Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rep. F. N. SMITH as follows:
Almighty God, Giver of life and all the blessings that come with it, give us the desire and the determination to use these blessings wisely. When the next step is not clear, may we wait patiently for the way You would have us to go. Store our minds with Your truths and our hearts with a love like Yours. Keep us calm in crisis, strong under stress, triumphant in temptation. Show us how to live better, to serve more effectively, and to follow You more faithfully. Be especially near to those whose lot in life is hard, the lonely, the ill, the bereaved, and those from whom joy and hope have fled. And to You, Lord, we give our praise and thanksgiving. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. KNOTTS moved that when the House adjourns, it adjourn in memory of Dale Earnhardt, Sr., which was agreed to.
On motion of Rep. FLEMING, with unanimous consent, the following was taken up for immediate consideration and accepted:
February 16, 2001
The Honorable Ron Fleming
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
On behalf of South Carolina Rural Health Association the Members of the House of Representatives are invited to a breakfast. This event will be held in Room 221 of the Blatt Building on March 1, 2001, from 6:30 to 10:00 a.m.
Sincerely,
Graham L. Adams, MPH
Director
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3100 (Word version) -- Rep. Simrill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-740 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON WHO REPAIRS A MOTOR VEHICLE WHOSE INFLATABLE RESTRAINT SYSTEM HAS BEEN DAMAGED OR DEPLOYED TO FAIL TO REPAIR OR REPLACE THE SYSTEM SO THAT IT IS FULLY OPERATIONAL, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report with amendments on:
H. 3146 (Word version) -- Reps. Lourie, J. E. Smith, Freeman, Neilson, Robinson, Webb, Mack, Cotty, Talley, Littlejohn, Simrill, J. Hines, J. M. Neal, Emory, Bales, Miller, Campsen, Altman, Whatley, Lloyd, Bowers, M. Hines, Weeks, Rivers, Hosey, G. M. Smith, Owens, Harvin, McLeod, Sinclair, Thompson and Govan: A BILL TO AMEND SECTION 56-5-1520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF MAXIMUM SPEED LIMITS ALONG THE STATE'S HIGHWAYS, SO AS TO PROVIDE PENALTIES FOR A PERSON WHO VIOLATES THE SPEED LIMITS ESTABLISHED IN ZONES WHERE THE POSTED MAXIMUM SPEED LIMIT IS AT LEAST FIFTY-FIVE MILES AN HOUR WHILE DRIVING A
Rep. CHELLIS, from the Dorchester Delegation, submitted a favorable report on:
S. 306 (Word version) -- Senator Branton: A BILL TO RESTORE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS TO THE DORCHESTER COUNTY LEGISLATIVE DELEGATION THAT HAD FORMERLY BEEN DEVOLVED TO THE GOVERNING BODY OF DORCHESTER COUNTY.
Ordered for consideration tomorrow.
The Senate sent to the House the following:
S. 286 (Word version) -- Senators Pinckney, McConnell, Ravenel, Branton, Mescher, Grooms and Richardson: A CONCURRENT RESOLUTION TO RECOGNIZE THE CONSIDERATIONS INVOLVED FROM AN INTERSTATE COMMERCE AND OTHER CONSTITUTIONAL AND STATUTORY VIEW POINTS IN LOCATING AND DEVELOPING MAJOR DEVELOPMENT PROJECTS IN THIS STATE WHICH HAVE MULTI-STATE AND MULTI-NATIONAL EFFECTS, TO EXPRESS THE WILLINGNESS OF THE STATE OF SOUTH CAROLINA TO BE A PARTNER IN PROTECTING, COMPLYING WITH, OR WORKING THROUGH EACH OF THESE CONSTITUTIONAL OR STATUTORY CONSIDERATIONS WITH A POTENTIAL INVESTOR, AND TO COMMEND AND THANK STEVEDORING SERVICES OF AMERICA FOR THEIR WILLINGNESS TO INVEST SUBSTANTIAL SUMS OF MONEY IN SUCH PROJECTS IN UNDERDEVELOPED AREAS OF OUR STATE.
The Concurrent Resolution was ordered referred to the Committee on Judiciary.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 3604 (Word version) -- Reps. Campsen and Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-112 SO AS TO ENACT THE "GUARDIAN AD LITEM PARENTAL CHOICE ACT" WHICH PROVIDES THAT IN A FAMILY COURT PROCEEDING IN WHICH CUSTODY OR VISITATION ARE IN ISSUE THE PARTIES TO THE ACTION MAY RECOMMEND AN AGREED-UPON GUARDIAN AD LITEM WHICH THE COURT MUST APPOINT UNLESS THERE ARE FINDINGS THAT THE INDIVIDUAL IS NOT FIT OR COMPETENT TO SERVE, TO PROVIDE THAT THE GUARDIAN AD LITEM MAY PARTICIPATE IN THE PROCEEDING THROUGH COUNSEL TO A PARTY OR MAY RETAIN COUNSEL, AND TO REQUIRE THE GUARDIAN AD LITEM TO DISCLOSE THE TERMS OF COMPENSATION FOR SERVICES TO BE RENDERED AND FOR LEGAL COUNSEL IF RETAINED OR APPOINTED BY THE COURT.
