Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr. as follows:
Our thought for the day is from Lamentations 3:22: "The steadfast love of the Lord never ceases, His mercies never come to an end."
Almighty God, whose guiding hand is always held out to us. Bless us with the confidence to trust in the ways You open before us, however rocky or precarious it might look. Bless us with the faith to believe Your promise, that You walk beside us all the way and carry us when we are in trouble. Grant wisdom, strength and courage to these our leaders in this State. Hear us, we pray. 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. HINSON moved that when the House adjourns, it adjourn in memory of Charles B. Gibson of Goose Creek, which was agreed to.
Document No. 2620
Agency: Department of Insurance
Statutory Authority: 1976 Code Sections 38-3-110; 38-73-70; 1-23-110 et seq.
Percentage Named Storm or Wind/Hail Deductible
Received by Speaker of the House of Representatives
April 26, 2001
Referred to Labor, Commerce and Industry Committee
Withdrawn February 12, 2002
The following was received:
Columbia, S.C., April 16, 2002
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Alexander, Pinckney and Waldrep of the Committee of Conference on the part of the Senate on H. 3515:
H. 3515 (Word version) -- Reps. Sandifer, Robinson, Allison, Altman, Askins, Barfield, Barrett, Bingham, Carnell, Cato, Chellis, Cobb-Hunter, Cooper, Dantzler, Harrell, Huggins, Keegan, Kelley, Kirsh, Klauber, Law, Leach, Martin, Meacham-Richardson, J. M. Neal, Phillips, Rice, Riser, Simrill, D. C. Smith, W. D. Smith, Snow, Talley, Taylor, Thompson, Trotter, Walker, Whipper, Wilder, A. Young, McLeod, Davenport, Emory, Sinclair and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-19-235 SO AS TO PROVIDE THAT A NONRESIDENT EMBALMER OR FUNERAL DIRECTOR MAY BE LICENSED IN THIS STATE IF THE LICENSURE REQUIREMENTS OF HIS STATE ARE SUBSTANTIALLY SIMILAR TO REQUIREMENTS OF THIS STATE AND TO REQUIRE FIVE YEARS OF PRACTICE AND PASSAGE OF AN EXAMINATION FOR LICENSURE WHEN THE LICENSURE REQUIREMENTS IN ANOTHER STATE ARE NOT SUBSTANTIALLY SIMILAR TO REQUIREMENTS IN THIS STATE; TO ADD SECTION 40-19-265 SO AS TO ESTABLISH PERMIT REQUIREMENTS FOR FUNERAL HOMES, BRANCH FUNERAL HOMES, RETAIL SALES OUTLETS, AND CREMATORIES; TO AMEND SECTION 40-19-10, AS AMENDED, RELATING TO THE SOUTH CAROLINA STATE BOARD OF FUNERAL SERVICE, SO AS TO REQUIRE ALL FUNERAL DIRECTORS AND EMBALMERS SERVING ON THE BOARD TO BE FULL-TIME EMPLOYEES OF A FUNERAL ESTABLISHMENT; TO AMEND SECTION 40-19-20, AS AMENDED, RELATING TO DEFINITIONS CONCERNING EMBALMERS AND FUNERAL DIRECTORS, SO AS TO REVISE, AMONG OTHER DEFINITIONS, "BRANCH FUNERAL HOME", "DISPOSITION", AND "MANAGER" AND TO DEFINE ADDITIONAL TERMS; TO AMEND SECTION 40-19-110, AS AMENDED, RELATING TO GROUNDS FOR MISCONDUCT, SO AS TO PROHIBIT SOLICITING THE SALE OF FUNERAL MERCHANDISE AND TO CLARIFY OTHER GROUNDS; TO AMEND SECTION 40-19-230, RELATING TO QUALIFICATIONS FOR LICENSURE, SO AS TO CHANGE THE ACCREDITING BODY FOR EMBALMING COLLEGES AND TO CONFORM PROVISIONS TO THE REVISED LICENSURE REQUIREMENTS FOR OUT-OF-STATE EMBALMERS AND FUNERAL DIRECTORS; TO AMEND SECTION 40-19-270, RELATING TO PERMITS AND INSPECTIONS OF FUNERAL ESTABLISHMENTS AND CREMATORIES, SO AS TO APPLY CERTAIN OF THESE PROVISIONS TO RETAIL SALES OUTLETS; TO AMEND SECTION 40-19-280, RELATING TO THE REQUIREMENT THAT A PERSON BE LICENSED TO HOLD HIMSELF OUT AS PRACTICING FUNERAL SERVICE OR OPERATING A FUNERAL ESTABLISHMENT, SO AS TO APPLY THIS LICENSURE REQUIREMENT TO A PERSON OPERATING A CREMATORY OR A RETAIL SALES OUTLET; AND TO AMEND SECTION 40-19-290, RELATING TO DISCLOSURE OF INFORMATION AND EXPENSES TO CLIENTS BY FUNERAL ESTABLISHMENTS, SO AS TO ALSO REQUIRE CREMATORIES TO DISCLOSE SUCH INFORMATION AND EXPENSES TO ITS CLIENTS.
Very respectfully,
President
Received as information.
