Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rep. HAMILTON as follows:
O God, the Giver of all good gifts, grant us the ability to know what is worth knowing, to love that which is worth loving, and to praise that which pleases You, to hold fast to that which is precious to You, and to reject that which is evil in Your sight. Teach us to value things according to their true worth, and enable us to honor You by our obedience to Your will. May we willingly except the discipline of our work and through it confidently to declare our faith. Direct us with Your most gracious favor, and further us with Your continual help. Thank You, Lord, for this privilege of prayer. 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. SCARBOROUGH moved that when the House adjourns, it adjourn in memory of Rufus C. Barkley, Jr. of Charleston, which was agreed to.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3996 (Word version) -- Reps. Edge, Harrison and Jennings: A BILL TO AMEND CHAPTER 37, TITLE 5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MUNICIPAL IMPROVEMENTS, BY ADDING SECTION 5-37-46 SO AS TO PROVIDE THAT THE PROVISIONS OF SECTION 5-37-45 DO NOT APPLY TO ANY AREA PROPOSED FOR INCLUSION WITHIN AN IMPROVEMENT DISTRICT WHICH, WITHIN THREE YEARS
The following was introduced:
H. 4186 (Word version) -- Reps. J. Young, G. Brown, J. H. Neal, G. M. Smith and Weeks: A HOUSE RESOLUTION TO COMMEND THE MEMBERS AND COACHES OF THE WILSON HALL BARONS, FROM SUMTER, SOUTH CAROLINA, UPON WINNING THE SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION (SCISA) AAA REGION BASEBALL STATE CHAMPIONSHIP AND TO RECOGNIZE THEM FOR SUCH AN OUTSTANDING SEASON.
The Resolution was adopted.
The following was introduced:
H. 4187 (Word version) -- Reps. G. M. Smith, G. Brown, J. H. Neal, Weeks and J. Young: A HOUSE RESOLUTION EXPRESSING THE SORROW OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH CAROLINA AT THE UNTIMELY DEATH OF LEWIS HEYWARD FORT OF SUMTER ON MAY 14, 2001, AND EXTENDING ITS SINCERE SYMPATHY TO HIS FAMILY AND FRIENDS.
The Resolution was adopted.
The following Bill was introduced, read the first time, and referred to appropriate committee:
S. 601 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 37-17-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF PERSONS WHO SELL PRESCRIPTION DRUG DISCOUNT CARDS, SO AS TO PROVIDE THAT SUCH
The roll call of the House of Representatives was taken resulting as follows:
Allen Allison Altman Bales Barfield Barrett Battle Bingham Breeland Brown, G. Brown, J. Brown, R. Campsen Carnell Cato Chellis Clyburn Coates Coleman Cooper Cotty Dantzler Delleney Easterday Edge Emory Fleming Freeman Frye Gilham Gourdine Hamilton Harrell Harrison Haskins Hayes Hines, J. Hines, M. Hinson Hosey Howard Huggins Jennings Keegan Kelley Kennedy Kirsh Klauber Knotts Koon Law Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack Martin McCraw McGee McLeod Meacham-Richardson Merrill Miller Neal, J.M. Ott Owens Parks Perry Phillips Rhoad Rice Riser Rivers Robinson Rodgers Sandifer Scarborough
Sharpe Simrill Sinclair Smith, D.C. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Snow Stille Stuart Talley Taylor Thompson Townsend Vaughn Walker Webb Weeks Whatley Whipper White Wilder Wilkins Young, A. Young, J.
I came in after the roll call and was present for the Session on Thursday, May 24.
William Bowers Vincent Sheheen John Scott Ralph Davenport Joseph Neal Gilda Cobb-Hunter Bessie Moody-Lawrence Harry Askins Fletcher Smith Jerry Govan Todd Rutherford Richard Quinn Alex Harvin
Announcement was made that Dr. Gerald Wilson of Columbia is the Doctor of the Day for the General Assembly.
Reps. LOURIE, COTTY, SCOTT and HOWARD presented to the House the Richland Northeast High School Model United Nations Team, winners for the twelfth straight year of the International Championship; the Richland Northeast High School Scholastic Aptitude Test Academic Team, the 2001 Class AAAA Scholastic Aptitude Test Champions, their coaches and other school officials.
Reps. CHELLIS and A. YOUNG presented to the House the Summerville High School Boys' Track Team, the Class AAAA Champions, their coaches and other school officials.
Rep. WILKINS and the Greenville Delegation presented to the House the Christ's Church Episcopal School Boys' Golf Team, Girls' Soccer Team, Boys' Soccer Team, Boys' Tennis Team and the SAT Team for winning the State Championship in their respective sports and academic endeavors, their coaches and other school officials.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 3010 (Word version)
Date: ADD:
05/24/01 OWENS
Bill Number: H. 3007 (Word version)
Date: ADD:
05/24/01 COBB-HUNTER
The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments:
S. 627 (Word version) -- Senator Saleeby: A BILL TO PROVIDE FOR THE BUDGET AND TAX LEVIES OF FLORENCE COUNTY SCHOOL DISTRICT FOUR, AND TO PROVIDE FOR THE MANNER OF ELECTION OF THE BOARD OF TRUSTEES OF FLORENCE COUNTY SCHOOL DISTRICT FOUR; AND TO PROVIDE THAT FLORENCE COUNTY SCHOOL DISTRICT FOUR IS EXEMPTED FROM THE REQUIREMENTS OF ACT 806 OF 1952, AS AMENDED, RELATING TO THE ELECTION OF SCHOOL BOARD TRUSTEES, BUDGETS, AND APPROVAL OF TAX LEVIES.
S. 87 (Word version) -- Senators Ravenel, Branton, Passailaigue, McGill, Mescher and Elliott: A BILL TO AMEND ARTICLE 5, CHAPTER 23, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-23-443 SO AS TO PROHIBIT SHOOTING A WEAPON, ARCHERY EQUIPMENT, OR OTHER DEVICE THAT SHOOTS OR HURLS A PROJECTILE INTO OR ACROSS PRIVATE PROPERTY WITHOUT THE OWNER'S PERMISSION, TO PROVIDE FOR THE MANNER IN WHICH LAW ENFORCEMENT OFFICERS MAY CHARGE A PERSON FOR A VIOLATION, AND TO PROVIDE EXCEPTIONS AND PENALTIES FOR VIOLATIONS.
The following Bill was taken up:
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.
Reps. KELLEY, KEEGAN, EDGE and MILLER proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\AMEND\ 20717SD01), which was adopted:
However, if the dates required by this section in any year are earlier than the dates set by the State Board of Education through the Department of Education for the administration of the Palmetto Achievement Challenge Test in other school districts of this state for that year, the governing board of the school system shall reschedule the administration of the PACT Test in the county to the earliest dates that will be after the statewide administration of the test and that will allow completion of the test during the same week. /
Renumber sections to conform.
