Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. W. Osborne Herlong, Jr. as follows:
O God, our help in ages past, our hope for years to come, when it comes to what You want from humankind, there are no surprises. You want us and a certain way of living. You have showed us what is good and what You require: to do justice, love mercy, and to walk humbly with God. Help us to walk with You this day and please You in all we do or say to fulfill Your intention for all creation. 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. EMORY moved that when the House adjourns, it adjourn in memory of Reverend Billy Deason of Lancaster, which was agreed to.
Rep. FLEMING, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 4321 (Word version) -- Reps. Sheheen, Cotty, Lucas and J. M. Neal: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO ERECT SIGNS AT THE CAMDEN CITY LIMITS WHERE IT INTERSECTS WITH UNITED STATES HIGHWAY 521 SOUTH AND NORTH, AND UNITED STATES HIGHWAY 1 EAST AND WEST, THAT CONTAIN THE WORDS "CAMDEN-HOME OF BASEBALL HALL-OF-FAMER MR. LARRY DOBY".
On motion of Rep. SHEHEEN, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration:
H. 4321 (Word version) -- Reps. Sheheen, Cotty, Lucas and J. M. Neal: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO ERECT SIGNS OUTSIDE THE CAMDEN CITY LIMITS ON UNITED STATES HIGHWAY 521 SOUTH AND NORTH, AND UNITED STATES HIGHWAY 1 EAST AND WEST, THAT CONTAIN THE WORDS "CAMDEN-HOME OF BASEBALL HALL-OF-FAMER LARRY DOBY".
Whereas, on July 5, 1947, Mr. Larry Doby debuted with the Cleveland Indians, an event which also served as the integration of Major League Baseball's American League; and
Whereas, Mr. Doby is a "native son" of South Carolina, having been born in Camden on December 13, 1924, and having resided in Camden until his teen years; and
Whereas, he was also among the first African-Americans to appear in a Major League Baseball All-Star Game and appeared on six consecutive All-Star teams; and
Whereas, Larry Doby hit more than two hundred-fifty home runs and drove in almost one thousand runs in a productive thirteen-year career; and
Whereas, the Cleveland Indians have retired Mr. Doby's uniform number 14, and he is a member of Major League Baseball's Hall of Fame; and
Whereas, it is fitting and proper to honor this native of South Carolina by erecting appropriate signs outside the Camden city limits that proclaim it as the home of a legendary baseball hero. Now, therefore,
That the members of the General Assembly request that the Department of Transportation erect signs outside the Camden city limits on United States Highway 521 South and North, and United States Highway 1 East and West, that contain the words:
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.
Rep. SHEHEEN proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\AMEND\21063SD02), which was adopted:
Amend the concurrent resolution, as and if amended, by striking all after the title and inserting:
/Whereas, on July 5, 1947, Larry Doby debuted with the Cleveland Indians, an event which also served as the integration of Major League Baseball's American League; and
Whereas, Mr. Doby is a "native son" of South Carolina, having been born in Camden on December 13, 1924, and having resided in Camden until his teen years; and
Whereas, he was also among the first African-Americans to appear in a Major League Baseball All-Star Game and appeared on six consecutive All-Star teams; and
Whereas, Larry Doby hit more than two hundred-fifty home runs and drove in almost one thousand runs in a productive thirteen-year career; and
Whereas, the Cleveland Indians have retired Mr. Doby's uniform number 14, and he is a member of Major League Baseball's Hall of Fame; and
Whereas, it is fitting and proper to honor this native of South Carolina by erecting appropriate signs outside the Camden city limits that proclaim it as the home of a legendary baseball hero. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation. /
Amend further, as and if amended, by striking the title and inserting:
/TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO ERECT SIGNS OUTSIDE THE CAMDEN CITY LIMITS ON UNITED STATES HIGHWAY 521 SOUTH AND NORTH, AND UNITED STATES HIGHWAY 1 EAST AND WEST, THAT CONTAIN THE WORDS "CAMDEN-HOME OF BASEBALL HALL-OF-FAMER LARRY DOBY" /.
Renumber sections to conform.
Amend totals and title to conform.
The amendment was then adopted.
The Concurrent Resolution, as amended, was adopted and ordered sent to the Senate.
Rep. FLEMING, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
S. 975 (Word version) -- Senators Richardson and Pinckney: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE NEW BRIDGE SPANNING THE BROAD RIVER IN BEAUFORT COUNTY PRESENTLY UNDER CONSTRUCTION THE "COURSEN-TATE CROSSING" IN MEMORY OF SHERIFF DEPUTIES DYKE "A.J." COURSEN AND DANA TATE WHO WERE KILLED IN THE LINE OF DUTY ON JANUARY 8, 2002, WHILE ATTEMPTING TO RENDER AID TO CITIZENS, AND TO INSTALL APPROPRIATE MARKERS OR SIGNS ON THE BRIDGE CONTAINING THE WORDS "COURSEN-TATE CROSSING" IN MEMORY OF DEPUTIES COURSEN'S AND TATE'S DEDICATION, LOVE, AND SERVICE
On motion of Rep. RODGERS, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration:
S. 975 (Word version) -- Senators Richardson and Pinckney: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE NEW BRIDGE SPANNING THE BROAD RIVER IN BEAUFORT COUNTY PRESENTLY UNDER CONSTRUCTION THE "COURSEN-TATE CROSSING" IN MEMORY OF SHERIFF DEPUTIES DYKE "A.J." COURSEN AND DANA TATE WHO WERE KILLED IN THE LINE OF DUTY ON JANUARY 8, 2002, WHILE ATTEMPTING TO RENDER AID TO CITIZENS, AND TO INSTALL APPROPRIATE MARKERS OR SIGNS ON THE BRIDGE CONTAINING THE WORDS "COURSEN-TATE CROSSING" IN MEMORY OF DEPUTIES COURSEN'S AND TATE'S DEDICATION, LOVE, AND SERVICE TO THE STATE OF SOUTH CAROLINA AND BEAUFORT COUNTY.
The Concurrent Resolution was adopted and sent to the Senate.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report on:
H. 4670 (Word version) -- Reps. Harrison, Haskins and Martin: A BILL TO AMEND SECTION 56-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY NOT BE ISSUED A DRIVER'S LICENSE OR HAVE THEIR DRIVER'S LICENSE RENEWED, SO AS TO DELETE THE PROVISION THAT ALLOWS PERSONS FROM OTHER COUNTRIES WHO ARE PRESENT IN SOUTH CAROLINA ON A STUDENT VISA OR ON A WORK VISA OR THEIR DEPENDENTS TO OBTAIN A DRIVER'S LICENSE OR HAVE THEIR DRIVER'S LICENSE RENEWED, TO DEFINE "RESIDENT OF SOUTH CAROLINA" FOR PURPOSES OF DETERMINING ELIGIBILITY TO OBTAIN OR RENEW A DRIVER'S LICENSE,
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report on:
H. 4818 (Word version) -- Rep. Stille: A BILL TO AMEND SECTION 59-58-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE SOUTH CAROLINA NONPUBLIC POST-SECONDARY INSTITUTION LICENSE ACT, SO AS TO ADD CERTAIN DEFINITIONS; TO AMEND SECTION 59-58-30, RELATING TO EXCLUSIONS FROM THE DEFINITION OF "NONPUBLIC EDUCATIONAL INSTITUTION", SO AS TO FURTHER PROVIDE FOR THOSE ACTIVITIES, COURSES, OR INSTITUTIONS THAT COME WITHIN THIS EXCLUSION; TO AMEND SECTION 59-58-50, RELATING TO LICENSE REQUIREMENTS FOR NONPUBLIC INSTITUTIONS, SO AS TO PROVIDE LICENSES MAY BE GRANTED TO NONDEGREE GRANTING INSTITUTIONS FOR LESS THAN TWELVE MONTHS; TO AMEND SECTION 59-58-60, RELATING TO USE OF THE TERM "COLLEGE" OR "UNIVERSITY" IN A NAME, SO AS TO REVISE THE CIRCUMSTANCES WHEN THESE TERMS MAY AND MAY NOT BE USED; TO AMEND SECTION 59-58-70, RELATING TO FEES, SO AS TO PROVIDE FOR FURTHER SITUATIONS WHEN PENALTIES MAY BE IMPOSED; TO AMEND SECTION 59-58-100, RELATING TO ENROLLMENT CONTRACTS AND OTHER AGREEMENTS BEING VOID WITHOUT A LICENSE, SO AS TO CORRECT A GRAMMATICAL REFERENCE; AND TO AMEND SECTION 59-58-110, RELATING TO DENIAL, REVOCATION, OR SUSPENSION OF LICENSES, SO AS TO FURTHER PROVIDE FOR WHEN THE COMMISSION ON HIGHER EDUCATION MAY PROCEED WITH A DENIAL OR REVOCATION AND TO AUTHORIZE THE COMMISSION TO ALSO IMPOSE PROBATION AND DELAY A NEW CLASS TERM.
