Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rep. CAMPSEN as follows:
O God our Father, in Whom we trust and by Whose guidance we have been brought to this hour, continue to be with the members of this House of Representatives and all others connected with its important work. Give them good health to do their work, prudent judgments for the decisions to be made, wisdom beyond their own, and clear understanding of the problems at hand. Teach us to love fair play, honest dealings, straight talk, and a greater faith in God. Make us to understand Your love for us, and grant us Your peace. We pray for Your Mercy's sake. 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. COATES moved that when the House adjourns, it adjourn in memory of Phil Gee, Sr., which was agreed to.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
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.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
H. 3721 (Word version) -- Reps. Cato, J. E. Smith, Chellis, Knotts, Cooper, Bales, Hayes, Harvin, Tripp, Leach, Ott, Whatley, Edge and Hinson: A BILL TO AMEND SECTION 34-29-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONSUMER FINANCING IN CONNECTION WITH LICENSING OF CONSUMER FINANCE COMPANIES, SO AS TO ALLOW A LICENSEE TO CHARGE A MINIMUM DELINQUENCY CHARGE OF TEN DOLLARS ON AN UNPAID INSTALLMENT AFTER TEN DAYS AND TO ADD A MAINTENANCE FEE OF THREE DOLLARS A MONTH TO THE GROSS AMOUNT OF THE PROMISSORY NOTE, IF THAT FEE IS REFUNDED PRO RATA UPON PREPAYMENT OF THE NOTE; TO AMEND SECTION 37-3-203, AS AMENDED, RELATING TO DELINQUENCY CHARGES IN CONNECTION WITH A CONSUMER LOAN OR REFINANCING OF A CONSUMER LOAN, SO AS TO PROVIDE FOR A MINIMUM DELINQUENCY CHARGE OF TEN DOLLARS ON AN INSTALLMENT THAT IS UNPAID TEN DAYS AFTER ITS DUE DATE AND TO ALLOW A CREDITOR TO APPLY PAYMENT TO A DELINQUENT RATHER THAN CURRENT OR UNMATURED INSTALLMENT; AND TO AMEND SECTION 37-5-108, AS AMENDED, RELATING TO REMEDIES AND PENALTIES IN CONNECTION WITH CONSUMER TRANSACTIONS, SO AS TO CLARIFY FACTORS FOR CONSIDERATION IN A DETERMINATION OF UNCONSCIONABLE CONDUCT.
Ordered for consideration tomorrow.
Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:
H. 3706 (Word version) -- Reps. Loftis, Knotts, Simrill, Whatley, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Bingham, Bowers, J. Brown, Campsen, Cato, Chellis, Coates, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Frye, Gilham, Hamilton, Harrell, Harrison, Haskins, Hinson, Huggins, Keegan, Kelley, Kirsh, Klauber, Koon, Law, Leach, Limehouse, Littlejohn, Lucas, Martin, McCraw, McGee, Meacham-Richardson, Merrill, Miller, J. M. Neal, Owens, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scarborough, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, White, Witherspoon, A. Young and J. Young: A BILL TO AMEND SECTIONS 1-23-110 AND 1-23-120, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE REQUIREMENTS, NOTICE CONTENTS, AND INFORMATION TO BE PROVIDED TO THE GENERAL ASSEMBLY IN CONNECTION WITH THE PROMULGATION AND REVIEW OF REGULATIONS, SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROVIDE THE SCIENTIFIC OR TECHNICAL BASIS AND STUDIES USED IN DEVELOPING THE REGULATIONS, INCLUDING A SUMMARY OF THESE STUDIES, COPIES OF WHICH ALSO MUST BE AVAILABLE TO THE PUBLIC.
Ordered for consideration tomorrow.
Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:
H. 3599 (Word version) -- Reps. Rodgers and Gilham: A BILL TO AMEND SECTION 50-5-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE SOUTH CAROLINA MARINE RESOURCES ACT OF 2000, SO AS TO FURTHER DEFINE AND PROVIDE FOR BAITING OF "PEELER TRAPS".
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report on:
H. 3600 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 59-18-900, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EDUCATION OVERSIGHT COMMITTEE'S ACADEMIC PERFORMANCE RATINGS AND PERFORMANCE INDICATORS UNDER THE EDUCATION ACCOUNTABILITY ACT, SO AS TO PROVIDE THAT THE COMMITTEE IN ALL RATINGS RATHER THAN JUST IN THE IMPROVEMENT RATING SHALL CONSIDER CERTAIN CRITERIA.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report on:
H. 3602 (Word version) -- Reps. Townsend and Harrell: A BILL TO AMEND SECTION 59-6-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EDUCATION OVERSIGHT COMMITTEE, SO AS TO ADD THE STATE SUPERINTENDENT OF EDUCATION OR THE SUPERINTENDENT'S DESIGNEE AS AN EX OFFICIO NONVOTING MEMBER.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report on:
H. 3603 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 59-18-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATEWIDE ASSESSMENT PROGRAM TO MEASURE STUDENT PERFORMANCE UNDER THE EDUCATION ACCOUNTABILITY ACT, SO AS TO DELETE THE REQUIREMENT THAT A STANDARDS BASED ASSESSMENT WILL BE DEVELOPED FOR GRADES ONE AND TWO FOR USE BY SCHOOLS AND DISTRICTS AS DEEMED APPROPRIATE BY THE DISTRICT OFFICIALS.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report on:
H. 3623 (Word version) -- Reps. Allison and Townsend: A BILL TO AMEND SECTION 59-63-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST PUBLIC SCHOOL STUDENTS POSSESSING PAGING DEVICES ON SCHOOL PROPERTY OR WHILE ATTENDING SCHOOL EVENTS, SO AS TO PROVIDE THAT PAGING DEVICES WHICH ARE CONFISCATED PURSUANT TO THIS PROVISION AND FORFEITED TO THE SCHOOL DISTRICT SHALL BE RETURNED TO THE OWNER IN THE MANNER AND UNDER THE TIME LINES GOVERNED BY SCHOOL DISTRICT POLICY.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report with amendments on:
H. 3364 (Word version) -- Reps. Taylor, Allison, Bales, Barfield, Barrett, Cobb-Hunter, Cooper, Cotty, Hinson, Kelley, Klauber, Law, Merrill, Owens, Riser, Scarborough, Walker, White, Wilder, Witherspoon and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-39-155 SO AS TO PROVIDE THAT IF ANY STATE LICENSING, APPOINTMENT, ELECTION, ADMISSION, EMPLOYMENT, OR OTHER PROCESS REQUIRES THE APPLICANT TO POSSESS A HIGH SCHOOL DIPLOMA OR ITS EQUIVALENT, NO SUCH DIPLOMA OR CERTIFICATE SHALL BE ACCEPTABLE FOR PURPOSES OF THAT PROCESS UNLESS THE STATE BOARD OF EDUCATION CERTIFIES THAT THE STANDARDS OF THE INSTITUTION GRANTING THE DIPLOMA OR CERTIFICATE OR THE STANDARDS OF ANY TESTING USED TO GRANT THE DIPLOMA OR CERTIFICATE ARE AT LEAST COMPARABLE TO THOSE OF THE STATE.
Ordered for consideration tomorrow.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:
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, Whipper and Altman: 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.
Ordered for consideration tomorrow.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:
H. 3287 (Word version) -- Reps. White, Barrett, J. Brown, Cato, Clyburn, Coates, Cobb-Hunter, Cooper, Harrell, Harrison, Hinson, Hosey, Kelley, Klauber, Martin, McCraw, Owens, Phillips, Rice, Robinson, Sharpe, Sinclair, Stille, Talley, Taylor, Thompson, Townsend, Trotter, Webb and Wilder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 25-11-80 SO AS TO AUTHORIZE THE DEPARTMENT OF VETERANS AFFAIRS TO ESTABLISH ONE OR MORE STATE VETERANS' CEMETERIES IN THE STATE AND TO PROVIDE FOR THE MANNER IN WHICH THE CEMETERIES MUST BE ACQUIRED, MAINTAINED, AND OPERATED.
Ordered for consideration tomorrow.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 3920 (Word version) -- Rep. Perry: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 90 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL ISSUE SERTOMA INTERNATIONAL SPECIAL LICENSE PLATES, AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FOR THIS SPECIAL LICENSE PLATE.
Referred to Committee on Education and Public Works
H. 3921 (Word version) -- Reps. Perry, Whatley, Knotts, Coates and D. C. Smith: A BILL TO AMEND SECTION 12-6-1140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE INCOME TAX DEDUCTION ALLOWED VOLUNTEER FIREFIGHTER AND RESCUE SQUAD MEMBERS, SO AS TO EXTEND THE DEDUCTION TO A VOLUNTEER MEMBER OF A HAZARDOUS MATERIALS (HAZMAT) RESPONSE TEAM AND TO DELETE OBSOLETE PROVISIONS, AND TO AMEND SECTION 23-9-190, RELATING TO THE ESTABLISHMENT OF A PERFORMANCE-BASED POINT SYSTEM TO DETERMINE ELIGIBILITY FOR THE STATE INCOME TAX DEDUCTION ALLOWED VOLUNTEER FIREFIGHTERS AND RESCUE SQUAD WORKERS, SO AS TO EXTEND THIS POINT SYSTEM TO VOLUNTEER HAZMAT TEAM MEMBERS.
Referred to Committee on Ways and Means
H. 3925 (Word version) -- Rep. Kelley: A BILL TO PROVIDE THAT THE PALMETTO ACHIEVEMENT CHALLENGE TEST (PACT) SHALL BE ADMINISTERED ANNUALLY IN THE HORRY COUNTY SCHOOL SYSTEM ON THE DAY FOLLOWING COMPLETION OF THE DISTRICT'S ONE HUNDRED SIXTIETH DAY OF STUDENT INSTRUCTION WITH THE MAKE-UP TEST TO BE TWO WEEKS LATER.
Referred to Horry Delegation
H. 3926 (Word version) -- Rep. Kelley: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING SECTION 59-18-345 SO AS TO PROVIDE THAT THE PALMETTO ACHIEVEMENT CHALLENGE TEST (PACT) SHALL BE ADMINISTERED ON A SCHOOL DISTRICT BY SCHOOL DISTRICT BASIS WITH THE DATE OF THE ANNUAL TEST ADMINISTERED IN ANY SCHOOL DISTRICT TO BE ON THE DAY FOLLOWING COMPLETION OF THE DISTRICT'S ONE HUNDRED SIXTIETH DAY OF STUDENT INSTRUCTION WITH THE MAKE-UP TEST TO BE TWO WEEKS LATER.
Referred to Committee on Education and Public Works
S. 459 (Word version) -- Senator Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-15-470 SO AS TO AUTHORIZE A COUNTY BOARD OF REGISTRATION TO USE OTHER MEANS OF VOTING ABSENTEE INSTEAD OF BY PAPER BALLOT IF CERTIFIED BY THE STATE ELECTION COMMISSION AND TO AUTHORIZE THE COMMISSION TO ESTABLISH STANDARDS AND GUIDELINES TO EFFECTUATE THE PROVISIONS OF THIS SECTION.
Referred to Committee on Judiciary
S. 495 (Word version) -- Senators Wilson, Verdin and McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-1265 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MUST DISPLAY IN ALL DIVISION OF MOTOR VEHICLE OFFICES WHERE MOTOR VEHICLE LICENSE PLATES OR STICKERS MAY BE OBTAINED OR RENEWED EXAMPLES OF ALL TYPES OF SPECIAL LICENSE PLATES WHICH INDIVIDUALS OF A PARTICULAR GROUP MAY OBTAIN, AND TO PROVIDE EXCEPTIONS.
Referred to Committee on Education and Public Works
S. 504 (Word version) -- Senator Reese: A BILL TO AMEND SECTION 56-3-1815, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL LICENSE PLATES TO RETIRED MEMBERS OF THE SOUTH CAROLINA NATIONAL GUARD AND MEMBERS OF THE SOUTH CAROLINA STATE GUARD, SO AS TO PROVIDE THAT AN APPLICATION FOR THE SPECIAL LICENSE PLATE MUST INCLUDE A COPY OF THE APPLICANT'S MILITARY IDENTIFICATION CARD OR OTHER EVIDENCE THAT SHOWS THE APPLICANT IS EITHER A RETIRED OR ACTIVE MEMBER OF THE SOUTH CAROLINA NATIONAL GUARD OR SOUTH CAROLINA STATE GUARD.
