HIGH SCHOOL "GREEN WAVE" WRESTLING TEAM ON CAPTURING THE CLASS AAAA 2000-2001 STATE WRESTLING CHAMPIONSHIP.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 3730 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 1-23-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO INCLUDE JURISDICTION TO HEAR CASES RELATED TO GRIEVANCES OF INMATES ASSIGNED TO THE DEPARTMENT OF CORRECTIONS AND CASES RELATED TO THE DENIAL OR REVOCATION OF PROBATION OR PAROLE BY THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES; AND TO AMEND SECTION 17-27-45, AS AMENDED, RELATING TO FILING PROCEDURES FOR POST CONVICTION RELIEF APPLICATIONS, SO AS TO PROVIDE A TIME FRAME FOR POST CONVICTION RELIEF APPLICATIONS BASED ON DECISIONS IN INMATE GRIEVANCE MATTERS.
Referred to Committee on Judiciary
H. 3731 (Word version) -- Reps. Cato, Chellis, Allen, Bales, Barfield, Barrett, Battle, J. Brown, Carnell, Cobb-Hunter, Coleman, Dantzler, Davenport, Delleney, Easterday, Freeman, Harrison, Hinson, Huggins, Klauber, Leach, Lee, Littlejohn, Loftis, Lucas, Mack, McCraw, Miller, Owens, Perry, Phillips, Rhoad, Rice, Riser, Rivers, Sandifer, Simrill, Snow, Taylor, Vaughn, Webb, Whatley and Wilkins: A BILL TO AMEND SECTION 40-2-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCEDURES FOR CONDUCTING EXAMINATIONS FOR LICENSURE OF CERTIFIED PUBLIC ACCOUNTANTS SO AS TO REVISE TIME FRAMES FOR PROVIDING NOTICE OF EXAMINATION DATES AND FOR SUBMITTING APPLICATIONS FOR EXAMINATION, TO REVISE REFERENCES TO THE TYPE OF EXAMINATIONS TO BE GIVEN, AND TO AUTHORIZE THE BOARD TO ENGAGE THIRD PARTIES TO ASSIST WITH ADMINISTRATIVE RESPONSIBILITIES FOR ADMINISTERING EXAMINATIONS; AND TO AMEND SECTION 40-2-550, RELATING TO QUALIFICATIONS FOR LICENSURE, SO AS TO REVISE A REFERENCE TO WRITTEN EXAMINATIONS.
Referred to Committee on Labor, Commerce and Industry
H. 3732 (Word version) -- Rep. Coates: A BILL TO AMEND CHAPTER 9, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING, FISHING, AND TRAPPING LICENSES, BY ADDING SECTION 50-9-750 SO AS TO AUTHORIZE THE DEPARTMENT OF NATURAL RESOURCES TO ENTER INTO RECIPROCAL AGREEMENTS WITH AUTHORITIES OF THE STATES OF GEORGIA, FLORIDA, NORTH CAROLINA, AND TENNESSEE WHEREBY A PERSON OVER SIXTY-FIVE YEARS OF AGE WHO HAS A VALID HUNTING OR FISHING LICENSE ON HIS PERSON, ISSUED BY A RECIPROCATING STATE THAT EXTENDS THE SAME HUNTING AND FISHING PRIVILEGES TO PERSONS OVER SIXTY-FIVE YEARS OF AGE WHO ARE RESIDENTS OF THIS STATE, MAY HUNT OR FISH IN THIS STATE WITHOUT PURCHASING A NONRESIDENT HUNTING OR FISHING LICENSE IN THIS STATE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 3733 (Word version) -- Rep. Harrell: A BILL TO AMEND SECTION 12-37-251, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESIDENTIAL PROPERTY TAX EXEMPTION, SO AS TO REVISE THE "HOLD HARMLESS" BASE YEAR IN THE REIMBURSEMENT DISTRIBUTION FORMULA FROM AMOUNTS RECEIVED BY SCHOOL DISTRICTS IN FISCAL YEAR 1998-99 TO AMOUNTS RECEIVED IN THE PRECEDING FISCAL YEAR.
Referred to Committee on Ways and Means
H. 3734 (Word version) -- Reps. Knotts, Whatley, Harvin, Hayes, Askins, Chellis, Gourdine, J. Hines, Hosey, Limehouse, Littlejohn, Martin, McCraw, McGee, Meacham-Richardson, Phillips, Rhoad, Rice, Rutherford, Simrill, Snow, Weeks and Whipper: A BILL TO AMEND SECTION 16-23-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY LAWFULLY CARRY A PISTOL, SO AS TO PROVIDE THAT A RETIRED, PREVIOUSLY-COMMISSIONED LAW ENFORCEMENT OFFICER LAWFULLY MAY CARRY A PISTOL, TO DELETE THE PROVISION THAT ALLOWS RETIRED COMMISSIONED LAW ENFORCEMENT OFFICERS EMPLOYED AS PRIVATE DETECTIVES OR PRIVATE INVESTIGATORS TO CARRY A PISTOL, TO ALLOW CERTAIN PERSONS TO CARRY A PISTOL ANYWHERE WITHIN THE STATE, TO MAKE CERTAIN TECHNICAL CHANGES, AND TO PROVIDE THAT A CERTIFIED LAW ENFORCEMENT OFFICER FROM ANY JURISDICTION WHO COMPLIES WITH HIS EMPLOYING AGENCY'S FIREARMS POLICY MAY CARRY FIREARMS WHILE OFF DUTY ANYWHERE IN THE STATE.
Referred to Committee on Judiciary
H. 3735 (Word version) -- Reps. Keegan, Whatley and Knotts: A BILL TO AMEND SECTION 42-11-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "OCCUPATIONAL DISEASE" WITHIN THE SCOPE OF THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, SO AS TO ALSO INCLUDE DISEASES IDENTIFIED BY THE CENTER FOR DISEASE CONTROL AS AN OCCUPATIONAL DISEASE; AND TO AMEND SECTION 42-11-30, RELATING TO THE PRESUMPTION THAT HEART OR RESPIRATORY DISEASE IN FIRE FIGHTERS AROSE OUT OF AND IN THE COURSE OF EMPLOYMENT, SO AS TO ALSO APPLY THE PRESUMPTION TO TUBERCULOSIS AND TO HIV/AIDS, WHEN THERE MAY HAVE BEEN EXPOSURE TO A BODILY FLUID, AND TO EXPAND THE PRESUMPTION TO LAW ENFORCEMENT OFFICERS, EMERGENCY MEDICAL TECHNICIANS, AND PARAMEDICS.
Referred to Committee on Labor, Commerce and Industry
H. 3736 (Word version) -- Rep. Knotts: A BILL TO AMEND CHAPTER 29, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-29-57 SO AS TO PROVIDE FOR THE EXAMINATION OF THE CURRENT STATUS OF THE TEACHING OF SOUTH CAROLINA HISTORY TO ESTABLISH CRITERIA FOR THE ADOPTION OF TEXTBOOKS WHICH INCORPORATE SOUTHERN HISTORY AND TO DEVELOP AND LOCATE MATERIALS FOR SOUTHERN HISTORY INSTRUCTION, AND TO REQUIRE EACH PUBLIC SCHOOL TO INSTRUCT STUDENTS IN SOUTHERN HISTORY BY THE 2001-02 SCHOOL YEAR.