Amend totals and 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. KELLEY, with unanimous consent, it was ordered that H. 3925 (Word version) be read the third time tomorrow.
Rep. WHITE moved to adjourn debate upon the following Bill, which was adopted:
H. 4144 (Word version) -- Reps. Tripp and Townsend: A BILL TO INCLUDE WITHIN ANDERSON SCHOOL DISTRICT NO. 2 IN ANDERSON COUNTY A CERTAIN AREA OF GREENVILLE COUNTY.
The following Joint Resolution was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification:
S. 130 (Word version) -- Senator Holland: A JOINT RESOLUTION TO MAKE RETROACTIVE PAYMENTS OF OUTSTANDING VOUCHERS IN THE OFFICE OF INDIGENT DEFENSE'S APPELLATE CONFLICT FUND FROM JULY 1, 1993, THROUGH JULY 31, 2000, FOR TOTAL REIMBURSEMENT NOT EXCEEDING THIRTY-FIVE THOUSAND DOLLARS, AND TO PROVIDE THAT REQUESTS FOR COMPENSATION MUST BE SUBMITTED NO LATER THAN NINETY DAYS AFTER THE EFFECTIVE DATE OF THIS PROVISION.
The following Bill was taken up, read the third time, and ordered sent to the Senate:
H. 4163 (Word version) -- Reps. Knotts, Bingham, Riser, Stuart, Koon and Quinn: A BILL TO REQUIRE ALL SCHOOL DISTRICTS IN LEXINGTON COUNTY TO OBSERVE ALL LEGAL STATE HOLIDAYS BY CLOSING SCHOOLS AND SCHOOL DISTRICT OFFICES ON THESE HOLIDAYS.
Rep. FLEMING moved to adjourn debate upon the following Bill until Tuesday, May 29, which was adopted:
S. 63 (Word version) -- Senators Mescher, Grooms, Richardson, McGill, Elliott, Reese and Branton: A BILL TO AMEND SECTION 7-13-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FILING FEES FOR PARTY PRIMARIES, SO AS TO PROVIDE THAT THE COUNTY POLITICAL PARTY MAY RETAIN TEN PERCENT OF THE FILING FEES PAID BY CANDIDATES.
The following Bill was taken up:
H. 3010 (Word version) -- Reps. Knotts, Sandifer, Davenport, J. Young, Robinson, Huggins, Bingham, Rodgers, Delleney, Rice, Sharpe, Simrill,
Rep. J. H. NEAL proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\AMEND\20716SD01), which was adopted:
Amend the bill, as and if amended, in Section 23-31-215(M) of the 1976 Code, as contained in SECTION 5, page 7, by striking items (9) and (10) and inserting:
/ (9) church or other established religious sanctuary unless express permission is given by the appropriate church official or governing body; or
(10) hospital, medical clinic, doctor's office, or any other facility where medical services or procedures are performed unless expressly authorized by the employer. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. J. H. NEAL 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. KNOTTS, with unanimous consent, it was ordered that H. 3010 (Word version) be read the third time tomorrow.
Rep. MCGEE moved to adjourn debate upon the following Bill until Tuesday, May 29, which was adopted:
S. 321 (Word version) -- Senator Leatherman: A BILL TO AMEND ARTICLE 7, CHAPTER 4, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALCOHOLIC BEVERAGE CONTROL LAWS AFFECTING WINE ONLY, BY ADDING SECTION 61-4-737 SO AS TO AUTHORIZE THE HOLDER OF A RETAIL WINE PERMIT TO CONDUCT NOT MORE THAN SIX WINE TASTINGS AT THE RETAIL LOCATION IN A CALENDAR YEAR.
The following Bill was taken up:
S. 229 (Word version) -- Senators Hayes, Wilson, Branton, Hawkins, Ravenel and Leventis: A BILL TO AMEND CHAPTER 1, TITLE 25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MILITARY CODE BY ADDING SECTION 25-1-160 SO AS TO ENCOURAGE OWNERS OF LAND TO MAKE LAND AND WATER AREAS AVAILABLE TO THE MILITARY DEPARTMENT FOR TRAINING AND OPERATIONAL PURPOSES BY DEFINING AND LIMITING THE OWNER'S DUTY OF CARE AND LIMITING THE OWNER'S LIABILITY TOWARD MILITARY PERSONS ENTERING THE OWNER'S LAND; BY ADDING SECTION 25-1-2260 SO AS TO PROVIDE FOR THE GRANTING OF CONTINUANCES IN COURT CASES WHEN A PARTY OR HIS ATTORNEY IS ABSENT BY REASON OF ATTENDANCE ON ACTIVE DUTY AS A MEMBER OF THE NATIONAL GUARD; BY ADDING SECTION 25-1-2957 SO AS TO PROVIDE THAT A PERSON SUBJECT TO THE MILITARY CODE WHO RECKLESSLY ENDANGERS THE LIFE OR SAFETY OF ANOTHER MAY BE PUNISHED AS A COURT-MARTIAL MAY DIRECT; TO AMEND SECTION 25-1-10, RELATING TO DEFINITIONS, SO AS TO DEFINE "UNIT MAINTENANCE FUND"; TO AMEND SECTION 25-1-40, RELATING TO APPLICABILITY OF THE UNIFORM CODE OF MILITARY JUSTICE, SO AS TO PROVIDE WHEN PRECEDENTS ESTABLISHED IN THE UNIFORM CODE OF MILITARY JUSTICE SHALL BE IN FORCE AND REGARDED AS PART OF
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SKB\AMEND\18554SOM01), which was adopted:
Amend the bill, as and if amended, by deleting SECTIONS 12, 14, 36, and 49 in their entirety.
Amend the bill further by adding an appropriately numbered SECTION to read:
/ SECTION __. The 1976 Code is amended by adding:
"Section 25-1-2455. (A) A military judge must be appointed by the Adjutant General from among the military forces. To be eligible for appointment as a military judge, the person must be:
(1) a member in good standing of the bar in at least one state;
(2) a judge advocate;
(3) an active member of the National Guard; and
(4) hold the rank of major or above.
(B) A military judge must not be under the supervision of the state judge advocate or any other judge advocate in the South Carolina National Guard. Nothing in this section changes the authority of the National Guard Bureau or the Judge Advocate Generals of the Army or Air Force over the military judge.
(C) Subject to any limitations imposed by the South Carolina Code of Laws, a military judge presides at all general and special courts martial and has the same authority as a South Carolina Circuit Judge in General Sessions Court.
(D) A military judge must periodically review the military justice system and advise the Adjutant General on at least an annual basis of the state of military justice in the South Carolina National Guard.
(E) All contact between a military judge and the Adjutant General must comply with American Bar Association's Canons of Judicial Conduct and the applicable ethical standards for judges." /
Renumber sections to conform.
Amend title to conform.
Rep. BREELAND explained the amendment.