Referred to Committee on Education and Public Works
S. 537 (Word version) -- Banking and Insurance Committee: A BILL TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING SECTION 38-90-25 SO AS TO PROVIDE FOR A CAPTIVE REINSURANCE COMPANY TO BE LICENSED TO WRITE REINSURANCE CONTRACTS IN SOUTH CAROLINA; BY ADDING SECTION 38-90-45 SO AS TO PROVIDE FOR MINIMUM CAPITALIZATION OR RESERVES FOR LICENSING OF A CAPTIVE REINSURANCE COMPANY; BY ADDING SECTION 38-90-55 SO AS TO REQUIRE THE INCORPORATION OF A CAPTIVE REINSURANCE COMPANY AS A STOCK INSURER; BY ADDING SECTION 38-90-75 SO AS TO PROVIDE FOR A CAPTIVE REINSURANCE COMPANY TO DISCOUNT ITS LOSS AND LOSS ADJUSTMENT EXPENSE RESERVES; BY ADDING SECTION 38-90-145 SO AS TO PROVIDE FOR AN ANNUAL CAPTIVE REINSURANCE TAX OF FIVE THOUSAND DOLLARS; BY ADDING SECTION 38-90-185 SO AS TO PROVIDE FOR IN-STATE MANAGEMENT OF THE ASSETS OF A CAPTIVE REINSURANCE COMPANY; TO AMEND SECTION 38-90-10, RELATING TO DEFINITIONS FOR PURPOSES OF REGULATION OF CAPTIVE INSURANCE COMPANIES, SO AS TO PROVIDE DEFINITIONS FOR "CAPTIVE REINSURANCE COMPANY" AND CERTAIN ACCOUNTING TERMS; TO AMEND SECTION 38-90-70, RELATING TO FINANCIAL REPORTING TO THE DIRECTOR OF THE SOUTH CAROLINA DEPARTMENT OF INSURANCE, SO AS TO REQUIRE AN ANNUAL REPORT FROM A CAPTIVE REINSURANCE COMPANY; TO AMEND SECTION 38-90-220, RELATING TO SPONSORS OF CAPTIVE INSURANCE COMPANIES, SO AS TO REQUIRE STATE LICENSING OR AUTHORIZATION OR, IN THE ALTERNATIVE, A TRUST FUND SECURING LOSSES; TO AMEND SECTION 38-10-10, RELATING TO THE PURPOSES OF ESTABLISHING PROTECTED CELLS OF A DOMESTIC INSURER, SO AS TO INCLUDE A CAPTIVE INSURER; TO AMEND SECTION 38-10-20, RELATING TO DEFINITIONS FOR PURPOSES OF PROTECTED CELL INSURANCE COMPANIES, SO AS TO INCLUDE A CAPTIVE INSURER; AND TO AMEND SECTION 38-9-200, AS AMENDED, RELATING TO CREDIT ALLOWANCE FOR INSURANCE COMPANIES, SO AS TO PROHIBIT CREDIT FOR REINSURANCE BASED ON THE STATUS OF A CAPTIVE REINSURANCE COMPANY.
Referred to Committee on Labor, Commerce and Industry
S. 546 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, AUCTIONEERS' COMMISSION, RELATING TO EXAMINATION, LICENSES, APPRENTICESHIPS, ADVERTISING, PROFESSIONAL STANDARDS, DECLARATORY RULINGS, CHANGES OF ADDRESS, AND PROCEDURES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2574, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Labor, Commerce and Industry
S. 547 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS, RELATING TO GENERAL PROVISIONS, REQUIREMENTS FOR LICENSURE, AND CONTINUING PROFESSIONAL COMPETENCY, DESIGNATED AS REGULATION DOCUMENT NUMBER 2595, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Labor, Commerce and Industry
The following was introduced:
H. 3922 (Word version) -- Rep. Thompson: A CONCURRENT RESOLUTION HONORING THE MEMORY OF ARTHUR E. HOLMAN, JR., ONE OF ANDERSON COUNTY'S ABLEST AND MOST DISTINGUISHED LEADERS AND OFFERING THE SINCERE CONDOLENCES OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO HIS WONDERFUL FAMILY AND COUNTLESS FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3923 (Word version) -- Reps. Robinson, Rice, Trotter and Webb: A HOUSE RESOLUTION TO CONGRATULATE CLYDE E. CHAPMAN AND BETTY B. CHAPMAN OF EASLEY UPON CELEBRATING THEIR FIFTIETH WEDDING ANNIVERSARY AND TO EXTEND THEM MANY MORE YEARS OF LOVE AND HAPPINESS TOGETHER.
The Resolution was adopted.
The following was introduced:
H. 3924 (Word version) -- Reps. Battle and Hayes: A CONCURRENT RESOLUTION TO COMMEND JAROD GERALD OF MULLINS HIGH SCHOOL FOR AN OUTSTANDING BASKETBALL SEASON THAT ENDED WITH HIS BEING NAMED THE CLASS AA MR. BASKETBALL, THE AWARD GIVEN TO THE TOP SENIOR BASKETBALL PLAYER IN EACH SOUTH CAROLINA HIGH SCHOOL CLASSIFICATION.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 573 (Word version) -- Senators Wilson and Ryberg: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE WORK OF THE STAFF OF THE OFFICE OF LOCAL GOVERNMENT OF THE STATE BUDGET AND CONTROL BOARD FOR THEIR OUTSTANDING WORK IN ADMINISTRATION OF THE SOUTH CAROLINA WATER QUALITY REVOLVING FUND AUTHORITY ACT, AND TO CONGRATULATE ITS DIRECTOR, MIKE GULLEDGE, AND HIS ABLE STAFF FOR THE RECOGNITION THEIR HARD WORK AND GOOD MANAGEMENT HAS BROUGHT ON BEING CITED BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AS A "BEST PRACTICES" MODEL FOR OTHER STATES' ADMINISTRATION OF SIMILAR PROGRAMS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
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 Delleney Easterday Edge Emory Freeman Frye Gourdine Hamilton Harrell Harrison Harvin 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 Mack McCraw McGee McLeod Meacham-Richardson Merrill Miller Moody-Lawrence Neal, J.M. Ott Owens Parks Perry Phillips Rhoad Rice Riser Rivers Robinson Rodgers Rutherford Sandifer Scarborough Sharpe Sheheen Simrill Sinclair Smith, D.C. Smith, F.N. Smith, G.M. 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.
I came in after the roll call and was present for the Session on Wednesday, April 11.
Ron Fleming John Scott, Jr. Bill Cotty Becky Martin Ralph Davenport James Smith, Jr. Joseph Neal Jay Lucas Harry Askins Jerry Govan
DOCTOR OF THE DAY
Announcement was made that Dr. Leo Walker of Columbia is the Doctor of the Day for the General Assembly.
Rep. TAYLOR presented to the House the Laurens High School "Raiders" Girl's Basketball team, winners of the 2000-2001 Class AAAA State Championship.
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. 3657 (Word version)
Date: ADD:
04/11/01 WHITE
Bill Number: H. 3872 (Word version)
Date: ADD:
04/11/01 BINGHAM
Bill Number: H. 3513 (Word version)
Date: ADD:
04/11/01 WHITE
Bill Number: H. 3438 (Word version)
Date: ADD:
04/11/01 WHITE
Bill Number: H. 3438 (Word version)
Date: ADD:
04/11/01 RICE
Bill Number: H. 3438 (Word version)
Date: ADD:
04/11/01 LOFTIS
Bill Number: H. 3933 (Word version)
Date: ADD:
04/11/01 COTTY
Bill Number: H. 3693 (Word version)
Date: ADD:
04/11/01 WHITE
Bill Number: H. 3513 (Word version)
Date: ADD:
04/11/01 WHITE
Bill Number: H. 3892 (Word version)
Date: ADD:
04/11/01 WHITE
Bill Number: H. 3643 (Word version)
Date: REMOVE:
04/11/01 HINSON
Rep. MCGEE moved that when the House adjourns it adjourn to meet at 10:00 a.m. tomorrow in Local Session, and in Statewide Session on Tuesday, April 17 at 12:00 noon, which was agreed to.
The following Bill was taken up:
H. 3879 (Word version) -- Reps. Klauber, Carnell and Parks: A BILL TO AMEND ACT 546 OF 1982, RELATING TO THE ELECTION AND TERMS OF OFFICE OF MEMBERS OF THE BOARDS OF TRUSTEES OF GREENWOOD SCHOOL DISTRICTS 50, 51, AND 52, SO AS TO DELETE FROM THE PROVISIONS THE ELECTION OF THE BOARD OF TRUSTEES OF GREENWOOD SCHOOL DISTRICT 50, DELETE ARCHAIC REFERENCES TO THE COUNTY BOARD OF EDUCATION, MAKE OTHER CHANGES IN THE MANNER OF ELECTION OF THE TRUSTEES OF THESE DISTRICTS TO MAKE CERTAIN CHANGES CONSISTENT WITH THE OTHER TRUSTEES ELECTED IN GREENWOOD COUNTY, TO AMEND ACT 595 OF 1994, RELATING TO THE MANNER IN WHICH MEMBERS OF THE BOARD OF TRUSTEES OF GREENWOOD SCHOOL DISTRICT 50 ARE ELECTED, SO AS TO DELETE ARCHAIC REFERENCES, AND MAKE OTHER CHANGES SO THAT THE ELECTION OF TRUSTEES OF SCHOOL DISTRICT 50 ARE CONSISTENT WITH THE ELECTION OF OTHER TRUSTEES IN THE COUNTY.
Rep. CARNELL proposed the following Amendment No. 1 (Doc Name COUNCIL\PT\AMEND\1396DW01), which was adopted:
Amend the bill, as and if amended, Section 1 of Act 546 of 1982 as contained in SECTION 1, page 1, by striking lines 36 through 42 and inserting:
/ "Section 1. Notwithstanding any other provision of law, the following provisions shall be are applicable to the election of members of the boards of trustees of Greenwood School District No. 50 (District 50), School District No. 51 composed of areas of Abbeville, Greenwood and Laurens Counties (District 51), and Ninety Six School District No. 52 in Greenwood County (District 52), except for item (6) of this section which applies only to Ninety Six School District No. 52:/
Amend further, page 3, lines 30 through 42, by striking item (6), and inserting:
/ (6) In such the elections for trustees of Ninety Six School District No. 52 the number of candidates equal to the number of positions to be filled who receive the highest number of votes shall be deemed elected results of the elections must be determined by the nonpartisan plurality method as contained in Section 5-15-61 of the 1976 Code. In the event that the number of candidates offering for the position of trustee in any district is less than or equal to the number of positions to be filled, then the board of education shall declare those who have filed as elected to the positions, and shall appoint such additional persons, if any, as are necessary to complete the board, and in such instances, no election shall beheld in these districts. If no candidate files for the office of trustee the provision of Section 7-13-1120 of the 1976 Code relating to write-in ballots applies. /
Amend further, page 3, after line 42, by inserting a new item to read:
/ (6.1) In the elections for trustees of Ware Shoals School District No. 51, the results of the elections must be determined by the nonpartisan plurality method as contained in Section 5-15-61 of the 1976 Code. If the number of candidates offering for the position of trustee is less than or equal to the number of positions to be filled, the county election commission shall declare those who filed as elected to the position. If no candidate files for the office of trustee or if the number who file is less than the number to complete the board, the provision of Section 7-13-1120 of the 1976 Code relating to write-in ballots applies. /
Renumber sections to conform.
Amend title to conform.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. CARNELL, with unanimous consent, it was ordered that H. 3879 be read the third time tomorrow.
The following Bills and Joint Resolution were taken up, read the third time, and ordered sent to the Senate:
H. 3821 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO ESTABLISH A THREE-YEAR PILOT PROGRAM OF ALLIGATOR FARMING FOR THE PURPOSE OF DETERMINING THE FEASIBILITY OF ALLIGATOR FARMING FOR POULTRY MORTALITY DISPOSAL AND PROVIDE THAT UNTIL JULY 1, 2004, ANY PERSON EIGHTEEN OR OLDER MAY ESTABLISH AN ALLIGATOR FARM FOR THE PURPOSE OF POULTRY MORTALITY DISPOSAL BY COMPLYING WITH CERTAIN TERMS, CONDITIONS, AND PROVISIONS RELATING TO PARTICIPATION IN THE PILOT PROGRAM OF ALLIGATOR FARMING FOR POULTRY MORTALITY DISPOSAL.
H. 3665 (Word version) -- Rep. Cato: A BILL TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING SECTION 38-90-25 SO AS TO PROVIDE FOR A CAPTIVE REINSURANCE COMPANY TO BE LICENSED TO WRITE REINSURANCE CONTRACTS IN SOUTH CAROLINA; BY ADDING SECTION 38-90-45 SO AS TO PROVIDE FOR MINIMUM CAPITALIZATION OR RESERVES FOR LICENSING OF A CAPTIVE REINSURANCE COMPANY; BY ADDING SECTION 38-90-55 SO AS TO REQUIRE THE INCORPORATION OF A CAPTIVE REINSURANCE COMPANY AS A STOCK INSURER; BY ADDING SECTION 38-90-75 SO AS TO PROVIDE FOR A CAPTIVE REINSURANCE COMPANY TO DISCOUNT ITS LOSS AND LOSS ADJUSTMENT EXPENSE RESERVES; BY ADDING SECTION 38-90-145 SO AS TO PROVIDE FOR AN ANNUAL CAPTIVE REINSURANCE TAX OF FIVE THOUSAND DOLLARS; BY ADDING SECTION 38-90-185 SO AS TO PROVIDE FOR IN-STATE MANAGEMENT OF THE ASSETS OF A CAPTIVE REINSURANCE COMPANY; TO AMEND SECTION 38-90-10, RELATING TO DEFINITIONS FOR PURPOSES OF REGULATION OF CAPTIVE INSURANCE COMPANIES, SO AS TO PROVIDE DEFINITIONS FOR "CAPTIVE REINSURANCE COMPANY" AND CERTAIN ACCOUNTING TERMS; TO AMEND SECTION 38-90-70, RELATING TO FINANCIAL REPORTING TO THE DIRECTOR OF THE SOUTH CAROLINA DEPARTMENT OF INSURANCE, SO AS TO REQUIRE AN ANNUAL REPORT FROM A CAPTIVE REINSURANCE COMPANY; TO AMEND SECTION 38-90-220, RELATING TO SPONSORS OF CAPTIVE INSURANCE COMPANIES, SO AS TO REQUIRE STATE LICENSING OR AUTHORIZATION OR, IN THE ALTERNATIVE, A TRUST FUND SECURING LOSSES; TO AMEND SECTION 38-10-10, RELATING TO THE PURPOSES OF ESTABLISHING PROTECTED CELLS OF A DOMESTIC INSURER, SO AS TO INCLUDE A CAPTIVE INSURER; TO AMEND SECTION 38-10-20, RELATING TO DEFINITIONS FOR PURPOSES OF PROTECTED CELL INSURANCE COMPANIES, SO AS TO INCLUDE A CAPTIVE INSURER; TO AMEND SECTION 10-7-10, AS AMENDED, SECTION 10-7-30, AND SECTION 10-7-40, ALL RELATING TO INSURANCE ON PUBLIC BUILDINGS AND CONTENTS OWNED BY THE STATE, THE SEVERAL COUNTIES, AND SCHOOL DISTRICTS, SO AS TO PROVIDE FOR INSURANCE BY DOMESTIC CAPTIVE COMPANIES LICENSED BY THE DEPARTMENT; TO AMEND SECTION 42-7-75, AS AMENDED, RELATING TO PAYMENT OF WORKERS' COMPENSATION PREMIUMS BY STATE AGENCIES, SO AS TO PROVIDE FOR DETERMINATION OF THE PREMIUM AMOUNTS BY A DOMESTIC CAPTIVE COMPANY LICENSED BY THE DEPARTMENT.