Referred to Committee on Education and Public Works
H. 3737 (Word version) -- Reps. Talley, Littlejohn and Merrill: A BILL TO AMEND SECTION 12-36-920, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAX ON ACCOMMODATIONS FOR TRANSIENTS, SO AS TO EXEMPT ACCOMMODATIONS FOR A SOUTH CAROLINA RESIDENT WHOSE JOB, BUSINESS, OR PROFESSION REQUIRES HIS LOCATION AT MORE THAN ONE JOB SITE DURING ANY PERIOD OF LESS THAN NINETY CONTINUOUS DAYS.
Referred to Committee on Ways and Means
H. 3738 (Word version) -- Reps. Townsend and Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-19-25 SO AS TO PROVIDE THAT BEGINNING IN 2002 MEMBERS OF THE BOARDS OF TRUSTEES OF SCHOOL DISTRICTS MUST BE ELECTED IN NONPARTISAN ELECTIONS, AND TO PROVIDE FOR THE DATES OF THE ELECTIONS, TERMS OF CANDIDATES ELECTED, METHOD OF NOMINATION OF CANDIDATES, FILLING OF VACANCIES, AND CONDUCT OF THE ELECTIONS.
Referred to Committee on Judiciary
S. 384 (Word version) -- Senators Verdin, Branton, Ryberg, Patterson and Ritchie: A BILL TO AMEND SECTION 56-3-630, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF PUBLIC SAFETY CLASSIFYING CERTAIN MOTOR VEHICLES AS PRIVATE PASSENGER MOTOR VEHICLES, SO AS TO REVISE THE MAXIMUM EMPTY WEIGHT OF A TRUCK THAT THE DEPARTMENT SHALL CLASSIFY AS A PRIVATE PASSENGER MOTOR VEHICLE.
Referred to Committee on Education and Public Works
S. 443 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF ACCOUNTANCY, RELATING TO FORMS OF PRACTICE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2575, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Labor, Commerce and Industry
S. 444 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, REAL ESTATE APPRAISERS BOARD, RELATING TO PRACTICES OF REAL ESTATE APPRAISERS, MASS APPRAISERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2579, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Labor, Commerce and Industry
S. 445 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF EXAMINERS FOR LICENSURE OF PROFESSIONAL COUNSELORS, MARITAL AND FAMILY THERAPISTS, RELATING TO LICENSING, DESIGNATED AS REGULATION DOCUMENT NUMBER 2526, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Medical, Military, Public and Municipal Affairs
S. 446 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF ARCHITECTURAL EXAMINERS, RELATING TO CONTINUING EDUCATION REQUIREMENTS FOR LICENSE RENEWAL, DESIGNATED AS REGULATION DOCUMENT NUMBER 2576, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Labor, Commerce and Industry
S. 447 (Word version) -- Senators Grooms, Mescher, Branton and Passailaigue: A BILL TO AMEND SECTION 50-5-1505, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SEASONS, TIMES, METHODS, EQUIPMENT AND SIZE AND TAKE LIMITS FOR SHAD, HERRING, AND STURGEON IN THE SANTEE RIVER SO AS TO PROVIDE THAT THERE IS NO OPEN SEASON IN THE REDIVERSION CANAL FROM ST. STEPHEN DAM SEAWARD TO THE SEAWARD TERMINUS OF THE NORTHERN DIKE OF THE REDIVERSION CANAL, AND TO FURTHER PROVIDE FOR SEASONS, TIMES, METHODS, EQUIPMENT AND SIZE AND TAKE LIMITS IN THE REDIVERSION CANAL FROM THE SEAWARD TERMINUS OF THE NORTHERN DIKE OF THE REDIVERSION CANAL SEAWARD TO THE SANTEE RIVER.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
The following was introduced:
H. 3739 (Word version) -- Rep. Harrison: A HOUSE RESOLUTION RECOGNIZING THE WONDERFULLY THRILLING FINISH TO ITS SEASON ACCOMPLISHED BY THE DREHER HIGH SCHOOL LADY BLUE DEVILS BASKETBALL TEAM WHO WON THE LAST SEVEN GAMES OF THEIR REGULAR SEASON AND THEN, IN A LAST SECOND UPSET VICTORY, BEAT A PREVIOUSLY UNBEATEN SQUAD FROM SENECA HIGH SCHOOL TO WIN THE CLASS AAA GIRLS BASKETBALL STATE CHAMPIONSHIP ON MARCH 10, 2001.
The Resolution was adopted.
The following was taken up for immediate consideration:
H. 3740 (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 HOUSE RESOLUTION TO EXPRESS THE SINCERE APPRECIATION AND FRIENDSHIP OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES TO CHARLES FENNELL REID FOR HIS YEARS OF DEDICATED SERVICE TO THE SPEAKER AND MEMBERS OF THE HOUSE AS THE CHIEF OF STAFF AND COUNSEL TO THE SPEAKER AND TO WISH HIM EVERY SUCCESS IN HIS NEW POSITION AS AN ATTORNEY IN THE PRIVATE SECTOR.
Whereas, Charles Fennell Reid came to the Speaker's Office in October 1995 to be counsel to the Speaker; and
Whereas, Charles had a distinguished career and record before he came to the House. He graduated from Wofford College magna cum laude and was a member of Phi Beta Kappa. In 1993 he graduated from the University of South Carolina School of Law where he was invited to join the Order of the Wig and Robe; and
Whereas, immediately out of law school, Charles worked for a private firm for six months and then joined the Attorney General's office where he represented the State in criminal appeals, particularly capital and non-capital murder cases; and
Whereas, Charles has served as the Speaker's counsel for six and one-half years. During that period he has developed the invaluable book of House rules precedents and advised the Speaker on thorny parliamentary questions. He has served as chief staff counsel for legislative redistricting and kept the Speaker informed on the appropriations bill including House precedents on many points of order. He has staffed many conference committees on the budget and on sine die resolutions; and
Whereas, the members of the House will sorely miss his insightful advice, his hard working attitude, humor, and the professionalism with which he tackled the variety of complex issues that confront the legislature; and
Whereas, while Charles is hard working and very responsible, he does have a favorite past time which is hunting. If the prey is legal to hunt, Charles has given it pursuit and his best shot; and
Whereas, Charles came to his position in the House a bachelor and leaves a married man. He and his wife, Taj, expect their first child next fall. We wish them every happiness as they embark on this very happy and busy time in their lives; and
Whereas, it is appropriate for the members of the House of Representatives to pause in their daily work so they might express the high regard and deep respect they have for this outstanding lawyer and very good friend. Now, therefore,
Be it resolved by the House of Representatives:
That, by this resolution, the members of the House of Representatives express their sincere appreciation and friendship to Charles Fennell Reid for his years of dedicated service to the Speaker and to them as Chief of Staff and Counsel to the Speaker and wish him well in his new position as an attorney in the private sector.
Be it further resolved that a copy of this resolution be presented to Charles Fennell Reid.
The Resolution was adopted.
The roll call of the House of Representatives was taken resulting as follows:
Allen Allison Altman Bales Barfield Barrett Battle Bingham Bowers Breeland Brown, G. Brown, J. Brown, R. Campsen Carnell Cato Chellis Clyburn Coates Cobb-Hunter Coleman Cooper Dantzler Davenport Delleney Easterday Emory Fleming Freeman Frye Gilham Gourdine Govan Hamilton Harrell Harrison Haskins Hayes Hines, J. Hines, M. 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 Neal, J.H. Neal, J.M. Ott Owens Perry Phillips Quinn Rhoad Rice Riser Rivers Robinson Rodgers Sandifer Scarborough Scott Sharpe Sheheen Simrill Sinclair Smith, D.C. Smith, G.M. Smith, J.R. Smith, W.D. Snow Stille Stuart Talley Taylor Thompson Townsend 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 Tuesday, March 20.