The amendment was then adopted.
Reps. QUINN and DAVENPORT requested debate on the Bill.
Rep. QUINN 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:
S. 498 (Word version) -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2A TO TITLE 36 SO AS TO ADD GENERAL PROVISIONS TO THE UNIFORM COMMERCIAL CODE REGARDING LEASES AND TO PROVIDE FOR THE FORMATION, CONSTRUCTION, EFFECT, PERFORMANCE, AND DEFAULT OF A LEASE CONTRACT; TO AMEND SECTION 36-1-201, AS AMENDED, RELATING TO
Rep. SIMRILL 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. 4115 (Word version) -- Reps. Wilkins and W. D. Smith: A JOINT RESOLUTION TO PROVIDE THAT THE TIME PERIODS STIPULATED IN THE ADMINISTRATIVE PROCEDURES ACT FOR THE GENERAL ASSEMBLY TO APPROVE, DISAPPROVE, OR OTHERWISE ACT ON REGULATIONS ARE TOLLED FROM JUNE 7, 2001, UNTIL THE DATE THE GENERAL ASSEMBLY RECONVENES FOR ITS 2002 SESSION, TO PROVIDE THAT THE AUTHORITY FOR THE GENERAL ASSEMBLY TO APPROVE, DISAPPROVE, OR OTHERWISE ACT ON REGULATIONS ALSO CEASES FROM JUNE 7, 2001, UNTIL THE DATE THE GENERAL ASSEMBLY RECONVENES FOR ITS 2002 SESSION, AND TO PROVIDE THAT FROM JUNE 7, 2001, UNTIL THE DATE THE GENERAL ASSEMBLY RECONVENES FOR ITS 2002 SESSION,
Rep. CAMPSEN explained the Joint Resolution.
Rep. SCOTT made the Point of Order that the Joint Resolution 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, read the second time, and ordered to a third reading:
S. 585 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, RELATING TO CRIMINAL JUSTICE INFORMATION SYSTEM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2533, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Rep. DELLENEY, with unanimous consent, it was ordered that S. 585 (Word version) be read the third time tomorrow.
The following Bill was taken up:
S. 469 (Word version) -- Senators Martin, Fair and McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-5, SO AS TO PROVIDE THAT THE COMMON LAW "YEAR-AND-A-DAY RULE" IS ABROGATED IN THIS STATE; AND TO AMEND SECTION 50-21-115, RELATING TO RECKLESS HOMICIDE BY OPERATION OF A BOAT, SO AS TO DELETE LANGUAGE REQUIRING DEATH TO HAVE OCCURRED WITHIN ONE YEAR AS A PROXIMATE RESULT OF AN INJURY; TO AMEND SECTION 56-5-2910, RELATING TO RECKLESS HOMICIDE, SO AS TO DELETE LANGUAGE
Rep. QUINN 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:
S. 489 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 16-23-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISCHARGING FIREARMS AT OR INTO DWELLINGS OR OCCUPIED STRUCTURES, SO AS TO ADD A PROHIBITION AGAINST DISCHARGING FIREARMS AT OR INTO ANY VEHICLE, AIRCRAFT, WATERCRAFT, OR OTHER CONVEYANCE, DEVICE, OR EQUIPMENT WHILE IT IS OCCUPIED.
Rep. HARRISON 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:
S. 492 (Word version) -- Senators McConnell and Giese: A BILL TO AMEND SECTION 23-3-620, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS REQUIRED TO PROVIDE A SAMPLE FOR THE STATE DNA DATABASE, SO AS TO PROVIDE THAT PERSONS CONVICTED OF BURGLARY, SECOND DEGREE (SECTION 16-11-312(A)) MUST PROVIDE A SAMPLE FOR THE STATE DNA DATABASE.
Rep. WEEKS 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:
S. 339 (Word version) -- Senators Ryberg, Grooms, Branton, Waldrep, Fair, Thomas, Leatherman, Wilson, Hayes, Giese, Gregory and Verdin: A BILL TO AMEND SECTION 44-23-1150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF A STATE OR LOCAL GOVERNMENT EMPLOYEE HAVING SEXUAL INTERCOURSE WITH A PATIENT OR TRAINEE OF A MENTAL HEALTH FACILITY OR AN INMATE OF A CORRECTIONAL FACILITY SO AS TO BROADEN THE SCOPE OF THE STATUTE TO COVER SUPERVISORY SITUATIONS OUTSIDE OF AN INSTITUTION, TO PROVIDE DEFINITIONS, TO PROVIDE AN OFFENSE OF SEXUAL MISCONDUCT THAT DOES NOT INCLUDE INTERCOURSE, AND TO PROVIDE AN OFFENSE OF FALSELY REPORTING SEXUAL MISCONDUCT.
Rep. QUINN 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. 4060 (Word version) -- Reps. Limehouse, Harrell, Ott, Owens, Scarborough and D. C. Smith: A BILL TO AMEND SECTION 50-5-1705, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CATCH LIMITS FOR RED DRUM AND CERTAIN OTHER FISH, SO AS TO CHANGE THE CATCH LIMIT FOR RED DRUM FROM FIVE FISH IN POSSESSION PER DAY TO ONE FISH IN POSSESSION
Rep. WHATLEY 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:
S. 394 (Word version) -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-135, SO AS TO PROVIDE THAT COURT-APPOINTED GUARDIANS AD LITEM IN CUSTODY CASES MUST MAKE CERTAIN DISCLOSURES UPON THEIR APPOINTMENT.