Ordered for consideration tomorrow.
The following was introduced:
H. 4948 (Word version) -- Reps. Harvin, J. Young and Campsen: A HOUSE RESOLUTION TO COMMEND CHARLES W. "WOODY" HAYNES FOR HIS MANY YEARS OF SERVICE TO THE PALMETTO STATE THROUGH HIS WORK WITH THE SOUTH CAROLINA FORESTRY COMMISSION AND TO WISH HIM MANY MORE YEARS OF HEALTH AND HAPPINESS UPON HIS RETIREMENT.
The Resolution was adopted.
The following was introduced:
H. 4949 (Word version) -- Rep. Quinn: A CONCURRENT RESOLUTION TO COMMEND GLAXOSMITHKLINE, NOVARTIS, PFIZER, AND ELI LILLY PHARMACEUTICAL COMPANIES FOR STEPPING FORWARD WITH THEIR PLANS TO REDUCE PRESCRIPTION COSTS FOR SOUTH CAROLINA'S ELDERLY CITIZENS, AND TO URGE STATE POLICY MAKERS TO CONTINUE TO HELP FOSTER THESE COOPERATIVE EFFORTS OF STATE GOVERNMENT AND LOCAL AND NATIONAL COMPANIES ALL WITH THE GOAL OF ENHANCING THE HEALTH CARE OPTIONS AND OPPORTUNITIES FOR ALL OF OUR STATE'S CITIZENS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. MILLER, with unanimous consent, the following was taken up for immediate consideration:
H. 4950 (Word version) -- Reps. Miller, 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,
Whereas, the members of the General Assembly of the State of South Carolina support the reduction and prevention of youth crime and declare that March 25-30, 2002, as "South Carolina Marine and Wilderness Institute Week"; and
Whereas, the South Carolina Marine and Wilderness Institute's vision is to provide exceptional service for at-risk and delinquent youth and their families through a partnership with the South Carolina Department of Juvenile Justice; and
Whereas, providing a balanced approach to meeting public safety needs and reducing crime produces a safer South Carolina, where citizens benefit from the reduced risk of harm; and
Whereas, stopping the younger juveniles from progressing any further into the juvenile justice system requires special emphasis in the areas of prevention and intervention and the support of businesses, local communities and organizations, law enforcement, the legislature, and other state agencies; and
Whereas, the importance of education is a key element of each program, and the students are strongly encouraged to finish high school and continue their education; and
Whereas, the South Carolina Marine and Wilderness Institute's balanced approach of discipline, respect, modeling, and responsibility is based on more than thirty years of successful experience with youth; and
Whereas, the General Assembly commends the South Carolina Marine and Wilderness Institute for its challenging work with delinquent youth and declares the week of March 25-30, 2002, as "South Carolina Marine and Wilderness Institute Week". 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 proclaim the week of March 25-30, 2002, as "South Carolina Marine and Wilderness Institute Week" and urge community support and participation in the reduction and prevention of juvenile crime.
Be it further resolved that a copy of this resolution be forwarded to the South Carolina Marine and Wilderness Institute.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4951 (Word version) -- Reps. J. Young, G. Brown, J. H. Neal, G. M. Smith and Weeks: A CONCURRENT RESOLUTION TO EXPRESS SYMPATHY TO ALL THE FAMILY AND FRIENDS OF MR. CLIFTON C. GOODWIN, JR., OF SUMTER COUNTY, UPON LEARNING OF HIS PASSING AND TO PAUSE TO RECOGNIZE
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4952 (Word version) -- Rep. G. Brown: A CONCURRENT RESOLUTION TO COMMEND WILLIAM P. BASKIN III OF BISHOPVILLE, SOUTH CAROLINA, FOR ALL HE HAS DONE TO IMPROVE THE LIVES OF HIS FELLOW SOUTH CAROLINIANS AND TO WISH HIM MANY YEARS OF HEALTH AND HAPPINESS UPON HIS RETIREMENT AS CHIEF OF THE BISHOPVILLE RESCUE SQUAD.
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 Allison Altman Bales Barfield Barrett Battle Bingham Bowers Breeland Brown, G. Brown, J. Brown, R. Campsen Carnell Cato Chellis Clyburn Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Easterday Edge Emory Fleming Freeman Frye Gilham Gourdine Govan Hamilton Harrell Harrison Haskins Hayes Hines, J. Hines, M. Hinson Howard Huggins Jennings Keegan Kelley Kirsh Klauber Knotts Koon Law Leach Lee
Littlejohn Lloyd Loftis Lourie Lucas Mack McCraw McGee Meacham-Richardson Merrill Miller Neal, J.H. Neal, J.M. Neilson Ott Owens Parks Perry Phillips Rhoad Rice Riser Rivers Rodgers Rutherford Sandifer Scarborough Scott Sharpe Sheheen Simrill Sinclair Smith, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Snow Stille Stuart Talley Taylor Thompson Townsend Tripp Trotter Vaughn Walker Webb Weeks Whatley Whipper White Wilder Wilkins Witherspoon Young, A. Young, J.
I came in after the roll call and was present for the Session on Thursday, March 21.
Lonnie Hosey H.B. "Chip" Limehouse Walton McLeod Becky Martin Marty Coates Doug Smith Bessie Moody-Lawrence Richard Quinn Alex Harvin
The SPEAKER granted Rep. KENNEDY a leave of absence due to medical reasons.
Announcement was made that Dr. Clarence E. Coker, Jr. of Manning is the Doctor of the Day for the General Assembly.
Rep. HAYES presented to the House Mrs. Florinette Ford Renfrow of Lake View, the 2002 South Carolina Mother of the Year.
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. 4670 (Word version)
Date: ADD:
03/21/02 MARTIN
Bill Number: H. 4899 (Word version)
Date: ADD:
03/21/02 JENNINGS
Bill Number: H. 4737 (Word version)
Date: REMOVE:
03/21/02 BATTLE
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. 1052 (Word version) -- Senator Glover: A BILL TO AMEND ACT 607 OF 1986, AS AMENDED, RELATING TO THE MARION COUNTY BOARD OF EDUCATION SO AS TO AUTHORIZE THE BOARD TO LEVY ADDITIONAL MILLAGE IN MARION COUNTY SCHOOL DISTRICT SEVEN FOR PAYMENT BY MARION COUNTY SCHOOL DISTRICT SEVEN FOR USE OF SCHOOL FACILITIES LOCATED IN THE DISTRICT WHICH ARE TO BE ACQUIRED BY THE MARION COUNTY BOARD OF EDUCATION.