Todd Rutherford James E. Smith Bill Cotty Anne Parks Jackson Whipper Tracy Edge Daniel Tripp William Witherspoon Alex Harvin Fletcher Smith
LEAVE OF ABSENCE
The SPEAKER granted Rep. NEILSON a leave of absence for the week due to a car accident.
Announcement was made that Dr. William F. Ward, Jr. of Sumter is the Doctor of the Day for the General Assembly.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 3010 (Word version)
Date: ADD:
03/20/01 SHARPE
Bill Number: H. 3010 (Word version)
Date: ADD:
03/20/01 SIMRILL
Bill Number: H. 3010 (Word version)
Date: ADD:
03/20/01 G. M. SMITH
Bill Number: H. 3010 (Word version)
Date: ADD:
03/20/01 LEACH
Bill Number: H. 3010 (Word version)
Date: ADD:
03/20/01 TROTTER
Bill Number: H. 3010 (Word version)
Date: ADD:
03/20/01 LUCAS
Bill Number: H. 3010 (Word version)
Date: ADD:
03/20/01 WHITE
Bill Number: H. 3010 (Word version)
Date: ADD:
03/20/01 BOWERS
Bill Number: H. 3010 (Word version)
Date: ADD:
03/20/01 TAYLOR
Bill Number: H. 3010 (Word version)
Date: ADD:
03/20/01 KLAUBER
Bill Number: H. 3010 (Word version)
Date: ADD:
03/20/01 VAUGHN
Bill Number: H. 3010 (Word version)
Date: ADD:
03/20/01 A. YOUNG
Bill Number: H. 3010 (Word version)
Date: ADD:
03/20/01 RHOAD
Bill Number: H. 3374 (Word version)
Date: ADD:
03/20/01 RHOAD
Bill Number: H. 3048 (Word version)
Date: ADD:
03/20/01 BINGHAM
Bill Number: H. 3030 (Word version)
Date: ADD:
03/20/01 MCLEOD
Bill Number: H. 3695 (Word version)
Date: ADD:
03/20/01 COBB-HUNTER
Bill Number: H. 3721 (Word version)
Date: REMOVE:
03/20/01 JENNINGS
The following Bill was taken up, read the third time, and ordered sent to the Senate:
H. 3688 (Word version) -- Ways and Means Committee: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE ADDITIONAL PROJECTS, ALLOW THE APPLICATION OF AMOUNTS AVAILABLE TO TWO AND FOUR-YEAR COLLEGES AND UNIVERSITIES FOR DEFERRED MAINTENANCE UNDER THESE AUTHORIZATIONS TO BE APPLIED TO CAPITAL PROJECTS AUTHORIZED FOR THESE INSTITUTIONS, SPECIFY ACTIONS OF THE JOINT BOND REVIEW COMMITTEE WITH RESPECT TO THESE BONDS, CONFORM THE AGGREGATE PRINCIPAL INDEBTEDNESS AMOUNT TO THE ADDITIONAL AMOUNTS AUTHORIZED IN THIS SECTION, TO PROVIDE FOR THE USE OF PROCEEDS OF ANY SALE OF THE PROPERTY OF THE CAROLINA FARMERS' MARKET AND ESTABLISH AN ACCOUNT TO RETAIN SUCH PROCEEDS, TO PROVIDE THAT THE PROVISIONS OF SECTION 2-7-105 OF THE 1976 CODE DO NOT APPLY TO THESE AUTHORIZATIONS, AND TO AMEND SECTION 11-11-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRUST FUND FOR TAX RELIEF, SO AS TO PROVIDE THAT REVENUES CREDITED TO THAT FUND FOR A FISCAL YEAR ARE DEEMED GENERAL FUND REVENUES FOR THE PURPOSES OF CALCULATING THE STATE'S CONSTITUTIONAL LIMIT ON BONDED INDEBTEDNESS, AND CALCULATING AMOUNTS REQUIRED TO BE CREDITED TO THE GENERAL RESERVE FUND AND CAPITAL RESERVE FUND.
The following Bills were taken up, read the third time, and ordered sent to the Senate:
H. 3685 (Word version) -- Reps. Hayes and M. Hines: A BILL TO AUTHORIZE SCHOOL DISTRICTS 1, 2, AND 3 OF DILLON COUNTY TO CHARGE AND COLLECT INCIDENTAL FEES FROM PUPILS AND TO PROVIDE A WAIVER OF THESE FEES UNDER CERTAIN CONDITIONS.
H. 3286 (Word version) -- Rep. Davenport: A BILL TO AMEND SECTION 34-11-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRIMA FACIE EVIDENCE OF FRAUDULENT INTENT IN DRAWING CHECKS AND SERVICE CHARGES FOR DRAWING FRAUDULENT CHECKS, SO AS TO INCREASE THE SERVICE CHARGE ON CHECKS OF ONE HUNDRED DOLLARS OR LESS FROM TWENTY-FIVE DOLLARS TO THIRTY DOLLARS.
H. 3515 (Word version) -- Reps. Sandifer, Robinson, Allison, Altman, Askins, Barfield, Barrett, Bingham, Carnell, Cato, Chellis, Cobb-Hunter, Cooper, Dantzler, Harrell, Huggins, Keegan, Kelley, Kirsh, Klauber, Law, Leach, Martin, Meacham-Richardson, J. M. Neal, Phillips, Rice, Riser, Simrill, D. C. Smith, W. D. Smith, Snow, Talley, Taylor, Thompson, Trotter, Walker, Whipper, Wilder, A. Young, McLeod, Davenport, Emory, Sinclair and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-19-235 SO AS TO PROVIDE THAT A NONRESIDENT EMBALMER OR FUNERAL DIRECTOR MAY BE LICENSED IN THIS STATE IF THE LICENSURE REQUIREMENTS OF HIS STATE ARE SUBSTANTIALLY SIMILAR TO REQUIREMENTS OF THIS STATE AND TO REQUIRE FIVE YEARS OF PRACTICE AND PASSAGE OF AN EXAMINATION FOR LICENSURE WHEN THE LICENSURE REQUIREMENTS IN ANOTHER STATE ARE NOT SUBSTANTIALLY SIMILAR TO REQUIREMENTS IN THIS STATE; TO ADD SECTION 40-19-265 SO AS TO ESTABLISH PERMIT REQUIREMENTS FOR FUNERAL HOMES, BRANCH FUNERAL HOMES, RETAIL SALES OUTLETS, AND CREMATORIES; TO AMEND SECTION 40-19-10, AS AMENDED, RELATING TO THE SOUTH CAROLINA STATE BOARD OF FUNERAL SERVICE, SO AS TO REQUIRE ALL FUNERAL DIRECTORS AND EMBALMERS SERVING ON THE BOARD TO BE FULL-TIME EMPLOYEES OF A FUNERAL ESTABLISHMENT; TO AMEND SECTION 40-19-20, AS AMENDED, RELATING TO DEFINITIONS CONCERNING EMBALMERS AND FUNERAL DIRECTORS, SO AS TO REVISE, AMONG OTHER DEFINITIONS, "BRANCH FUNERAL HOME", "DISPOSITION", AND "MANAGER" AND TO DEFINE ADDITIONAL TERMS; TO AMEND SECTION 40-19-110, AS AMENDED, RELATING TO GROUNDS FOR MISCONDUCT, SO AS TO PROHIBIT SOLICITING THE SALE OF FUNERAL MERCHANDISE AND TO CLARIFY OTHER GROUNDS; TO AMEND SECTION 40-19-230, RELATING TO QUALIFICATIONS FOR LICENSURE, SO AS TO CHANGE THE ACCREDITING BODY FOR EMBALMING COLLEGES AND TO CONFORM PROVISIONS TO THE REVISED LICENSURE REQUIREMENTS FOR OUT-OF-STATE EMBALMERS AND FUNERAL DIRECTORS; TO AMEND SECTION 40-19-270, RELATING TO PERMITS AND INSPECTIONS OF FUNERAL ESTABLISHMENTS AND CREMATORIES, SO AS TO APPLY CERTAIN OF THESE PROVISIONS TO RETAIL SALES OUTLETS; TO AMEND SECTION 40-19-280, RELATING TO THE REQUIREMENT THAT A PERSON BE LICENSED TO HOLD HIMSELF OUT AS PRACTICING FUNERAL SERVICE OR OPERATING A FUNERAL ESTABLISHMENT, SO AS TO APPLY THIS LICENSURE REQUIREMENT TO A PERSON OPERATING A CREMATORY OR A RETAIL SALES OUTLET; AND TO AMEND SECTION 40-19-290, RELATING TO DISCLOSURE OF INFORMATION AND EXPENSES TO CLIENTS BY FUNERAL ESTABLISHMENTS, SO AS TO ALSO REQUIRE CREMATORIES TO DISCLOSE SUCH INFORMATION AND EXPENSES TO ITS CLIENTS.