Referred to Committee on Judiciary
H. 3605 (Word version) -- Reps. Campsen, Witherspoon and Ott: A JOINT RESOLUTION TO CREATE A COMMITTEE TO STUDY THE LAWS RELATING TO THE PURCHASE AND SALE OF HUNTING AND FISHING LICENSES BY THE DEPARTMENT OF NATURAL RESOURCES, AND THE FEASIBILITY OF THE DEPARTMENT OF NATURAL RESOURCES PROVIDING FOR THE SALE AND ISSUANCE OF HUNTING AND FISHING LICENSES, AND COMBINATIONS OF HUNTING AND FISHING LICENSES, AT A DISCOUNT VIA THE INTERNET AND AT ELECTRONIC POINTS OF SALE IN RETAIL ESTABLISHMENTS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 3606 (Word version) -- Reps. Jennings, Quinn, Bales, Battle, Breeland, R. Brown, Davenport, Frye, Gourdine, Govan, Harvin, Hayes, J. Hines, M. Hines, Howard, Keegan, Lloyd, Lourie, Lucas, Miller, Moody-Lawrence, Phillips, Riser, Rivers, Rutherford, Scott, Sheheen, Simrill, J. E. Smith, Snow, Taylor, Weeks, Whipper, Emory and J. M. Neal: A BILL TO AMEND SECTION 59-20-50, AS AMENDED, CODE OF LAWS OF
H. 3607 (Word version) -- Rep. Quinn: A JOINT RESOLUTION TO APPROPRIATE, FOR FISCAL YEAR 2001-2002 ONLY, MONIES FROM THE LOCAL GOVERNMENT FUND TO BE USED FOR THE SILVER CARD PROGRAM, COMMUNITY LONG TERM CARE, PALMETTO SENIOR CARE, AND RESTORATION OF PRESCRIPTION AWP.
Referred to Committee on Ways and Means
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.
Referred to Committee on Ways and Means
S. 289 (Word version) -- Senators McConnell, Moore and Ritchie: A BILL TO AMEND SECTION 2-19-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NOMINATING PROCESS OF QUALIFIED JUDICIAL CANDIDATES TO THE GENERAL ASSEMBLY, SO AS TO REQUIRE A TWO WEEK PERIOD BETWEEN THE DATE OF THE JUDICIAL MERIT SELECTION COMMISSION'S NOMINATIONS TO THE GENERAL ASSEMBLY AND THE DATE THE GENERAL ASSEMBLY CONDUCTS THE ELECTION FOR THESE JUDGESHIPS.
Referred to Committee on Judiciary
The following was introduced:
H. 3608 (Word version) -- Rep. Lourie: A CONCURRENT RESOLUTION TO COMMEND MRS. CHARLOTTE LUNSFORD BERRY OF COLUMBIA FOR HER OUTSTANDING COMMUNITY EFFORTS AND LEADERSHIP ACTIVITIES UPON BEING NAMED 2001 AMBASSADOR OF THE YEAR BY THE GREATER COLUMBIA CHAMBER OF COMMERCE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows:
Allen Altman Askins Bales Barfield Barrett Battle Bingham Bowers Breeland Brown, G. Brown, J. Brown, R. Campsen Cato Chellis Clyburn Coates Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Easterday Edge Emory Fleming Freeman Frye Gilham Gourdine Hamilton Harrell Harrison Harvin Haskins Hayes Hines, J. Hines, M. Hinson Hosey Howard Huggins Jennings Keegan Kelley Kennedy 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 Rhoad Rice Riser Rivers Rodgers Sandifer Scarborough Scott Sharpe Sheheen Simrill Sinclair Smith, D.C. Smith, F.N. Smith, G.M. Smith, J.R. Smith, W.D. Snow Stuart Talley Taylor Thompson 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, February 21.
James E. Smith Harry Stille Jerry Govan Alfred Robinson Todd Rutherford Ronald Townsend Larry Koon Merita Allison Richard Quinn Joseph Neal
Announcement was made that Dr. Ozzie L. Mikell of Beaufort is the Doctor of the Day for the General Assembly.