Rep. KNOTTS 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:
S. 182 (Word version) -- Senators Hawkins, Ritchie, Reese and Branton: A BILL TO AMEND SECTION 16-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SENTENCING PROCEEDING TO DETERMINE WHETHER A PERSON CONVICTED OF MURDER SHOULD BE SENTENCED TO DEATH, SO AS TO PROVIDE THAT THE MURDER OF A
Rep. WEEKS 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. 4044 (Word version) -- Rep. Campsen: A BILL TO ENACT THE SOUTH CAROLINA TRUSTS, ESTATES, AND PROBATE REFORM ACT; TO AMEND SUBARTICLE 5, ARTICLE 3, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM GIFTS TO MINORS ACT, SO AS TO DESIGNATE SUBARTICLE 5 AS THE "UNIFORM TRANSFERS TO MINORS ACT", TO CHANGE THE AGE OF DISTRIBUTION TO TWENTY-ONE YEARS, INCLUDE BOTH GRATUITOUS TRANSFERS AND TRANSFERS FOR CONSIDERATION TRANSFERS AND BOTH LIFETIME TRANSFERS AND TRANSFERS FROM TRUSTS, ESTATES, AND GUARDIANSHIPS, AND LIMIT THE MINOR'S LIABILITY TO THIRD PARTIES TO CASES OF PERSONAL FAULTY; TO AMEND SECTION 62-7-302, AS AMENDED, RELATING TO A TRUSTEE'S STANDARD OF CARE, SO AS TO DESIGNATE THE SECTION AS THE "UNIFORM PRUDENT INVESTOR ACT", TO RECOGNIZE THE PRUDENT INVESTOR RULE AND THE TOTAL RETURN THEORY OF INVESTMENT MANAGEMENT; TO AMEND PART 4, ARTICLE 7, CHAPTER 7, TITLE 62, RELATING TO THE UNIFORM PRINCIPAL AND INCOME ACT, SO AS TO DESIGNATE PART 4 AS THE "UNIFORM PRINCIPAL AND INCOME ACT OF 1997"; TO PERMIT THE ALLOCATION OF BENEFICIARY RECEIPTS BY A TRUSTEE TO INCOME INSTEAD OF TO PRINCIPAL UNDER CERTAIN SPECIFIED CIRCUMSTANCES AND IN RECOGNITION OF TOTAL RETURN THEORY OF INVESTMENT; TO AMEND SECTION 62-5-501, AS AMENDED, RELATING TO THE DURABLE POWER OF ATTORNEY, SO AS TO PROVIDE FOR REASONABLE COMPENSATION FOR AN
Rep. RHOAD 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:
S. 557 (Word version) -- Senators Matthews, Patterson, Hutto, Saleeby, Land, O'Dell, Jackson, Ford, Glover and Anderson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-127-85 SO AS TO AUTHORIZE THE BOARD OF TRUSTEES OF SOUTH CAROLINA STATE UNIVERSITY TO ENTER INTO A GROUND LEASE AGREEMENT WITH A PRIVATE ENTITY FOR PROVIDING ALL SERVICES NECESSARY TO THE CREATION AND OPERATION OF AN ON-CAMPUS STUDENT HOUSING FACILITY INCLUDING, BUT NOT LIMITED TO, FINANCING, DESIGNING, CONSTRUCTING, MANAGING, OPERATING, MAINTAINING, AND RELATED SERVICES, TO PROVIDE FOR THE TERMS AND CONDITIONS OF THIS GROUND LEASE AGREEMENT INCLUDING APPROVAL BY THE BUDGET AND CONTROL BOARD, AND TO PROVIDE THAT THE COMMISSION ON HIGHER EDUCATION SHALL EVALUATE THE VIABILITY AND SUCCESS OF THIS GROUND LEASE AGREEMENT AUTHORIZATION FOR POSSIBLE IMPLEMENTATION STATEWIDE FOR ALL PUBLIC INSTITUTIONS OF HIGHER LEARNING WHICH PROVIDE ON-CAMPUS STUDENT HOUSING.
Rep. KNOTTS 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. 3678 (Word version) -- Rep. Rice: A BILL TO AMEND SECTION 56-3-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GRACE PERIOD FOR REGISTERING A MOTOR VEHICLE, SO AS TO PROVIDE THAT A MOTOR VEHICLE DEALER MUST ISSUE A TEMPORARY LICENSE PLATE TO CERTAIN PURCHASERS OF NEW OR USED MOTOR
Rep. SCOTT made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 3867 (Word version) -- Reps. Limehouse, Altman, Breeland, R. Brown, Campsen, Scarborough and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-5-195, SO AS TO NAME THE I-526 BRIDGE AND INTERCHANGE THAT SPANS U.S. HIGHWAY 17 AND U.S. HIGHWAY 7 IN CHARLESTON COUNTY AS THE "BOB HARRELL BRIDGE AND INTERCHANGE" IN HONOR OF THIS DISTINGUISHED SOUTH CAROLINIAN.
Rep. ALTMAN 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:
S. 211 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTION 56-1-440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR DRIVING A MOTOR VEHICLE WITHOUT A DRIVER'S LICENSE, SO AS TO REVISE THE PERIOD OF TIME IN WHICH A PERSON MAY HAVE A CHARGE OF DRIVING A MOTOR VEHICLE WITHOUT A DRIVER'S LICENSE DISMISSED; TO AMEND SECTION 56-10-225, AS AMENDED, RELATING TO MAINTAINING PROOF IN A REGISTERED MOTOR VEHICLE AT ALL TIMES THAT THE MOTOR VEHICLE IS INSURED, SO AS TO REVISE THE TIME PERIOD IN WHICH A PERSON CHARGED WITH FAILING TO MAINTAIN PROOF THAT A MOTOR VEHICLE IS INSURED MAY HAVE THE CHARGE DISMISSED.
Rep. WHATLEY 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:
S. 536 (Word version) -- Senator Wilson: 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.
Rep. SANDIFER 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. 4184 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO PALMETTO FELLOWS SCHOLARSHIP PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2601, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. STILLE explained the Joint Resolution.
Rep. BALES made the Point of Order that the Joint Resolution 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. 4185 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO NEED-BASED GRANTS PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2600, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. TOWNSEND made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number
Rep. HASKINS moved that the House recur to the Morning Hour, which was agreed to.
The following Bill was introduced, read the first time, and referred to appropriate committee:
H. 4188 (Word version) -- Reps. Hamilton, Lourie, Leach, Loftis, Moody-Lawrence, J. H. Neal, J. M. Neal, J. E. Smith and Webb: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-149-55 SO AS TO REVISE THE ELIGIBILITY CRITERIA TO RETAIN A LIFE SCHOLARSHIP FOR STUDENTS WHO RECEIVE A LIFE SCHOLARSHIP AS AN ENTERING FRESHMAN AND TO REVISE THE ELIGIBILITY CRITERIA TO RECEIVE A LIFE SCHOLARSHIP FOR STUDENTS WHO FAIL TO RETAIN A PALMETTO FELLOWS SCHOLARSHIP; AND TO AMEND SECTION 59-149-50, AS AMENDED, RELATING TO ELIGIBILITY FOR LIFE SCHOLARSHIPS, SO AS TO CONFORM THE PROVISIONS OF THIS SECTION TO THE PROVISIONS OF SECTION 59-149-55.
Referred to Committee on Education and Public Works
The following Bill was taken up:
H. 4144 (Word version) -- Reps. Tripp and Townsend: A BILL TO INCLUDE WITHIN ANDERSON SCHOOL DISTRICT NO. 2 IN ANDERSON COUNTY A CERTAIN AREA OF GREENVILLE COUNTY.
Rep. TRIPP, with unanimous consent, proposed the following Amendment No. 1 (Doc Name COUNCIL\PT\AMEND\1548DW01), which was adopted:
Amend the bill, as and if amended, SECTION 1, page 2, at the beginning of line 21, by striking /westside/ and inserting / eastside /
Amend title to conform.
The Bill, as amended, was read the third time and ordered sent to the Senate.