H. 3366 (Word version) -- Reps. Snow, Altman, Bales, Barfield, Breeland, R. Brown, Campsen, Edge, Gilham, Harvin, Keegan, Kelley, Limehouse, Miller, Rodgers, Scarborough, Vaughn, Whatley and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-32-55 SO AS TO PROVIDE THAT NO OWNER OF AN INTEREST IN A VACATION TIME-SHARING UNIT MAY BE CHARGED AN UP-FRONT APPRAISAL FEE FOR THE RESALE OF HIS OWNERSHIP INTEREST BUT INSTEAD MAY ONLY BE CHARGED A MARKETING FEE OR COMMISSION UPON THE RESALE OF THE UNIT IN AN AMOUNT STIPULATED BY WRITTEN AGREEMENT BETWEEN THE OWNER AND HIS SALES AGENT, AND TO PROVIDE THAT ANY PERSON VIOLATING THE PROVISIONS OF THIS SECTION IS DEEMED TO HAVE COMMITTED AN UNFAIR TRADE PRACTICE AND IS SUBJECT TO ALL PENALTIES AND REMEDIES PROVIDED BY LAW FOR THIS VIOLATION.
H. 3465 (Word version) -- Reps. Easterday, Allison, Altman, Barrett, G. Brown, Campsen, Cato, Chellis, Coleman, Davenport, Hamilton, Harrison, Haskins, Law, Leach, McLeod, Moody-Lawrence, Rice, Robinson, Sandifer, F. N. Smith, W. D. Smith, Stille, Tripp, Vaughn and A. Young: A BILL TO AMEND TITLE 58, CHAPTER 3, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUBLIC SERVICE COMMISSION, BY ADDING SECTION 58-3-230 SO AS TO PROHIBIT THE UNAUTHORIZED CHANGE OF A CUSTOMER'S UTILITY SERVICE PROVIDER AND TO ESTABLISH PENALTIES.
The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification:
S. 235 (Word version) -- Senators McConnell and Branton: A BILL TO AMEND SECTION 30-4-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RECORDING OF A PUBLIC MEETING, SO AS TO ALLOW THOSE IN ATTENDANCE TO VIDEO TAPE A PUBLIC MEETING.
The following Bill was taken up:
H. 3048 (Word version) -- Reps. Campsen, Delleney, Littlejohn, Davenport, Altman, Clyburn, Simrill, Owens, Robinson, Loftis, Leach, Hamilton, Vaughn, Knotts and Bingham: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING SECTION 59-1-460 SO AS TO ENACT THE "SOUTH CAROLINA RELEASED TIME FOR RELIGIOUS AND CHARACTER EDUCATION ACT OF 2001" TO PROVIDE THAT A SCHOOL DISTRICT BOARD OF TRUSTEES MAY ADOPT A POLICY THAT AUTHORIZES A STUDENT TO BE EXCUSED FROM SCHOOL TO ATTEND A CLASS IN RELIGIOUS OR CHARACTER INSTRUCTION, TO PROVIDE FOR THE REQUIREMENTS THAT MUST BE MET BEFORE STUDENTS MAY BE EXCUSED FOR THIS PURPOSE, AND TO PROVIDE THAT STUDENTS ATTENDING THIS INSTRUCTION ARE NOT CONSIDERED ABSENT FROM SCHOOL.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SKB\AMEND\18250SOM01), which was adopted:
Amend the bill, as and if amended, by striking all before the enacting words and inserting:
/ Whereas, the South Carolina General Assembly finds that:
(1) The free exercise of religion is an inherent, fundamental, and inalienable right secured by the First Amendment to the United States Constitution.
(2) The free exercise of religion is important to the intellectual, moral, civic, and ethical development of students in South Carolina, and that any such exercise must be conducted in a constitutionally appropriate manner.
(3) The United States Supreme Court, in its decision, Zorach v. Clauson, 343 U.S. 306 (1952), upheld the constitutionality of released time programs for religious instruction during the school day if the programs take place away from school grounds, school officials do not promote attendance at religious classes, and solicitation of students to attend is not done at the expense of public schools.
(4) The federal Constitution and state law allow the state's school districts to offer religious released time education for the benefit of the state's public school students.
(5) The purpose of this act is to incorporate a constitutionally acceptable method of allowing religious instruction to the state's public school students during the school day in released time programs that do not involve the expenditure of public funds to implement the programs. Now, therefore, /
Amend the bill further by striking all after the enacting words and inserting:
/ SECTION 1. This act may be cited as the "South Carolina Released Time for Religious Education Act".
SECTION 2. Chapter 1, Title 59 of the 1976 Code is amended by adding:
"Section 59-1-460. (A) The school district board of trustees may adopt a policy that authorizes a student to be excused from school to attend a class in religious instruction conducted by a private entity if:
(1) the student's parent or guardian gives written consent;
(2) the sponsoring entity maintains attendance records and makes them available to the public school the student attends;
(3) transportation to and from the place of instruction, including transportation for students with disabilities, is the complete responsibility of the sponsoring entity, parent, or guardian;
(4) the sponsoring entity makes provisions for and assumes liability for the student who is excused; and
(5) no public funds are expended and no public school personnel are involved in providing the religious instruction.
(B) It is the responsibility of a participating student to make up any missed schoolwork. While in attendance in a religious instruction class pursuant to this section, a student is not considered to be absent from school.