The following Bills were taken up, read the third time, and ordered sent to the Senate:
H. 4583 (Word version) -- Reps. Tripp, Cato, Bales, Altman, Askins, Barfield, G. Brown, Coates, Cooper, Easterday, Harrison, Kirsh, Klauber, Leach, Littlejohn, Loftis, McCraw, McGee, Owens, Perry, Phillips, Sandifer, Scarborough, Simrill, Stille, Thompson, Vaughn, White, Wilkins, J. Young, Rodgers, A. Young and Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-285 SO AS TO PROHIBIT MANDATES ON HEALTH INSURANCE PLANS BEYOND WHAT IS REQUIRED AS OF JANUARY 1, 2002.
H. 4869 (Word version) -- Reps. Govan, Moody-Lawrence, Bales, Barfield, Barrett, Bingham, Bowers, Breeland, J. Brown, Clyburn, Emory, Frye, Gourdine, J. Hines, Hinson, Hosey, Keegan, Kirsh, Koon, Littlejohn, Lourie, Mack, Martin, McGee, McLeod, Meacham-Richardson, Merrill, J. H. Neal, Owens, Parks, Quinn, Rhoad, Riser, Rodgers, Rutherford, Sandifer, Simrill, D. C. Smith, J. E. Smith, J. R. Smith, Stille, Stuart, Talley, Taylor, Thompson, Walker, Weeks, Whatley, Wilder, A. Young and Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-150 SO AS TO DESIGNATE THE ELEVENTH DAY OF SEPTEMBER OF EACH YEAR AS A STATE DAY OF REMEMBRANCE FOR THE VICTIMS OF THE SEPTEMBER 11, 2001, TERRORIST ATTACKS AND FOR ALL OF SOUTH
On motion of Rep. CARNELL, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Education and Public Works:
H. 4644 (Word version) -- Reps. Carnell, Klauber and Parks: A JOINT RESOLUTION TO PROVIDE THAT UP TO THREE DAYS MISSED IN THE 2001-2002 SCHOOL YEAR BY THE STUDENTS OF A SCHOOL IN GREENWOOD COUNTY SCHOOL DISTRICT 51 WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
The motion period was dispensed with on motion of Rep. SHARPE.
The SPEAKER granted Rep. RHOAD a leave of absence for the remainder of the day.
The following Bill was taken up:
H. 4421 (Word version) -- Reps. Townsend, Walker and Littlejohn: A BILL TO AMEND SECTION 59-18-1580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DESIGNATION OF A SCHOOL DISTRICT AS UNSATISFACTORY PURSUANT TO THE EDUCATION ACCOUNTABILITY ACT OF 1998, SO AS TO AUTHORIZE THE STATE BOARD OF EDUCATION, THROUGH THE STATE SUPERINTENDENT, TO IMPLEMENT A TRAINING PROGRAM FOR THE SCHOOL DISTRICT BOARD OF TRUSTEES AND THE DISTRICT SUPERINTENDENT, TO AUTHORIZE THE STATE BOARD OF EDUCATION TO ACT AS ARBITER OF PERSONNEL ISSUES BETWEEN THE DISTRICT
Reps. TOWNSEND, OTT, WALKER and WEEKS proposed the following Amendment No. 2 (Doc Name COUNCIL\GGS\AMEND\ 22430DJC02), which was adopted:
Amend the bill, as and if amended, Section 59-18-1580(C), SECTION 1, page 2, line 33, by striking subsection (C) in its entirety and inserting:
/ (C) The district board of trustees may appoint at least two nonvoting members to the board from a pool nominated by the Education Oversight Committee and the State Department of Education. The appointed members shall have demonstrated high levels of knowledge, commitment, and public service, must be recruited and trained for service as appointed board members by the Education Oversight Committee and the State Department of Education, and shall represent the interests of the State Board of Education on the district board. Compensation for the nonvoting members must be paid by the State Board of Education in an amount equal to the compensation paid to the voting members of the district board. /
Renumber sections to conform.
Amend title to conform.
Rep. TOWNSEND explained the amendment.
The amendment was then adopted.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Allen Allison Bales Barfield Barrett Bingham Bowers Carnell Cato Chellis Clyburn Cotty Dantzler Easterday Edge Freeman Frye Gilham Hamilton Harrell Haskins Hines, J. Hines, M. Hinson Hosey Howard Huggins Jennings Keegan Kirsh Klauber Knotts Koon Law Leach Limehouse Littlejohn Lloyd Lourie Lucas Martin McGee McLeod Meacham-Richardson Merrill Miller Neal, J.M. Neilson Ott Parks Perry Quinn Rice Riser Rodgers Rutherford Sandifer Scott Sheheen Simrill Sinclair Smith, D.C. Smith, J.E. Smith, J.R. Smith, W.D. Snow Stille Stuart Talley Taylor Townsend Tripp Trotter Vaughn Walker Webb Weeks Whatley Whipper White Wilkins Witherspoon Young, A. Young, J.
Those who voted in the negative are:
Altman Coates Cooper Davenport Fleming Loftis Owens Scarborough Thompson
So, the Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. TOWNSEND, with unanimous consent, it was ordered that H. 4421 (Word version) be read the third time tomorrow.
The following Bill was taken up:
S. 322 (Word version) -- Senators Mescher, Grooms and Branton: A BILL TO AMEND SUBARTICLE 4, ARTICLE 3, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA GUARDIAN AD LITEM PROGRAM, SO AS TO INCLUDE IN THIS PROGRAM COURT-APPOINTED GUARDIANS AD LITEM IN CUSTODY DISPUTES IN FAMILY COURT, TO PROVIDE THAT A GUARDIAN AD LITEM IN A CUSTODY DISPUTE MAY CHARGE UP TO FIVE HUNDRED DOLLARS FOR SERVICES RENDERED IN A CASE, TO PROVIDE THAT CIVIL AND CRIMINAL IMMUNITY DOES NOT APPLY TO A GUARDIAN AD LITEM WHO CHARGES FOR SERVICES RENDERED, AND TO REQUIRE A GUARDIAN AD LITEM IN A CUSTODY DISPUTE TO BE AT LEAST THIRTY YEARS OF AGE; AND TO AMEND SECTION 20-7-420, AS AMENDED, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO PROVIDE THAT IN ORDERING A MENTAL OR PSYCHIATRIC EXAMINATION IN CUSTODY DISPUTES, THE COURT MUST MAKE FINDINGS OF FACT THAT THERE IS PROBABLE CAUSE TO ORDER THE EXAMINATION AND THAT IT IS NECESSARY TO MAKE A DETERMINATION IN THE CASE.
Rep. ALTMAN moved to adjourn debate on the Bill until Tuesday, April 2.
Rep. EASTERDAY moved to table the motion.