Rep. KLAUBER and the Greenwood Delegation presented to the House the Cambridge Academy Football Team, Class A Independent School Champions, 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
Bill Number: H. 3144 (Word version)
Date: ADD:
02/21/01 SIMRILL
Bill Number: H. 3418 (Word version)
Date: ADD:
02/21/01 MCLEOD
Bill Number: H. 3584 (Word version)
Date: ADD:
02/21/01 SHEHEEN
Bill Number: H. 3515 (Word version)
Date: ADD:
02/21/01 DAVENPORT
Bill Number: H. 3584 (Word version)
Date: ADD:
02/21/01 LUCAS
Bill Number: H. 3584 (Word version)
Date: ADD:
02/21/01 DELLENEY
Bill Number: H. 3584 (Word version)
Date: ADD:
02/21/01 COLEMAN
Bill Number: H. 3584 (Word version)
Date: ADD:
02/21/01 HARRISON
Bill Number: H. 3056 (Word version)
Date: ADD:
02/21/01 RODGERS
Bill Number: H. 3167 (Word version)
Date: ADD:
02/21/01 LOFTIS
Bill Number: H. 3207 (Word version)
Date: ADD:
02/21/01 LOFTIS
Bill Number: H. 3207 (Word version)
Date: ADD:
02/21/01 LEACH
Bill Number: H. 3306 (Word version)
Date: ADD:
02/21/01 LOFTIS
Bill Number: H. 3306 (Word version)
Date: ADD:
02/21/01 LEACH
Bill Number: H. 3399 (Word version)
Date: ADD:
02/21/01 RODGERS
Bill Number: H. 3400 (Word version)
Date: ADD:
02/21/01 RODGERS
Bill Number: H. 3401 (Word version)
Date: ADD:
02/21/01 RODGERS
Bill Number: H. 3402 (Word version)
Date: ADD:
02/21/01 RODGERS
Bill Number: H. 3403 (Word version)
Date: ADD:
02/21/01 RODGERS
Bill Number: H. 3415 (Word version)
Date: ADD:
02/21/01 RODGERS
Bill Number: H. 3416 (Word version)
Date: ADD:
02/21/01 RODGERS
Bill Number: H. 3437 (Word version)
Date: ADD:
02/21/01 RODGERS
Bill Number: H. 3515 (Word version)
Date: ADD:
02/21/01 EMORY
Bill Number: H. 3598 (Word version)
Date: ADD:
02/21/01 WILDER
Bill Number: H. 3606 (Word version)
Date: ADD:
02/21/01 EMORY
Bill Number: H. 3606 (Word version)
Date: ADD:
02/21/01 J. M. NEAL
Bill Number: H. 3435 (Word version)
Date: ADD:
02/21/01 SIMRILL
The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification:
S. 112 (Word version) -- Senator Leventis: A BILL TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION SHALL CLOSE PERMANENTLY THE SOUTHERN ACCESS OF ROAD 43-506 AT THE POINT WHERE IT INTERSECTS WITH ROAD 43-251 IN SUMTER COUNTY.
The following Bill was taken up:
H. 3144 (Word version) -- Reps. Wilkins, W. D. Smith, Vaughn, Delleney, Walker, Merrill, Cotty, Thompson, Edge and Simrill: A BILL TO AMEND
Rep. SCOTT moved to adjourn debate on the Bill.
Rep. FLEMING moved to table the motion, which was agreed to.
Reps. J. E. SMITH, SCOTT, CAMPSEN, COOPER, WHITE, HOSEY, J. YOUNG, JENNINGS, HAYES, FLEMING, HARRISON, CATO, SHARPE, J. R. SMITH, LEACH, DAVENPORT, LITTLEJOHN, HINSON, LLOYD, MCGEE, COATES, GOVAN, OTT and CLYBURN requested debate on the Bill.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 3085 (Word version) -- Reps. Meacham-Richardson, G. M. Smith, Altman, Whatley, Simrill and Owens: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION AND LICENSING OF MOTOR VEHICLES, BY ADDING ARTICLE 86 SO AS TO PROVIDE FOR DUCKS UNLIMITED SPECIAL LICENSE PLATES.
Rep. STUART explained the Bill.
H. 3098 (Word version) -- Reps. McGee, Meacham-Richardson, Altman, Whatley, Owens and Rodgers: A BILL TO AMEND SECTION 56-3-3310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF PURPLE HEART LICENSE PLATES, SO AS TO REVISE THE NUMBER OF LICENSE PLATES THAT MAY BE ISSUED TO A PURPLE HEART RECIPIENT.
Rep. STUART explained the Bill.
The following Joint Resolution was taken up:
S. 220 (Word version) -- Senator Leatherman: A JOINT RESOLUTION TO PROVIDE THAT THE APPEALS PROCEDURE FOR ACTIONS BY THE INTERNAL REVENUE SERVICE IN CONNECTION WITH THE SETOFF OF A DEBT AGAINST A TAXPAYER'S REFUND IS GOVERNED BY TITLE 26 OF THE UNITED STATES CODE, NOTWITHSTANDING THE PROCEDURE PRESCRIBED IN CHAPTER 56 OF TITLE 12 FOR THE SETOFF DEBT COLLECTION ACT.
Rep. VAUGHN explained the Joint Resolution.
Rep. HOWARD 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 Bill was taken up:
S. 198 (Word version) -- Senators Leatherman, Martin, Giese, Mescher, McConnell, J. V. Smith, Thomas, Verdin, Branton and Richardson: A BILL TO RATIFY AN AMENDMENT TO SECTION 3, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO ALLOW THE GOVERNING BODY OF A COUNTY TO IMPOSE A SALES AND USE TAX TO EXEMPT PRIVATE PASSENGER MOTOR VEHICLES, MOTORCYCLES, GENERAL AVIATION AIRCRAFT, BOATS, AND BOAT MOTORS FROM PROPERTY TAX LEVIED IN THE COUNTY AND TO ALLOW THIS EXEMPTION ONLY PURSUANT TO A REFERENDUM HELD IN THE COUNTY IN THE MANNER THAT THE GENERAL ASSEMBLY PROVIDES BY LAW.