Rep. FLEMING, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 4688 (Word version) -- Rep. Rivers: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THAT PORTION OF STATE HIGHWAY 336 IN JASPER COUNTY AS THE "CLARENCE W. FLOYD MEMORIAL HIGHWAY" IN MEMORY OF FORMER SHERIFF CLARENCE FLOYD OF JASPER COUNTY WHO WAS ELECTED SHERIFF IN 1946 AND SERVED CONTINUOUSLY UNTIL JANUARY 18, 1962 WHEN HE WAS KILLED IN THE LINE OF DUTY WHILE SERVING HIS COUNTY AND STATE.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
H. 4435 (Word version) -- Reps. Robinson, Altman and Whipper: A BILL TO AMEND SECTIONS 15-78-80 AND 15-78-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO THE SOUTH CAROLINA TORT CLAIMS, SO AS TO DELETE THE REQUIREMENT THAT A CLAIM BE VERIFIED.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
H. 4922 (Word version) -- Reps. Scarborough, Owens and Limehouse: A BILL TO AMEND SECTIONS 1-23-120 AND 1-23-125, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO GENERAL ASSEMBLY REVIEW OF REGULATIONS AND REQUESTS TO WITHDRAW REGULATIONS, SO AS TO REQUIRE AFFIRMATIVE APPROVAL OF REGULATIONS RATHER THAN ALLOWING THEM TO BECOME EFFECTIVE AFTER ONE HUNDRED TWENTY DAYS, TO DELETE REFERENCES TO THE ONE-HUNDRED-TWENTY-DAY PERIOD AND TO PROVIDE THAT IF A RESOLUTION TO APPROVE OR DISAPPROVE A REGULATION HAS NOT BEEN ENACTED BY THE END OF THE SECOND YEAR OF THE LEGISLATIVE SESSION, THE REGULATION MUST BE PROMULGATED AS A NEW REGULATION BEFORE SUBMITTING FOR SUBSEQUENT APPROVAL.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 4387 (Word version) -- Reps. Kirsh, Keegan, Wilkins, Witherspoon, Taylor, Littlejohn, Vaughn, Simrill, Altman, Sandifer, Walker, Meacham-Richardson, Campsen and Miller: A BILL TO AMEND SECTION 12-21-2710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TYPES OF MACHINES AND DEVICES USED FOR GAMBLING IN CERTAIN LOCATIONS WHICH ARE PROHIBITED BY LAW, SO AS TO DEFINE THE TERM PREMISES TO INCLUDE BOATS, SHIPS, FLOATS, OR VESSELS LOCATED WITHIN THE STATE OR ITS TERRITORIAL WATERS; AND TO AMEND SECTION 16-19-40, AS AMENDED, RELATING TO UNLAWFUL GAMES AND BETTING, SO AS TO INCLUDE AS AN UNLAWFUL GAMBLING LOCATION A BOAT, SHIP, FLOAT, OR VESSEL LOCATED WITHIN THE STATE AND ITS TERRITORIAL WATERS.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3959 (Word version) -- Reps. Rodgers, Simrill, Gilham, Hosey, Owens, Sinclair, G. M. Smith, Stille, Talley and Weeks: A BILL TO AMEND SECTION 56-5-2990, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE, AND THE PERIOD OF SUSPENSION, SO AS TO PROVIDE THAT A PERSON WHO MUST COMPLETE AN ALCOHOL AND DRUG SAFETY ACTION PROGRAM AS A CONDITION OF REINSTATEMENT OF HIS DRIVING PRIVILEGES TO OBTAIN A ROUTE RESTRICTED OR SPECIAL RESTRICTED DRIVER'S LICENSE MAY USE THE ROUTE RESTRICTED OR SPECIAL RESTRICTED DRIVER'S LICENSE TO ATTEND THE ALCOHOL AND DRUG SAFETY ACTION PROGRAM CLASSES IN ADDITION TO THE OTHER PERMITTED USES OF EITHER DRIVER'S LICENSE.
Ordered for consideration tomorrow.
Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:
H. 4968 (Word version) -- Rep. Sharpe: A BILL TO AMEND SECTION 47-9-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXPIRATION AND RENEWAL OF BRANDS, SO AS TO PROVIDE THAT A REGISTERED BRAND IS THE PROPERTY OF THE PERSON ADOPTING AND REGISTERING THE BRAND, HIS HEIRS AND ASSIGNS, UNTIL AND UNLESS THE BRAND IS CANCELLED OR REVOKED AS PROVIDED IN THIS ARTICLE; TO AMEND SECTION 47-9-340, RELATING TO CANCELLATION OF REGISTRATION, SO AS TO DELETE AN OBSOLETE PROVISION; AND TO REPEAL SECTIONS 47-9-310 AND 47-9-320 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:
H. 4858 (Word version) -- Reps. Sharpe, Davenport and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-1-87 SO AS TO ENACT THE "AQUATIC TOXICITY PROTECTION ACT" TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO IMPOSE TOXICITY NPDES PERMIT LIMITATIONS IF A DISCHARGE HAS THE POTENTIAL TO IMPACT WATER QUALITY UNDER CERTAIN CONDITIONS AND TO FURTHER DIRECT THE DEPARTMENT IN TESTING AND DEVELOPING METHODOLOGIES TO IMPLEMENT THIS REQUIREMENT.
Ordered for consideration tomorrow.
Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:
H. 4650 (Word version) -- Reps. Talley, Bingham, Littlejohn, Quinn and Thompson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-704 SO AS TO DESIGNATE GOLDENROD THE OFFICIAL STATE WILDFLOWER.
Ordered for consideration tomorrow.
Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:
H. 4767 (Word version) -- Reps. Gilham, Allison, Rodgers, Walker, Vaughn and Hamilton: A BILL TO AMEND SECTION 44-55-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATER, SEWAGE, WASTE DISPOSAL, AND THE LIKE SO AS TO PROVIDE THAT CERTAIN PROVISIONS RELATING TO THE PROTECTION AND MAINTENANCE OF WATER SYSTEMS DO NOT APPLY TO A PROFESSIONALLY INSTALLED LAWN SPRINKLER SYSTEM OR LAWN IRRIGATION SYSTEM CONNECTED TO A PUBLIC WATER SYSTEM.
Ordered for consideration tomorrow.
Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:
H. 4944 (Word version) -- Rep. Sharpe: A BILL TO AMEND SECTION 46-25-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS ASSOCIATED WITH FERTILIZERS, BY ADDING A DEFINITION OF "RESTRICTED FERTILIZER"; TO AMEND SECTION 46-25-210, AS AMENDED, RELATING TO REGISTRATION OF FERTILIZER, SO AS TO PROVIDE FOR FERTILIZER DISTRIBUTOR PERMITS, TO PROVIDE FOR GENERAL AND RESTRICTED FERTILIZER PERMITS, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION; AND TO AMEND SECTION 46-25-1170, RELATING TO CIVIL PENALTIES IN ADDITION TO OTHER PENALTIES, SO AS TO INCLUDE THE DENIAL, REVOCATION, OR MODIFICATION OF CERTAIN PERMITS WITHIN THE SECTION.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
H. 4815 (Word version) -- Rep. Cato: A BILL TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING CHAPTER 14 SO AS TO ENACT THE "SPECIAL PURPOSE REINSURANCE VEHICLE MODEL ACT" TO INCLUDE PROVISIONS FOR ACHIEVING GREATER EFFICIENCY IN CONDUCTING INSURANCE SECURITIZATIONS, TO DIVERSIFY AND BROADEN INSURERS' ACCESS TO SOURCES OF RISK-BEARING CAPITAL, TO MAKE INSURANCE SECURITIZATION AS GENERALLY AVAILABLE TO AS MANY INSURERS AS POSSIBLE, AND TO CREATE SPECIAL PURPOSE REINSURANCE VEHICLES IN ORDER TO FACILITATE THE SECURITIZATION OF ONE OR MORE CEDING INSURERS' RISK AS A MEANS OF ACCESSING ALTERNATIVE SOURCES OF CAPITAL.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
S. 1020 (Word version) -- Senators Thomas and Alexander: A BILL TO AMEND SECTION 38-74-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO THE SOUTH CAROLINA HEALTH INSURANCE POOL, SO AS TO MODIFY THE DEFINITIONS OF "HEALTH INSURANCE" AND "INDIVIDUAL MARKET"; TO AMEND SECTION 38-74-30, RELATING TO HEALTH INSURANCE POOL COVERAGE ELIGIBILITY, SO AS TO EXTEND MEDICARE SUPPLEMENT HEALTH INSURANCE COVERAGE TO THOSE INDIVIDUALS WHO ARE ELIGIBLE FOR MEDICARE DUE TO DISABILITY AND UNDER SIXTY-FIVE YEARS OF AGE; TO AMEND SECTION 38-74-60, RELATING TO MAJOR MEDICAL EXPENSE COVERAGE, SO AS TO EXTEND COVERAGE TO THOSE INDIVIDUALS WHO ARE ELIGIBLE FOR MEDICARE DUE TO DISABILITY AND UNDER SIXTY-FIVE YEARS OF AGE AND TO PROVIDE FOR THE TYPES OF BENEFIT PLANS TO BE OFFERED TO THESE INDIVIDUALS AND THE METHOD FOR ESTABLISHING PREMIUM RATES FOR THE COVERAGE; AND TO AMEND SECTION 38-74-80, RELATING TO TAX EXEMPTIONS AND CREDITS, SO AS TO PROVIDE THAT, IF THE TOTAL ASSESSMENT FOR ALL MEMBERS OF THE POOL EXCEEDS TEN MILLION DOLLARS IN ANY ONE YEAR, THE CREDIT FOR ANY MEMBER SHALL BE LIMITED TO THE AMOUNT DETERMINED BY MULTIPLYING THE MEMBER'S ASSESSMENT BY A FRACTION, THE NUMERATOR OF WHICH EQUALS TEN MILLION DOLLARS AND THE DENOMINATOR OF WHICH EQUALS THE TOTAL ASSESSMENT IN THE YEAR FOR ALL MEMBERS OF THE POOL.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
H. 4771 (Word version) -- Reps. Keegan, Knotts, Hosey, Whipper, Clyburn, Frye, Gourdine, J. Hines, Kelley, Leach, Littlejohn and Whatley: A BILL TO AMEND SECTION 40-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED CONCERNING THE LICENSURE AND REGULATION OF ARCHITECTS, SO AS TO ADD THE DEFINITION OF "EMERITUS ARCHITECT"; TO AMEND SECTION 40-3-230, RELATING TO QUALIFICATIONS FOR LICENSURE AS AN ARCHITECT, SO AS TO INCLUDE THE CANADIAN ARCHITECTURAL CERTIFICATION BOARD AS AN ACCREDITING BODY OF SCHOOLS OR PROGRAMS FOR ARCHITECTS; TO AMEND SECTION 40-3-250, RELATING TO LICENSE RENEWAL REQUIREMENTS, SO AS TO EXEMPT EMERITUS ARCHITECTS FROM CONTINUING EDUCATION REQUIREMENTS UNLESS RETURNING TO ACTIVE PRACTICE; TO ADD SECTION 40-3-255 SO AS TO AUTHORIZE THE BOARD OF ARCHITECTURAL EXAMINERS TO ESTABLISH THE SOUTH CAROLINA ARCHITECTURE EDUCATION AND RESEARCH FUND, TO ALLOCATE REVENUE FROM RENEWAL FEES TO THE FUND, AND TO PROVIDE FOR THE PURPOSES OF THE FUND; AND TO AMEND SECTION 40-3-290, RELATING TO THOSE PERSONS AND ACTIVITIES EXEMPT FROM LICENSURE AND REGULATION AS AN ARCHITECT, SO AS TO REVISE A BUILDING CODE REFERENCE.
Ordered for consideration tomorrow.