(C) A school district board of trustees may award high school students an appropriate number of elective Carnegie units for the completion of released time classes in religious instruction as provided for in subsection (A) if:
(1) for the purpose of awarding elective Carnegie units, the released time classes in religious instruction are evaluated on an entirely secular basis that is substantially the same basis used to evaluate similar classes at established private high schools for the purpose of determining whether a student transferring to a public high school from a private high school will be awarded elective Carnegie units for such classes; and
(2) the decision to award elective Carnegie units is neutral with regard to, and does not involve any test for, religious content or denominational affiliation."
SECTION 3. 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 4. This act takes effect upon approval by the Governor. /
Amend the bill further by striking the title and inserting:
/ TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING SECTION 59-1-460 SO AS TO ENACT THE "SOUTH CAROLINA RELEASED TIME FOR RELIGIOUS EDUCATION ACT", TO PROVIDE THAT A SCHOOL DISTRICT BOARD OF TRUSTEES MAY ADOPT A POLICY THAT AUTHORIZES A STUDENT TO BE EXCUSED FROM SCHOOL TO ATTEND A CLASS IN RELIGIOUS INSTRUCTION, TO PROVIDE THE REQUIREMENTS THAT MUST BE MET BEFORE STUDENTS MAY BE EXCUSED FOR THIS PURPOSE, TO PROVIDE THAT STUDENTS ATTENDING THIS INSTRUCTION ARE NOT CONSIDERED ABSENT FROM SCHOOL, AND TO PROVIDE THAT A SCHOOL DISTRICT BOARD OF TRUSTEES MAY AWARD STUDENTS ELECTIVE CARNEGIE UNITS FOR COMPLETION OF RELEASED TIME IN RELIGIOUS INSTRUCTION CLASSES. /
Renumber sections to conform.
Rep. CAMPSEN explained the amendment.
The amendment was then adopted.
Reps. TOWNSEND and CAMPSEN proposed the following Amendment No. 3 (Doc Name COUNCIL\GJK\AMEND\20377SD01), which was adopted:
Amend the bill, as and if amended, by deleting subsection (C) in its entirety.
Renumber sections to conform.
Amend totals and title to conform.
Rep. CAMPSEN explained the amendment.
The amendment was then adopted.
Reps. TOWNSEND and CAMPSEN proposed the following Amendment No. 2 (Doc Name COUNCIL\GJK\AMEND\20372SD01), which was adopted:
Amend the bill, as and if amended, in Section 59-1-460 of the 1976 Code, as contained in SECTION 2, after the first sentence of subsection (B) by adding /However, no student may be released from a core academic subject class to attend a religious instruction class./
Renumber sections to conform.
Amend totals and title to conform.
Rep. CAMPSEN explained the amendment.
The amendment was then adopted.
Rep. CAMPSEN explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3403 (Word version) -- Reps. Harrison and Rodgers: A BILL TO AMEND SECTION 56-5-5640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF CERTAIN ABANDONED VEHICLES, SO AS TO PROVIDE THAT A SHERIFF'S OR CHIEF OF POLICE'S DESIGNEE MAY SELL AN ABANDONED VEHICLE AT A PUBLIC AUCTION.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\AMEND\22894CM01), which was adopted:
Amend the bill, as and if amended, by adding the following appropriately numbered SECTIONS:
/ SECTION _____. Section 27-21-20(B) of the 1976 Code, as last amended by Act 148 of 1993, is further amended to read:
"(B) The sheriff of a county or chief of police of a municipality may sell at public auction any a recovered stolen or abandoned property after he has held it for sixty days and declared it abandoned by the jurisdiction. The sheriff or chief of police shall make a diligent effort to ascertain the true owner of the property and at least twice before the sale advertise the property with its full description in a newspaper having general circulation in the county or municipality having jurisdiction of the property and post the advertisement in the sheriff's office or the police department and at the courthouse. At any time after When thirty days have elapsed after publication of the second advertisement, the sheriff or chief of police may sell to the highest bidder at a place designated by the sheriff or chief of police the abandoned or recovered stolen property as advertised. The sheriff, or chief of police, or their designee shall turn over all proceeds of the sale to the county or municipal treasurer who shall pay any debts incurred in holding the sale and then shall place the final proceeds in a special fund."
SECTION _____. Section 56-5-6240(C)(3) of the 1976 Code, as last amended by Act 115 of 1999, is further amended to read:
"(3) if the fair market value of the vehicle is five hundred dollars or more and the vehicle is not reclaimed as provided in this section, the sheriff, or chief of police, or their designee shall sell the vehicle at public auction. The purchaser of the vehicle shall take title to the vehicle free and clear of all liens and claims of ownership, receive a sales receipt from the sheriff or chief of police, and is entitled to register the vehicle and receive a certificate of title. The sales receipt is sufficient title only for the purposes of transferring the vehicle to a demolisher for demolition, wrecking, or dismantling without the necessity of additional titling of the vehicle. The costs of the hearing, auction, and reasonable towing and storage charges which resulted from placing the vehicle in custody, all notice and publication costs, and all legal costs incurred pursuant to this subsection must be reimbursed from the proceeds of the sale of the vehicle. Any remaining proceeds from the sale must be deposited in the general fund of the county or municipality;" /
Renumber sections to conform.
Amend title to conform.
Rep. MCGEE explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Joint Resolution was taken up:
S. 413 (Word version) -- Senators Wilson, Leatherman and Giese: A JOINT RESOLUTION TO EXEMPT FROM MOTOR VEHICLE TITLING, LICENSING, AND REGISTRATION LAWS MOTOR VEHICLES PROVIDED FOR PROMOTIONAL PURPOSES BY AN AUTOMOBILE MANUFACTURER IN CONNECTION WITH A NATIONALLY-SPONSORED NASCAR RACING EVENT HELD IN THIS STATE IN 2001.
Rep. JENNINGS moved to commit the Joint Resolution to the Committee on Judiciary, which was agreed to.
Rep. TOWNSEND moved to adjourn debate upon the following Bill until Wednesday, March 21, which was adopted:
H. 3529 (Word version) -- Reps. Stille, Townsend, Carnell, Allison, Littlejohn, Sandifer and Walker: A BILL TO AMEND SECTIONS 59-4-20 AND 59-4-40, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS AND FUND ADMINISTRATION FOR PURPOSES OF THE SOUTH CAROLINA TUITION PREPAYMENT PROGRAM ACT, SO AS TO FURTHER DEFINE "TUITION" AND TO PROVIDE THAT THE CONTENTS OF THE REVOLVING FUND, INCLUDING ANY RIGHT OF REFUND OR ANY OTHER RIGHT ACCRUED BY A PERSON IN THE FUND IS EXEMPT FROM LEGAL PROCESS AND IS UNASSIGNABLE.
Rep. TOWNSEND moved to adjourn debate upon the following Bill until Wednesday, March 21, which was adopted:
H. 3533 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 59-101-350, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION ON HIGHER EDUCATION'S ANNUAL REPORT UNDER THE EDUCATION ACCOUNTABILITY ACT, SO AS TO FURTHER PROVIDE FOR THAT INFORMATION WHICH MUST BE SUBMITTED BY TWO-YEAR AND FOUR-YEAR POST-SECONDARY INSTITUTIONS FOR INCLUSION IN THE REPORT.
Rep. TOWNSEND moved to adjourn debate upon the following Bill until Wednesday, March 21, which was adopted:
H. 3534 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 59-101-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLEGES AND UNIVERSITIES EMPHASIZING TEACHING AS A CAREER OPPORTUNITY, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE REQUIREMENTS ARE IMPLEMENTED, AND FOR THE CONTENT OF TEACHER EDUCATION PROGRAMS.