Rep. EASTERDAY demanded the yeas and nays which were taken, resulting as follows:
Allison Barrett Bingham Cato Chellis Cooper Cotty Davenport Delleney Easterday Emory Hamilton Harrison Hayes Huggins Keegan Klauber Koon Leach Littlejohn Loftis Lucas Martin McCraw McGee McLeod Miller Neilson Quinn Rice Riser Sinclair Smith, J.E. Smith, W.D. Stuart Talley Taylor Thompson Tripp Trotter Vaughn Webb Whatley Whipper White Wilkins Witherspoon
Those who voted in the negative are:
Altman Bales Barfield Battle Bowers Breeland Brown, G. Brown, R. Campsen Carnell Clyburn Dantzler Edge Fleming Freeman Frye Gilham Gourdine Harrell Haskins Hines, J. Hines, M. Hinson Hosey Howard Jennings Kirsh Law Limehouse Lloyd Meacham-Richardson Merrill Moody-Lawrence Neal, J.H. Neal, J.M. Owens Perry Phillips Rodgers Rutherford Sandifer Scarborough Scott Sharpe Sheheen Simrill Smith, D.C. Smith, G.M. Smith, J.R. Snow Weeks
The question then recurred to the motion to adjourn debate until Tuesday, April 2, which was agreed to by a division vote of 39 to 28.
The following Joint Resolution was taken up:
H. 4501 (Word version) -- Rep. Scott: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 8, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE PROHIBITION ON PUBLIC OFFICERS GAMBLING OR BETTING ON GAMES OF CHANCE, SO AS TO PROVIDE AN EXCEPTION THAT ALLOWS PARTICIPATION IN LOTTERIES CONDUCTED BY THE STATE OF SOUTH CAROLINA.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SKB\AMEND\18280ZCW02), which was rejected:
Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. It is proposed that Section 8, Article XVII of the Constitution of this State be amended to read:
"Section 8. It shall be unlawful for a Any person holding an office of honor, trust or profit who is convicted of any offense of this State related to engage in gambling or betting on games of chance; and any such officer, upon conviction thereof, shall become thereby disqualified from the further exercise of the functions of his office, and the office of said person shall become vacant, as in the case of resignation or death."/
/ SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 8, Article XVII of the Constitution of this State relating to the prohibition on public officers gambling or betting on games of chance, be amended so as to provide that the prohibition and the resulting disqualification from holding office applies only to a conviction of a gambling offense of the laws of this State?
Rep. CAMPSEN explained the amendment.
Rep. CAMPSEN continued speaking.
The question then recurred to the adoption of the amendment, which was rejected by a division vote of 19 to 28.
Rep. EASTERDAY proposed the following Amendment No. 2 (Doc Name COUNCIL\SKB\AMEND\18281ZCW02), which was rejected:
Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. It is proposed that Section 8, Article XVII of the Constitution of this State be amended to read:
"Section 8. It shall be unlawful for any person holding an office of honor, trust or profit the governor, constitutional officers, and members of the General Assembly to engage in gambling or betting on games of chance;, including participation in lotteries conducted by the State of South Carolina, and any such officer person, upon conviction thereof, shall become thereby disqualified from the further exercise of the functions of his office, and the office of said person shall become vacant, as in the case of resignation or death." /
/ SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 8, Article XVII of the Constitution of this State relating to the prohibition on public officers gambling or betting on games of chance, be amended so as to limit this prohibition to the governor, constitutional officers, and members of the General
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'." /
Renumber sections to conform.
Amend totals and title to conform.
Rep. EASTERDAY explained the amendment.
Rep. SCOTT moved to table the amendment.
Rep. EASTERDAY demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Altman Bales Battle Bowers Breeland Brown, G. Brown, J. Carnell Chellis Clyburn Cobb-Hunter Cotty Dantzler Emory Fleming Freeman Frye Gilham Gourdine Govan Harrison Hines, J. Hines, M. Hinson Hosey Howard Knotts Koon Law Lloyd Lourie Mack McLeod Miller Moody-Lawrence Neal, J.H. Ott Parks Perry Rivers Rutherford Scott Sharpe Smith, F.N. Smith, J.E. Snow Stuart Weeks Whatley Whipper Wilder
Allison Barfield Barrett Bingham Campsen Cato Cooper Davenport Delleney Easterday Edge Haskins Hayes Huggins Keegan Kirsh Leach Limehouse Littlejohn Loftis Lucas McGee Meacham-Richardson Merrill Neilson Owens Phillips Quinn Rice Riser Rodgers Sandifer Scarborough Sheheen Simrill Sinclair Smith, D.C. Smith, G.M. Smith, J.R. Smith, W.D. Stille Talley Taylor Thompson Townsend Tripp Vaughn White Wilkins Witherspoon Young, A. Young, J.
So, the House refused to table the amendment.
Rep. HARRISON spoke against the amendment.
Rep. ALTMAN spoke against the amendment.
Rep. EASTERDAY spoke in favor of the amendment.
Rep. EASTERDAY continued speaking.
Rep. SNOW spoke against the amendment.
Rep. SCOTT spoke against the amendment.
Rep. HARRISON spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. EASTERDAY demanded the yeas and nays which were taken, resulting as follows:
Allison Barfield Barrett Bingham Campsen Cato Cooper Davenport Delleney Easterday Edge Gilham Hamilton Haskins Hinson Huggins Keegan Kirsh Klauber Law Leach Littlejohn Loftis Martin McGee Meacham-Richardson Merrill Neilson Owens Quinn Rice Sandifer Scarborough Sheheen Simrill Sinclair Smith, D.C. Smith, G.M. Smith, J.R. Smith, W.D. Stille Talley Thompson Tripp Trotter Vaughn Webb White Wilder Wilkins Witherspoon Young, A. Young, J.
Those who voted in the negative are:
Allen Altman Bales Battle Bowers Breeland Brown, G. Brown, J. Brown, R. Carnell Chellis Clyburn Cobb-Hunter Coleman Cotty Emory Fleming Freeman Frye Govan Harrison Hines, J. Hines, M. Hosey Jennings Knotts Koon Lee Lloyd Lourie Lucas Mack McLeod Miller Moody-Lawrence Neal, J.H. Neal, J.M. Ott Parks Perry Phillips Rivers Rodgers Rutherford Scott Sharpe Smith, F.N. Smith, J.E.
Snow Stuart Townsend Weeks Whatley Whipper
So, the amendment was rejected.
Rep. FLEMING moved to reconsider the vote whereby Amendment No. 1 was rejected.
Rep. ALTMAN moved to table the motion to reconsider.
Rep. FLEMING demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Bingham Cato Cooper Davenport Delleney Easterday Frye Gilham Hamilton Haskins Hinson Huggins Keegan Kirsh Klauber Koon Leach Limehouse Littlejohn Loftis McCraw McGee Meacham-Richardson Merrill Neilson Owens Quinn Rice Riser Sandifer Scarborough Sharpe Sinclair Smith, D.C. Smith, J.R. Smith, W.D. Stille Talley Taylor Thompson Tripp Trotter Vaughn White Wilder Wilkins Witherspoon Young, A. Young, J.
Allen Bales Battle Bowers Breeland Brown, G. Brown, J. Brown, R. Campsen Carnell Chellis Clyburn Cobb-Hunter Coleman Cotty Dantzler Edge Emory Fleming Freeman Govan Harrison Hines, J. Hines, M. Hosey Howard Jennings Knotts Lee Lloyd Lourie Mack Martin McLeod Miller Moody-Lawrence Neal, J.H. Neal, J.M. Ott Parks Perry Phillips Rivers Rodgers Rutherford Scott Sheheen Smith, F.N. Smith, G.M. Smith, J.E. Snow Stuart Townsend Webb Weeks Whatley Whipper
So, the House refused to table the motion to reconsider.
The question then recurred to the motion to reconsider.