H. 3528 (Word version) -- Reps. Harrison, Wilkins and Fleming: A BILL TO AMEND SECTION 44-48-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MULTIDISCIPLINARY TEAM REVIEWING RECORDS TO DETERMINE IF A PERSON IS A SEXUALLY VIOLENT PREDATOR, SO AS TO CHANGE THE MEMBERSHIP OF THE TEAM.
H. 3539 (Word version) -- Reps. J. E. Smith and Lourie: A BILL TO AMEND CHAPTER 16, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPUTER CRIME, SO AS TO ENACT THE "COMPUTER ABUSE ACT OF 2001", BY ADDING SECTION 16-16-25 SO AS TO PROVIDE A CIVIL REMEDY OF COMPENSATORY DAMAGES AND RESTITUTION FOR THE OWNER OR LESSEE OF A COMPUTER, COMPUTER SYSTEM, COMPUTER PROGRAM, OR COMPUTER NETWORK INJURED BY A PERSON CONVICTED UNDER THIS CHAPTER; TO AMEND SECTION 16-16-10, RELATING TO DEFINITIONS, SO AS TO ADD A DEFINITION FOR "COMPUTER CONTAMINANT" AND TO REVISE OTHER DEFINITIONS; TO AMEND SECTION 16-16-20, AS AMENDED, RELATING TO COMPUTER CRIME OFFENSES, SO AS TO ADD THE OFFENSE OF INTRODUCING COMPUTER CONTAMINANT INTO A COMPUTER, COMPUTER SYSTEM, COMPUTER PROGRAM, OR COMPUTER NETWORK; TO AMEND SECTION 16-16-30, RELATING TO VENUE FOR ACTIONS BROUGHT UNDER THE COMPUTER CRIMES CHAPTER, SO AS TO MAKE TECHNICAL CORRECTIONS.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill, Rep. MCGEE having the floor:
H. 3480 (Word version) -- Reps. J. E. Smith and Miller: A BILL TO AMEND SECTION 56-5-2360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DRIVER OF A VEHICLE YIELDING THE RIGHT-OF-WAY TO AN EMERGENCY OR POLICE VEHICLE WHEN AN EMERGENCY OR POLICE VEHICLE MAKES USE OF CERTAIN SIGNALS, SO AS TO PROVIDE THAT WHEN A POLICE VEHICLE MAKES USE OF A VISUAL AS WELL AS AUDIBLE SIGNAL, THE DRIVER OF EVERY OTHER VEHICLE MUST YIELD THE RIGHT-OF-WAY TO THE POLICE VEHICLE.
Rep. MCGEE continued speaking.
Rep. RUTHERFORD spoke in favor of the Bill.
Rep. LOFTIS spoke against the Bill.
Reps. KNOTTS, RUTHERFORD, KENNEDY, STUART, BINGHAM, FRYE, LLOYD, SIMRILL, TROTTER, LOFTIS and LEACH requested debate on the Bill.
The following Bill was taken up, read the second time, and ordered to a third reading:
S. 205 (Word version) -- Senator Matthews: A BILL TO AMEND SECTION 1-31-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEETINGS OF THE MINORITY AFFAIRS COMMISSION, SO AS TO PROVIDE THAT THE COMMISSION MUST MEET QUARTERLY AND AS THE CHAIRMAN FINDS NECESSARY INSTEAD OF MEETING AT LEAST MONTHLY.
Rep. MCGEE explained the Bill.
The following Bill was taken up:
H. 3404 (Word version) -- Rep. Fleming: A BILL TO AMEND SECTION 7-25-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FALSE SWEARING IN APPLYING FOR REGISTRATION, SO AS TO CHANGE THE PENALTY FOR A VIOLATION OF THE SECTION FROM A MISDEMEANOR TO A FELONY, AND TO INCREASE THE MAXIMUM SENTENCE FOR VIOLATIONS; TO AMEND SECTION 7-25-20, AS AMENDED, RELATING TO FRAUDULENT REGISTRATION OR VOTING, SO AS TO CHANGE THE PENALTY FOR A VIOLATION OF THE SECTION FROM A MISDEMEANOR TO A FELONY, AND TO INCREASE THE MAXIMUM SENTENCE FOR VIOLATIONS; TO AMEND SECTION 7-25-50, AS AMENDED, RELATING TO BRIBERY AT ELECTIONS, SO AS TO ADD THE OFFENSE OF BRIBING A PERSON TO REGISTER TO VOTE; TO AMEND SECTION 7-25-60, AS AMENDED, RELATING TO PROCURING OR OFFERING TO PROCURE VOTES BY BRIBERY, SO AS TO ADD REGISTERING TO VOTE TO THE SECTION; AND TO AMEND SECTION 7-25-70, AS AMENDED, RELATING TO PROCURING OR OFFERING TO PROCURE VOTES BY THREATS, SO AS TO PROHIBIT A PERSON FROM USING THREATS OR ANOTHER FORM OF INTIMIDATION TO ENDEAVOR ANOTHER TO REGISTER TO VOTE, AND TO CHANGE THE PENALTY FOR VIOLATION OF THE SECTION FROM A MISDEMEANOR TO A FELONY.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\PT\AMEND\1283DW01), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. Section 7-25-10 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:
"Section 7-25-10. It is unlawful for a person to falsely swear knowingly make false statements in making an application for registration under this chapter. A person who violates the provisions of this section is guilty of a misdemeanor felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three five years, or both." /
Amend title to conform.
Rep. FLEMING explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. FLEMING, with unanimous consent, it was ordered that H. 3404 be read the third time tomorrow.
The following Bill was taken up:
H. 3504 (Word version) -- Reps. Sheheen, Altman and Rivers: A BILL TO AMEND SECTION 8-13-1354, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INDENTIFICATION OF A PERSON INDEPENDENTLY PAYING FOR AN ELECTION-RELATED COMMUNICATION AND EXCEPTIONS, SO AS TO REQUIRE THE NAME AND ADDRESS OF THE CANDIDATE, COMMITTEE, OR PERSON MAKING THE EXPENDITURE TO BE PRINTED IN FOURTEEN POINT TYPE.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\PT\AMEND\1330DW01), which was adopted:
Amend the bill, as and if amended, page 1, SECTION 1, Section 8-13-1354, line 30, by inserting after /matter/ / in all capital letters and/
When amended Section 8-13-1354 shall 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, a candidate, or a ballot measure must place his name and address on the printed matter in all capital letters and in fourteen point type 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."
Amend title to conform.
Rep. FLEMING explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. FLEMING, with unanimous consent, it was ordered that H. 3504 be read the third time tomorrow.
The following Bill was taken up:
H. 3682 (Word version) -- Reps. Kelley, Barfield, Cooper, Edge, Keegan and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-5-15 SO AS TO PROVIDE THAT FAILURE BY A MEMBER OF A COUNTY REGISTRATION BOARD, A COMBINED ELECTION AND REGISTRATION COMMISSION, OR A COUNTY ELECTION COMMISSION TO COMPLETE OR MAKE SATISFACTORY PROGRESS TOWARD COMPLETING THE MANDATORY TRAINING AND CERTIFICATION REQUIREMENTS APPLICABLE TO THESE OFFICIALS CONSTITUTES NEGLECT OF DUTY FOR WHICH THE MEMBER MUST BE REMOVED FROM OFFICE BY THE GOVERNOR, AND TO REQUIRE THE STATE ELECTION COMMISSION TO REPORT TO THE GOVERNOR AND THE LEGISLATIVE DELEGATION OR OTHER RECOMMENDING AUTHORITY THE PROGRESS OF EACH OF THESE OFFICIALS TOWARD COMPLETION OF THESE TRAINING AND CERTIFICATION REQUIREMENTS.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\AMEND\10127HTC01), which was adopted:
Amend the bill, as and if amended, in Section 7-5-15(A), as contained in SECTION 1, page 1, by inserting before /constitutes/ on line 40, /and as determined by the State Election Commission,/ so that when amended, Section 7-5-15(A) read:
/ "Section 7-5-15 (A) Failure by a member of a county registration board, a combined county election and registration commission, or a county election commission to complete or make satisfactory progress toward completion of the certification and training requirements of Section 7-5-10, 7-5-35, or 7-13-70, as applicable, and as determined by the State Election Commission, constitutes neglect of duty for which the member must be removed from office by the Governor." /
Renumber sections to conform.
Amend totals and title to conform.
Rep. FLEMING explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. FLEMING, with unanimous consent, it was ordered that H. 3682 be read the third time tomorrow.
The following Bill was taken up:
H. 3697 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 17-3-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION ON INDIGENT DEFENSE, ITS MEMBERSHIP AND TERMS, SO AS TO RECONSTITUTE THE COMMISSION MEMBERSHIP ON JULY 1, 2001, WITH THREE MEMBERS APPOINTED BY THE GOVERNOR ON THE RECOMMENDATION OF THE PUBLIC DEFENDER ASSOCIATION AND FOUR MEMBERS APPOINTED BY THE CHAIRMEN OF THE HOUSE AND SENATE JUDICIARY COMMITTEES, TO PROVIDE FOR STAGGERED TERMS, AND TO CAUSE THE TERMS OF THE PRESENT MEMBERS OF THE COMMISSION TO EXPIRE ON JULY 1, 2001.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SKB\AMEND\18325SOM01), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting:
/ SECTION 1. Section 17-3-310(A) of the 1976 Code, as added by Act 164 of 1993, is amended to read:
"(A) There is created the Commission on Indigent Defense consisting of seven members. appointed by the Governor on the recommendation of the South Carolina Public Defender Association as follows:
(1) one from each congressional district; and
(2) one from the State at large who shall serve as chairman.
(1) The Governor must appoint five members recommended by the South Carolina Public Defender Association. Of these five members, three must be public defenders and two must be private attorneys who primarily practice criminal defense law.
(2) The chairman of the House Judiciary Committee must appoint one attorney in private practice from the general membership of attorneys licensed to practice law in the State.
(3) The chairman of the Senate Judiciary Committee must appoint one attorney in private practice from the general membership of attorneys licensed to practice law in the State.
(4) The membership of the commission shall elect a chairman by majority vote. The chairman shall serve a term of two years.
(5) Members shall serve for terms of four years and until their successors are appointed and qualify except that of those first appointed, to represent the first, third, and fifth congressional districts shall serve for a two-year term the appointees recommended by the Public Defender Association must be appointed for initial two-year terms. The other two appointees shall serve initial four-year terms. Vacancies must be filled in the manner of original appointment for the unexpired portion of the term. No person may be appointed to the commission or, once appointed, may continue to serve on the commission unless the person is a public defender." /
Renumber sections to conform.
Amend title to conform.
Rep. CAMPSEN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. CAMPSEN, with unanimous consent, it was ordered that H. 3697 be read the third time tomorrow.
The following Bill was taken up:
H. 3442 (Word version) -- Reps. Robinson, Wilkins, W. D. Smith, Quinn, Koon, Knotts, Allison, Altman, Barfield, Barrett, Bingham, Campsen, Cato, Chellis, Coates, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Fleming, Frye, Gilham, Gourdine, Hamilton, Harrell, Harrison, Haskins, Hinson, Huggins, Jennings, Keegan, Kelley, Kirsh, Klauber, Law, Leach, Limehouse, Littlejohn, Loftis, Lucas, Martin, McGee, Meacham-Richardson, Merrill, Owens, Perry, Rhoad, Rice, Riser, Rodgers, Sandifer, Scarborough, Sharpe, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. R. Smith, Stille, Talley, Taylor, Thompson, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, White, Witherspoon, A. Young and J. Young: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO REDUCE AT THE RATE OF ONE PERCENT A YEAR THE FOUR PERCENT STATE SALES TAX ON FOOD ITEMS WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, TO EXEMPT COMPLETELY FROM THE STATE PORTION OF THE TAX ALL SUCH FOOD AND MEALS EFFECTIVE JANUARY 1, 2005, TO PROVIDE FOR THE USE OF THE REVENUE FROM THE REDUCED RATES OF TAX DURING THE PHASE-IN PERIOD, AND TO AMEND AN ACT OF 2000 BEARING RATIFICATION NUMBER 453, RELATING TO SUPPLEMENTAL APPROPRIATIONS, SO AS TO DELETE A SALES TAX EXEMPTION FOR FOOD ITEMS MADE OBSOLETE BY THE PROVISIONS OF THIS ACT.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\AMEND\ 10161HTC01), which was adopted:
Amend the bill, as and if amended, by striking the unnumbered item added in Section 12-36-2120 as contained in SECTION 1, page 1, and inserting:
/ ( ) effective January 1, 2005, food items eligible for purchase with United States Department of Agriculture food coupons. The exemption allowed by this item does not extend to a local sales and use tax imposed pursuant to a referendum held before July 1, 2001, except where a local sales and use tax specifically exempts these items. The exemption allowed by this item applies to a local sales and use tax imposed pursuant to a referendum held after June 30, 2001. An amount of general fund revenue not derived from the state sales and use tax equal to the amount of state sales and use tax revenue not collected because of the exemption allowed by this item is deemed state sales and use tax revenue and must be used as provided in Section 59-21-1010(A) and (B), including the appropriate amount required to be credited to the Education Act Improvement Fund; /
Amend further, as and if amended, beginning on page 2, by striking SECTION 3 and inserting:
/ SECTION 3. Notwithstanding the rates of tax imposed pursuant to Chapter 36, Title 12 of the 1976 Code, the rate of tax imposed pursuant to that chapter on the gross proceeds of sales, or the sale price of food items eligible for purchase with United States Department of Agriculture food coupons, is four percent for sales from July 1, 2001, through December 31, 2001, three percent for such sales from January 1, 2002, through December 31, 2002, two percent for such sales from January 1, 2003, through December 31, 2003, and one percent for such sales from January 1, 2004 through December 31, 2004. An amount of general fund revenue not derived from the state sales and use tax equal to the state sales and use tax not collected because of the reduced state sales tax rate allowed by this section is deemed state sales and use tax revenue and must be used as provided in Section 59-21-1010(A) and (B) of the 1976 Code, including whatever amount is necessary to be credited to the Education Act Improvement Fund so that the total in that fund is not reduced by the reduced rates allowed by this section. Except where otherwise exempt, the local sales and use taxes authorized by law continue to apply to those sales subject to the reduced state rate of tax provided in this section, but such a tax imposed pursuant to a referendum held after June 30, 2001, does not apply to those sales subject to the reduced state rate of tax provided in this section. /
Amend title to conform.