Rep. SCOTT made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not
The following Bill was taken up:
S. 199 (Word version) -- Senators Leatherman, Peeler, Giese, McConnell, Wilson, Mescher, Ravenel, Richardson, Waldrep, Branton, Ritchie, Martin, Alexander, Verdin, Grooms, Reese and Courson: A BILL TO RATIFY AN AMENDMENT TO SECTION 1(8), ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO ASSESSMENT RATIOS AND CLASSES OF PROPERTY FOR PURPOSES OF THE PROPERTY TAX, SO AS TO ESTABLISH A NEW CLASS OF PROPERTY CONSISTING OF PERSONAL MOTOR VEHICLES WHICH MUST BE TITLED BY A STATE OR FEDERAL AGENCY AND LIMITED TO PASSENGER MOTOR VEHICLES AND PICKUP TRUCKS AS DEFINED BY LAW ASSESSED FOR PROPERTY TAX AT NINE AND SEVENTY-FIVE HUNDREDTHS PERCENT OF FAIR MARKET VALUE REDUCED IN ANNUAL INCREMENTS OF SEVENTY-FIVE HUNDREDTHS OF ONE PERCENT OVER SIX YEARS TO A PERMANENT RATE OF SIX PERCENT OF FAIR MARKET VALUE AND TO PROVIDE THAT THESE REVISED ASSESSMENT RATIOS AND THE NEW CLASS OF PROPERTY APPLIES FOR PROPERTY TAX YEARS BEGINNING AFTER 2001 OR IN EARLIER TAX YEARS AS THE GENERAL ASSEMBLY MAY PROVIDE BY LAW.
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.
On motion of Rep. HARRISON, with unanimous consent, the following Concurrent Resolution was ordered recalled from the Committee on Judiciary:
H. 3491 (Word version) -- Reps. Rivers, Bowers, Gilham, Hosey, Lloyd, Rodgers, Rutherford and Sheheen: A CONCURRENT RESOLUTION TO RECOGNIZE THE CONSIDERATIONS INVOLVED FROM AN INTERSTATE COMMERCE AND OTHER CONSTITUTIONAL AND STATUTORY VIEW POINTS IN LOCATING AND DEVELOPING MAJOR DEVELOPMENT PROJECTS IN THIS STATE WHICH HAVE MULTI-STATE AND MULTI-NATIONAL EFFECTS, TO EXPRESS THE WILLINGNESS OF THE STATE OF SOUTH CAROLINA TO BE A PARTNER IN PROTECTING, COMPLYING WITH, OR WORKING THROUGH EACH OF THESE CONSTITUTIONAL OR STATUTORY CONSIDERATIONS WITH A POTENTIAL INVESTOR, AND TO COMMEND AND THANK STEVEDORING SERVICES OF AMERICA FOR THEIR WILLINGNESS TO INVEST SUBSTANTIAL SUMS OF MONEY IN SUCH PROJECTS IN UNDERDEVELOPED AREAS OF OUR STATE.
On motion of Rep. LITTLEJOHN, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary and was referred to the Committee on Education and Public Works:
H. 3545 (Word version) -- Reps. Littlejohn, Allison, Altman, Bales, Barfield, Battle, G. Brown, Coates, Coleman, Easterday, Emory, Fleming, Frye, Hamilton, Harvin, Haskins, Hayes, J. Hines, Keegan, Kelley, Kennedy, Kirsh, Klauber, Leach, McCraw, McGee, McLeod, Miller, J. M. Neal, Owens, Perry, Phillips, Rice, Riser, Rivers, Sheheen, Simrill, Sinclair, Stille, Talley, Thompson, Walker, Weeks, Whatley, Wilder and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2365 SO AS TO DEFINE "POLICE OFFICER SAFETY ZONE", TO PROVIDE FOR THE RESTRICTIONS IMPOSED UPON A MOTOR VEHICLE TRAVELING THROUGH A POLICE OFFICER SAFETY ZONE, AND TO PROVIDE A PENALTY FOR A PERSON WHO VIOLATES A PROVISION CONTAINED IN THIS SECTION.
The following Bill was taken up, read the third time, and ordered sent to the Senate:
H. 3289 (Word version) -- Reps. Cato, Wilkins, Harrison, Kelley, Barrett, Chellis, Coates, Cooper, Harrell, Hinson, Rice, Sandifer, Sharpe, W. D. Smith, Thompson, Trotter, White, A. Young, Campsen, Altman, Bingham and Edge: A BILL TO AMEND ARTICLE 1, CHAPTER 1, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-130 SO AS TO PROHIBIT A POLITICAL SUBDIVISION OF THIS STATE FROM ESTABLISHING, MANDATING, OR OTHERWISE REQUIRING A MINIMUM WAGE THAT EXCEEDS THE FEDERAL MINIMUM WAGE SET PURSUANT TO 29 U.S.C. 206.