The following Bill was taken up:
H. 3014 (Word version) -- Reps. Kirsh, Meacham-Richardson, Witherspoon, Stille and Walker: A BILL TO AMEND SECTION 56-3-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION OF A MOTOR VEHICLE BY A NONRESIDENT OWNER, SO AS TO PROVIDE FOR A SWORN WRITTEN RESPONSE TO INQUIRY AS TO NONRESIDENCY BY THE COUNTY AUDITOR OF ANY COUNTY IN WHICH A NONRESIDENT OWNS OR LEASES REAL OR PERSONAL PROPERTY, TO MAKE THE WILLFUL FAILURE TO REGISTER IN A TIMELY MANNER A MISDEMEANOR, AND TO PROVIDE FOR PENALTIES AND PAYMENT OF TWICE THE PERSONAL PROPERTY TAXES PROPERLY DUE AND PAYABLE ON THE VEHICLE, PLUS PENALTIES AND INTEREST.
Rep. MARTIN explained the Bill.
Rep. MEACHAM-RICHARDSON spoke in favor of the Bill.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of the Bill, Rep. MEACHAM-RICHARDSON having the floor.
On motion of Rep. HARRELL, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary and was referred to the Committee on Ways and Means:
H. 3695 (Word version) -- Reps. Rodgers, Allison, Freeman, Haskins, Hinson, Lee, Martin, Miller, Moody-Lawrence, Parks, Stuart, A. Young and Cobb-Hunter: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-4-160 SO AS TO ESTABLISH THE DOMESTIC VIOLENCE FUND WITHIN THE STATE TREASURY TO BE ADMINISTERED BY THE DEPARTMENT OF SOCIAL SERVICES FOR THE PURPOSE OF AWARDING GRANTS TO DOMESTIC VIOLENCE CENTERS AND PROGRAMS IN THE STATE THAT MEET CERTAIN CRITERIA; TO ADD SECTION 20-1-375 SO AS TO INCREASE THE MARRIAGE LICENSE FEE BY TWENTY DOLLARS WHICH MUST BE CREDITED TO THE DOMESTIC VIOLENCE FUND; AND TO AMEND SECTION 8-21-310, AS AMENDED, RELATING TO VARIOUS FEES TO BE COLLECTED BY CLERKS OF COURT, SO AS TO INCREASE THE FILING FEE FOR DIVORCE OR SEPARATE MAINTENANCE ACTIONS BY TWENTY DOLLARS WHICH ALSO MUST BE CREDITED TO THE DOMESTIC VIOLENCE FUND.
The Senate amendments to the following Bill were taken up for consideration:
H. 3227 (Word version) -- Reps. Altman and Neilson: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT THE DWELLING HOME AND LOT OF A FORMER PRISONER OF WAR OR MEDAL OF HONOR WINNER AND TO PROVIDE THE CONDITIONS UNDER WHICH THE EXEMPTION CONTINUES FOR A SURVIVING SPOUSE.
Rep. ALTMAN moved to adjourn debate upon the Senate Amendments until Wednesday, March 21, which was agreed to.
Rep. FLEMING moved that the House recur to the Morning Hour, which was agreed to.
The following was introduced:
H. 3741 (Word version) -- Reps. Allison, Robinson, Davenport and Rice: A HOUSE RESOLUTION REQUESTING THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO REPEAL REGULATION 61-57 REGULATING THE DEVELOPMENT OF SUBDIVISION WATER SUPPLY AND SEWAGE TREATMENT AND DISPOSAL SYSTEMS OR IN THE ALTERNATIVE TO SUSPEND IMPLEMENTATION OF THIS REGULATION UNTIL FURTHER STUDY CAN BE CONDUCTED TO ASCERTAIN THE IMPACT OF THIS REGULATION ON SUBDIVISION DEVELOPMENT.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 3742 (Word version) -- Rep. J. E. Smith: A CONCURRENT RESOLUTION TO MEMORIALIZE THE PRESIDENT, THE CONGRESS, AND THE GOVERNMENT OF THE UNITED STATES TO MAINTAIN ITS COMMITMENT TO AMERICA'S MILITARY RETIREES BY PROVIDING LIFETIME HEALTH CARE FOR MILITARY RETIREES OVER THE AGE OF SIXTY-FIVE YEARS, TO PROVIDE AMERICA'S MILITARY RETIREES AND THEIR FAMILIES WITH THE HEALTH CARE THEY WERE PROMISED AND EARNED BY ENACTING COMPREHENSIVE LEGISLATION THAT AFFORDS MILITARY RETIREES ACCESS TO HEALTH CARE THROUGH MILITARY TREATMENT FACILITIES OR THE MILITARY'S NETWORK OF HEALTH CARE PROVIDERS, AND BY ENACTING LEGISLATION OPENING THE FEDERAL EMPLOYEES HEALTH BENEFIT PROGRAM TO UNIFORM SERVICES BENEFICIARIES ELIGIBLE FOR MEDICARE ON THE SAME BASIS AND CONDITIONS THAT APPLY TO FEDERAL CIVILIAN EMPLOYEES.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 3743 (Word version) -- Reps. Harvin and Kennedy: A CONCURRENT RESOLUTION EXPRESSING THE HEARTFELT SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF MRS. ANNIE VIRGINIA MARTIN GIBSON OF CLARENDON COUNTY AND EXTENDING DEEPEST SYMPATHIES TO HER FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 3744 (Word version) -- Reps. Sharpe, Coates, Loftis, McGee, D. C. Smith, G. M. Smith, J. R. Smith, Witherspoon and J. Young: A BILL TO AMEND SECTION 16-23-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCEPTIONS TO THE APPLICATION OF PROVISIONS REGARDING OFFENSES INVOLVING WEAPONS, SO AS TO PROVIDE THAT THESE PROVISIONS DO NOT APPLY TO A PERSON AUTHORIZED TO POSSESS CERTAIN WEAPONS BY THE UNITED STATES DEPARTMENT OF THE TREASURY, THE BUREAU OF ALCOHOL, TOBACCO AND FIREARMS, OR ANY OTHER FEDERAL AGENCY EMPOWERED TO GRANT THIS AUTHORIZATION.
Referred to Committee on Judiciary
H. 3745 (Word version) -- Rep. J. E. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-3-555 SO AS TO PROVIDE A STATUTE OF LIMITATIONS FOR ACTIONS BASED ON SEXUAL ABUSE OR INCEST OF SIX YEARS FROM THE TIME A PERSON BECOMES TWENTY-ONE OR WITHIN FOUR YEARS OF DISCOVERING THE INJURY AND THE CAUSAL RELATIONSHIP BETWEEN THE INJURY AND THE ABUSE OR INCEST; TO PROVIDE THAT PARENTAL IMMUNITY IS NOT A DEFENSE; TO PROVIDE THAT A LAWSUIT BASED ON ABUSE OR INCEST PREVIOUSLY BROUGHT AND BARRED BY THE STATUTE OF LIMITATIONS MAY BE BROUGHT WITHIN FOUR YEARS OF THIS ACT'S EFFECTIVE DATE; AND TO PROVIDE SEVERABILITY PROVISIONS.