Rep. VAUGHN explained the amendment.
The amendment was then adopted.
Rep. JENNINGS proposed the following Amendment No. 2 (Doc Name COUNCIL\BBM\AMEND\10182HTC01), which was ruled out of order:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ____. Section 12-36-2120(57) of the 1976 Code, as added by Section 4, Part II of Act 387 of 2000, is amended to read:
"(57)(a) sales taking place during a period beginning 12:01 a.m. on the first Friday in August and ending at twelve midnight the following Sunday and sales taking place during a period beginning 12:01 a.m. on the Friday two weeks before the Friday commonly observed in this State as Good Friday and ending at twelve midnight the following Sunday of:
(i) clothing;
(ii) clothing accessories including, but not limited to, hats, scarves, hosiery, and handbags;
(iii) footwear;
(iv) school supplies including, but not limited to, pens, pencils, paper, binders, notebooks, books, bookbags, lunchboxes, and calculators;
(v) computers, printers and printer supplies, and computer software.
(b) The exemption allowed by this item does not apply to:
(i) sales of jewelry, cosmetics, eyewear, wallets, watches;
(ii) sales of furniture;
(iii) a sale of an item placed on layaway or similar deferred payment and delivery plan however described;
(iv) rental of clothing or footwear;
(v) a sale or lease of an item for use in a trade or business.
(c) At least five weeks before the date commonly observed in this State as Easter and before July tenth of each year as applicable, the department shall publish and make available to the public and retailers a list of those articles qualifying for the exemption allowed by this item." /
Renumber sections to conform.
Amend title to conform.
Rep. JENNINGS explained the amendment.
Rep. ROBINSON raised the Point of Order that Amendment No. 2 was out of order in that it was not germane to the Bill under Rule 9.3.
Rep. JENNINGS argued contra.
SPEAKER WILKINS stated that the subject of the Bill dealt singularly with the elimination of sales tax on food items. The amendment dealt with a different subject based on the rule's precedents. The SPEAKER therefore sustained the Point of Order and ruled the amendment out of order.
Rep. MCLEOD spoke against the Bill.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of the Bill, Rep. MCLEOD having the floor.
Rep. FLEMING moved that the House recur to the Morning Hour, which was agreed to.
The following was introduced:
H. 3927 (Word version) -- Rep. Bingham: A HOUSE RESOLUTION TO CONGRATULATE FOUR DISTINGUISHED CHARTER MEMBERS, JACK CALLISON, MACK EUBANKS, WILSON HOWARD, AND FRANK SMITH OF THE CAYCE-WEST COLUMBIA LIONS CLUB UPON RECEIVING SPECIAL RECOGNITION FROM THE CLUB FOR THEIR FAITHFUL SERVICE AS CHARTER MEMBERS FOR ALMOST HALF A CENTURY AND TO RECOGNIZE AND COMMEND THE CAYCE-WEST COLUMBIA LIONS CLUB FOR ITS OUTSTANDING CONTRIBUTIONS TO ITS COMMUNITY AND STATE AS IT NEARS THE CELEBRATION OF ITS FIFTIETH ANNIVERSARY IN AUGUST 2002.
The Resolution was adopted.
The following was introduced:
H. 3928 (Word version) -- Rep. Sandifer: A HOUSE RESOLUTION TO COMMEND MRS. ADELAIDE V. CARPENTER OF RAVENEL ELEMENTARY SCHOOL FOR HER COMMITMENT TO SPREADING THE IMPORTANCE OF PHYSICAL EDUCATION AND TO CONGRATULATE HER ON BEING THE RECIPIENT OF THE 2001 NATIONAL JUMP ROPE FOR HEART OUTSTANDING COORDINATOR AWARD.
The Resolution was adopted.
The following was introduced:
H. 3929 (Word version) -- Reps. J. R. Smith, Clyburn, Perry, Sharpe and D. C. Smith: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO NAME THAT PORTION OF HIGHWAY 421 IN AIKEN COUNTY BETWEEN LEE DRIVE AND DIXIE CLAY ROAD AS THE KOREAN WAR VETERANS MEMORIAL HIGHWAY IN ORDER TO HONOR SOUTH CAROLINA'S KOREAN WAR VETERANS.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 3930 (Word version) -- Reps. Carnell, Rhoad, Robinson, Limehouse, Stuart, Martin, Weeks, Whatley, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, 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, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rice, Riser, Rivers, 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, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO COMMEND THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION (SCDOT), THE TRANSPORTATION COMMISSION, AND EXECUTIVE DIRECTOR, ELIZABETH S. MABRY, FOR TAKING ACTION TO MEET THE TRANSPORTATION NEEDS OF THE STATE, AND FOR BEING NATIONALLY RECOGNIZED FOR EFFICIENCY AND PRODUCTIVITY DESPITE BEING THE LOWEST FUNDED HIGHWAY DEPARTMENT IN THE NATION.
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. 3931 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 56-5-4030, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM ALLOWABLE WIDTH OF A VEHICLE, SO AS TO PROVIDE THAT APPURTENANCES ON CERTAIN VEHICLES MAY EXCEED THE MAXIMUM WIDTH REQUIREMENT AS LONG AS THEY REMAIN INSIDE THE EXTERIOR REAR VIEW MIRRORS OF THE VEHICLE, OR ITS TOW VEHICLE; AND TO AMEND SECTION 56-5-4070, RELATING TO LIMITATIONS PLACED ON THE LENGTH OF COMBINATION VEHICLES, SO AS TO INCREASE THE MAXIMUM LENGTH OF CERTAIN VEHICLES THAT TRAVEL ALONG THE STATE'S HIGHWAYS FROM FORTY FEET TO FORTY-FIVE FEET.
Referred to Committee on Education and Public Works
H. 3932 (Word version) -- Reps. Law, Hinson, Merrill and Dantzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-3-240 SO AS TO EXEMPT FROM THE PUBLIC SERVICE COMMISSION'S REGULATIONS THOSE UTILITY SERVICES, EXCEPT THE PROVISION OF ELECTRICAL SERVICE, PROVIDED TO AN INDUSTRIAL USER WHEN THE USER AND PROVIDER HAVE AGREED TO A WRITTEN CONTRACT FOR THE SERVICES, THE USER IS LOCATED IN AN INDUSTRIAL PARK, AND WHERE JURISDICTIONAL UTILITIES HAVE AGREED IN WRITING TO WAIVE THEIR RIGHT TO NOTICE AND OPPORTUNITY FOR A HEARING ON THE CONTRACT, AND REQUIRE THE PROVIDER OF UTILITY SERVICES TO FILE THE WRITTEN AGREEMENT WITH THE COMMISSION.
Referred to Committee on Labor, Commerce and Industry
H. 3933 (Word version) -- Reps. Townsend, Knotts, Whatley, Delleney, Fleming, J. Hines, Martin, Meacham-Richardson, Ott, Rice, Riser, Stille, Stuart, Wilkins, A. Young and Cotty: A BILL TO AMEND SECTION 56-1-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A BEGINNER'S PERMIT, SO AS TO REVISE THE PERIOD A PERSON WHO HOLDS A BEGINNER'S PERMIT MAY OPERATE A VEHICLE DURING A DAY AND BEFORE HE IS ELIGIBLE FOR FULL LICENSURE, TO REVISE WHO MUST ACCOMPANY THE PERMITTEE WHILE HE IS DRIVING, TO MAKE CERTAIN TECHNICAL CHANGES, AND TO DELETE THE PROVISION THAT DEFINES "DAYLIGHT HOURS"; TO AMEND SECTION 56-1-175, RELATING TO THE ISSUANCE OF A PROVISIONAL DRIVER'S LICENSE, SO AS TO REVISE THE PERIOD A PERSON MUST HOLD A BEGINNER'S PERMIT BEFORE HE MAY BE ISSUED A PROVISIONAL DRIVER'S LICENSE, TO PROVIDE THAT A PERSON MUST COMPLETE AT LEAST FORTY HOURS OF DRIVING PRACTICE BEFORE HE MAY BE ISSUED A PROVISIONAL DRIVER'S LICENSE, AND TO RESTRICT THE NUMBER OF PERSONS UNDER TWENTY-ONE A PROVISIONAL DRIVER'S LICENSE HOLDER MAY TRANSPORT; TO AMEND SECTION 56-1-176, RELATING TO THE CONDITIONS A PERSON MUST MEET BEFORE HE IS ISSUED A PROVISIONAL DRIVER'S LICENSE, SO AS TO PROVIDE THAT THESE CONDITIONS ALSO MUST BE MET BEFORE A PERSON IS ISSUED A SPECIAL RESTRICTED DRIVER'S LICENSE; AND TO AMEND SECTION 56-1-180, AS AMENDED, RELATING TO THE ISSUANCE OF A SPECIAL RESTRICTED DRIVER'S LICENSE, SO AS TO REVISE THE PERIOD A PERSON MUST HOLD A BEGINNER'S PERMIT BEFORE HE MAY OBTAIN A SPECIAL RESTRICTED DRIVER'S LICENSE, TO PROVIDE THAT A PERSON MUST PASS A DRIVER'S EDUCATION COURSE, COMPLETE AT LEAST THIRTY HOURS OF DRIVING PRACTICE, AND SATISFY CERTAIN SCHOOL ATTENDANCE REQUIREMENTS BEFORE HE MAY OBTAIN A SPECIAL RESTRICTED DRIVER'S LICENSE, TO RESTRICT THE NUMBER OF PERSONS LESS THAN TWENTY-ONE WHO MAY BE TRANSPORTED BY A SPECIAL RESTRICTED DRIVER'S LICENSE HOLDER, TO DEFINE "DRIVER'S TRAINING COURSE", TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MUST ACCEPT A CERTIFICATE OF COMPLETION FROM A STUDENT WHO HAS PASSED A QUALIFIED DRIVER'S TRAINING COURSE WHILE ATTENDING AN OUT-OF-STATE HIGH SCHOOL, AND TO PROVIDE THAT THE DEPARTMENT MUST ESTABLISH PROCEDURES FOR APPROVING QUALIFIED DRIVER'S TRAINING COURSES FOR OUT-OF-STATE STUDENTS.
Referred to Committee on Education and Public Works
S. 343 (Word version) -- Senator Hayes: A BILL TO AMEND CHAPTER 47, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHYSICIANS, SURGEONS, AND OSTEOPATHS BY ADDING ARTICLE 9 SO AS TO PROVIDE FOR THE LICENSURE AND REGULATION OF ANESTHESIOLOGIST'S ASSISTANTS, TO ESTABLISH AN ANESTHESIOLOGIST'S ASSISTANT ADVISORY COMMITTEE TO THE BOARD OF MEDICAL EXAMINERS, TO PROVIDE FOR THE POWERS AND DUTIES OF BOTH WITH REGARD TO ANESTHESIOLOGIST'S ASSISTANTS, TO DEFINE THE ROLE AND RESPONSIBILITIES OF A SUPERVISORY PHYSICIAN FOR AN ANESTHESIOLOGIST'S ASSISTANT, TO PROVIDE GENERAL PRACTICE PARAMETERS AND PROCEDURES FOR ESTABLISHING SCOPE OF PRACTICE PROTOCOLS, TO FURTHER PROVIDE FOR THE REGULATION OF ANESTHESIOLOGIST'S ASSISTANTS, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Referred to Committee on Medical, Military, Public and Municipal Affairs
Debate was resumed on the following Bill, the pending question being the consideration of the Bill, Rep. MCLEOD having the floor:
H. 3442 (Word version) -- Reps. Robinson, Wilkins, W. D. Smith, Quinn, Koon, Knotts, Allison, Altman, Barfield, Barrett, Bingham, Campsen, Cato, Chellis, Coates, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Fleming, Frye, Gilham, Gourdine, Hamilton, Harrell, Harrison, Haskins, Hinson, Huggins, Jennings, Keegan, Kelley, Kirsh, Klauber, Law, Leach, Limehouse, Littlejohn, Loftis, Lucas, Martin, McGee, Meacham-Richardson, Merrill, Owens, Perry, Rhoad, Rice, Riser, Rodgers, Sandifer, Scarborough, Sharpe, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. R. Smith, Stille, Talley, Taylor, Thompson, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, White, Witherspoon, A. Young and J. Young: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO REDUCE AT THE RATE OF ONE PERCENT A YEAR THE FOUR PERCENT STATE SALES TAX ON FOOD ITEMS WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, TO EXEMPT COMPLETELY FROM THE STATE PORTION OF THE TAX ALL SUCH FOOD AND MEALS EFFECTIVE JANUARY 1, 2005, TO PROVIDE FOR THE USE OF THE REVENUE FROM THE REDUCED RATES OF TAX DURING THE PHASE-IN PERIOD, AND TO AMEND AN ACT OF 2000 BEARING RATIFICATION NUMBER 453, RELATING TO SUPPLEMENTAL APPROPRIATIONS, SO AS TO DELETE A SALES TAX EXEMPTION FOR FOOD ITEMS MADE OBSOLETE BY THE PROVISIONS OF THIS ACT.