Upon the withdrawal of requests for debate by Reps. OTT, KIRSH, LITTLEJOHN, SIMRILL, PERRY, ROBINSON, RICE, EASTERDAY, PHILLIPS and J. H. NEAL, the following Bill was taken up:
S. 248 (Word version) -- Senators Martin, Leventis, Gregory, Branton and Alexander: A BILL TO AMEND SECTION 50-11-2200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WILDLIFE MANAGEMENT AREAS, SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY PROMULGATE REGULATIONS FOR THE PROTECTION, PRESERVATION, OPERATION, MAINTENANCE, AND USE OF WILDLIFE MANAGEMENT AREAS AND LAND OWNED BY THE DEPARTMENT INCLUDING, BUT NOT LIMITED TO, HIKING, ROCK CLIMBING, OPERATION OF MOTORIZED AND NONMOTORIZED VEHICLES, SWIMMING, CAMPING, HORSE RIDING, OPERATION OF BOATS, POSSESSION OF PETS, AND GATHERING PLANTS, AND TO PROVIDE PENALTIES FOR THE VIOLATION OF THIS SECTION.
Rep. ROBINSON proposed the following Amendment No. 3 (Doc Name COUNCIL\NBD\AMEND\11818AC01), which was adopted:
Amend the bill, as and if amended, by deleting Section 2 and inserting:
/SECTION 2. (A) This act takes effect upon approval by the Governor, except that Section 50-11-2200(C) of the 1976 Code, as added by Section 1 of this act, takes effect when final regulations promulgated by the Department of Natural Resources become effective in accordance with the Administrative Procedures Act.
(B) Notwithstanding the provisions of subsection (A), the Department of Natural Resources may promulgate emergency regulations in accordance with the Administrative Procedures Act
(1) hunting or taking wildlife or fish during closed season;
(2) exceeding bag or creel limits;
(3) hunting or taking wildlife;
(4) hiking;
(5) rock climbing;
(6) operation of motorized and nonmotorized vehicles;
(7) swimming;
(8) camping;
(9) horse riding;
(10) operation of boats;
(11) possession of pets;
(12) gathering plants;
(13) use of fire, except by the department for management purposes;
(14) polluting or contaminating any water;
(15) acting in a disorderly manner or creating any noise which would result in annoyance to others;
(16) operating or using audio device, including radio, television, musical instruments, or any other noise producing devices, such as electrical generators, and equipment driven by motor engines, in such a manner and at such times as to disturb other persons and no person shall operate or use any public address system./
Renumber sections to conform.
Amend totals and title to conform.
Rep. ROBINSON 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. OTT, with unanimous consent, it was ordered that S. 248 (Word version) be read the third time tomorrow.
Upon the withdrawal of requests for debate by Reps. MERRILL and PERRY, the following Bill was taken up:
S. 327 (Word version) -- Senators Thomas and Hutto: A BILL TO AMEND SECTION 4-9-145, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY CODE ENFORCEMENT OFFICERS, SO AS TO AUTHORIZE ENVIRONMENTAL ENFORCEMENT AND LITTER CONTROL OFFICERS, WHO ARE CERTIFIED AT A MINIMUM LEVEL OF CLASS TWO LAW ENFORCEMENT OFFICER, TO PERFORM CUSTODIAL ARRESTS, AND TO LIMIT THE NUMBER OF ENVIRONMENTAL ENFORCEMENT OFFICERS OR LITTER CONTROL OFFICERS TO ONE PER COUNTY OR ONE FOR EVERY THIRTY THOUSAND PERSONS IN THE COUNTY, WHICHEVER NUMBER IS GREATER.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SKB\AMEND\18549SOM01):
Amend the bill, as and if amended, by deleting Section 4-9-145(B) as contained in SECTION 1, page 2, lines 5 through 21 and inserting:
/ (B)(1) The number of litter control officers vested with custodial arrest authority who are appointed and commissioned pursuant to subsection (A) must not exceed the greater of:
(a) the number of officers appointed and commissioned by the county on July 1, 2001; or
(b) one officer for every twenty-five thousand persons in the county, based upon the 2000 census. Each county may appoint and commission at least one officer, without regard to the population of the county.
(2) A litter control officer appointed and commissioned pursuant to subsection (A) may exercise the power of arrest with respect to his primary duties of litter control laws and ordinances and other state and local laws as may arise incidental to the enforcement of his primary duties if the officer has been certified as a law enforcement officer pursuant to Article 9, Chapter 6, Title 23.
(3) For purposes of this section, the phrase 'litter control officer' means a code enforcement officer authorized to enforce litter control laws and ordinances. /
Rep. HARRISON explained the amendment.
Rep. ALTMAN spoke against the amendment.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1, Rep. Altman having the floor.
Rep. ALLEN withdrew his request for debate on the following Bill:
H. 3695 (Word version) -- Reps. Rodgers, Allison, Freeman, Haskins, Hinson, Lee, Martin, Miller, Moody-Lawrence, Parks, Stuart, A. Young, Cobb-Hunter, Gilham, Meacham-Richardson and Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-4-160 SO AS TO ESTABLISH THE DOMESTIC VIOLENCE FUND WITHIN THE STATE TREASURY TO BE ADMINISTERED BY THE DEPARTMENT OF SOCIAL SERVICES FOR THE PURPOSE OF AWARDING GRANTS TO DOMESTIC VIOLENCE CENTERS AND PROGRAMS IN THE STATE THAT MEET CERTAIN CRITERIA; TO ADD SECTION 20-1-375 SO AS TO INCREASE THE MARRIAGE LICENSE FEE BY TWENTY DOLLARS WHICH MUST BE CREDITED TO THE DOMESTIC VIOLENCE FUND; AND TO AMEND SECTION 8-21-310, AS AMENDED, RELATING TO VARIOUS FEES TO BE COLLECTED BY CLERKS OF COURT, SO AS TO INCREASE THE FILING FEE FOR DIVORCE OR SEPARATE MAINTENANCE ACTIONS BY TWENTY DOLLARS WHICH ALSO MUST BE CREDITED TO THE DOMESTIC VIOLENCE FUND.
Rep. LOFTIS arose to a Point of Personal Privilege.
On motion of Rep. A. YOUNG, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means:
S. 349 (Word version) -- Senators Branton, Verdin, Leatherman, Peeler, McConnell, Giese, Grooms, Bauer, Waldrep, Wilson, Mescher, Ryberg, Fair, Hayes, Thomas and Martin: A BILL TO AMEND SECTION 12-21-2420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RATE OF THE ADMISSIONS TAX AND EXEMPTIONS FROM THE ADMISSIONS TAX, SO AS TO PROVIDE THAT ENTRY INTO THE PIT AREA OF MOTOR SPEEDWAYS OR RACETRACKS FOR DRIVERS, CREW MEMBERS, SCOREKEEPERS OR OTHER SUPPORT STAFF, CAR OWNERS AND SPONSORS, AND FAMILY MEMBERS THEREOF IS EXEMPT FROM THE ADMISSIONS TAX UNDER CERTAIN CONDITIONS.