The Senate sent to the House the following:
S. 1018 (Word version) -- Senator Land: A CONCURRENT RESOLUTION REQUESTING THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF HIGHWAY 15 THAT RUNS THROUGH SILVER IN CLARENDON COUNTY, WHICH IS THE HOMETOWN OF ALTHEA GIBSON, IN HONOR OF ALTHEA GIBSON, A GREAT PIONEER AND CHAMPION IN TENNIS AND GOLF, WHO HAS BROUGHT TREMENDOUS RECOGNITION AND CREDIT TO OUR STATE THROUGH HER OUTSTANDING ACCOMPLISHMENTS.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 1212 (Word version) -- Senators Pinckney and Richardson: A CONCURRENT RESOLUTION REQUESTING THE STATE DEPARTMENT OF EDUCATION TO ISSUE CORRECTED DIPLOMAS AND TO CHANGE RELATED RECORDS FOR THE 1949 AND 1950 GRADUATES OF PENN SCHOOL OF ST. HELENA ISLAND SO AS TO REFLECT THE NAME OF THE FACILITY THEY ATTENDED AND FROM WHICH THEY GRADUATED AS "PENN HIGH SCHOOL".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 5132 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, RELATING TO RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2686, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
H. 5133 (Word version) -- Rep. Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-290 SO AS TO REQUIRE PUBLIC INSTITUTIONS OF HIGHER LEARNING TO NOTIFY INCOMING STUDENTS, OR THEIR PARENTS, OF THE RISK OF CONTRACTING MENINGOCOCCAL DISEASE IF LIVING IN ON-CAMPUS STUDENT HOUSING AND TO REQUIRE THESE INSTITUTIONS TO RECOMMEND VACCINATION AGAINST THIS DISEASE IN THE INSTITUTION'S HEALTH AND MEDICAL INFORMATION PROVIDED TO STUDENTS AND PARENTS.
On motion of Rep. TOWNSEND, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 5134 (Word version) -- Reps. Wilder, Taylor and Carnell: A BILL TO PROVIDE THAT MEMBERS OF THE LAURENS COUNTY TRANSPORTATION COMMITTEE MAY BE PAID FOR ATTENDING NOT MORE THAN THIRTEEN MEETINGS FOR EACH FISCAL YEAR.
On motion of Rep. WILDER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 5137 (Word version) -- Reps. Carnell, Klauber and Parks: A BILL TO PROVIDE THAT MEMBERS OF THE GREENWOOD COUNTY TRANSPORTATION COMMITTEE MAY BE PAID FOR ATTENDING NOT MORE THAN THIRTEEN MEETINGS FOR EACH FISCAL YEAR.
On motion of Rep. CARNELL, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 638 (Word version) -- Senator Reese: A BILL TO AMEND CHAPTER 3, TITLE 53, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL DAYS BY ADDING SECTION 53-3-150 SO AS TO PROVIDE THAT MARCH SIXTH OF EACH YEAR IS LYMPHEDEMA D-DAY IN SOUTH CAROLINA, AND TO ENCOURAGE SOUTH CAROLINIANS TO WEAR A BUTTERFLY ON LYMPHEDEMA D-DAY AS A SYMBOL OF CARING AND HOPE FOR THOSE LIVING AND COPING WITH LYMPHEDEMA AND THE DEBILITATING CONDITION ASSOCIATED WITH LYMPHEDEMA.
Referred to Committee on Medical, Military, Public and Municipal Affairs
S. 1045 (Word version) -- Senator Thomas: A BILL TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING CHAPTER 14 SO AS TO ENACT THE "SPECIAL PURPOSE REINSURANCE VEHICLE MODEL ACT" TO INCLUDE PROVISIONS FOR ACHIEVING GREATER EFFICIENCY IN CONDUCTING INSURANCE SECURITIZATIONS, TO DIVERSIFY AND BROADEN INSURERS' ACCESS TO SOURCES OF RISK-BEARING CAPITAL, TO MAKE INSURANCE SECURITIZATION AS GENERALLY AVAILABLE TO AS MANY INSURERS AS POSSIBLE, AND TO CREATE SPECIAL PURPOSE REINSURANCE VEHICLES IN ORDER TO FACILITATE THE SECURITIZATION OF ONE OR MORE CEDING INSURERS' RISK AS A MEANS OF ACCESSING ALTERNATIVE SOURCES OF CAPITAL.
Referred to Committee on Labor, Commerce and Industry
S. 1048 (Word version) -- Senator Fair: A BILL TO AMEND SECTION 23-19-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARGES A SHERIFF OR JAILER MAY IMPOSE FOR THE HOUSING OF PRISONERS COMMITTED TO A COUNTY JAIL TO SERVE A SENTENCE IMPOSED BY THE FEDERAL COURTS, SO AS TO REVISE THE FEE AND ITS DISTRIBUTION, AND TO PROVIDE THAT A CONTRACT FOR HOUSING OF FEDERAL PRISONERS MUST BE MADE BETWEEN THE ENTITY THAT OPERATES THE COUNTY JAIL OR DETENTION FACILITY AND THE APPROPRIATE FEDERAL AUTHORITY.
Referred to Committee on Judiciary
S. 1078 (Word version) -- Senator Short: A BILL TO AMEND SECTION 16-25-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONDITIONS FOR EARLY PAROLE FOR CERTAIN OFFENDER VICTIMS OF SPOUSAL ABUSE, SO AS TO PROVIDE THAT THE OFFENDER MUST PRESENT EVIDENCE THAT CONVINCES THE SENTENCING JUDGE BY A PREPONDERANCE OF THE EVIDENCE IN ORDER TO BE ELIGIBLE FOR EARLY PAROLE AND TO MAKE CERTAIN OTHER CHANGES.
Referred to Committee on Judiciary
S. 1092 (Word version) -- Senators Leatherman and Short: A BILL TO AMEND SECTION 6-4-5, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE ACCOMMODATIONS TAX, SO AS TO REDEFINE "TOURIST" TO DISTINGUISH BUSINESS COMMUTERS TO AND FROM CERTAIN UNDERDEVELOPED COUNTIES.