Rep. MCLEOD continued speaking.
Rep. KIRSH spoke in favor of the Bill.
Rep. VAUGHN spoke in favor of the Bill.
The question then recurred to the passage of the Bill, as amended, on second reading.
Rep. VAUGHN demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Allison Altman Barfield Barrett Battle Bingham Brown, G. Campsen Carnell Cato Chellis Coates Coleman Cooper Dantzler Davenport Delleney Easterday Edge Fleming Freeman Frye Gourdine Hamilton Harrell Harrison Harvin Hines, J. Hines, M. Hinson Huggins Keegan Kelley Kirsh Klauber Knotts Koon Law Leach Lee Limehouse Littlejohn Loftis Lourie Martin McCraw McGee Meacham-Richardson Merrill Miller Moody-Lawrence Owens Parks Phillips Quinn Rhoad Rice Riser Rivers Robinson Rodgers Sandifer Scarborough Sheheen Simrill Smith, D.C. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Snow Stille Talley Taylor Thompson Townsend Tripp Vaughn Walker Webb Whatley White Wilkins Young, A.
Those who voted in the negative are:
Askins Bowers Breeland Brown, R. Clyburn Cobb-Hunter Emory Govan Hosey Howard Jennings Kennedy Lloyd Mack McLeod Neal, J.H. Rutherford Scott Weeks Whipper Wilder
So, the Bill, as amended, was read the second time and ordered to third reading.
I was out of the Chamber temporarily but I wish to record for the Journal that I would have voted in favor of H. 3442.
Rep. Gloria Haskins
I was out of the House Chamber and did not vote on H. 3442. I was attending to a constituent concern in the Senate Chamber. Had I been present I would have voted in favor of H. 3442.
Rep. Robert S. Perry, Jr.
On motion of Rep. VAUGHN, with unanimous consent, it was ordered that H. 3442 be read the third time tomorrow.
The following Bills were taken up, read the second time, and ordered to a third reading:
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.
Rep. COOPER explained the Bill.
S. 143 (Word version) -- Senators Leatherman and Branton: A BILL TO AMEND SECTION 12-45-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACCEPTABLE FORMS OF PAYMENT OF COUNTY TAXES, SO AS TO PROVIDE FOR PAYMENT BY CREDIT CARD, SUBJECT TO APPROVAL AND IMPOSITION OF A VOLUNTARY AND NONREFUNDABLE SURCHARGE BY THE COUNTY GOVERNING BODY.
Rep. COOPER explained the Bill.
H. 3129 (Word version) -- Reps. Kirsh, Vaughn, Altman and Whipper: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE SOUTH CAROLINA SALES TAX SO AS TO PROVIDE AN EXEMPTION FOR PRESCRIPTION MEDICINE USED IN THE TREATMENT OF RENAL DISEASE.
Rep. VAUGHN explained the Bill.
H. 3586 (Word version) -- Rep. Harrell: A BILL TO AMEND SECTION 12-21-2420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMISSIONS TAX AND THE PAYMENT OF AND EXEMPTIONS TO THE ADMISSIONS TAX, SO AS TO EXEMPT PHYSICAL FITNESS CENTERS OF THIS STATE AND ITS POLITICAL SUBDIVISIONS IN THE SAME MANNER THAT PRIVATE PHYSICAL FITNESS CENTERS LICENSED UNDER CHAPTER 79 OF TITLE 44 ARE EXEMPT.
Rep. RICE explained the Bill.
S. 218 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 11-27-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUE OF STATE GENERAL OBLIGATION BONDS, SO AS TO PROVIDE FOR THE METHODS OF ADVERTISING THE SALE OF THE BONDS, TO ALLOW THE STATE BUDGET AND CONTROL BOARD TO RECEIVE BIDS FOR THE BONDS IN A FORM THE BOARD DETERMINES, AND TO ALLOW THE PRIVATE SALE OF BONDS IF NO BIDS ARE RECEIVED OR IF ALL BIDS ARE REJECTED.
Rep. J. R. SMITH explained the Bill.
On motion of Rep. COOPER, with unanimous consent, it was ordered that H. 3733 be read the third time tomorrow.
On motion of Rep. COOPER, with unanimous consent, it was ordered that S. 143 be read the third time tomorrow.
On motion of Rep. VAUGHN, with unanimous consent, it was ordered that H. 3129 be read the third time tomorrow.
On motion of Rep. RICE, with unanimous consent, it was ordered that H. 3586 be read the third time tomorrow.
On motion of Rep. J. R. SMITH, with unanimous consent, it was ordered that S. 218 be read the third time tomorrow.
The following Bill was taken up:
H. 3172 (Word version) -- Reps. Vaughn, Barrett, Davenport, Leach, Campsen, Witherspoon, Walker, Altman, Rodgers, Stuart, Robinson, Sharpe, Loftis, Rice, Hamilton, Easterday, Delleney, Phillips, Harrison, Chellis, Scarborough, Huggins, Tripp, Cato and Gilham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3600 SO AS TO AUTHORIZE STATE INCOME TAX CREDITS UP TO FIVE HUNDRED DOLLARS A YEAR ON A PHASED-IN BASIS FOR CONTRIBUTIONS MADE TO NONPROFIT EDUCATION FOUNDATIONS THAT PROVIDE ACADEMIC ASSISTANCE GRANTS FOR CHILDREN WHO ATTEND PUBLIC OR NONGOVERNMENT SCHOOLS, A MAJORITY OF WHOM MUST QUALIFY FOR NEEDS-BASED ASSISTANCE, AND TO PROVIDE THE PROCEDURES FOR, AND CONDITIONS AND LIMITATIONS OF, THESE INCOME TAX CREDITS.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\AMEND\ 10133HTC01), which was adopted:
Amend the bill, as and if amended, by striking Section 12-6-3600(I)(1), as contained in SECTION 1, page 3, and inserting:
/(1) The tax credits authorized by this section may not exceed one hundred dollars for calendar year 2002, two hundred dollars for calendar year 2003, three hundred dollars for calendar year 2004, four hundred dollars for calendar year 2005, and five hundred dollars for calendar year 2006 and thereafter. /
Amend further, in SECTION 2, page 4, line 29, by striking /2001/ and inserting / 2002 / so that when amended, SECTION 2 reads:
/ SECTION 2. This act takes effect upon approval by the Governor and applies to contributions authorized by Section 12-6-3600 made on or after January 1, 2002. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. VAUGHN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. VAUGHN, with unanimous consent, it was ordered that H. 3172 be read the third time tomorrow.
The following Bill was taken up:
H. 3443 (Word version) -- Reps. Robinson, Wilkins, W. D. Smith, Quinn, Koon, Knotts, Simrill, Allison, Altman, Barfield, Barrett, Bingham, Campsen, Cato, Chellis, Coates, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Fleming, Frye, Gilham, Hamilton, Harrell, Harrison, Haskins, Hinson, Huggins, Keegan, Kelley, Kirsh, Klauber, Law, Leach, Limehouse, Littlejohn, Loftis, Lucas, McGee, Meacham-Richardson, Owens, Perry, Rice, Riser, Rodgers, Sandifer, Sharpe, Sinclair, D. C. Smith, G. M. Smith, J. R. Smith, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, White, Witherspoon, A. Young and J. Young: A BILL TO AMEND SECTION 12-6-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANNUAL INFLATION ADJUSTMENTS TO STATE INCOME TAX BRACKETS, SO AS TO DELETE THE PROVISION LIMITING THE INFLATION ADJUSTMENT TO ONE-HALF OF THE ACTUAL INFLATION RATE AND THE OVERALL FOUR PERCENT LIMIT ON THE TOTAL INFLATION ADJUSTMENT AND TO DELETE REDUNDANT LANGUAGE.
Rep. VAUGHN explained the Bill.
The question then recurred to the passage of the Bill.
Rep. ROBINSON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Askins Barfield Barrett Battle Bingham Bowers Brown, G. Brown, R. Campsen Carnell Cato Chellis Clyburn Coates Coleman Cooper Dantzler Davenport Delleney Easterday Edge Emory Fleming Freeman Gourdine Hamilton Harrell Harrison Harvin Haskins Hines, J. Hines, M. Hinson Hosey Huggins Jennings Keegan Kelley Kirsh Klauber Knotts Koon Law Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Martin McCraw McGee McLeod Meacham-Richardson Merrill Miller Neal, J.H. Neal, J.M. Ott Owens Parks Perry 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. Stille Talley Taylor Thompson Townsend Tripp Vaughn Walker Webb Weeks Whatley White Wilder Wilkins Young, A. Young, J.
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
I was out of the Chamber and did not get to vote on H. 3443. I was attending to a constituent concern. Please know that if I had been present I would have voted in favor of the bill.
Rep. Rita Allison
I was out of the House Chamber and did not vote on H. 3443. I was attending to a constituent concern in the Senate Chamber. Had I been present I would have voted in favor of H. 3443.
Rep. Robert S. Perry, Jr.
On motion of Rep. ROBINSON, with unanimous consent, it was ordered that H. 3443 be read the third time tomorrow.
The following Bill was taken up:
H. 3438 (Word version) -- Reps. Wilkins, W. D. Smith, Harrison, Cato, J. Brown, Harrell, Kelley, Sharpe, Townsend, Altman, Robinson, Campsen, White, Rice and Loftis: A BILL TO AMEND SECTION 11-11-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON GENERAL TAX INCREASES AND NEW GENERAL TAXES, SO AS TO REQUIRE A TWO-THIRDS VOTE OF THE ELECTED MEMBERSHIP OF EACH HOUSE OF THE GENERAL ASSEMBLY FOR THE IMPOSITION OF A NEW OR INCREASED TAX.
Rep. J. R. SMITH explained the Bill.
The question then recurred to the passage of the Bill on second reading.
Rep. ROBINSON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Allison Bales Barfield Barrett Bingham Bowers Carnell Cato Chellis Clyburn Coates Coleman Cooper Dantzler Davenport Delleney Easterday Edge Fleming Frye Hamilton Harrell Harrison Harvin Haskins Hinson Hosey Huggins Keegan Kelley Kirsh Klauber Knotts Koon Law Leach Lee Limehouse Littlejohn Loftis Lourie Lucas Martin McCraw McGee Meacham-Richardson Merrill Ott Owens Perry Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Scarborough Sharpe Simrill Smith, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Snow Stille Talley Taylor Thompson Townsend Tripp Vaughn Walker Webb Weeks Whatley White Wilder Wilkins Young, A. Young, J.
Those who voted in the negative are:
Askins Battle Breeland Brown, G. Brown, J. Brown, R. Cobb-Hunter Emory Freeman Gourdine Govan Hines, J. Hines, M. Howard Jennings Lloyd Mack McLeod Miller Moody-Lawrence Neal, J.H. Neal, J.M. Parks Rivers Rutherford Scott Sheheen Whipper
So, the Bill was read the second time and ordered to third reading.
Rep. J. R. SMITH asked unanimous consent that H. 3438 be read a third time tomorrow.
Rep. WHIPPER objected.
On motion of Rep. DAVENPORT, with unanimous consent, the following Joint Resolution was ordered recalled from the Spartanburg Delegation:
H. 3881 (Word version) -- Rep. Davenport: A JOINT RESOLUTION TO REQUIRE A STUDY TO BE CONDUCTED BY SPARTANBURG COUNTY OF THE IMPACT OF PLACING A TRASH COMPACTOR FACILITY ON PARRIS BRIDGE ROAD NEAR I-85 AND TO SUSPEND CONSTRUCTION OF THE FACILITY UNTIL A REPORT OF THE STUDY HAS BEEN SUBMITTED TO THE SPARTANBURG LEGISLATIVE DELEGATION.
The Senate amendments to the following Bill were taken up for consideration:
H. 3288 (Word version) -- Reps. Cato, Edge and White: A BILL TO AMEND CHAPTER 29, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BUSINESS OF MANUFACTURED HOUSING, SO AS TO CONFORM THE CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF CHAPTER 1, TITLE 40 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF THE SOUTH CAROLINA MANUFACTURED HOUSING BOARD.
Rep. CATO proposed the following Amendment No. 1A (Doc Name COUNCIL\NBD\AMEND\11529AC01), which was adopted:
Amend the bill, as and if amended, Section 40-29-10(A) page 20, line 17 by deleting /with the advice and consent of the Senate/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. CATO explained the amendment.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.
The following Concurrent Resolution was taken up:
H. 3585 (Word version) -- Reps. Kelley and Townsend: A CONCURRENT RESOLUTION EXPRESSING THE VIEW OF THE GENERAL ASSEMBLY THAT STATE PERSONNEL POLICIES OR PROCEDURES, OR BOTH, HOWEVER DESCRIBED, ESTABLISHED BY THE STATE BUDGET AND CONTROL BOARD SHOULD BE PROMULGATED AS REGULATIONS IN CONFORMITY WITH THE ADMINISTRATIVE PROCEDURES ACT WHEN THE POLICIES EXTEND TO STATE EMPLOYEES NOT EMPLOYED BY THE STATE BUDGET AND CONTROL BOARD.
Be it resolved by the House of Representatives, the Senate concurring:
That it is the view of the General Assembly that state personnel policies or procedures, or both, however described, established by the State Budget and Control Board should be promulgated as regulations in conformity with the Administrative Procedures Act when the policies extend to state employees not employed by the State Budget and Control Board.