The motion period was dispensed with on motion of Rep. FLEMING.
The following Bill was taken up:
H. 3057 (Word version) -- Reps. McGee, Altman, Owens and Knotts: A BILL TO AMEND CHAPTER 15, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BAILS AND RECOGNIZANCES, BY ADDING SECTION 17-15-65 SO AS TO ESTABLISH THE OFFENSE OF WILFUL FAILURE TO APPEAR IN COURT TO ANSWER THE CHARGE OR INDICTMENT AND TO PROVIDE PENALTIES.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SKB\AMEND\18155SOM01), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. The 1976 Code is amended by adding:
"Section 17-15-65. (A) It is unlawful for a person who has been released pursuant to this chapter and who is subject to a bench warrant which has been outstanding for ninety days or more to wilfully fail to appear at a court proceeding as required.
(B) If the person was released in connection with a felony charge or while awaiting sentence after conviction, the penalty is a fine of not more than ten thousand dollars, or imprisonment of not more than ten years, or both.
(C) If the person was released in connection with a misdemeanor charge, the penalty is a fine of not more than one thousand dollars, or imprisonment for not more than one year, or both.
(D) In addition, the bond or security pledged for the release of the person is forfeited as provided by Section 38-53-70.
(E) A person convicted under this section is not eligible for release on a personal recognizance bond if charged with committing any future offense."
SECTION 2. This act takes effect on January first of the year after its approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. DELLENEY explained the amendment.
Rep. RUTHERFORD spoke against the amendment.
Rep. MCGEE spoke in favor of the amendment.
The question then recurred to the adoption of the amendment.
Rep. MCGEE demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Askins Bales Barfield Barrett Bingham Campsen Cato Chellis Coates Coleman Cotty Dantzler Davenport Delleney Easterday Edge Emory Fleming Frye Gilham Hamilton Harrison Hayes Huggins Keegan Kelley Kirsh Klauber Knotts Koon Law Leach Limehouse Littlejohn
Loftis Lourie Lucas Martin McCraw McGee McLeod Meacham-Richardson Merrill Miller Neal, J.M. Ott Owens Perry Phillips Quinn Rice Riser Robinson Rodgers 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 Whatley White Wilder Wilkins Witherspoon Young, A. Young, J.
Those who voted in the negative are:
Allen Brown, G. Brown, J. Brown, R. Clyburn Cobb-Hunter Freeman Govan Harvin Hines, J. Hines, M. Hosey Howard Lee Lloyd Mack Moody-Lawrence Parks Rhoad Rivers Rutherford Scott Smith, J.E. Weeks Whipper
So, the amendment was adopted.
Rep. RUTHERFORD spoke against the Bill.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Altman Askins Bales Barfield Barrett Battle Bingham Bowers Campsen Cato Chellis Coates Coleman Cooper Cotty Dantzler Davenport Delleney Easterday Edge Emory Fleming Freeman Frye Gilham Gourdine Hamilton Harrell Harrison Harvin Haskins Hayes Huggins Jennings Keegan Kelley Kirsh Klauber Knotts Koon Law Leach Limehouse Littlejohn Loftis Lourie Lucas Martin McCraw McGee McLeod Meacham-Richardson Merrill Miller Neal, J.M. Ott Owens Perry Phillips Quinn Rhoad Rice Riser Robinson Rodgers 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 Webb Weeks Whatley White Wilder Wilkins Young, A. Young, J.
Those who voted in the negative are:
Allen Brown, G. Brown, J. Brown, R. Clyburn Cobb-Hunter Govan Hines, J. Hines, M. Hosey Howard Lee
Lloyd Mack Moody-Lawrence Parks Rivers Rutherford Scott Whipper
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. FLEMING moved that the House recur to the morning hour, which was agreed to.
Rep. FLEMING, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
S. 176 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION TO INVITE THE NATIONAL COMMANDER OF THE AMERICAN LEGION, THE HONORABLE RAY G. SMITH, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 2:00 P.M. ON WEDNESDAY, FEBRUARY 28, 2001.
On motion of Rep. FLEMING, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration:
S. 176 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION TO INVITE THE NATIONAL COMMANDER OF THE AMERICAN LEGION, THE HONORABLE RAY G. SMITH, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 2:00 P.M. ON WEDNESDAY, FEBRUARY 28, 2001.