Referred to Committee on Judiciary
H. 3746 (Word version) -- Rep. J. E. Smith: A BILL TO AMEND SECTION 20-7-490, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE CHILDREN'S CODE, SO AS TO REVISE THE DEFINITION OF "HARM" TO INCLUDE CORPORAL PUNISHMENT ADMINISTERED BY AN OPERATOR, EMPLOYEE, OR CAREGIVER OF A CHILD DAYCARE FACILITY.
Referred to Committee on Judiciary
H. 3747 (Word version) -- Rep. J. E. Smith: A BILL TO AMEND SECTION 59-114-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SOUTH CAROLINA NATIONAL GUARD TUITION ASSISTANCE GRANTS, SO AS TO PROVIDE THAT NO MEMBER MAY BE PAID MORE THAN TWO THOUSAND DOLLARS PER ACADEMIC YEAR AND A TOTAL OF EIGHT THOUSAND DOLLARS, THAT THE TUITION ASSISTANCE BENEFIT MUST BE USED WITHIN TEN YEARS OF THE MEMBER FIRST ENTERING THE SOUTH CAROLINA NATIONAL GUARD, AND TO REQUIRE A NEW APPLICATION FOR EACH ACADEMIC TERM; TO AMEND SECTION 59-114-40, AS AMENDED, RELATING TO REQUIREMENTS TO QUALIFY FOR TUITION ASSISTANCE, SO AS TO CHANGE THE SERVICE OBLIGATION OF A MEMBER BEYOND THE END OF THE ACADEMIC PERIOD FOR WHICH TUITION IS REQUESTED FROM TWO YEARS TO ONE YEAR; TO AMEND SECTION 59-114-50, RELATING TO ADMINISTRATION OF THE TUITION ASSISTANCE PROGRAM, SO AS TO PROVIDE THAT AN AMOUNT NOT TO EXCEED ONE PERCENT OF THE TOTAL ANNUAL BUDGET MAY BE USED TO COVER ADMINISTRATIVE COSTS OF THE PROGRAM; TO AMEND SECTION 59-114-70, AS AMENDED, RELATING TO MAKING TUITION ASSISTANCE PAYMENTS TO APPLICANTS, SO AS TO PROVIDE THAT TUITION ASSISTANCE PAYMENTS SHALL BE MADE TO ELIGIBLE INSTITUTIONS FOR CREDIT TO THE ACCOUNT OF THE MEMBER RATHER THAN DIRECTLY TO THE MEMBER, AND TO PROVIDE THAT ELIGIBLE INSTITUTIONS RECEIVING TUITION ASSISTANCE PAYMENTS ARE SUBJECT TO ACCOUNT TO THE STATE AUDITOR FOR SUCH MONIES.
Referred to Committee on Ways and Means
H. 3748 (Word version) -- Rep. J. E. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-29-735 SO AS TO EXEMPT A BUSINESS WHOSE PRIMARY PURPOSE IS THE LAUNDERING OF MATERIAL WHICH CONTAINS RADIOACTIVE MATERIALS AND IS REGULATED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL PURSUANT TO THE PROVISIONS OF REGULATION 61-63 (RADIOACTIVE MATERIALS).
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 3749 (Word version) -- Rep. J. E. Smith: A BILL TO PROVIDE FOR AN ADDITIONAL CLAIMS REPRESENTATIVE IN THE DIVISION OF VETERANS AFFAIRS, OFFICE OF THE GOVERNOR, TO SPECIALIZE IN THE SPECIFIC NEEDS AND DISEASES ASSOCIATED WITH VETERANS OF THE VIETNAM ERA, TO REPRESENT THE DIVISION OF VETERANS AFFAIRS ON THE SOUTH CAROLINA AGENT ORANGE ADVISORY COUNCIL AND ON THE HEPATITIS C COALITION ESTABLISHED BY THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, TO ASSIST THE DIVISION OF VETERANS AFFAIRS IN CARRYING OUT ITS DUTIES IN CONNECTION WITH THE AGENT ORANGE INFORMATION AND ASSISTANCE PROGRAM, TO REPRESENT THE DIRECTOR IN CONNECTION WITH FUNCTIONS RELATING TO VIETNAM VETERANS, AND TO PERFORM OTHER DUTIES AS ASSIGNED.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 3750 (Word version) -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-47-115 SO AS TO PROHIBIT A PROGRAM TO BE ADMINISTERED BY THE SCHOOL FOR THE DEAF AND THE BLIND OR CONDUCTED ON THE PROPERTY OF THE SCHOOL FOR STUDENTS WITH PSYCHOLOGICAL OR BEHAVIORAL PROBLEMS TO THE EXTENT THAT THESE STUDENTS MAY HARM OR PRESENT A THREAT OF HARM TO THE DEAF, HARD OF HEARING, BLIND, OR VISUALLY IMPAIRED STUDENTS.
Referred to Committee on Education and Public Works
H. 3751 (Word version) -- Reps. Knotts, Rutherford, Whatley and A. Young: A BILL TO REPEAL SECTION 56-5-4840, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SELLING OR USING OF DEVICES OR EQUIPMENT TO CHANGE THE ORIGINAL DESIGN OR PERFORMANCE OF A HEAD LAMP, OTHER LAMP, OR REFLECTORS TO BE ATTACHED TO CERTAIN VEHICLES UNLESS THE EQUIPMENT OR DEVICE HAS BEEN APPROVED BY THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY.
Referred to Committee on Education and Public Works
H. 3752 (Word version) -- Reps. Knotts, Clyburn and Rutherford: A BILL TO AMEND SECTION 56-1-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A SPECIAL RESTRICTED DRIVER'S LICENSE TO CERTAIN MINORS BY THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO PROVIDE THAT THE RESTRICTIONS CONTAINED IN THIS DRIVER'S LICENSE MAY BE MODIFIED OR WAIVED BY THE DEPARTMENT IF THE RESTRICTED LICENSEE PROVES THAT THE RESTRICTION INTERFERES WITH TRAVEL BETWEEN THE LICENSEE'S HOME AND CHURCH RELATED EVENTS.
Referred to Committee on Education and Public Works
H. 3753 (Word version) -- Rep. Hinson: A BILL TO AMEND SECTIONS 20-7-8920 AND 20-7-8925, BOTH AS AMENDED, RELATING TO THE UNLAWFUL PURCHASE OR POSSESSION OF BEER, ALE, WINE, MALT, OR ALCOHOLIC LIQUORS BY CERTAIN PERSONS UNDER THE AGE OF TWENTY-ONE, SO AS TO PROVIDE THAT BEFORE A PERSON ARRESTED FOR A VIOLATION OF EITHER SECTION IS RELEASED FROM CUSTODY, THE LAW ENFORCEMENT AGENCY THAT MADE THE ARREST MUST OBTAIN POSITIVE IDENTIFICATION FROM THE PERSON TO ENSURE THAT THE PERSON WHO WAS ARRESTED IS THE PERSON WHO IS RELEASED FROM CUSTODY.
Referred to Committee on Judiciary
H. 3754 (Word version) -- Reps. Wilkins, Harrell, Quinn and W. D. Smith: A JOINT RESOLUTION TO CREATE A STATE GOVERNMENT GROWTH AND SPENDING JOINT STUDY COMMITTEE TO STUDY THE FEASIBILITY AND ADVISABILITY OF STRICTER CONTROL ON THE RATE OF GROWTH OF STATE GOVERNMENT AND TO EXAMINE THE ADEQUACY AND EFFICACY OF THE CONSTITUTIONALLY MANDATED LIMITATION ON THE AMOUNT THE GENERAL ASSEMBLY MAY APPROPRIATE FOR THE OPERATION OF STATE GOVERNMENT; TO PROVIDE FOR THE STUDY COMMITTEE MEMBERSHIP; AND TO REQUIRE THAT THE STUDY COMMITTEE REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY BEFORE JUNE 1, 2001, AT WHICH TIME THE STUDY COMMITTEE IS ABOLISHED.