The Senate amendments to the following Bill were taken up for consideration:
H. 3516 (Word version) -- Rep. Altman: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND RECOMMENDATIONS FOR APPOINTMENTS FOR BOARDS AND COMMISSIONS FROM THE LEGISLATIVE DELEGATION REPRESENTING CHARLESTON COUNTY TO THE GOVERNING BODY OF CHARLESTON COUNTY AND TO PROVIDE EXCEPTIONS.
Rep. ALTMAN moved to adjourn debate upon the Senate Amendments until Tuesday, May 29, which was agreed to.
The Senate amendments to the following Bill were taken up for consideration:
S. 315 (Word version) -- Senator Thomas: A BILL TO AMEND TITLE 24, CHAPTER 13, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRISONERS CONFINED WITHIN THE
Rep. MCGEE explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration:
H. 3687 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR FISCAL YEAR BEGINNING JULY 1, 2001, TO REGULATE THE EXPENDITURE OF THESE FUNDS, AND TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THE FISCAL YEAR AND FOR OTHER PURPOSES.
Rep. HARRELL proposed the following Amendment No. 1A (Doc Name council\nbd\amend\11806htc01.doc), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting the bill as passed by the House of Representatives, which is incorporated in this amendment by reference.
Renumber sections to conform.
Amend totals and titles to conform.
Rep. HARRELL explained the amendment.
Rep. SCOTT made the Point of Order that the Senate Amendments were improperly before the House for consideration since its number
Rep. HARRELL moved to waive Rule 5.15, which was agreed to by a division vote of 84 to 15.
Rep. HARRELL continued speaking.
The amendment was then adopted.
Rep. HARRELL proposed the following Amendment No. 2A (Doc Name council\bbm\amend\10438htc01.doc), which was adopted:
Amend the bill, as and if amended, in Part IB, Section 9, Department of Health and Environmental Control, page 449, by striking paragraph 9.11 and inserting:
/9.11 (DHEC: Rape Crisis Centers - Abstinence Education Contract #00-S1808-A2781) Of the amounts appropriated in Primary Care-Case Services, $651,107 shall be used for rape crisis centers around the state, and of the amounts appropriated under the provisions of Title V, Section 510 and funded with federal and state matching funds supplied by the Department of Health and Environmental Control and by the Department of Social Services in the preceding fiscal year, the whole amount shall be used for primary prevention services and must continue to be under contract at the same funding level, for the same purposes with the agency under contract with the State of South Carolina as of December 2000 for the current fiscal year. Distribution of the $651,107 must be based on the Department of Health and Environmental Control Rape Crisis services standards and expenditures monitored by the Department of Health and Environmental Control, and the Abstinence Education contract must be governed by the Congressional Title V, Section 510 legislative definition./
Amend further, as and if amended, Part IB, SECTION 72, General and Temporary, page 589 by adding two new paragraphs, and to be appropriately numbered, to read:
/72. 111 (GP: Other funds reductions) Notwithstanding any other provision of law, the Comptroller General upon the closing of the books for fiscal year 2000-01, shall transfer to the general fund for FY 2001-02, $26,183,871 from agency earmarked subfund accounts designated "Special Revenue Funds" to be used as a source to support
Rep. HARRELL 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:
S. 683 (Word version) -- Senators Alexander, Anderson, Bauer, Branton, Courson, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Holland, Hutto, Jackson, Land, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Saleeby, Setzler, Short, J. V. Smith, Thomas, Verdin, Waldrep and Wilson: A CONCURRENT RESOLUTION TO MEMORIALIZE THE DEPARTMENT OF THE ARMY AND MONCRIEF ARMY HOSPITAL AT FORT JACKSON, SOUTH CAROLINA TO REINSTATE THE VETERANS ADMINISTRATION COUNTY OFFICE COURIER SERVICE SO AS TO CONTINUE TO PROVIDE VETERANS WITH THE COUNTY OFFICE COURIER PROGRAM AS A PRESCRIPTION OPTION.
Whereas, having learned of plans to eliminate the Veterans Administration County Office Courier Service that has proven so effective in enabling South Carolina veterans over sixty-five years of age to access and fill prescriptions at Moncrief Army Hospital, the
Whereas, the County Veterans Administration Courier Service is an invaluable service which allows retired military personnel and their dependents over sixty-five to use the pharmacy service of Moncrief Army Hospital through a courier without having to personally go to the pharmacy; and
Whereas, the Veterans Administration County Office Courier Service is supported completely by the various participating counties at no cost to the United States Government, other than the cost of prescriptions the supported individuals are authorized; and
Whereas, canceling the Veterans Administration County Office Courier Service discriminates against individuals not residing near the hospital and creates a burden on seniors and others who have difficulty visiting the Moncrief pharmacy in person; and
Whereas, the members of the General Assembly of the State of South Carolina favor the reinstatement of the Veterans Administration County Office Courier Service and memorialize the Department of the Army and Moncrief Army Hospital to reinstate this valuable program for the men and women who have so valiantly served our country in the Armed Forces. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, memorialize the Department of the Army and Moncrief Army Hospital at Fort Jackson, South Carolina to reinstate the Veterans Administration County Office Courier Service so as to continue to provide veterans with the County Office Courier Program as a prescription option.
Be it further resolved that a copy of this resolution be forwarded to the Department of the Army, Moncrief Army Hospital, and to each member of the South Carolina Congressional Delegation.
The Concurrent Resolution was adopted and sent to the Senate.
The following Concurrent Resolution was taken up:
S. 652 (Word version) -- Senators Wilson, Land, Alexander, Anderson, Bauer, Branton, Courson, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Holland, Hutto, Jackson, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Saleeby, Setzler, Short, J. V. Smith, Thomas, Verdin and Waldrep: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO WAIVE THE MATCHING FUNDS REQUIREMENT FOR FEDERAL HIGHWAY FUNDS AVAILABLE TO SOUTH CAROLINA PURSUANT TO THE REVENUE ALIGNED BUDGET AUTHORITY ACT (RABA).
Whereas, after years of being a donor state to the Federal Highway Trust Fund, a situation in which only seventy-three cents of each dollar of federal gasoline taxes collected in this State was returned to South Carolina for highway programs, Congress in the TEA-21 and Revenue Aligned Budget Authority (RABA) Acts has taken significant steps to eliminate the funding inequity for donor states; and
Whereas, this improvement has lead to an eighty-four cents for each dollar return in fiscal year 2000 and an anticipated ninety-five cents for each dollar return in fiscal year 2001, a welcome and long overdue recognition of the past inequitable distribution; and
Whereas, to be able to benefit from this additional federal funding, state funds must be used to match the federal funds, which at current Department of Transportation funding levels requires diversion into the match requirement funds desperately needed for highway maintenance; and
Whereas, since the thrust of the RABA legislation was to alleviate the inequity in the distribution formula for federal highway funds, it is appropriate to waive the matching funds requirements that essentially require donor states to "buy" federal highway funds previously lost to them under the inequitable formula. Now, therefore,
That by this resolution, the General Assembly of South Carolina memorializes the Congress of the United States to waive the matching funds requirement for federal highway funds available to South Carolina pursuant to the Revenue Aligned Budget Authority Act (RABA).