Be it further resolved that a copy of this resolution be forwarded to the Honorable James H. Hodges, Governor and Chairman of the State Budget and Control Board, the Honorable James Lander, Comptroller General, and the Honorable Grady Patterson, State Treasurer, in their capacity as members of the State Budget and Control Board.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SKB\AMEND\ 18341HTC01), which was adopted:
Amend the resolution, as and if amended, in the first paragraph following the resolving clause, page 1, line 25, by striking:
/ ,guidelines, or procedures / and inserting / or procedures, or both/ so that when amended, the first paragraph following the resolving clause reads:
That it is the view of the General Assembly that state personnel policies or procedures, or both, however described, established by the State Budget and Control Board should be promulgated as regulations in conformity with the Administrative Procedures Act when the policies extend to state employees not employed by the State Budget and Control Board.
Amend title to read:
EXPRESSING THE VIEW OF THE GENERAL ASSEMBLY THAT STATE PERSONNEL POLICIES OR PROCEDURES, OR BOTH, HOWEVER DESCRIBED, ESTABLISHED BY THE STATE BUDGET AND CONTROL BOARD SHOULD BE PROMULGATED AS REGULATIONS IN CONFORMITY WITH THE ADMINISTRATIVE PROCEDURES ACT WHEN THE POLICIES EXTEND TO STATE EMPLOYEES NOT EMPLOYED BY THE STATE BUDGET AND CONTROL BOARD.
Rep. KELLEY explained the amendment.
The amendment was then adopted.
The Concurrent Resolution, as amended, was adopted and ordered sent to the Senate.
The motion period was dispensed with on motion of Rep. EASTERDAY.
The following Bill was taken up:
H. 3601 (Word version) -- Reps. Huggins and Barfield: A BILL TO AMEND TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY AND CONVEYANCES, BY ADDING CHAPTER 50 SO AS TO REQUIRE A WRITTEN PROPERTY CONDITION DISCLOSURE STATEMENT UPON THE SALE OF CERTAIN RESIDENTIAL PROPERTY, TO PROVIDE EXEMPTIONS FROM THIS REQUIREMENT, TO IMPOSE DUTIES ON OWNERS AND REAL ESTATE LICENSEES IN REGARD TO THESE REQUIREMENTS, AND TO AUTHORIZE THE REAL ESTATE COMMISSION TO PERFORM SPECIFIC DUTIES AND FUNCTIONS IN REGARD TO THESE DISCLOSURE STATEMENTS.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\AMEND\ 10136MM01), which was adopted:
Amend the bill, as and if amended, Section 27-50-110, as contained in SECTION 1, page 6, lines 8 through 10, by deleting the section in its entirety.
Renumber sections to conform.
Amend totals and title to conform.
Rep. EDGE explained the amendment.
The amendment was then adopted.
Reps. HUGGINS, KNOTTS and EASTERDAY proposed the following Amendment No. 2 (Doc Name COUNCIL\DKA\AMEND\ 4270MM01), which was adopted:
Amend the bill, as and if amended, Section 26-50-90, SECTION 1, page 5, by deleting at the end of line 35 /; or / and inserting a / . /; and line 36, by deleting item (4) in its entirety.
Renumber items to conform.
Amend title to conform.
Rep. EDGE explained the amendment.
The amendment was then adopted.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Allison Askins Bales Barfield Barrett Battle Bingham Bowers Brown, G. Brown, J. Carnell Cato Chellis Clyburn Coates Cobb-Hunter Cooper Cotty Dantzler Easterday Edge Emory Fleming Freeman Frye Gourdine Govan Hamilton Harrell Harrison Harvin Haskins Hines, J. Hines, M. Hinson Howard Huggins Jennings Keegan Kelley Kirsh Klauber Knotts 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 Simrill Smith, D.C. Smith, J.E. Smith, J.R. Snow Stille Talley Taylor Thompson Townsend Tripp Vaughn Walker Webb Weeks Whatley White Wilder Wilkins Young, A. Young, J.
Those who voted in the negative are:
Coleman Davenport Hosey Kennedy Rutherford Sheheen Smith, F.N.
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. CATO asked unanimous consent that H. 3601 be read a third time tomorrow.
Rep. DAVENPORT objected.
Rep. EASTERDAY moved that the House recur to the Morning Hour, which was agreed to.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3934 (Word version) -- Reps. Klauber, Quinn and White: A BILL TO AMEND CHAPTER 48, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SEXUALLY VIOLENT PREDATOR ACT BY ADDING SECTION 44-48-180 SO AS TO PROVIDE THAT THE TIME DEADLINES ESTABLISHED IN THIS ACT ARE NOT JURISDICTIONAL AND TO PROVIDE A CASE OR PETITION BROUGHT PURSUANT TO THIS CHAPTER MAY NOT BE DISMISSED FOR FAILURE TO MEET A PARTICULAR TIME DEADLINE; AND TO AMEND SECTIONS 44-48-40, 44-48-50, 44-48-70, 44-48-80, 44-48-90, AND 44-48-150, ALL RELATING TO THE PROCEDURES OF THE SEXUALLY VIOLENT PREDATOR ACT, SO AS TO PROVIDE FOR EXPANDED TIME FRAMES, REVIEW OF A PERSON'S RECORDS BY A MENTAL HEALTH PROFESSIONAL, DISCOVERY LIMITATIONS, AND VENUE.
Referred to Committee on Judiciary
H. 3935 (Word version) -- Rep. Lucas: A BILL TO AMEND SECTION 50-11-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADOPTION OF THE FEDERAL MIGRATORY BIRD TREATY ACT AND REGULATIONS, CONCERNING HUNTING MIGRATORY BIRDS AND WATERFOWL, SO AS TO PROVIDE THAT THE LEGAL SHOOTING HOURS ON DAYS THE DEPARTMENT OF NATURAL RESOURCES DESIGNATES AS LESS THAN A FULL DAY FOR HUNTING DOVES IS FROM ONE-HALF HOUR BEFORE SUNRISE UNTIL TWELVE-THIRTY P.M.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
The following Bill was taken up:
H. 3513 (Word version) -- Reps. Easterday, Barrett, Cotty, Delleney, Freeman, Hamilton, Harrell, Hinson, Keegan, Kelley, Kennedy, Klauber, Leach, Loftis, Lucas, McGee, Merrill, Neilson, Owens, Quinn, Rice, Robinson, Scarborough, Sinclair, Thompson, Vaughn, Walker, Wilkins, Witherspoon, Campsen and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-7-125 SO AS TO PROHIBIT THE APPROPRIATION OF SURPLUS FUNDS FOR RECURRING EXPENDITURES OF STATE AGENCIES, TO DEFINE "RECURRING EXPENSES", AND TO PROVIDE EXCEPTIONS.
Rep. EASTERDAY proposed the following Amendment No. 1 (Doc Name COUNCIL\PT\AMEND\1399DW01), which was adopted:
Amend the bill, as and if amended, Section 2-7-125 as contained in SECTION 1, beginning on line 31 after /agency/ by striking /or in the annual state budget/
Amend title to conform.
Rep. J. R. SMITH explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. J. R. SMITH, with unanimous consent, it was ordered that H. 3513 be read the third time tomorrow.
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
H. 3013 (Word version) -- Reps. Vaughn, Altman, Barrett, J. Brown, Cobb-Hunter, Cotty, Davenport, Harvin, Leach, Littlejohn, Loftis, Rodgers, Taylor, W. D. Smith, Harrison, Witherspoon, Wilder, Stille, Whatley, Clyburn, Walker and Robinson: A BILL TO AMEND ARTICLE 1, CHAPTER 11, TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL PROVISIONS FOR STATE OFFICERS AND EMPLOYEES, BY ADDING SECTION 8-11-17 SO AS TO AUTHORIZE SPECIFICALLY THE USE OF FLEXIBLE SCHEDULING BY A STATE AGENCY AND INSTITUTION IN DETERMINING AN EMPLOYEE'S MINIMUM FULL-TIME WORKWEEK SCHEDULE, INCLUDING HOURS BEFORE EIGHT-THIRTY A.M. AND AFTER FIVE P.M., SO LONG AS THE CAPACITY OF THE AGENCY OR INSTITUTION IS NOT IMPAIRED.
Rep. RISER explained the Bill.
H. 3683 (Word version) -- Rep. Kelley: A BILL TO AMEND SECTION 1-11-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE FOR STATE EMPLOYEES AND SCHOOL DISTRICT EMPLOYEES, SO AS TO REQUIRE ANNUAL STATE BUDGET AND CONTROL BOARD APPROVAL OF THE NEXT CALENDAR YEAR'S PLAN OF BENEFITS, ELIGIBILITY, AND CONTRIBUTIONS BY AUGUST FIFTEENTH PRECEDING THE CALENDAR YEAR RATHER THAN OCTOBER FIRST.
Rep. KELLEY explained the Bill.
H. 3889 (Word version) -- Reps. Cotty, Sheheen, J. M. Neal and Lucas: A BILL TO AMEND SECTION 30-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERFORMANCE OF THE REGISTER OF DEEDS' DUTIES BY A CLERK OF COURT IN CERTAIN COUNTIES, SO AS TO ADD KERSHAW COUNTY TO THE LIST OF THOSE COUNTIES WHICH HAVE BOTH A REGISTER OF DEEDS AND A CLERK OF COURT; AND TO AMEND SECTION 30-5-12, AS AMENDED, RELATING TO THE APPOINTMENT OF A REGISTER OF DEEDS, SO AS TO ADD KERSHAW COUNTY TO THE LIST OF COUNTIES IN WHICH THE GOVERNING BODY APPOINTS THE REGISTER OF DEEDS.
H. 3890 (Word version) -- Reps. Townsend, Harrell, Allison, Hayes, Jennings, McCraw, Phillips and Miller: A JOINT RESOLUTION TO AUTHORIZE THE REALLOCATION OF TECHNICAL ASSISTANCE FUNDING UNDER THE EDUCATION ACCOUNTABILITY ACT FOR SPECIFIED ASSISTANCE TO LOW-PERFORMING SCHOOLS AND SCHOOL DISTRICTS, AND TO PROVIDE THE MANNER IN WHICH AND CRITERIA UNDER WHICH THIS SPECIAL ASSISTANCE SHALL BE PROVIDED.
Rep. TOWNSEND explained the Joint Resolution.
H. 3917 (Word version) -- Reps. Harrell, Keegan and Limehouse: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE AUTHORIZATION OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO SUBSTITUTE REVISED PROJECTS FOR PROJECTS PREVIOUSLY AUTHORIZED FOR THE TECHNICAL COLLEGE OF THE LOW COUNTRY AND AIKEN TECHNICAL COLLEGE WITHOUT CHANGING THE ORIGINAL AUTHORIZATION AMOUNTS.
Rep. HARRELL explained the Bill.
On motion of Rep. RISER, with unanimous consent, it was ordered that H. 3013 be read the third time tomorrow.
On motion of Rep. RISER, with unanimous consent, it was ordered that H. 3683 be read the third time tomorrow.
On motion of Rep. COTTY, with unanimous consent, it was ordered that H. 3889 be read the third time tomorrow.
On motion of Rep. TOWNSEND, with unanimous consent, it was ordered that H. 3890 be read the third time tomorrow.
On motion of Rep. HARRELL, with unanimous consent, it was ordered that H. 3917 be read the third time tomorrow.
Rep. KNOTTS moved to adjourn debate upon the following Bill until Tuesday, April 17, which was adopted:
H. 3681 (Word version) -- Reps. Kelley, Robinson, Keegan, Cooper and White: A BILL TO AMEND SECTION 9-17-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMPLOYER CONTRIBUTIONS UNDER THE OPTIONAL RETIREMENT PROGRAM FOR PUBLICLY-SUPPORTED FOUR-YEAR AND POSTGRADUATE INSTITUTIONS OF HIGHER EDUCATION, SO AS TO INCREASE THE MINIMUM CONTRIBUTION FROM FOUR AND ONE QUARTER PERCENT OF COMPENSATION TO FIVE PERCENT OF COMPENSATION; TO AMEND CHAPTER 20, TITLE 9, RELATING TO THE OPTIONAL RETIREMENT PROGRAM FOR TEACHERS AND SCHOOL ADMINISTRATORS, SO AS TO EXTEND ELIGIBILITY IN THAT PROGRAM TO EMPLOYEES OF THE STATE, INCLUDING EMPLOYEES OF TWO- AND FOUR-YEAR STATE SUPPORTED INSTITUTIONS OF HIGHER EDUCATION, AND TECHNICAL COLLEGES; AND TO REPEAL, EFFECTIVE JULY 1, 2002, THE OPTIONAL RETIREMENT PROGRAM FOR PUBLICLY-SUPPORTED FOUR-YEAR AND POSTGRADUATE INSTITUTIONS OF HIGHER EDUCATION.
Rep. RISER moved to adjourn debate upon the following Bill until Tuesday, April 17, which was adopted:
S. 484 (Word version) -- Finance Committee: A BILL TO AMEND SECTION 9-17-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMPLOYER CONTRIBUTIONS UNDER THE OPTIONAL RETIREMENT PROGRAM FOR PUBLICLY-SUPPORTED FOUR-YEAR AND POSTGRADUATE INSTITUTIONS OF HIGHER EDUCATION, SO AS TO INCREASE THE MINIMUM CONTRIBUTION FROM FOUR AND ONE QUARTER PERCENT OF COMPENSATION TO FIVE PERCENT OF COMPENSATION; TO AMEND CHAPTER 20, TITLE 9, RELATING TO THE OPTIONAL RETIREMENT PROGRAM FOR TEACHERS AND SCHOOL ADMINISTRATORS, SO AS TO EXTEND ELIGIBILITY IN THAT PROGRAM TO EMPLOYEES OF THE STATE, INCLUDING EMPLOYEES OF TWO- AND FOUR-YEAR STATE SUPPORTED INSTITUTIONS OF HIGHER EDUCATION, AND TECHNICAL COLLEGES; AND TO REPEAL, EFFECTIVE JULY 1, 2002, THE OPTIONAL RETIREMENT PROGRAM FOR PUBLICLY-SUPPORTED FOUR-YEAR AND POSTGRADUATE INSTITUTIONS OF HIGHER EDUCATION.