Rep. SCOTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Bales Battle Bowers Breeland Brown, G. Brown, J. Brown, R. Campsen Carnell Chellis Clyburn Cobb-Hunter Coleman Cotty Dantzler Edge Emory Fleming Freeman Gourdine Govan Harrison Hayes Hines, J. Hines, M. Hosey
Howard Jennings Knotts Lee Lloyd Lourie Mack Martin McCraw McLeod Miller Moody-Lawrence Neal, J.H. Neal, J.M. Ott Parks Phillips Rivers Rodgers Rutherford Scott Sheheen Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Snow Stuart Townsend Weeks Whatley Whipper Young, J.
Those who voted in the negative are:
Allison Altman Barfield Barrett Bingham Cato Cooper Davenport Delleney Easterday Frye Gilham Hamilton Haskins Hinson Huggins Keegan Kirsh Klauber Koon Law Leach Limehouse Littlejohn Loftis Lucas McGee Meacham-Richardson Merrill Neilson Owens Perry Quinn Rice Scarborough Sharpe Simrill Sinclair Smith, D.C. Smith, W.D. Stille Talley Taylor Thompson Tripp Trotter Vaughn White Wilder Wilkins Witherspoon Young, A.
So, the motion to reconsider was agreed to.
The question then recurred to the adoption of the amendment.
Those who voted in the affirmative are:
Allen Bales Battle Bowers Breeland Brown, G. Brown, J. Brown, R. Campsen Carnell Chellis Clyburn Cotty Edge Emory Fleming Freeman Govan Harrison Hayes Hines, J. Hines, M. Hinson Hosey Howard Jennings Knotts Lee Limehouse Lloyd Lourie Mack Martin McLeod Miller Moody-Lawrence Neal, J.H. Ott Parks Rivers Rodgers Rutherford Scott Sheheen Sinclair Smith, F.N. Smith, J.E. Smith, J.R. Snow Stuart Townsend Weeks Whatley Whipper Wilder Witherspoon
Those who voted in the negative are:
Allison Altman Barfield Barrett Bingham Cato Coleman Cooper Davenport Delleney Easterday Frye Gilham Hamilton Haskins Keegan Kirsh Klauber Koon Leach Littlejohn Loftis Lucas McCraw McGee Meacham-Richardson Merrill Neal, J.M. Neilson Owens Perry Phillips Quinn Rice Riser Sandifer Scarborough Sharpe Simrill
Smith, D.C. Smith, G.M. Smith, W.D. Stille Talley Taylor Thompson Tripp Trotter Vaughn White Wilkins Young, J.
So, the amendment was adopted.
Rep. SCOTT spoke in favor of the Joint Resolution.
Rep. BARRETT spoke against the Joint Resolution.
Rep. RUTHERFORD spoke in favor of the Joint Resolution.
Rep. EASTERDAY spoke against the Joint Resolution.
Rep. HARRISON spoke in favor of the Joint Resolution.
Rep. HOWARD spoke in favor of the Joint Resolution.
Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:
Those who voted in the affirmative are:
Allen Bales Battle Bowers Breeland Brown, G. Brown, J. Brown, R. Carnell Chellis Clyburn Cobb-Hunter Coleman Cotty Dantzler Edge Freeman Govan Harrison Hayes Hines, J. Hines, M. Hinson Hosey Howard Jennings Keegan Law Lee Lloyd Lourie Mack McLeod Miller Moody-Lawrence Neal, J.H. Ott Parks Rivers Rodgers Rutherford Scott Sheheen Smith, F.N. Smith, J.E. Snow Stuart Weeks
Whatley Whipper Witherspoon Young, A.
Those who voted in the negative are:
Allison Altman Barfield Barrett Bingham Cato Cooper Davenport Delleney Easterday Emory Frye Gilham Hamilton Harrell Haskins Huggins Kirsh Klauber Koon Leach Limehouse Littlejohn Loftis Lucas Martin McCraw McGee Meacham-Richardson Merrill Neal, J.M. Neilson Owens Perry Phillips Quinn Rice Riser Sandifer Scarborough Sharpe Simrill Sinclair Smith, D.C. Smith, G.M. Smith, J.R. Smith, W.D. Stille Talley Taylor Thompson Townsend Tripp Trotter Vaughn Webb White Wilder Wilkins
So, the Joint Resolution was rejected.
Rep. ALTMAN moved that the House recur to the Morning Hour, which was agreed to.
The following was received:
Columbia, S.C., March 21, 2002
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 12:15 p.m. today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. W. D. SMITH the invitation was accepted.
The following was received:
Columbia, S.C., March 20, 2002
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has requested and has granted free conference powers and appointed Senators Gregory, Hawkins and Hutto of the Committee of Free Conference on the part of the Senate on S. 182:
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 COUNTY DETENTION FACILITY OFFICER IS A STATUTORY AGGRAVATING CIRCUMSTANCE.
Very respectfully,
President
Received as information.
The following was received from the Senate:
Columbia, S.C., March 20, 2002
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. 3163:
Very respectfully,
President
On motion of Rep. JENNINGS, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. CAMPSEN, VAUGHN and JENNINGS to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received from the Senate:
Columbia, S.C., March 20, 2002
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. 3481:
H. 3481 (Word version) -- Reps. Riser, Quinn, Barfield, Barrett, Bingham, Campsen, Chellis, Dantzler, Edge, Gilham, Gourdine, Harrell, Haskins, Huggins, Keegan, Kelley, Knotts, Law, Limehouse, McCraw, McGee, Miller, J. M. Neal, Ott, Phillips, Rhoad, Rodgers, Sandifer, Scarborough, Sharpe, Sheheen, D. C. Smith, Snow, Talley, Webb, Whatley, White, Witherspoon, A. Young and Bowers: A BILL TO AMEND SECTION 50-13-236, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREEL AND SIZE LIMITS ON
Very respectfully,
President
On motion of Rep. RISER, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. RISER, WITHERSPOON and OTT to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
On motion of Rep. J. E. SMITH, with unanimous consent, the following was taken up for immediate consideration:
H. 4953 (Word version) -- Reps. J. E. Smith, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO RECOGNIZE APRIL AS CHILD ABUSE PREVENTION MONTH.
Whereas, child abuse is a pervasive problem throughout the United States as well as in South Carolina; and
Whereas, one in four girls and one in seven boys will be sexually assaulted by the time they reach their eighteenth birthday; and
Whereas, four children die daily in the United States as a result of maltreatment, and at least twenty South Carolina children died in the year 2000 from abuse or neglect; and
Whereas, child abuse and neglect has an overwhelming negative impact on families and far-reaching effects on all communities in which we live and leaves devastating emotional scars on the children who are victims; and
Whereas, child protection is the responsibility of every citizen, community, and governmental agency; and
Whereas, for the future of our children, our families, and our communities, as well as for the future of our State, this pandemic social problem must be addressed through public awareness and education as well as through programs and services for children and families; and
Whereas, the protection and safety of South Carolina's children must be a major priority of this State. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of South Carolina, by this resolution, recognize April as Child Abuse Prevention Month.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4954 (Word version) -- Reps. Townsend, Martin, W. D. Smith, Gilham, J. Hines, Huggins, Lloyd, Lourie, Miller, J. H. Neal, J. M. Neal, D. C. Smith, Stille, Stuart, Walker and Webb: A BILL TO AMEND CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF TRAFFIC ALONG THE STATE'S HIGHWAYS, BY ADDING ARTICLE 26 SO AS TO DEFINE, ESTABLISH PROVISIONS REGULATING THE OPERATION OF, AND PROVIDE PENALTIES FOR THE ILLEGAL OPERATION OF ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES.