Whereas, the Honorable Ray G. Smith became a member of the American Legion on September 7, 1955, the day after he was first discharged from the United States Air Force; and
Whereas, the Honorable Ray G. Smith has served the organization as department commander; national, department, and district vice-
Whereas, the Honorable Ray G. Smith, as a resident of Benson, North Carolina, was owner and operator of Benson Electric Company for 26 years and retired from the U.S. Postal Service in 1995; and
Whereas, the Honorable Ray G. Smith, as an advocate for the betterment of children and youth, was named Woodmen of the World Outstanding Citizen of the Year in 1983, Benson Citizen of the Year in 1988, and U.S. Postal Service Volunteer of the Year in 1992; and
Whereas, the Honorable Ray G. Smith was selected by the 2.8 million member American Legion as national commander of the nation's largest veterans organization; and
Whereas, speaking before a joint session of the General Assembly is an honor reserved for leaders of national prominence. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the National Commander of the American Legion, the Honorable Ray G. Smith, is invited to address the General Assembly in Joint Session in the Hall of the House of Representatives at 12:30 p.m. Tuesday, February 27, 2001.
Be it further resolved that a copy of this resolution be forwarded to the Honorable Ray G. Smith.
Rep. FLEMING proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\AMEND\4125MM01), which was adopted:
Amend the concurrent resolution, as and if amended, by striking the paragraph after the resolving clause beginning on line 5, page 2, and inserting:
/ That the National Commander of the American Legion, the Honorable Ray G. Smith, is invited to address the General Assembly in Joint Session in the Hall of the House of Representatives at 12:30 p.m. on Tuesday, February 27, 2001. /
Amend title to conform.
Rep. FLEMING explained the amendment.
The Concurrent Resolution, as amended, was adopted and ordered sent to the Senate.
The following was introduced:
H. 3609 (Word version) -- Rep. Harrison: A HOUSE RESOLUTION TO CONGRATULATE AND HONOR AUSTIN NEWMAN OF COLUMBIA, A SIXTH GRADE STUDENT AT CRAYTON MIDDLE SCHOOL, FOR BEING NAMED SOUTH CAROLINA'S TOP MIDDLE LEVEL STUDENT VOLUNTEER IN THE PRUDENTIAL SPIRIT OF COMMUNITY AWARDS FOR 2001, AND RECOGNIZE HIS OUTSTANDING RECORD OF VOLUNTEER SERVICE, PEER LEADERSHIP, AND COMMUNITY SPIRIT.
The Resolution was adopted.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 3610 (Word version) -- Rep. Robinson: A JOINT RESOLUTION TO PROVIDE THAT THE EFFECTIVE DATE IS JULY 1, 2003, FOR AMENDMENTS ADOPTED BY THE SOUTH CAROLINA BUILDING CODES COUNCIL ON MAY 24, 2000, TO THE INTERNATIONAL BUILDING, RESIDENTIAL, PLUMBING, MECHANICAL, FUEL GAS, AND FIRE CODES AND THE AMENDMENTS ADOPTED BY THE COUNCIL ON JANUARY 26, 2001, PERTAINING TO THE INTERNATIONAL AND RESIDENTIAL BUILDING CODES.
Referred to Committee on Labor, Commerce and Industry
H. 3611 (Word version) -- Rep. Lucas: A BILL TO AMEND ARTICLE 7, CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST A PERSON, BY ADDING SECTION 16-3-640 SO AS TO PROVIDE FOR THE OFFENSE OF THE PHYSICAL ASSAULT OF A SPORTS OFFICIAL, TO PROVIDE THAT THIS MUST OCCUR AT ANY
H. 3613 (Word version) -- Reps. Trotter, Cato and Sandifer: A BILL TO AMEND SECTION 58-35-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORMATION OF AN ASSOCIATION PROVIDING FOR MUTUAL RECEIPT OF NOTIFICATION OF EXCAVATION OR DEMOLITION OPERATIONS FOR OPERATORS HAVING UTILITIES IN THIS STATE, SO AS TO REQUIRE THE ASSOCIATION TO FILE WITH THE CHAIRMEN OF THE SENATE AND HOUSE OF REPRESENTATIVES LABOR, COMMERCE AND INDUSTRY COMMITTEES AN ANNUAL REPORT COVERING CERTAIN ACTIVITIES AND OPERATIONS OF THE ASSOCIATION FOR THE PRECEDING CALENDAR YEAR.
Referred to Committee on Labor, Commerce and Industry
H. 3614 (Word version) -- Reps. Miller, Askins, Bales, Bingham, Bowers, R. Brown, Cato, Chellis, Clyburn, Coates, Coleman, Davenport, Delleney, Emory, Fleming, Freeman, Gilham, Gourdine, Harvin, Hayes, J. Hines, M. Hines, Hosey, Howard, Huggins, Kirsh, Law, Leach, Limehouse, Lloyd, Loftis, Lucas, Mack, McCraw, McGee, Moody-Lawrence, J. M. Neal, Ott, Owens, Parks, Phillips, Rhoad, Riser, Rivers, Rodgers, Scarborough, Scott, Simrill, Sinclair, G. M. Smith, J. E. Smith, Snow, Thompson, Tripp, Vaughn, Webb, Weeks, Whatley, Whipper, Wilder and J. Young: A BILL TO AMEND SECTION 56-3-1120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A SPECIAL LICENSE TAG BY THE DEPARTMENT OF PUBLIC SAFETY TO A DISABLED AMERICAN VETERAN, SO AS TO SUBSTITUTE "TAG" WITH "PLATE" AND TO PROVIDE THAT THE LICENSE PLATE MUST INCLUDE THE WORDS "DISABLED VETERAN" AND HAVE A SPECIAL NUMBER IMPRINTED ON IT SHOWING THAT THE LICENSE PLATE WAS ISSUED TO A DISABLED AMERICAN VETERAN.