The following Bill was taken up:
H. 3693 (Word version) -- Reps. Campsen, Cato, Delleney, Easterday, Hamilton, Leach, Robinson and White: A BILL TO ENACT THE "UNBORN VICTIMS ACT OF 2001" INCLUDING PROVISIONS TO AMEND CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST A PERSON, BY ADDING SECTION 16-3-90 SO AS TO PROVIDE THAT FOR PURPOSES OF ALL OFFENSES ARISING OUT OF THE UNLAWFUL KILLING OR BATTERY OF ANY PERSON, THE TERM "PERSON" INCLUDES AN UNBORN CHILD AT EVERY STAGE OF GESTATION IN UTERO FROM CONCEPTION UNTIL LIVE BIRTH, AND TO PROVIDE FOR EXCLUSIONS; TO AMEND SECTION 50-21-10, AS AMENDED, RELATING TO EQUIPMENT AND OPERATION OF WATERCRAFT, SO AS TO PROVIDE THAT FOR PURPOSES OF ALL OFFENSES ARISING OUT OF THE DEATH OR INJURY OF ANY PERSON IN ARTICLE 1, CHAPTER 21, TITLE 50, "PERSON" INCLUDES AN UNBORN CHILD AT EVERY STAGE OF GESTATION IN UTERO FROM CONCEPTION UNTIL LIVE BIRTH, AND BY ADDING SECTION 50-21-185 TO FURTHER PROVIDE THAT FOR PURPOSES OF ALL OFFENSES ARISING OUT OF THE DEATH OR INJURY OF ANY PERSON IN ARTICLE 1, CHAPTER 21, TITLE 50, "PERSON" INCLUDES AN UNBORN CHILD AT EVERY STAGE OF GESTATION IN UTERO FROM CONCEPTION UNTIL LIVE BIRTH; TO AMEND CHAPTER 5, TITLE 56, RELATING TO MOTOR VEHICLES AND REGULATING TRAFFIC ON THE HIGHWAYS, BY ADDING SECTION 56-5-2915 SO AS TO PROVIDE THAT FOR PURPOSES OF ALL OFFENSES ARISING OUT OF THE DEATH OR INJURY OF ANY "PERSON" IN ARTICLE 23, CHAPTER 5, TITLE 56, THE TERM "PERSON" INCLUDES AN UNBORN CHILD AT EVERY STAGE OF GESTATION IN UTERO FROM CONCEPTION UNTIL LIVE BIRTH.
Rep. CAMPSEN made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 3789 (Word version) -- Reps. Fleming, Harrison, Quinn, J. Young, Altman, Wilkins, Riser and Sandifer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-5-15 SO AS TO PROVIDE THAT ALL MEMBERS OF COUNTY BOARDS OF REGISTRATION, COUNTY ELECTION COMMISSIONS, AND COMBINED COUNTY BOARDS OF REGISTRATION AND ELECTIONS COMMISSIONS MUST BE APPOINTED FOR STAGGERED TERMS OF FOUR YEARS AND TO PROVIDE FOR THE INITIAL APPOINTMENT OF THESE MEMBERS TO ENSURE THE STAGGERING OF TERMS; TO AMEND CHAPTER 13, TITLE 7, BY ADDING ARTICLE 2 SO AS TO PROVIDE FOR AN ELECTION TO BE CONDUCTED IN EVERY EVEN AND ODD-NUMBERED YEAR TO FILL SEATS OF ALL ELECTED BODIES WHOSE ELECTIONS TO FILL THOSE SEATS ARE PROVIDED BY LAW AT A TIME OTHER THAN AT THE TIME OF THE GENERAL ELECTION AND REQUIRE GOVERNING BODIES AND COUNTIES CONDUCTING A REFERENDUM TO AUTHORIZE GENERAL OBLIGATION DEBT TO CONDUCT THE REFERENDUM AT THE TIME OF THE GENERAL ELECTION OR ON THE FIRST TUESDAY FOLLOWING THE FIRST MONDAY IN NOVEMBER IN AN ODD-NUMBERED YEAR; BY ADDING SECTION 7-13-1115 SO AS TO PROVIDE A PROCEDURE FOR HAND COUNTS IF A VOTING MACHINE MALFUNCTIONS AND TO AUTHORIZE THE STATE ELECTION COMMISSION TO ESTABLISH POLICIES AND PROCEDURES FOR LOCAL COMMISSIONS TO FOLLOW WHEN HAND COUNTS ARE CONDUCTED; BY ADDING SECTION 7-17-75 SO AS TO REQUIRE THAT WHEN A LOSING CANDIDATE PROTESTS AN ELECTION ON ANY GROUNDS, OTHER THAN ON THE DISPARITY OF THE NUMBER OF BALLOTS CAST, THAT CANDIDATE MUST PAY ALL COSTS ASSOCIATED WITH THE PROTEST INCLUDING COSTS INCURRED BY THE STATE OR COUNTY ELECTION COMMISSION TO THE WINNING CANDIDATE IF THE BOARD HEARING THE PROTEST DETERMINES THAT THE PROTEST IS FRIVOLOUS AND WITHOUT MERIT; BY ADDING SECTION 7-15-335 SO AS TO PROVIDE THAT BEFORE EACH ELECTION, THE COUNTY BOARD OF REGISTRATION OR ITS DESIGNEE SHALL OFFER QUALIFIED RESIDENTS OF NURSING HOMES AND ASSISTED LIVING FACILITIES THE OPPORTUNITY TO APPLY FOR ABSENTEE BALLOTS; BY ADDING SECTION 7-15-470 SO AS TO AUTHORIZE A COUNTY BOARD OF REGISTRATION TO USE OTHER MEANS OF VOTING ABSENTEE INSTEAD OF BY PAPER BALLOT IF CERTIFIED BY THE STATE ELECTION COMMISSION AND TO AUTHORIZE THE COMMISSION TO ESTABLISH STANDARDS AND GUIDELINES TO EFFECTUATE THE PROVISIONS OF THIS SECTION; TO AMEND SECTION 7-5-10, AS AMENDED, RELATING TO APPOINTMENT AND REMOVAL OF MEMBERS OF COUNTY BOARDS OF REGISTRATION, SO AS TO REQUIRE THE STATE ELECTION COMMISSION TO NOTIFY THE RESPECTIVE LEGISLATIVE DELEGATIONS, OTHER APPOINTING AUTHORITIES, AND THE GOVERNOR OF THE PROGRESS EACH COUNTY REGISTRATION BOARD MEMBER HAS MADE TOWARD COMPLETION OF THE TRAINING AND CERTIFICATION PROGRAM REQUIRED BY THIS SECTION; TO AMEND SECTION 7-5-35, AS AMENDED, RELATING TO A COMBINED ELECTION AND REGISTRATION COMMISSION, SO AS TO REQUIRE THE STATE ELECTION COMMISSION TO NOTIFY THE RESPECTIVE LEGISLATIVE DELEGATIONS, OTHER APPOINTING AUTHORITIES, AND THE GOVERNOR OF THE PROGRESS EACH COMBINED COUNTY REGISTRATION BOARD AND ELECTION COMMISSION MEMBER HAS MADE TOWARD COMPLETION OF THE TRAINING AND CERTIFICATION PROGRAM REQUIRED BY THIS SECTION; TO AMEND SECTION 7-13-70, AS AMENDED, RELATING TO THE APPOINTMENT OF COUNTY COMMISSIONERS OF ELECTION, SO AS TO REQUIRE THE STATE ELECTION COMMISSION TO NOTIFY THE RESPECTIVE LEGISLATIVE DELEGATIONS, OTHER APPOINTING AUTHORITIES, AND THE GOVERNOR OF THE PROGRESS EACH COUNTY ELECTION COMMISSION MEMBER HAS MADE TOWARD COMPLETION OF THE TRAINING AND CERTIFICATION PROGRAM REQUIRED BY THIS SECTION; TO AMEND SECTION 7-13-190, AS AMENDED, RELATING TO CONDUCTING A SPECIAL ELECTION TO FILL A VACANCY IN OFFICE, SO AS TO PROVIDE THAT IF A SPECIAL ELECTION IS SCHEDULED TO BE HELD NO MORE THAN FIFTEEN DAYS AFTER A GENERAL ELECTION, THE SPECIAL ELECTION MUST BE HELD ON THE SAME DAY AS THE GENERAL ELECTION; TO AMEND SECTION 7-13-860, AS AMENDED, RELATING TO THE APPOINTMENT, QUALIFICATIONS, IDENTIFICATION, AND CONDUCT OF POLL WATCHERS, SO AS TO REQUIRE THE WATCHER TO BE A QUALIFIED VOTER OF THE STATE RATHER THAN THE COUNTY WHERE HE IS TO WATCH; TO AMEND SECTION 7-13-1120, RELATING TO THE DISPOSITION OF IMPROPERLY MARKED BALLOTS, SO AS TO PROVIDE THAT IF A HAND COUNT IS CONDUCTED PURSUANT TO THE PROVISIONS OF SECTION 7-13-1115, THE INTENT OF THE VOTER MUST BE CLEAR FROM THE FACE OF THE BALLOT PURSUANT TO POLICIES AND PROCEDURES ESTABLISHED BY THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-13-1340, AS AMENDED, RELATING TO THE REQUIREMENT OF VOTE RECORDERS, SO AS TO ADD REFERENCES TO OPTICAL SCAN VOTING DEVICES AND DELETE PROVISIONS REQUIRING SEPARATE VOTES FOR PRESIDENT; TO AMEND SECTION 7-15-330, AS AMENDED, RELATING TO THE TIME OF APPLICATION FOR AN ABSENTEE BALLOT, SO AS TO PROVIDE THAT ANY FORM FOR REQUESTING AN APPLICATION FOR AN ABSENTEE BALLOT MUST BE APPROVED BY THE STATE ELECTION COMMISSION PRIOR TO USE; AND TO FURTHER PROVIDE THAT A PERSON WHO REPRESENTS HIMSELF AS AN AUTHORIZED REPRESENTATIVE FOR A QUALIFIED ELECTOR AND WHO SIGNS AN OATH IN VIOLATION OF SECTION 7-25-190 IS SUBJECT TO THE PENALTIES FOR THAT OFFENSE.
Rep. FLEMING made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 3479 (Word version) -- Reps. W. D. Smith, Sandifer, Edge, J. E. Smith, Allison, Altman, Bales, Battle, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Clyburn, Cobb-Hunter, Coleman, Davenport, Fleming, Govan, Harvin, Hinson, Howard, Huggins, Jennings, Kelley, Kennedy, Klauber, Law, Lee, Limehouse, Lloyd, Lourie, Mack, McCraw, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, Ott, Quinn, Rodgers, Rutherford, Scott, Sharpe, F. N. Smith, J. R. Smith, Snow, Talley, Taylor, Townsend, Vaughn, Weeks, Whatley, Whipper, Wilder, Witherspoon, A. Young and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 33-42-75 SO AS TO PROVIDE THAT ANY MANUFACTURER, BREWER, OR IMPORTER OF BEER OR ITS AFFILIATE MAY HOLD AN INTEREST IN A LIMITED PARTNERSHIP PROVIDING FINANCIAL ASSISTANCE TO A GENERAL PARTNER WHOLESALER UNDER CERTAIN CONDITIONS, RESTRICTIONS, AND LIMITATIONS.
Rep. WHIPPER made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Joint Resolution was taken up:
H. 3302 (Word version) -- Reps. Leach and Wilkins: A JOINT RESOLUTION TO CREATE AN ADOPTIONS PROCEDURE STUDY COMMITTEE, TO PROVIDE FOR ITS MEMBERSHIP AND ITS SCOPE OF STUDY, TO REQUIRE THE COMMITTEE TO REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY, AND TO ABOLISH THE COMMITTEE UPON SUBMISSION OF ITS REPORT.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\11513AC01), which was adopted:
Amend the Joint Resolution, as and if amended, Section 1(A)(5), Page 1, line 31, by deleting /a regional adoption administrator/ and inserting /an adoption administrator/. So when amended Section 1(A)(5) reads:
/(5) an adoption administrator of the Department of Social Services, appointed by the Director of the Department of Social Services;/
Amend the Joint Resolution further, Section 1(A) by deleting items (9) and (10) and inserting:
/ (9) the director of the Foster Care Review Board;
(10) a member of a local foster care review board, appointed by the Governor;
(11) the director of the South Carolina Guardian ad Litem Program;
(12) the director of the Richland County Guardian ad Litem Program;
(13) a representative of a private adoption agency, appointed by the Governor./
Amend the joint resolution, further, Section 1(B) page 2, line 13 after the /./ by inserting /The committee's review shall further include, but is not limited to, issues concerning the necessity of a putative father registry and problems relating to adoption subsidies, parental consent requirements, relinquishment of parental rights issues, licensing of persons facilitating adoptions, providing adequate notice of hearings to foster parents regarding their foster child and providing them with an opportunity to address the court, and the length of time required for foster parents to complete an adoption./
Renumber sections to conform.
Amend totals and title to conform.
Rep. EASTERDAY explained the amendment.
The amendment was then adopted.