Be it further resolved that a copy of this resolution be forwarded to the President of the United States Senate, the Speaker of the United States House of Representatives, the Federal Highway Administrator, and each member of this state's congressional delegation.
The Concurrent Resolution was adopted and sent to the Senate.
Rep. QUINN moved that the House recur to the Morning Hour, which was agreed to.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. Altman having the floor:
S. 327 (Word version) -- Senators Thomas and Hutto: A BILL TO AMEND SECTION 4-9-145, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY CODE ENFORCEMENT OFFICERS, SO AS TO AUTHORIZE ENVIRONMENTAL ENFORCEMENT AND LITTER CONTROL OFFICERS, WHO ARE CERTIFIED AT A MINIMUM LEVEL OF CLASS TWO LAW ENFORCEMENT OFFICER, TO PERFORM CUSTODIAL ARRESTS, AND TO LIMIT THE NUMBER OF ENVIRONMENTAL ENFORCEMENT OFFICERS OR LITTER CONTROL OFFICERS TO ONE PER COUNTY OR ONE FOR EVERY THIRTY THOUSAND PERSONS IN THE COUNTY, WHICHEVER NUMBER IS GREATER.
Rep. ROBINSON moved to adjourn debate on the Bill until Tuesday, May 29, which was agreed to.
Rep. EASTERDAY moved that the House recur to the Morning Hour, which was agreed to.
Rep. RUTHERFORD withdrew his request for debate on the following Bill:
H. 3695 (Word version) -- Reps. Rodgers, Allison, Freeman, Haskins, Hinson, Lee, Martin, Miller, Moody-Lawrence, Parks, Stuart, A. Young, Cobb-Hunter, Gilham, Meacham-Richardson and Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-4-160 SO AS TO ESTABLISH THE DOMESTIC VIOLENCE FUND WITHIN THE STATE TREASURY TO BE ADMINISTERED BY THE DEPARTMENT OF SOCIAL SERVICES FOR THE PURPOSE OF AWARDING GRANTS TO DOMESTIC VIOLENCE CENTERS AND PROGRAMS IN THE STATE THAT MEET CERTAIN CRITERIA; TO ADD SECTION 20-1-375 SO AS TO INCREASE THE MARRIAGE LICENSE FEE BY TWENTY DOLLARS WHICH MUST BE CREDITED TO THE DOMESTIC VIOLENCE FUND; AND TO AMEND SECTION 8-21-310, AS AMENDED, RELATING TO VARIOUS FEES TO BE COLLECTED BY CLERKS OF COURT, SO AS TO INCREASE THE FILING FEE FOR DIVORCE OR SEPARATE MAINTENANCE ACTIONS BY TWENTY DOLLARS WHICH ALSO MUST BE CREDITED TO THE DOMESTIC VIOLENCE FUND.
Rep. KOON asked unanimous consent to recall H. 4163 (Word version) from the Senate.
Rep. KNOTTS objected.
Rep. W. D. SMITH asked unanimous consent to recall H. 3965 (Word version) from the Committee on Judiciary.
Rep. SCOTT objected.
Rep. J. H. NEAL asked unanimous consent to recall H. 3463 (Word version) from the Committee on Judiciary.
Rep. HARRISON objected.
Rep. EASTERDAY asked unanimous consent to recall H. 4030 (Word version) from the Committee on Judiciary.
Rep. J. H. NEAL objected.
Rep. EASTERDAY moved that the House recur to the Morning Hour, which was agreed to.
The following Bill was taken up:
H. 3695 (Word version) -- Reps. Rodgers, Allison, Freeman, Haskins, Hinson, Lee, Martin, Miller, Moody-Lawrence, Parks, Stuart, A. Young, Cobb-Hunter, Gilham, Meacham-Richardson and Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-4-160 SO AS TO ESTABLISH THE DOMESTIC VIOLENCE FUND WITHIN THE STATE TREASURY TO BE ADMINISTERED BY THE DEPARTMENT OF SOCIAL SERVICES FOR THE PURPOSE OF AWARDING GRANTS TO DOMESTIC VIOLENCE CENTERS AND PROGRAMS IN THE STATE THAT MEET CERTAIN CRITERIA; TO ADD SECTION 20-1-375 SO AS TO INCREASE THE MARRIAGE LICENSE FEE BY TWENTY DOLLARS WHICH MUST BE CREDITED TO THE DOMESTIC VIOLENCE FUND; AND TO AMEND SECTION 8-21-310, AS AMENDED, RELATING TO VARIOUS FEES TO BE COLLECTED BY CLERKS OF COURT, SO AS TO INCREASE THE FILING FEE FOR DIVORCE OR SEPARATE MAINTENANCE ACTIONS BY TWENTY DOLLARS WHICH ALSO MUST BE CREDITED TO THE DOMESTIC VIOLENCE FUND.
Reps. ROBINSON, DAVENPORT, HINSON, HAMILTON and SCARBOROUGH requested debate on the Bill.
Rep. ROBINSON, with unanimous consent, withdrew his request for debate on H. 3695 (Word version); however, other requests for debate remained on the Bill.
Rep. DELLENEY asked unanimous consent to recall H. 4030 (Word version) from the Committee on Judiciary.
Rep. SCOTT objected.
The motion period was dispensed with on motion of Rep. ALTMAN.