Referred to Committee on Ways and Means
S. 1096 (Word version) -- Senator Moore: A BILL TO AMEND SECTION 50-11-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IT BEING UNLAWFUL TO CARRY WEAPONS WHILE HUNTING RACCOONS, OPOSSUMS, OR FOX DURING THE PERIOD IT IS LAWFUL TO HUNT THEM WITHOUT WEAPONS, SO AS TO PROVIDE THAT IT IS LAWFUL TO RUN RACCOONS WITH DOGS AT ANY TIME DURING THE YEAR.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
S. 1163 (Word version) -- Senator Gregory: A BILL TO AMEND ARTICLE 5, CHAPTER 9, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING AND FISHING LICENSES, BY ADDING SECTION 50-9-545 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO TAKE STRIPED BASS, HYBRID STRIPED BASS, BROOK TROUT, BROWN TROUT, RAINBOW TROUT, OR SMALL MOUTH BASS IN THE FRESHWATERS OF THIS STATE WITHOUT FIRST PROCURING A STATE FRESHWATER FISHERIES HATCHERY STAMP AND HAVING A VALID STAMP IN THEIR POSSESSION WHILE FISHING OR TRANSPORTING STRIPED BASS, HYBRID STRIPED BASS, BROOK TROUT, BROWN TROUT, RAINBOW TROUT, OR SMALL MOUTH BASS CAUGHT IN THE FRESHWATERS OF THIS STATE, TO PROVIDE FOR FURNISHING THE STAMP AND FOR USE OF THE PROCEEDS FROM THE SALE OF THE STAMP, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
S. 1187 (Word version) -- Senators Rankin and Elliott: A JOINT RESOLUTION TO PROVIDE THAT JANUARY 4, 2002, MISSED BY THE STUDENTS IN HORRY COUNTY SCHOOL SYSTEM WHEN SCHOOL WAS CLOSED DUE TO INCLEMENT WEATHER CONDITIONS IS EXEMPT 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.
On motion of Rep. KELLEY, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
S. 1195 (Word version) -- Senator Martin: A BILL TO ENACT THE "SCHOOL DISTRICT OF PICKENS COUNTY SCHOOL BOND PROPERTY TAX RELIEF ACT" WHICH AUTHORIZES THE IMPOSITION OF THE ONE PERCENT SALES AND USE TAX WITHIN PICKENS COUNTY UPON APPROVAL IN A REFERENDUM TO BE USED FOR SPECIFIED SCHOOL PURPOSES.
Referred to Committee on Ways and Means
S. 1202 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO NONGAME AND ENDANGERED SPECIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2710, 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. 5135 (Word version) -- Reps. A. Young, Chellis, Cobb-Hunter, Harrell and Owens: A HOUSE RESOLUTION TO COMMEND ASSISTANT CHIEF RODNEY PROFIT OF THE SUMMERVILLE FIRE DEPARTMENT, ASSISTANT CHIEF JOE WATERS OF THE OLD-FORT FIRE DEPARTMENT, AND THE MANY OTHER FIREFIGHTERS, POLICE, AND EMERGENCY MEDICAL PERSONNEL WHO RENDERED OUTSTANDING ASSISTANCE AT THE RISK OF THEIR OWN SAFETY AT A DEVASTATING FIRE IN DORCHESTER COUNTY IN FEBRUARY WHICH CAUSED SUBSTANTIAL PROPERTY DAMAGES AND PERSONAL INJURIES.
The Resolution was adopted.
The following was introduced:
H. 5136 (Word version) -- Reps. Sharpe and Frye: A CONCURRENT RESOLUTION TO CONGRATULATE THE KINGS ACADEMY GIRLS BASKETBALL TEAM, THEIR COACHES, STAFF, AND OTHER OFFICIALS FOR THEIR 57-46 WIN OVER CAROLINA ACADEMY FOR THE SOUTH CAROLINA INDEPENDENT SCHOOL ATHLETIC ASSOCIATION AA STATE CHAMPIONSHIP.
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 Coates Cobb-Hunter Cooper Cotty Dantzler Davenport Delleney Easterday Emory Freeman Frye Gilham Gourdine Hamilton Harrison Haskins Hayes Hines, J. Hines, M. Hinson Howard Huggins Jennings Keegan Kelley Kennedy Kirsh Klauber Knotts Koon Law Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack McCraw McGee McLeod Meacham-Richardson Merrill Miller Neal, J.H. Neal, J.M. Neilson Owens Parks Perry Phillips Rhoad Rice Riser Rivers Rodgers Sandifer Scarborough Scott Sharpe Simrill Sinclair Smith, D.C. Smith, F.N. Smith, J.E. Smith, J.R. Smith, W.D. Snow Stille Talley Taylor Thompson Townsend Trotter Vaughn Walker Webb Weeks Whatley Whipper White Wilder Wilkins Witherspoon Young, A. Young, J.
I came in after the roll call and was present for the Session on Wednesday, April 17.
G. Murrell Smith Lonnie Hosey Todd Rutherford Creighton Coleman Elsie Stuart Harry Ott Daniel Tripp Jerry Govan Tracy Edge Ronald Fleming Becky Martin Vincent Sheheen Bessie Moody-Lawrence Alex Harvin
SPECIAL PRESENTATION
Rep. HAYES presented to the House the Latta High School Boys Basketball Team, the 2002 Class A State Champions, their coaches and other school officials.
Rep. WILKINS presented to the House representatives of the 2001 Clemson University Tigers Football Team, winners of the Humanitarian Bowl, their coaches and other school officials.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 4940 (Word version)
Date: ADD:
04/17/02 NEILSON
Bill Number: H. 5077 (Word version)
Date: ADD:
04/17/02 BINGHAM
Bill Number: H. 3093 (Word version)
Date: ADD:
04/17/02 LOFTIS
The COMMITTEE OF CONFERENCE, to whom was referred:
H. 3163 (Word version) -- Reps. Wilkins, Jennings, Campsen, Wilder, Whatley, Coates, Cobb-Hunter, Owens, Altman, Lourie, McLeod, Bowers, Robinson, Simrill, J.E. Smith, Harrell and Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3535, SO AS TO ENACT THE "SOUTH CAROLINA HISTORIC REHABILITATION INCENTIVES ACT" WHICH PROVIDES AN INCOME TAX CREDIT FOR EXPENDITURES TO REHABILITATE HISTORIC STRUCTURES, WHICH PROVIDES FOR THE CARRY FORWARD OF UNUSED CREDIT, AND WHICH AUTHORIZES THE DEPARTMENT OF ARCHIVES AND HISTORY AND THE DEPARTMENT OF REVENUE TO PROMULGATE REGULATIONS FOR THE ADMINISTRATION OF THIS SECTION.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments: (Reference is to Printer's Version 2/26/02-S.)