Referred to Committee on Education and Public Works
H. 4955 (Word version) -- Rep. Quinn: A BILL TO AMEND SECTIONS 44-7-2520 AND 44-7-2540, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO THE INFANTS AND TODDLERS WITH DISABILITIES ACT AND THE STATE INTERAGENCY COORDINATING COUNCIL ESTABLISHED TO ASSIST IN THE DEVELOPMENT OF AN INTERAGENCY SYSTEM TO PROVIDE SERVICES PURSUANT TO THIS ACT, SO AS TO CHANGE THE NAME OF THE COUNCIL TO THE "SOUTH CAROLINA INTERAGENCY COORDINATING COUNCIL"; TO AMEND SECTION 44-7-2560, RELATING TO INDIVIDUALIZED FAMILY SERVICE PLANS FOR INFANTS AND TODDLERS RECEIVING SERVICES UNDER THIS ACT, SO AS TO SPECIFY WHO IS COVERED BY THE PLAN, TO SPECIFY THAT THE PLAN MUST BE DEVELOPED WITHIN FORTY-FIVE DAYS AFTER REFERRAL, TO REQUIRE A NEW PLAN TO BE DEVELOPED ANNUALLY, AND TO REQUIRE THE PLAN TO BE REVIEWED WITH THE FAMILY EVERY SIX MONTHS; TO AMEND SECTION 44-7-2570, RELATING TO FUNDING OF THE SERVICES TO BE DELIVERED, SO AS TO PROVIDE THAT CERTAIN FEDERAL FUNDS, INCLUDING CERTAIN MEDICAID FUNDING, MUST BE USED TO PROVIDE SERVICES AND TO REQUIRE LOCAL AND STATE FUNDS FOR EARLY INTERVENTION SERVICES TO BE AT LEAST EQUAL TO FUNDS EXPENDED IN THE MOST RECENT PRECEDING FISCAL YEAR; TO AMEND SECTION 44-7-2600, RELATING TO
H. 4956 (Word version) -- Reps. Cato, Wilkins, W. D. Smith, Harrison, Harrell, Law, Lee, Riser, G. Brown, White, Talley, Battle, Kelley, Altman, Simrill, Scarborough, Phillips, Tripp, Trotter, Barrett, Dantzler, Bales, J. E. Smith, Lourie, Chellis, Leach, Kirsh, Taylor, Wilder, Barfield, Edge, Hinson and Jennings: A BILL TO AMEND CHAPTER 9, TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TELEPHONE AND TELEGRAPH COMPANIES, BY ADDING ARTICLE 23 SO AS TO PROVIDE FOR THE MANNER IN WHICH GOVERNMENT-OWNED TELECOMMUNICATIONS SERVICE PROVIDERS SHALL BE REGULATED AND TAXED, AND TO PROVIDE FOR OTHER PROVISIONS RELATING TO THE OPERATIONS OF THESE GOVERNMENT-OWNED TELECOMMUNICATIONS SERVICE PROVIDERS; BY ADDING SECTION 15-78-65 SO AS TO PROVIDE THAT A GOVERNMENTAL ENTITY HAS NO WAIVER OF IMMUNITY FOR A LOSS RESULTING FROM THE PROVIDING OF TELECOMMUNICATIONS SERVICE BY A GOVERNMENT-OWNED TELECOMMUNICATIONS SERVICE PROVIDER UNDER ITS AUTHORITY; AND TO AMEND SECTION 58-5-30, RELATING TO THE EXEMPTION OF MUNICIPAL UTILITIES FROM REGULATIONS BY THE PUBLIC SERVICE COMMISSION, SO AS TO FURTHER PROVIDE FOR EXCEPTIONS TO THIS EXEMPTION.
Referred to Committee on Labor, Commerce and Industry
H. 4957 (Word version) -- Rep. Owens: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-210 SO AS TO REQUIRE THAT THE OFFICIAL FLAG OF THE
H. 4958 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 4-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS OF THE GOVERNING BODY UNDER VARIOUS FORMS OF COUNTY GOVERNMENT, INCLUDING THE AUTHORITY TO DEVELOP AND IMPLEMENT PERSONNEL SYSTEM POLICIES AND PROCEDURES FOR COUNTY EMPLOYEES, SO AS TO SPECIFY THAT THESE POLICIES AND PROCEDURES DO NOT APPLY TO EMPLOYEES OF ELECTED OFFICIALS, TO PROVIDE THAT EMPLOYMENT AUTHORITY VESTED IN COUNTY GOVERNMENT INCLUDES DISCIPLINARY AUTHORITY, AND TO PROVIDE THAT GRIEVANCE PROCEDURES DO NOT APPLY TO THE DISCHARGE OF AN EMPLOYEE OF AN ELECTED OFFICIAL.
Referred to Committee on Judiciary
H. 4959 (Word version) -- Reps. Harrison, J. E. Smith, Scott, Lourie and Quinn: A BILL TO AMEND SECTION 58-27-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATUTORY MANDATE OF ELECTRICAL OR OTHER PUBLIC UTILITIES TO COMPLY WITH CERTAIN DUTIES AND OBLIGATIONS IMPOSED UPON THEM AS DECLARED BY THE SUPREME COURT OF SOUTH CAROLINA, SO AS TO PROVIDE THAT A MUNICIPALITY AND A PUBLIC UTILITY MAY MUTUALLY AGREE TO TRANSFER THE OBLIGATION TO PROVIDE A PUBLIC TRANSIT SYSTEM UNDER CERTAIN CONDITIONS.
Rep. HARRISON asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. KNOTTS objected.
Referred to Committee on Education and Public Works
S. 951 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-325 SO AS TO PROVIDE A SPECIAL MILLAGE LIMITATION IN CERTAIN COUNTIES IMPLEMENTING COUNTYWIDE
S. 1099 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO REAL PROPERTY OWNED BY THE DEPARTMENT, DESIGNATED AS REGULATION DOCUMENT NUMBER 2685, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
The following was introduced:
H. 4960 (Word version) -- Reps. J. Young, G. M. Smith, G. Brown, J. H. Neal and Weeks: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO RENAME A PORTION OF MCCRAY'S MILL ROAD IN SUMTER COUNTY THE "JOHN M. MAHON HIGHWAY" IN RECOGNITION OF JOHN M. MAHON, A DISTINGUISHED CITIZEN OF SUMTER COUNTY.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
Rep. COOPER moved that upon the completion of the Ratification of Acts, the House stand adjourned, which was agreed to.
At 12:15 p.m. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified:
(R213, S. 504 (Word version)) -- Senator Reese: AN ACT TO AMEND SECTION 56-3-1815, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL LICENSE PLATES TO RETIRED MEMBERS OF THE SOUTH CAROLINA NATIONAL GUARD AND MEMBERS OF THE SOUTH CAROLINA STATE GUARD, SO AS TO PROVIDE THAT
(R214, S. 597 (Word version)) -- Senators Wilson, Grooms and Branton: AN ACT TO AMEND SECTION 56-3-8000, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONPROFIT ORGANIZATION SPECIAL LICENSE PLATES, SO AS TO PROVIDE THAT PRIVATE-PASSENGER MOTOR VEHICLES OR LIGHT PICKUPS HAVING AN EMPTY WEIGHT OF SEVEN THOUSAND POUNDS OR LESS MAY OBTAIN A SPECIAL LICENSE PLATE PURSUANT TO THIS SECTION AND AN ORGANIZATION WHICH HAS OBTAINED CERTIFICATION UNDER SECTION 501(C)(8) OF THE FEDERAL INTERNAL REVENUE CODE MAY OBTAIN A SPECIAL LICENSE PLATE PURSUANT TO THIS SECTION; AND TO AMEND SECTION 56-3-8100, RELATING TO GUIDELINES FOR THE PRODUCTION AND DISTRIBUTION OF SPECIAL LICENSE PLATES, SO AS TO PROVIDE THAT OF THE FEES COLLECTED FOR A SPECIAL LICENSE PLATE, THE COMPTROLLER GENERAL SHALL PLACE SUFFICIENT FUNDS INTO A RESTRICTED ACCOUNT TO BE USED BY THE DEPARTMENT OF PUBLIC SAFETY TO DEFRAY THE EXPENSES OF THE MOTOR VEHICLE DIVISION IN PRODUCING THE SPECIAL PLATES.