Referred to Committee on Education and Public Works
The following was introduced:
H. 3612 (Word version) -- Reps. Webb, Leach, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION PROUDLY PROCLAIMING THE PRIDE AND EXCITEMENT OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA ON THE RECENT ANNOUNCEMENT BY TIME MAGAZINE NAMING CLEMSON UNIVERSITY THE "PUBLIC COLLEGE OF THE YEAR"; AND KIPLINGER'S MAGAZINE RANKING CLEMSON UNIVERSITY THE BEST VALUE IN SOUTH CAROLINA'S PUBLIC COLLEGES AND TWENTY-FIRST AMONG THE TOP ONE HUNDRED BEST VALUES IN PUBLIC COLLEGES NATIONALLY.
Whereas, Clemson University is a big public university (14,000 undergraduates and 3,500 graduate students) known for agriculture, engineering, architecture, business, and a nationally ranked football team. Well, add one more sparkle to that list of what Clemson does well: creatively teaching students to communicate; and
Whereas, Time Magazine articulately describes Clemson University as being on the cutting edge of the communication- across-the-curriculum (CAC) movement, in which faculty integrate not
Whereas, Clemson requires students to take six communication-intensive credits and rewards professors for encouraging their students to do more writing, talking, and even e-mailing; and
Whereas, Clemson's renewed communication emphasis started in 1987 with the arrival of Art Young, who holds the nation's first endowed chair in technical communication (a joint appointment in English and engineering), established by a gift from South Carolinians Robert and Betsy Campbell. Professor Young came from Michigan Tech, where industrial recruiters told him graduates had technical knowledge but needed to enhance their communication skills. So while still at Michigan Tech, Young started one of the first writing-across-the-curriculum programs; and
Whereas, Professor Young brought his expertise to Clemson and started a workshop for faculty who wanted to teach students better how to write and speak. Today that fledgling program is housed in the Roy and Marnie Pearce Center for Professional Communication and Class of 1941 Initiative, which, with its four million dollar endowment, provides training and grants to encourage faculty to teach creatively, to have students spend at least part of class time writing, talking about, and even drawing the concepts being taught. "Under the traditional lecture method, the retention rate is nil," says Carl Lovitt, former director of the Pearce Center. "If you give students the opportunity to talk about what they're learning, they'll learn it better."; and
Whereas, the result has been a cultural change throughout Clemson University. In science, engineering, humanities, and business classes, students spend less time hearing lectures and taking exams and more time keeping journals, making presentations, and using the Internet to converse electronically with classmates and with peers at other schools. "What all of us want to do is teach our students to think," says Psychology Professor Patti Connor-Greene, who has happily switched from all lecturing, traditional testing, and even term papers; and
Whereas, Clemson faculty members are encouraged to stretch the boundaries. Biology Professor Jerry Waldvogel, who bears a
Whereas, to help select this year's winner, TIME Magazine's editors called on nine experts -- first, to identify issues critical in higher education; and second, to guide the editors to specific institutions that are addressing those issues effectively. While the panel of experts advice was invaluable, the final selection was made by the editors; and
Whereas, remembering nothing succeeds like success, shortly thereafter, the editors of Kiplinger's Magazine ranked Clemson University the best value in South Carolina's public colleges and twenty-first among the top one hundred best values in public colleges nationally; and
Whereas, Kiplinger's editors used a number of criteria to select the best buys, including entrance standards, graduation rates, student-faculty ratios, per pupil spending, and expenditures on library resources. After quality came affordability measurers, such as total cost, financial aid, and average amount debt students accumulate prior to graduation. Quality counted for seventy-one percent of the score, while affordability counted for twenty-nine percent. The formula weighted quality greater because "value is not synonymous with cheap", noted the editors; and
Whereas, realizing that education is emblazoned on the minds of all South Carolinians, we applaud the efforts of this fine land-grant university in striving to achieve the vision of Thomas G. Clemson. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, proudly proclaim their pride and excitement on the recent announcement by TIME Magazine naming Clemson University the "Public College of the Year"; and Kiplinger's Magazine ranking Clemson University the best value in South Carolina's public colleges and twenty-first among the top one hundred best values in public colleges nationally.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. HARRISON, with unanimous consent, the following Concurrent Resolution was ordered recalled from the Committee on Judiciary:
S. 286 (Word version) -- Senators Pinckney, McConnell, Ravenel, Branton, Mescher, Grooms and Richardson: A CONCURRENT RESOLUTION TO RECOGNIZE THE CONSIDERATIONS INVOLVED FROM AN INTERSTATE COMMERCE AND OTHER CONSTITUTIONAL AND STATUTORY VIEW POINTS IN LOCATING AND DEVELOPING MAJOR DEVELOPMENT PROJECTS IN THIS STATE WHICH HAVE MULTI-STATE AND MULTI-NATIONAL EFFECTS, TO EXPRESS THE WILLINGNESS OF THE STATE OF SOUTH CAROLINA TO BE A PARTNER IN PROTECTING, COMPLYING WITH, OR WORKING THROUGH EACH OF THESE CONSTITUTIONAL OR STATUTORY CONSIDERATIONS WITH A POTENTIAL INVESTOR, AND TO COMMEND AND THANK STEVEDORING SERVICES OF AMERICA FOR THEIR WILLINGNESS TO INVEST SUBSTANTIAL SUMS OF MONEY IN SUCH PROJECTS IN UNDERDEVELOPED AREAS OF OUR STATE.