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. This act may be cited as the "South Carolina Historic Rehabilitation Incentives Act".
SECTION 2. The 1976 Code is amended by adding:
"Section 12-6-3535. (A) A taxpayer who is allowed a federal income tax credit under Section 47 of the Internal Revenue Code for making qualified rehabilitation expenditures for a certified historic structure located in this State is allowed to claim a credit against the tax imposed by this chapter. For the purposes of this section, 'taxpayer', 'qualified rehabilitation expenditures', and 'certified historic structure' are defined as provided in the Internal Revenue Code Section 47 and the applicable Treasury regulations. The amount of the credit is ten percent of the expenditures that qualify for the federal credit. To claim the credit allowed by this subsection, the taxpayer must attach to the return a copy of the section of the federal income tax return showing the credit claimed, along with any other information that the Department of Revenue determines is necessary for the calculation of the credit provided by this subsection.
(B) A taxpayer who is not eligible for a federal income tax credit under Section 47 of the Internal Revenue Code and who makes rehabilitation expenses for a certified historic residential structure located in this State is allowed to claim a credit against the tax imposed by this chapter. The amount of the credit is twenty-five percent of the rehabilitation expenses. To claim the credit allowed by this subsection, the taxpayer must attach to the return a copy of the certification obtained from the State Historic Preservation Officer verifying that the historic structure has been rehabilitated in accordance with this subsection, along with all information that the Department of Revenue determines is necessary for the calculation of the credit provided by this subsection.
For the purposes of this subsection:
(1) 'Certified historic residential structure' means a structure or portion of a structure that is an owner-occupied personal residence if the residence is not actively used in a trade or business, held for the production of income, or held for sale or disposition in the ordinary course of the taxpayer's trade or business; and that is:
(a) listed individually in the National Register of Historic Places;
(b) considered by the State Historic Preservation Officer to contribute to the historic significance of a National Register Historic District;
(c) considered by the State Historic Preservation Officer to meet the criteria for individual listing in the National Register of Historic Places; or
(d) an outbuilding of an otherwise eligible property considered by the State Historic Preservation Officer to contribute to the historic significance of the property.
(2) 'Certified rehabilitation' means repairs or alterations consistent with the Secretary of the Interior's Standards for Rehabilitation and certified as such by the State Historic Preservation Officer before commencement of the work. The review by the State Historic Preservation Officer shall include all repairs, alterations, rehabilitation, and new construction on the certified historic residential structure and the property on which it is located. The rehabilitation expenses must, within a thirty-six-month period, exceed fifteen thousand dollars. A taxpayer shall not take more than one credit on the same certified historic residential structure within ten years.
(3) 'Rehabilitation expenses' means expenses incurred in the certified rehabilitation of a certified historic residential structure, including preservation and rehabilitation work done to the exterior of a historic structure, repair and stabilization of historic structural systems, restoration of historic plaster, energy efficiency measures except insulation in frame walls, repairs or rehabilitation of heating, air-conditioning, or ventilating systems, repairs or rehabilitation of electrical or plumbing systems exclusive of new electrical appliances and electrical or plumbing fixtures, and architectural and engineering fees.
'Rehabilitation expenses' do not include the cost of acquiring or marketing the property, the cost of new construction beyond the volume of the existing building, the value of an owner's personal labor, or the cost of personal property.
(4) 'State Historic Preservation Officer' means the Director of the Department of Archives and History or the director's designee who administers the historic preservation programs within the State.
(C)(1) The entire credit may not be taken for the taxable year in which the property is placed in service, but must be taken in equal installments over a five-year period beginning with the year in which the property is placed in service. For a certified rehabilitation of a certified historic residential structure 'placed in service' is defined as the taxable year the certified rehabilitation is completed. Any unused portion of any credit installment may be carried forward for the succeeding five years.
(2) A 'S' corporation, limited liability company, or partnership that qualifies for a credit under this section may pass through the credit earned to each shareholder of the 'S' corporation, member of the limited liability company, or partner of the partnership. For purposes of this subsection, limited liability company means a limited liability company taxed as a partnership. The amount of the credit allowed a shareholder, member, or partner by this subsection is equal to the shareholder's percentage of stock ownership, member's interest in the limited liability company, or the partner's interest in the partnership for the taxable year multiplied by the amount of the credit earned by the entity. The credit earned pursuant to this section by a 'S' corporation owing corporate level income tax must be used first at the entity level. Only the remaining credit passes through to each shareholder.
(D) Additional work done by the taxpayer while the credit is being claimed, for a period of up to five years, must be consistent with the Secretary of the Interior's Standards for Rehabilitation. During this period the State Historic Preservation Officer may review additional work to the certified historic structure or certified historic residential structure and has the right to inspect certified historic structures and certified historic residential structures. If additional work is not consistent with the Standards for Rehabilitation, the taxpayer and Department of Revenue must be notified in writing and any unused portion of the credit, including carry forward, is forfeited.
(E) The Department of Revenue may promulgate regulations, including the establishment of fees, to administer the tax credit.
(F) A taxpayer may appeal a decision of the State Historic Preservation Officer to a committee of the State Review Board appointed by the chairperson."
SECTION 3. Upon approval by the Governor, this act is effective for taxable years beginning after 2002 for property placed in service after June 30, 2003.
Amend title to conform.
/TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3535, SO AS TO ENACT THE "SOUTH CAROLINA HISTORIC REHABILITATION INCENTIVES ACT" TO PROVIDE AN INCOME TAX CREDIT OF TEN PERCENT OF THE EXPENDITURES THAT QUALIFY FOR A FEDERAL TAX CREDIT TO REHABILITATE AN HISTORIC STRUCTURE; TO PROVIDE AN INCOME TAX CREDIT OF TWENTY-FIVE PERCENT OF THE EXPENDITURES TO REHABILITATE AN HISTORIC STRUCTURE THAT DO NOT QUALIFY FOR A FEDERAL TAX CREDIT; TO REQUIRE THE CREDIT TO BE TAKEN OVER A FIVE YEAR PERIOD BEGINNING WITH THE YEAR THE REHABILITATION OF THE STRUCTURE IS COMPLETE; TO AUTHORIZE THE DEPARTMENT OF REVENUE TO PROMULGATE REGULATIONS FOR THE ADMINISTRATION OF THIS SECTION; AND TO PROVIDE FOR APPEALS./
Senator William H. O'Dell Rep. George E. Campsen Senator Thomas C. Alexander Rep. Lewis R. Vaughn Senator John E. Courson Rep. Douglas Jennings On Part of the Senate. On Part of the House.