(R215, S. 987 (Word version)) -- Senator Reese: AN ACT TO AUTHORIZE THE COMMISSION OF PUBLIC WORKS FOR THE CITY OF SPARTANBURG TO ESTABLISH A SAFETY AND SECURITY DEPARTMENT AND EMPLOY LAKE WARDENS WHO MUST
(R216, H. 3403 (Word version)) -- Reps. Harrison and Rodgers: AN ACT TO AMEND SECTION 56-5-5640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF CERTAIN ABANDONED VEHICLES, SO AS TO PROVIDE THAT A SHERIFF OR HIS DESIGNEE, OR A CHIEF OF POLICE OR HIS DESIGNEE MAY SELL AN ABANDONED VEHICLE AT A PUBLIC AUCTION; TO AMEND SECTION 56-5-6240, AS AMENDED, RELATING TO THE FORFEITURE, CONFISCATION, AND DISPOSITION OF VEHICLES SEIZED FROM PERSONS CONVICTED OF DRIVING UNDER SUSPENSION AND DRIVING UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR A COMBINATION OF BOTH, SO AS TO REVISE THE PROCEDURE FOR DISPOSAL OF A FORFEITED VEHICLE; BY ADDING SECTION 56-5-2522 SO AS TO PROVIDE THE PROCEDURE FOR THE DISPOSAL OF A VEHICLE OR OBJECT THAT IS DIRECTED TO BE TOWED BY A LAW ENFORCEMENT OFFICER; TO AMEND SECTION 27-21-20, AS AMENDED, RELATING TO THE DISPOSAL OF PROPERTY RECOVERED BY A SHERIFF OR CHIEF OF POLICE, SO AS TO REVISE THE PROCEDURE FOR DISPOSAL OF THIS PROPERTY; AND TO AMEND SECTION 56-5-5630, RELATING TO THE NOTICE THAT MUST BE PROVIDED BY A LAW ENFORCEMENT AGENCY TO THE OWNER AND LIENHOLDER OF AN ABANDONED MOTOR VEHICLE IN THE AGENCY'S CUSTODY, THE PENALTY IMPOSED UPON A LIENHOLDER FOR ABANDONING A VEHICLE, AND THE PENALTY IMPOSED UPON AN OWNER OF A VEHICLE THAT HAS BEEN STOLEN AND SUBSEQUENTLY ABANDONED, SO AS TO PROVIDE THAT THE NOTICE THAT MUST BE ISSUED BY THE LAW ENFORCEMENT AGENCY MUST BE ISSUED BY EITHER THE SHERIFF OR HIS
(R217, H. 3822 (Word version)) -- Reps. Cato, Tripp, Bales, Barfield, Edge, Limehouse, McCraw, Meacham-Richardson, Merrill, Robinson, Sandifer, Scott and Whatley: AN ACT TO AMEND SECTION 38-43-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO ARE EXEMPTED FROM THE PROVISION THAT REQUIRES AN AGENT FOR AN INSURER OR FOR A FRATERNAL BENEFIT ASSOCIATION TO POSSESS A LICENSE ISSUED TO HIM BY THE DEPARTMENT OF INSURANCE, SO AS TO ADD CERTAIN LIMITED INSURANCE LICENSEES TO THE LIST OF PERSONS COVERED BY THIS EXEMPTION; AND TO AMEND CHAPTER 43, TITLE 38, RELATING TO AUTOMOBILE INSURANCE, BY ADDING ARTICLE 4 SO AS TO PROVIDE THE DIRECTOR OF THE DEPARTMENT OF INSURANCE THE AUTHORITY TO ISSUE TO A RENTAL COMPANY A LIMITED LICENSE WHICH AUTHORIZES THE COMPANY TO OFFER OR SELL INSURANCE IN CONNECTION WITH THE RENTAL OF A MOTOR VEHICLE.
(R218, H. 3931 (Word version)) -- Rep. Townsend: AN ACT 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 DEFINE THE TERM "APPURTENANCES", AND TO PROVIDE FOR A MAXIMUM WIDTH FOR APPURTENANCES ON MOTOR HOMES, TRAVEL TRAILERS, AND TRUCK CAMPERS IN NONCOMMERCIAL USE; TO AMEND SECTION 56-5-4070, AS AMENDED, RELATING TO LIMITATIONS PLACED ON THE LENGTH OF COMBINATION VEHICLES, SO AS TO REVISE THE MAXIMUM LENGTH OF CERTAIN VEHICLES THAT TRAVEL ALONG THE STATE'S HIGHWAYS, AND TO SUBSTITUTE THE TERM "VEHICLES" FOR THE TERMS "TRAILER OR SEMITRAILERS"; TO AMEND SECTION 57-3-150, RELATING TO THE ISSUANCE OF MULTIPLE TRIP PERMITS BY THE DEPARTMENT OF TRANSPORTATION, SO AS TO PROVIDE THAT THE DEPARTMENT MAY ISSUE ANNUAL TRIP PERMITS TO
(R219, H. 4413 (Word version)) -- Reps. Scarborough, Rodgers, Wilkins, Miller, Leach, R. Brown, Gilham, W.D. Smith and Bowers: AN ACT TO AMEND SECTION 48-39-290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON CONSTRUCTION OR RECONSTRUCTION SEAWARD OF THE COASTAL BASELINE, SO AS TO AUTHORIZE THE RECONSTRUCTION, REPAIR, AND MAINTENANCE OF EXISTING GROINS; TO AUTHORIZE THE CONSTRUCTION OF NEW GROINS ON BEACHES THAT HAVE A HIGH EROSION RATE THREATENING EXISTING DEVELOPMENT OR PUBLIC PARKS AND ONLY IN FURTHERANCE OF AN ON-GOING BEACH RENOURISHMENT EFFORT AND TO FURTHER REQUIRE AN APPLICANT FOR NEW GROINS TO MONITOR THE GROINS FOR THE LIFE OF THE PROJECT; TO REQUIRE GROINS TO BE PERMITTED ONLY AFTER THOROUGH ANALYSIS DEMONSTRATES NO DETRIMENTAL EFFECT WILL BE CAUSED; TO REQUIRE RECONFIGURATION, REMOVAL, OR BEACH RENOURISHMENT IF GROIN MONITORING INDICATES INCREASED EROSION; TO REQUIRE NOTICE TO COMMUNITIES OF APPLICATIONS FOR GROIN PROJECTS; AND TO PROVIDE THAT NO PRIVATE CAUSE OF ACTION IS CREATED, TO SPECIFY THE REMEDIES AVAILABLE, AND TO PROVIDE PROCEDURES FOR A LANDOWNER ADVERSELY IMPACTED BY A GROIN TO NOTIFY THE DEPARTMENT OF SUCH IMPACT AND FOR THE DEPARTMENT TO RESPOND.