Referred to Committee on Ways and Means
H. 3755 (Word version) -- Reps. Wilkins, Harrell, Quinn and W. D. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 2-7-130, 2-15-140, AND 11-11-75 SO AS TO PROVIDE THAT A PROVISION ADDING TO, AMENDING, OR REPEALING A PART OF THE GENERAL AND PERMANENT LAW OF THE STATE MUST NOT BE INCLUDED IN THE ANNUAL GENERAL APPROPRIATIONS BILL OR ANY BILL OR JOINT RESOLUTION MAKING SUPPLEMENTAL APPROPRIATIONS, TO CREATE A DIVISION WITHIN THE LEGISLATIVE AUDIT COUNCIL TO CONDUCT EVALUATIONS OF PROGRAMS OF STATE AGENCIES AND DEPARTMENTS TO DETERMINE IF THESE PROGRAMS HAVE OUTLIVED THEIR USEFULNESS OR SHOULD BE CHANGED TO ADDRESS THE PRIORITIES AND NEEDS OF THE CITIZENS THEY AFFECT, PROVIDE FOR A PROCEDURE FOR THE INITIATION OF A REVIEW, AND PROVIDE FOR ITS FINDINGS AFTER A REVIEW HAS BEEN COMPLETED, AND TO REQUIRE THE GOVERNOR IN THE PREPARATION OF THE ANNUAL RECOMMENDED STATE BUDGET TO APPLY "ZERO-BASE" BUDGETING PRINCIPLES AND TO REQUIRE THE HOUSE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE IN THE CONSIDERATION OF THE ANNUAL GENERAL APPROPRIATIONS BILL AND BILLS OR JOINT RESOLUTIONS MAKING SUPPLEMENTAL APPROPRIATIONS TO APPLY "ZERO-BASE" BUDGETING PRINCIPLES.
Referred to Committee on Ways and Means
H. 3756 (Word version) -- Reps. Wilkins and Harrison: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT JURISDICTION, SO AS TO PROVIDE THAT FAMILY COURT HAS EXCLUSIVE JURISDICTION TO HEAR AND DETERMINE MATTERS RELATING TO THE VALIDITY OF PREMARITAL AGREEMENTS AND THE EFFECT OF THESE AGREEMENTS ON ISSUES OTHERWISE WITHIN FAMILY COURT JURISDICTION.
Referred to Committee on Judiciary
H. 3757 (Word version) -- Rep. J. E. Smith: A BILL TO AMEND SECTION 59-111-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FREE TUITION FOR CERTAIN VETERANS' CHILDREN AT STATE-SUPPORTED COLLEGES, UNIVERSITIES, AND TECHNICAL SCHOOLS, SO AS TO PROVIDE THAT CHILDREN OF VETERANS AWARDED A PURPLE HEART FOR WOUNDS RECEIVED IN COMBAT ALSO QUALIFY FOR FREE TUITION UNDER THE CONDITIONS STIPULATED IN THIS SECTION.
Referred to Committee on Ways and Means
Rep. SHARPE moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 3709 (Word version) -- Rep. Hayes: A CONCURRENT RESOLUTION CONGRATULATING LATTA HIGH SCHOOL VIKINGS BOYS BASKETBALL TEAM ON WINNING THE CLASS A STATE CHAMPIONSHIP.
H. 3712 (Word version) -- Reps. M. Hines, Coates, J. Hines and McGee: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE THE MEMBERS OF THE BYRNES ACADEMY VARSITY FOOTBALL TEAM OF FLORENCE WHO WON THE SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION CLASS AA STATE CHAMPIONSHIP AND TO WISH THEM MUCH SUCCESS IN THE FUTURE.
H. 3713 (Word version) -- Reps. Knotts, Bingham, Frye, Huggins, Koon, Riser and Stuart: A CONCURRENT RESOLUTION TO MARK THE PASSING OF THE LATE DR. HARRY ODELLE HARMAN, SR., FORMERLY OF LEXINGTON WHO DEPARTED THIS LIFE ON JANUARY 11, 1969, TO FONDLY RECALL HIS MANY PERSONAL ACCOMPLISHMENTS AND HIS TREMENDOUS CONTRIBUTION TO HIS COMMUNITY, HIS NATIVE STATE, AND THE NATION IN BUSINESS AND AS A DISTINGUISHED LEADER IN THE FIELD OF EDUCATION AND TO JOIN WITH HIS FAMILY AND MANY FRIENDS IN REMEMBERING AND CELEBRATING THE LIFE AND SERVICE OF THIS DISTINGUISHED SOUTH CAROLINIAN AND GREAT AMERICAN.
H. 3723 (Word version) -- Reps. J. E. Smith and Lourie: A CONCURRENT RESOLUTION CONGRATULATING JOY E. SOVDE UPON RECEIVING THE MARIAN WRIGHT EDELMAN AWARD PRESENTED BY THE SOUTH CAROLINA ASSOCIATION FOR THE EDUCATION OF YOUNG CHILDREN AND TO EXPRESS THE APPRECIATION OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY FOR HER TIRELESS EFFORTS ON BEHALF OF SOUTH CAROLINA'S CHILDREN.
H. 3724 (Word version) -- Reps. Rodgers, Gilham and Rivers: A CONCURRENT RESOLUTION TO RECOGNIZE THE BEAUFORT COUNTY YMCA ON THE CELEBRATION OF THE ONE HUNDRED FIFTIETH ANNIVERSARY OF THE YMCA MOVEMENT AND THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA ACKNOWLEDGE WITH GREAT PRIDE THE NOBLE EFFORTS AND POSITIVE IMPACT OF THE ORGANIZATION IN BEAUFORT COUNTY.
H. 3727 (Word version) -- Reps. Taylor, Carnell and Wilder: A CONCURRENT RESOLUTION CONGRATULATING THE LAURENS HIGH SCHOOL "RAIDERS" GIRLS BASKETBALL TEAM ON WINNING THE CLASS AAAA STATE BASKETBALL CHAMPIONSHIP.
H. 3728 (Word version) -- Rep. Townsend: A CONCURRENT RESOLUTION TO CONGRATULATE THE TWENTY-TWO SOUTH CAROLINA TECHNICAL COLLEGE STUDENTS NAMED TO SOUTH CAROLINA'S 2001 ALL-STATE ACADEMIC TEAM
H. 3729 (Word version) -- Reps. Chellis, Cobb-Hunter, Harrell, Owens and A. Young: A CONCURRENT RESOLUTION CONGRATULATING THE SUMMERVILLE HIGH SCHOOL "GREEN WAVE" WRESTLING TEAM ON CAPTURING THE CLASS AAAA 2000-2001 STATE WRESTLING CHAMPIONSHIP.
At 1:05 p.m. the House, in accordance with the motion of Rep. TAYLOR, adjourned in memory of Carl Medlock of Laurens, to meet at 10:00 a.m. tomorrow.
This web page was last updated on Thursday, June 25, 2009 at 1:08 P.M.