Rep. CAMPSEN explained the Conference Report.
The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
H. 4563 (Word version) -- Reps. Freeman, Lucas, Neilson and Jennings: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 3 AND 4, 2002, BY THE STUDENTS OF A SCHOOL IN THE CHESTERFIELD COUNTY SCHOOL DISTRICT 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.
H. 5070 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO POLICIES AND PROCEDURES AND UNIT STANDARDS FOR TEACHER EDUCATION PROGRAM APPROVAL IN SOUTH CAROLINA, DESIGNATED AS REGULATION DOCUMENT NUMBER 2681, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. WALKER explained the Joint Resolution.
H. 5091 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO COMMUNICABLE DISEASES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2720, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. MACK explained the Joint Resolution.
H. 4817 (Word version) -- Reps. Taylor and Wilder: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 3, 4, AND 5, 2002, BY THE STUDENTS OF SCHOOLS IN LAURENS COUNTY SCHOOL DISTRICTS 55 AND 56 WHEN THE SCHOOLS WERE 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.
S. 439 (Word version) -- Senators J. V. Smith, Leatherman and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-161 SO AS TO PROVIDE FOR THE LOWERING OF FLAGS FLOWN ATOP THE STATE CAPITOL BUILDING ON MEMORIAL DAY AND ON THE DAY ON WHICH FUNERAL SERVICES ARE HELD FOR CERTAIN PUBLIC OFFICIALS, AND TO DEFINE HALF-STAFF.
Rep. CARNELL explained the Bill.
H. 5010 (Word version) -- Reps. Kirsh and Meacham-Richardson: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 55 ENACTING THE "OVERDUE TAX DEBT COLLECTION ACT" AUTHORIZING THE SOUTH CAROLINA DEPARTMENT OF REVENUE TO IMPOSE A COLLECTION ASSISTANCE FEE ON CERTAIN OVERDUE TAX DEBTS EQUAL TO TWENTY PERCENT OF THE OVERDUE AMOUNT AND TO ALLOW THE DEPARTMENT TO RETAIN A PORTION OF THE COLLECTION ASSISTANCE FEE FOR ITS OPERATION.
Rep. KIRSH explained the Bill.
H. 5011 (Word version) -- Reps. Kirsh and Meacham-Richardson: A BILL TO AMEND SECTION 12-36-2610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISCOUNT ALLOWED FOR TIMELY PAYMENT OF THE SALES AND USE TAX, SO AS TO PROVIDE THAT MAXIMUM DISCOUNT ALLOWED OF THREE THOUSAND DOLLARS IN A STATE FISCAL YEAR IS THREE THOUSAND ONE HUNDRED DOLLARS FOR ELECTRONICALLY FILED RETURNS; AND TO AMEND SECTION 12-54-250, RELATING TO TAX COLLECTION AND ENFORCEMENT BY THE SOUTH CAROLINA DEPARTMENT OF REVENUE, SO AS TO DECREASE FROM TWENTY THOUSAND DOLLARS TO FIFTEEN THOUSAND DOLLARS THE THRESHOLD AMOUNT FOR WHICH PAYMENTS DUE TO THE DEPARTMENT MUST BE PAID BY A METHOD IN WHICH THE FUNDS ARE AVAILABLE IMMEDIATELY TO THE STATE.
Rep. KIRSH explained the Bill.
H. 4663 (Word version) -- Reps. Allison, Harrell, Townsend, Cotty, J. R. Smith, Clyburn and Walker: A JOINT RESOLUTION TO AUTHORIZE SCHOOL DISTRICTS AND SPECIAL SCHOOLS FOR FISCAL YEARS 2001-2002 AND 2002-2003 TO TRANSFER UP TO TWENTY PERCENT OF REVENUE BETWEEN PROGRAMS TO ANY INSTRUCTIONAL PROGRAM WITH THE SAME FUNDING SOURCE, AND TO AUTHORIZE SCHOOL DISTRICTS AND SPECIAL SCHOOLS FOR FISCAL YEARS 2001-2002 AND 2002-2003 TO EXPEND FUNDS RECEIVED FROM THE CHILDREN'S EDUCATION ENDOWMENT FUND FOR SCHOOL FACILITIES AND FIXED EQUIPMENT ASSISTANCE INSTEAD FOR ANY INSTRUCTIONAL PROGRAM.
Rep. COOPER explained the Joint Resolution.
S. 868 (Word version) -- Senator Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-133-60 SO AS TO AUTHORIZE THE BOARD OF TRUSTEES OF FRANCIS MARION UNIVERSITY TO ENTER INTO GROUND LEASE AGREEMENTS WITH PRIVATE ENTITIES FOR PROVIDING ALL SERVICES NECESSARY TO THE CREATION AND OPERATION OF CERTAIN CAMPUS STUDENT HOUSING FACILITIES INCLUDING, BUT NOT LIMITED TO, FINANCING, DESIGNING, CONSTRUCTING, MANAGING, OPERATING, MAINTAINING, AND RELATED SERVICES, TO PROVIDE FOR THE TERMS AND CONDITIONS OF THE GROUND LEASE AGREEMENTS INCLUDING APPROVAL BY THE BUDGET AND CONTROL BOARD.
Rep. J. R. SMITH explained the Bill.
The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate:
H. 5001 (Word version) -- Agriculture, Natural Resources and Environmental Affairs 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.