Rep. CAMPSEN moved to adjourn debate upon the following Bill until Tuesday, May 29, which was adopted:
S. 297 (Word version) -- Senators Moore, Drummond, McConnell, Reese, Land, Richardson, Waldrep, Leventis, Passailaigue, Giese, McGill, O'Dell, Alexander, Hayes, Ravenel, Martin, Ryberg, Rankin, Jackson, Glover, Patterson, Hutto, Matthews, Pinckney, Setzler, Holland, Short and Ritchie: A BILL TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION BY ADDING CHAPTER 59 ENACTING THE "SOUTH CAROLINA CONSERVATION BANK ACT" SO AS TO ESTABLISH THE SOUTH CAROLINA CONSERVATION BANK FOR THE PURPOSE OF MAKING GRANTS AND LOANS TO PUBLIC OR PRIVATE ENTITIES TO ACQUIRE INTERESTS IN REAL PROPERTY WORTHY OF CONSERVATION, TO PROVIDE FOR THE GOVERNANCE OF THE BANK, TO PROVIDE THOSE ENTITIES ELIGIBLE TO RECEIVE BANK GRANTS, TO ESTABLISH THE SOUTH CAROLINA CONSERVATION BANK TRUST FUND TO RECEIVE BANK REVENUES, AND TO PROVIDE THE CRITERIA WHICH THE BANK MUST USE IN JUDGING APPLICATIONS FOR GRANTS; TO ESTABLISH THE "CONSERVE SOUTH CAROLINA" MOTOR VEHICLE LICENSE PLATE AND PROVIDE THAT THE REVENUE OF THE EXTRA FEE FOR THIS PLATE MUST BE CREDITED TO THE TRUST FUND ESTABLISHED BY THIS ACT; TO PROVIDE THAT REVENUES OF THE STATE
The following Bill was taken up:
H. 3703 (Word version) -- Reps. Townsend, Cotty, Webb, A. Young, Allison, Riser, Stille, Stuart, Keegan, Kennedy, Gilham, Martin, Littlejohn, Limehouse, Taylor, Coates, Kelley, Knotts, McGee, Ott, Rivers, Sinclair, Snow, Walker, Whatley and Wilder: A BILL TO AMEND SECTION 56-3-1230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRODUCTION AND ISSUANCE OF LICENSE PLATES, SO AS TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY TO ISSUE NEW LICENSE PLATES AT LEAST EVERY SIX YEARS, AND TO PROVIDE THAT THE DEPARTMENT MUST COLLECT A ONE DOLLAR FEE WHEN A VEHICLE IS REGISTERED OR REREGISTERED TO OFFSET THE COSTS ASSOCIATED WITH THE PRODUCTION OF NEW LICENSE PLATES.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\AMEND\ 22999CM01), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 56-3-1230(A) of the 1976 Code, as last amended by Act 497 of 1994, is further amended to read:
"(A) License plates must be at least six inches wide and not less than twelve inches in length and must show in bold characters the year of registration, the serial number, the full name or the abbreviation of the name of the State, and other distinctive markings the department may consider advisable to indicate the class of the weight of the vehicle for which the license plate was issued. The plate must be of a strength and quality to provide a minimum service of five years. A new license plate including personalized and special plates must be provided by the department at intervals the department considers appropriate, but at least every six years. In addition to the vehicle registration and license fees required by this title, beginning January 1, 2002, through December 31, 2002, the department must collect an additional five dollar fee from a vehicle owner. Beginning January 1, 2003, the department must collect annually an additional one dollar fee from a vehicle owner. This fee must be placed by the Comptroller General in a special restricted account and used by the department to offset the Division of Motor Vehicles' costs associated with the production of new license plates. License plates issued for vehicles in excess of twenty-six thousand pounds must be issued biennially, and no revalidation sticker may be issued for the plates. License plates issued as permanent may be revalidated and replaced at intervals determined by the department."
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.
Rep. VAUGHN proposed the following Amendment No. 5 (Doc Name COUNCIL\SKB\AMEND\18439SOM01), which was adopted:
Amend the bill, as and if amended, in Section 56-3-1230(A) as contained in SECTION 1, pages (3703-1 and -2) by striking lines 42 through 8 and inserting:
/ least every six years. Beginning with the vehicle registration and license fees required by this title which are collected after July 1, 2002, two dollars of each biennial fee and one dollar of each annual fee collected from the vehicle owner must be placed by the Comptroller General in a special restricted account to be used solely by the Department of Public Safety for the costs associated with the production and issuance of new license plates. The department is not authorized to use this set aside money for any other purpose. License /
Rep. VAUGHN 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 Altman Askins Bales Barfield Barrett Battle Bingham Bowers Brown, J. Brown, R. Campsen Cato Chellis Clyburn Coates Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Easterday Edge Emory Freeman Frye Gilham Gourdine Hamilton Harrell Harvin Hines, M. Hinson Hosey Huggins Jennings Keegan Kelley Kennedy Kirsh Klauber Knotts Koon Law Leach Lee Limehouse Lloyd Loftis Lourie Martin McCraw McLeod Meacham-Richardson Merrill Miller Moody-Lawrence Neal, J.H. Neal, J.M. Ott Owens Parks Perry Quinn Rice Riser Rivers Robinson Rodgers Rutherford Sandifer Scarborough
Sheheen Sinclair Smith, D.C. Smith, F.N. Smith, J.E. Smith, J.R. Snow Stille Stuart Talley Taylor Thompson Townsend Vaughn Walker Weeks Whatley Whipper White Wilder Wilkins Young, A.
Those who voted in the negative are:
So, 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. 3703 (Word version) be read the third time tomorrow.
The following was received from the Senate:
Columbia, S.C., Thursday, May 24, 2001
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H. 3687:
H. 3687 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR FISCAL YEAR BEGINNING JULY 1, 2001, TO REGULATE THE EXPENDITURE OF THESE FUNDS, AND TO FURTHER PROVIDE FOR THE OPERATION OF STATE
Very respectfully,
President
On motion of Rep. HARRELL, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. HARRELL, A. YOUNG and ROBINSON to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
Rep. CARNELL moved to reconsider the vote whereby Amendment No. 2 was tabled on S. 297 (Word version) and the motion was noted.
Rep. ALTMAN moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 4177 (Word version) -- Rep. Sharpe: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE LOUIS RICH COMPANY OF NEWBERRY FOR ITS COMMITMENT TO FOOD SAFETY AND THE ENHANCEMENT OF THE QUALITY OF THEIR PRODUCTS THAT ARE DISTRIBUTED WORLDWIDE.
H. 4178 (Word version) -- Rep. M. Hines: A CONCURRENT RESOLUTION CONGRATULATING MR. CHARLES "CHUCK" ROBERT CONNER III OF FLORENCE COUNTY FOR BEING AWARDED THE EAGLE SCOUT AWARD BY THE BOY SCOUTS OF AMERICA ON JUNE 3, 2001, AND EXTENDING BEST WISHES AS HE ENTERS HIS FRESHMAN YEAR AS A STUDENT AT DAVIDSON COLLEGE.
H. 4179 (Word version) -- Rep. Allen: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND REVEREND SILAS MIMS, PASTOR OF GREATER HOPEWELL BAPTIST CHURCH IN THE TOWN OF DUNCAN, SOUTH CAROLINA, FOR TWENTY
H. 3937 (Word version) -- Reps. Sinclair, Allison, Bales, Battle, Littlejohn, Lourie, Miller, J. M. Neal, Owens, Rivers, Sandifer, J. E. Smith, W. D. Smith, Stille, Walker, Weeks, Wilder and Talley: A CONCURRENT RESOLUTION TO REQUEST THE UNITED STATES POSTAL SERVICE TO CREATE A REIDVILLE MAILING ADDRESS FOR THOSE RESIDENTS LIVING IN AND NEAR THE TOWN OF REIDVILLE IN SPARTANBURG COUNTY.
At 12:35 p.m. the House, in accordance with the motion of Rep. SCARBOROUGH, adjourned in memory of Rufus C. Barkley, Jr. of Charleston, to meet at 10:00 a.m. tomorrow.
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