Rep. EASTERDAY proposed the following Amendment No. 2 (Doc Name COUNCIL\NBD\AMEND\11516AC01), which was adopted:
Amend the joint resolution, as and if amended, Section 1 by adding at the end:
/(E) The committee must be staffed by personnel as provided and assigned by the President Pro Tempore of the Senate, by the Speaker of the House of Representatives, and by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. EASTERDAY explained the amendment.
The amendment was then adopted.
The Joint Resolution, as amended, was read the second time and ordered to third reading.
On motion of Rep. LEACH, with unanimous consent, it was ordered that H. 3302 be read the third time tomorrow.
The following Bill was taken up:
H. 3427 (Word version) -- Reps. Knotts, Barrett, Govan, Thompson, Whatley, White and Lourie: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING BY ADDING ARTICLE 87 SO AS TO PROVIDE FOR THE ISSUANCE OF SPECIAL LICENSE PLATES TO WORLD WAR II VETERANS AND TO PROVIDE FOR THE USE OF A CERTAIN PORTION OF THE FEES COLLECTED FROM THE ISSUANCE OF THIS LICENSE PLATE.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\AMEND\ 22981CM01), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-8500. (A) The department may issue special motor vehicle license plates to World War II veterans or their spouses for private motor vehicles registered in their names. The fee for the issuance of this special motor vehicle license plate is twenty dollars biennially, which must be distributed to the State Department of Education and used to support and promote ROTC programs in the state's public schools. This twenty dollar fee shall be in addition to the regular motor vehicle registration fee contained in Article 5, Chapter 3 of this title.
(B) Before the department produces and distributes a special license plate pursuant to this section, it must receive:
(1) four hundred prepaid applications for the special license plate or a deposit of four thousand dollars from the individual or organization seeking issuance of the license plate. If a deposit of four thousand dollars is made by an individual or organization pursuant to this section, the department must refund the four thousand dollars once an equivalent amount of license plate fees is collected for that organization's license plate. If the equivalent amount is not collected within four years of the first issuance of the license plate, then the department must retain the deposit.
(2) a plan to market the sale of the special license plate that must be approved by the department.
(C) If the department receives less than three hundred biennial applications and renewals for a particular license plate, it shall not produce additional special license plates in that series. The department shall continue to issue special license plates of that series until the existing inventory is exhausted."
SECTION 2. This act takes effect upon approval by the Governor. /
Amend title to conform.
Rep. TOWNSEND explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. TOWNSEND, with unanimous consent, it was ordered that H. 3427 be read the third time tomorrow.
The following Bill was taken up:
H. 3590 (Word version) -- Reps. White, Coates, Cooper, Hinson, Law, Littlejohn, Martin, McGee, Meacham-Richardson, Riser, Sandifer, Sinclair, Trotter and A. Young: A BILL TO AMEND SECTION 56-1-286, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUSPENSION OF A DRIVER'S LICENSE OR PERMIT, AND THE DENIAL OF ISSUANCE OF A DRIVER'S LICENSE OR PERMIT BY THE DEPARTMENT OF PUBLIC SAFETY TO A PERSON UNDER THE AGE OF TWENTY-ONE WHO DRIVES A MOTOR VEHICLE AND HAS AN ALCOHOL CONCENTRATION OF TWO ONE-HUNDREDTHS OF ONE PERCENT OR MORE, SO AS TO INCREASE THE FEE FOR A TEMPORARY ALCOHOL-RESTRICTED DRIVER'S LICENSE FROM TWENTY-FIVE DOLLARS TO ONE HUNDRED DOLLARS, TO PROVIDE THAT SEVENTY-FIVE DOLLARS OF THE FEE MUST BE RETAINED BY THE DEPARTMENT OF PUBLIC SAFETY, AND TO DELETE THE PROVISION THAT REQUIRES A PORTION OF THE FEE TO BE RETAINED BY THE DEPARTMENT FOR ADMINISTRATIVE COSTS ASSOCIATED WITH THE ISSUANCE OF A TEMPORARY ALCOHOL RESTRICTED DRIVER'S LICENSE.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\AMEND\ 22988CM01), which was adopted:
Amend the bill, as and if amended, Section 56-1-286(K)(1), as contained in SECTION 1, by inserting after the / . / on line 42, page 1:
/ Twenty-five dollars of the fee must be distributed to the Department of Alcohol and Other Drug Abuse Services for use in educating persons under the age of twenty-one about the dangers of driving a motor vehicle while under the influence of alcohol and other drugs. / ; and by deleting / seventy-five / on line 42, page 1, and inserting / fifty /.
When amended Section 56-1-286(K)(1) shall read:
"(1) obtain a temporary alcohol restricted license by filing with the department a form after enrolling in an Alcohol and Drug Safety Action Program. A thirty one hundred dollar fee must be assessed for obtaining a temporary alcohol restricted license. Twenty-five dollars of the fee must be retained by the department for supplying and maintaining all necessary vehicle videotaping equipment. Twenty-five dollars of the fee must be distributed to the Department of Alcohol and Other Drug Abuse Services for use in educating persons under the age of twenty-one about the dangers of driving a motor vehicle while under the influence of alcohol and other drugs. The remaining five fifty dollars must be retained by the department for administrative costs associated with the issuance of the temporary alcohol restricted licenses. The temporary alcohol restricted license allows the person to drive without any restrictive conditions pending the outcome of the administrative hearing provided for in this section or the final decision or disposition of the matter; and"
Amend title to conform.
Rep. MARTIN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. TOWNSEND, with unanimous consent, it was ordered that H. 3590 be read the third time tomorrow.
The motion period was dispensed with on motion of Rep. HARRELL.
The following Bill was taken up:
H. 3480 (Word version) -- Reps. J. E. Smith and Miller: A BILL TO AMEND SECTION 56-5-2360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DRIVER OF A VEHICLE YIELDING THE RIGHT-OF-WAY TO AN EMERGENCY OR POLICE VEHICLE WHEN AN EMERGENCY OR POLICE VEHICLE MAKES USE OF CERTAIN SIGNALS, SO AS TO PROVIDE THAT WHEN A POLICE VEHICLE MAKES USE OF A VISUAL AS WELL AS AUDIBLE SIGNAL, THE DRIVER OF EVERY OTHER VEHICLE MUST YIELD THE RIGHT-OF-WAY TO THE POLICE VEHICLE.
Rep. LOFTIS proposed the following Amendment No. 1 (Doc Name COUNCIL\PT\AMEND\1397DW01), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 56-5-2360(a) of the 1976 Code is amended to read:
"(a) Upon the immediate approach of an authorized emergency vehicle making use of an audible signal meeting the requirements of Section 56-5-4970 and visual signals meeting the requirements of Section 56-5-4700, or of a police vehicle properly and lawfully making use of an audible signal and visual signal only, the driver of every other vehicle traveling along a two-lane roadway shall yield the right-of-way and shall immediately drive to a position parallel to, and as close as possible, to the right hand edge or curb of the roadway clear of any intersection and shall stop and remain in such that position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer. A driver of a vehicle traveling along a multilane roadway shall yield the right-of-way and shall remain in, or move to a location that allows the emergency vehicle or police vehicle to pass safely, except as otherwise directed by a police officer."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. RUTHERFORD explained the amendment.
Rep. MCGEE spoke against the amendment.
Rep. MCGEE moved to table the amendment.
Rep. MOODY-LAWRENCE demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Askins Barfield Barrett Battle Bingham Bowers Campsen Cato Chellis Coates Cooper Cotty Dantzler Easterday Edge Emory Gourdine Hamilton Harrell Harrison Haskins Hinson Keegan Kelley Kirsh Klauber Knotts Koon Law Leach Limehouse Littlejohn Lourie Lucas Martin McGee Meacham-Richardson Merrill Miller Owens Phillips Quinn Rhoad Rice Riser Rodgers Sandifer Scarborough Sharpe Simrill Sinclair Smith, D.C. Smith, J.E. Smith, J.R. Smith, W.D. Talley Thompson Tripp Vaughn Walker Webb Whatley White Wilkins Young, A. Young, J.
Those who voted in the negative are:
Brown, G. Brown, J. Brown, R. Carnell Clyburn Coleman Davenport Freeman Frye Govan Hines, M. Hosey Howard Lee Lloyd Loftis Mack McLeod Moody-Lawrence Neal, J.H. Ott Parks Rivers Robinson Rutherford Sheheen Smith, F.N. Weeks Wilder
So, the amendment was tabled.
Rep. SIMRILL proposed the following Amendment No. 2 (Doc Name COUNCIL\NBD\AMEND\11531AC01), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 56-5-2360(a) of the 1976 Code is amended to read:
"(a) Upon the immediate approach of an authorized emergency vehicle making use of an audible signal meeting the requirements of Section 56-5-4970 and visual signals meeting the requirements of Section 56-5-4700, or of a police vehicle properly and lawfully making use of an audible signal or visual signal only, the driver of every other vehicle traveling along a two-lane roadway shall yield the right-of-way and shall immediately drive to a position parallel to, and as close as possible, to the right hand edge or curb of the roadway clear of any intersection and shall stop and remain in such that position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer. A driver of a vehicle traveling along a multilane roadway shall yield the right-of-way and shall remain in, or move to a location that allows the emergency vehicle or police vehicle to pass safely, except as otherwise directed by a police officer."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. SIMRILL explained the amendment.
Rep. MCGEE spoke in favor of the amendment.
The amendment was then adopted.
Rep. RUTHERFORD moved to recommit the Bill to the Committee on Judiciary.
Rep. MCGEE moved to table the motion.
Rep. SIMRILL demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Askins Barfield Barrett Battle Bingham Bowers Brown, J. Campsen Carnell Cato Chellis Coates Cooper Cotty Dantzler Easterday Edge Emory Fleming Freeman Frye Gourdine Hamilton Harrell Harrison Harvin Haskins Hinson Keegan Kelley Kennedy Kirsh Klauber Knotts Koon Law Leach Limehouse Littlejohn Lourie Lucas Martin McCraw McGee McLeod Meacham-Richardson Merrill Miller Moody-Lawrence Neal, J.M. Ott Owens Parks Phillips Quinn Rhoad Rice Riser Rivers Rodgers Sandifer Scarborough Simrill Sinclair Smith, D.C. Smith, F.N. Smith, J.E. Smith, J.R. Snow Talley Thompson Tripp Vaughn Walker Webb Whatley Whipper White Wilder Wilkins Young, A. Young, J.
Those who voted in the negative are:
Breeland Brown, G. Brown, R. Davenport Hines, J. Hines, M. Hosey Lee Lloyd Loftis Mack Neal, J.H. Rutherford Sheheen Weeks
So, the motion to recommit the Bill was tabled.
Rep. MCGEE proposed the following Amendment No. 3 (Doc Name COUNCIL\NBD\AMEND\11533AC01), which was ruled out of order:
Amend the bill, as and if amended, by adding an appropriately numbered Section to read:
/SECTION ___. The 1976 Code is amended by adding:
"Section 56-5-70. Notwithstanding any provision of this chapter or any other provision of law, during a state of emergency declared by the Governor and for thirty days thereafter, requirements relating to registration, permitting, size, weight, load, and time of service are suspended for commercial and utility vehicles responding to the state of emergency. All vehicles operated upon the public highways of this State under the authority of this section must:
(1) be operated in a safe manner;
(2) maintain required limits of insurance;
(3) be clearly identified as a utility vehicle or with signage indicating they are a commercial vehicle responding to the emergency; and
(4) be escorted if the vehicle or vehicle combination exceeds twelve feet in width or sixty-five feet in length, bumper to bumper."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. MCGEE explained the amendment.
Rep. RUTHERFORD raised the Point of Order that Amendment No. 3 was out of order in that it was not germane to the Bill under Rule 9.3.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Allison Askins Barrett Battle Bingham Bowers Brown, G. Campsen Carnell Cato Chellis Clyburn Coates Coleman Cooper Cotty Dantzler Easterday Edge Emory Fleming Freeman Frye Gourdine Govan Harrell Harrison Hinson Keegan Kelley Kirsh Klauber Knotts Koon Law Leach Limehouse Littlejohn Lourie Lucas Martin McCraw McGee McLeod Meacham-Richardson Merrill Miller Neal, J.M. Ott Owens Phillips Quinn Rice Riser Rivers Robinson Rodgers Sandifer Scarborough Sharpe Sheheen Simrill Sinclair Smith, D.C. Smith, J.E. Smith, J.R. Snow Talley Thompson Tripp Vaughn Walker Webb Whatley Whipper White Wilder Wilkins Young, A. Young, J.
Those who voted in the negative are:
Breeland Brown, J. Brown, R. Davenport Hines, M. Hosey Kennedy Lee Lloyd Loftis Mack Moody-Lawrence Parks Rutherford Weeks
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. KNOTTS asked unanimous consent that H. 3480 be read a third time tomorrow.
Rep. MARTIN objected.
Rep. F. N. SMITH moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 3922 (Word version) -- Rep. Thompson: A CONCURRENT RESOLUTION HONORING THE MEMORY OF ARTHUR E. HOLMAN, JR., ONE OF ANDERSON COUNTY'S ABLEST AND MOST DISTINGUISHED LEADERS AND OFFERING THE SINCERE CONDOLENCES OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO HIS WONDERFUL FAMILY AND COUNTLESS FRIENDS.
H. 3924 (Word version) -- Reps. Battle and Hayes: A CONCURRENT RESOLUTION TO COMMEND JAROD GERALD OF MULLINS HIGH SCHOOL FOR AN OUTSTANDING BASKETBALL SEASON THAT ENDED WITH HIS BEING NAMED THE CLASS AA MR. BASKETBALL, THE AWARD GIVEN TO THE TOP SENIOR BASKETBALL PLAYER IN EACH SOUTH CAROLINA HIGH SCHOOL CLASSIFICATION.
At 1:15 p.m. the House, in accordance with the motion of Rep. COATES, adjourned in memory of Phil Gee, Sr., to meet at 10:00 a.m. tomorrow.
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