(R220, H. 4430 (Word version)) -- Reps. Cato, Kirsh, Walker, Law and Vaughn: AN ACT TO AMEND SECTION 38-43-106, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTINUING EDUCATION REQUIREMENTS FOR INSURANCE AGENTS AND THE ADVISORY COMMITTEE TO THE DEPARTMENT OF INSURANCE WHICH RECOMMENDS CONTINUING EDUCATION COURSES FOR APPROVAL BY THE DEPARTMENT, SO AS TO MAKE A TECHNICAL CORRECTION BY UPDATING THE NAMES OF TWO ORGANIZATIONS THAT
(R221, H. 4465 (Word version)) -- Reps. Coates and McGee: A JOINT RESOLUTION TO PROVIDE FOR A REFERENDUM MAY 7, 2002, TO DETERMINE IF THE FLORENCE COUNTY SCHOOL DISTRICT ONE BOARD OF TRUSTEES ANNUALLY MAY RAISE THE MILLAGE FOR SCHOOL OPERATIONS BY FIVE MILLS OVER THE MILLAGE LEVIED FOR THE PREVIOUS YEAR, NOT TO EXCEED AN INCREASE OF TWENTY MILLS OVER A FIVE-YEAR PERIOD, AND TO REQUIRE A REFERENDUM IF THE PROPOSED MILLAGE IN ANY ONE YEAR EXCEEDS FIVE MILLS.
(R222, H. 4682 (Word version)) -- Rep. Harrison: AN ACT TO AMEND SECTION 36-9-109, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCOPE OF THE UNIFORM COMMERCIAL CODE PROVISIONS GOVERNING SECURED TRANSACTIONS, SO AS TO MAKE PROVISIONS INAPPLICABLE TO A TRANSFER BY A GOVERNMENTAL UNIT, AND TO DELETE THE PREEMPTION OF THESE PROVISIONS GOVERNING SECURED TRANSACTIONS BY A STATUTE OF THIS STATE OR ANOTHER STATE OR FOREIGN COUNTRY; AND TO PROVIDE A SOUTH CAROLINA REPORTER'S COMMENT REGARDING THE AMENDMENT.
(R223, H. 4702 (Word version)) -- Rep. Taylor: AN ACT TO AMEND ACT 778 OF 1988, RELATING TO THE CREATION OF THE REGISTRATION AND ELECTIONS COMMISSION FOR LAURENS COUNTY, SO AS TO STAGGER THE TERMS OF MEMBERS OF THE COMMISSION BEGINNING IN 2005.
(R224, H. 4730 (Word version)) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF ARCHIVES AND HISTORY, RELATING TO GENERAL RETENTION SCHEDULE FOR STATE ADMINISTRATIVE RECORDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2666, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R225, H. 4731 (Word version)) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF ARCHIVES AND HISTORY, RELATING TO GENERAL RETENTION SCHEDULE FOR STATE FINANCIAL RECORDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2667, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R226, H. 4732 (Word version)) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF ARCHIVES AND HISTORY, RELATING TO GENERAL RETENTION SCHEDULES FOR COUNTY RECORDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2669, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R227, H. 4736 (Word version)) -- Reps. Harvin and J. Young: AN ACT TO AUTHORIZE THE BOARD OF TRUSTEES OF SCHOOL DISTRICT 1 OF CLARENDON COUNTY TO ISSUE GENERAL OBLIGATION BONDS OF THE DISTRICT UP TO ITS CONSTITUTIONAL DEBT LIMIT TO FUND AN OPERATING DEFICIT AND CURRENT OPERATING EXPENDITURES; TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSES FOR WHICH THE PROCEEDS MAY BE EXPENDED; AND TO MAKE PROVISION FOR THE PAYMENT OF THE BONDS.
The Senate returned to the House with concurrence the following:
H. 4915 (Word version) -- Rep. Rutherford: A CONCURRENT RESOLUTION EXTENDING GREETINGS AND A WARM WELCOME FROM THE STATE OF SOUTH CAROLINA TO THE JOINT ANNUAL MEETING OF THE NATIONAL INSTITUTE OF SCIENCE, BETA KAPPA CHI SCIENTIFIC HONOR SOCIETY, AND BROOKHAVEN SEMESTER PROGRAM AT BENEDICT COLLEGE AS HOST INSTITUTION AT THE ADAMS MARK HOTEL, MARCH 27-31, 2002.
H. 4916 (Word version) -- Reps. Harvin and J. Young: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE
H. 4924 (Word version) -- Reps. J. R. Smith, Clyburn, Perry, Sharpe and D. C. Smith: A CONCURRENT RESOLUTION TO COMMEND LIEUTENANT MICHAEL HUNT OF THE AIKEN DEPARTMENT OF PUBLIC SAFETY FOR HIS DEDICATION TO LAW ENFORCEMENT AND HIS DETERMINATION TO KEEP AIKEN COUNTY SAFE, AND TO HONOR HIM FOR HIS RECEIPT OF THE STROM THURMOND AWARD FOR EXCELLENCE IN LAW ENFORCEMENT ON THE CITY LEVEL.
H. 4926 (Word version) -- Reps. Townsend, Barrett, Cooper, Martin, Sandifer, Stille, Thompson and White: A CONCURRENT RESOLUTION COMMENDING JOANN CAMPBELL OF ANDERSON COUNTY FOR HER OUTSTANDING SERVICE TO THE STATE OF SOUTH CAROLINA AND WISHING HER SUCCESS AND HAPPINESS FOLLOWING HER RETIREMENT.
H. 4929 (Word version) -- Reps. Carnell, Thompson, White, Martin, Townsend, Stille and Cooper: A CONCURRENT RESOLUTION TO RECOGNIZE MR. LOY WAGNER OF WILLIAMSTON FOR HIS LIFELONG DEDICATION TO MUSIC EDUCATION AND TO EXPRESS THE SINCERE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MR. WAGNER FOR ENRICHING THE LIVES OF THOUSANDS OF SOUTH CAROLINA STUDENTS BY SHARING HIS TALENT AND LOVE FOR MUSIC.
H. 4936 (Word version) -- Reps. J. Young, G. M. Smith, G. Brown, J. H. Neal and Weeks: A CONCURRENT RESOLUTION TO EXPRESS THE SINCERE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY UPON THE DEATH OF FREDERICK EARLE BROGDON, ONE OF SUMTER'S MOST RESPECTED BUSINESS AND CIVIC LEADERS, WHO PASSED AWAY WEDNESDAY, MARCH 13, 2002, AND TO EXTEND DEEPEST SYMPATHY TO HIS LOVING FAMILY AND MANY FRIENDS.
H. 4941 (Word version) -- Reps. McLeod, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION RECOGNIZING THE 2002 OBSERVANCE OF NATIONAL AGRICULTURE DAY ON WEDNESDAY, MARCH 20, 2002, AND ENCOURAGING ALL SOUTH CAROLINIANS TO REFLECT ON THE CENTRAL ROLE OF AGRICULTURE IN THIS STATE AND THE UNITED STATES AS THE BASIS FOR OUR FOOD, FIBER, SHELTER, AND INCREASINGLY, FUEL, AND EXPRESS APPRECIATION FOR THE HARDWORKING MEN AND WOMEN WHO COMPRISE OUR STATE'S AND THE NATION'S AGRICULTURAL COMMUNITY.
At 12:30 p.m. the House, in accordance with the motion of Rep. EMORY, adjourned in memory of Reverend Billy Deason of Lancaster, to meet at 10:00 a.m. tomorrow.
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