On motion of Rep. HARRISON, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works and was referred to the Committee on Judiciary:
H. 3048 (Word version) -- Reps. Campsen, Delleney, Littlejohn, Davenport, Altman, Clyburn, Simrill, Owens and Robinson: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING SECTION 59-1-460 SO AS TO ENACT THE "SOUTH CAROLINA RELEASED TIME FOR RELIGIOUS AND CHARACTER EDUCATION ACT OF 2001" TO PROVIDE THAT A SCHOOL DISTRICT BOARD OF TRUSTEES
The motion period was dispensed with on motion of Rep. FLEMING.
The following Bill was taken up:
H. 3303 (Word version) -- Reps. Scott and Knotts: A BILL TO RATIFY AN AMENDMENT TO SECTION 7, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, SO AS TO DELETE REFERENCES TO THE PROHIBITION ON LOTTERIES, THEIR ADVERTISING, AND TICKET SALES, TO PROVIDE THAT LOTTERIES MAY BE CONDUCTED ONLY BY THE STATE, AND TO PROVIDE FOR THE USE OF THE REVENUES DERIVED FROM THE LOTTERIES.
Rep. EASTERDAY moved to adjourn debate on the Bill until Wednesday, March 21.
Rep. HARRISON moved to table the motion.
Rep. EASTERDAY demanded the yeas and nays, which were not ordered.
The motion to adjourn debate was tabled by a division vote of 47 to 29.
Rep. CAMPSEN explained the Bill.
Rep. ALTMAN spoke against the Bill.
Rep. STILLE spoke against the Bill.
Rep. SIMRILL spoke against the Bill.
Rep. HAMILTON spoke against the Bill.
Rep. HAMILTON continued speaking.
Rep. JENNINGS spoke in favor of the Bill.
Rep. EASTERDAY spoke against the Bill.
Rep. EASTERDAY continued speaking.
Further proceedings were interrupted by the Joint Assembly, the pending question being consideration of the Bill.
At 12:00 noon the Senate appeared in the Hall of the House. The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
The Reading Clerk of the House read the following Concurrent Resolution:
H. 3421 (Word version) -- Reps. Wilkins and Harrison: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE JEAN HOEFER TOAL, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:00 NOON ON WEDNESDAY, FEBRUARY 21, 2001.
Chief Justice Toal and her distinguished party were escorted to the Rostrum by Senators McConnell, Giese, Patterson, Glover, Ritchie and Representatives EASTERDAY, SCOTT, DELLENEY, STUART and KNOTTS. The President of the Senate introduced Chief Justice Toal.
Chief Justice Toal addressed the Joint Assembly as follows:
Lt. Gov. Peeler, President Pro Tempore McConnell, Speaker Wilkins, Speaker Pro Tempore Smith, Members of the Joint Assembly, my brothers and sisters of the South Carolina Judiciary, Ladies and Gentlemen:
Upon conclusion of her address, Chief Justice Toal and her escort party retired from the Chamber.
The purposes of the Joint Assembly having been accomplished, the PRESIDENT announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.
At 12:35 p.m. the House resumed, the SPEAKER in the Chair.
Rep. FLEMING moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 3597 (Word version) -- Rep. White: A CONCURRENT RESOLUTION TO CONGRATULATE MISS KATHRYN WILLOUGHBY OF COLUMBIA ON BEING NAMED THE 2001 SOUTH CAROLINA JUNIOR MISS AT ANDERSON COLLEGE ON SATURDAY, JULY 22, 2000, AND TO EXTEND TO HER BEST WISHES FOR SUCCESS IN ALL OF HER FUTURE ENDEAVORS.
H. 3608 (Word version) -- Rep. Lourie: A CONCURRENT RESOLUTION TO COMMEND MRS. CHARLOTTE LUNSFORD BERRY OF COLUMBIA FOR HER OUTSTANDING COMMUNITY EFFORTS AND LEADERSHIP ACTIVITIES UPON BEING NAMED 2001 AMBASSADOR OF THE YEAR BY THE GREATER COLUMBIA CHAMBER OF COMMERCE.
At 12:40 p.m. the House, in accordance with the motion of Rep. KNOTTS, adjourned in memory of Dale Earnhardt, Sr., to meet at 10:00 a.m. tomorrow.
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