H. 4456 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-1-125 SO AS TO REQUIRE PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS TO DENY LICENSURE OR SUSPEND THE LICENSE OF AN INDIVIDUAL FOR NONPAYMENT OR DEFAULT OR BREACH OF A REPAYMENT OR SERVICE OBLIGATION UNDER ANY FEDERAL OR STATE EDUCATIONAL LOAN, LOAN REPAYMENT, OR SERVICE-CONDITIONAL SCHOLARSHIP PROGRAM.
H. 4180 (Word version) -- Reps. Sandifer and Cato: A BILL TO AMEND SECTION 38-55-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FUNERAL DIRECTORS ACTING AS AGENTS FOR LIFE INSURERS FOR FUNDING PRENEED FUNERAL CONTRACTS, SO AS TO DELETE THE PROVISION REQUIRING THE SOUTH CAROLINA STATE BOARD OF FUNERAL SERVICE TO VERIFY THAT SUCH AN INSURANCE POLICY IS CONSISTENT WITH STATUTORY REQUIREMENTS FOR PRENEED FUNERAL CONTRACTS.
H. 3095 (Word version) -- Rep. Whipper: A BILL TO AMEND SECTION 14-25-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF MUNICIPAL JUDGES, SO AS TO PRESCRIBE A FOUR-YEAR TERM OF OFFICE RATHER THAN HAVING THE COUNCIL OF THE MUNICIPALITY SET THE TERM.
H. 4591 (Word version) -- Reps. Townsend and Walker: A BILL TO AMEND SECTION 59-18-700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRITERIA FOR THE ADOPTION OF INSTRUCTIONAL MATERIALS FOR THE PUBLIC SCHOOLS, SO AS TO REVISE THIS CRITERIA BY PROVIDING THAT ALL INSTRUCTIONAL MATERIALS PLACED ON THE APPROVED LIST OF INSTRUCTIONAL MATERIALS AND TEXTBOOKS FOR USE IN THE PUBLIC SCHOOLS OF THIS STATE SHALL CONTAIN THE SUBSTANCE AND LEVEL OF PERFORMANCE OUTLINED IN THE GRADE AND SUBJECT SPECIFIC ACADEMIC STANDARDS ADOPTED BY THE STATE BOARD OF EDUCATION.
H. 5068 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO TESTING PROGRAMS (NEW TITLE: ASSESSMENT PROGRAM), DESIGNATED AS REGULATION DOCUMENT NUMBER 2613, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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. 982 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 34-29-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONSUMER FINANCE LAW AND INSURANCE ON SECURITY AND BORROWER, SO AS TO MAKE A TECHNICAL CORRECTION; TO AMEND SECTION 38-5-30, AS AMENDED, RELATING TO THE KINDS OF INSURANCE FOR WHICH INSURERS MAY BE LICENSED, SO AS TO EXCLUDE TITLE INSURANCE FROM BEING CONSIDERED MULTIPLE LINES INSURANCE; TO AMEND SECTIONS 38-21-170 AND 38-21-270, BOTH AS AMENDED, RELATING TO DIVIDENDS AND DISTRIBUTIONS, SO AS TO MODIFY THE PRESENT RESTRICTIONS BY DELETING THE EARNED SURPLUS REQUIREMENT; TO AMEND SECTION 38-27-50, AS AMENDED, RELATING TO DEFINITIONS, SO AS TO INCLUDE SPECIAL PURPOSE REINSURANCE VEHICLES WITHIN THE DEFINITION OF "PERSON"; TO AMEND SECTION 38-33-280, AS AMENDED, RELATING TO THE ACQUISITION OR EXCHANGE OF SECURITIES OF A HMO, SO AS TO MAKE HMO'S SUBJECT TO THE INSURANCE HOLDING COMPANY REGULATORY ACT; TO AMEND SECTION 38-44-50, AS AMENDED, RELATING TO THE EXAMINATION AND REVIEW OF MGA BY INSURER, SO AS TO MAKE A TECHNICAL CORRECTION; TO AMEND SECTION 38-45-110, AS AMENDED, RELATING TO THE WARNING STAMPED ON POLICIES OF ELIGIBLE SURPLUS LINES INSURERS, SO AS TO CLARIFY THE LANGUAGE CONTAINED THEREIN; TO AMEND SECTION 38-71-760, AS AMENDED, RELATING TO THE STANDARDS FOR GROUP ACCIDENT AND HEALTH INSURANCE COVERAGE, SO AS TO CLARIFY CERTAIN MATTERS REGARDING THE EXTENSION OF LIABILITY; TO AMEND SECTION 38-71-880, RELATING TO MEDICAL AND SURGICAL BENEFITS AND MENTAL HEALTH BENEFITS, SO AS TO EXTEND PROVISIONS IN ORDER TO AVOID PREEMPTION; TO AMEND SECTION 38-90-10, AS AMENDED, RELATING TO DEFINITIONS, SO AS TO MAKE A TECHNICAL CORRECTION AS WELL AS MAKE THE LANGUAGE MORE CONSISTENT WITH THAT USED THROUGHOUT CHAPTER 90, TITLE 38; TO AMEND SECTION 38-90-20, RELATING TO THE LICENSING OF CAPTIVE INSURANCE COMPANIES, SO AS TO CLARIFY THE APPLICABILITY OF SECTION 38-5-170 TO CAPTIVE INSURANCE COMPANIES; TO AMEND SECTION 38-90-70, AS AMENDED, RELATING TO THE REPORTING REQUIREMENTS OF CAPTIVE INSURANCE COMPANIES SO AS TO CLARIFY THE CONTENTS OF THESE REPORTS; TO AMEND SECTION 38-90-100, AS AMENDED, RELATING TO THE APPLICABILITY OF INVESTMENT REQUIREMENTS, SO AS TO MAKE A TECHNICAL CORRECTION; TO AMEND SECTION 38-91-10, RELATING TO THE JOINT UNDERWRITING ASSOCIATION, SO AS TO EXTEND THE PERIOD THAT CHAPTER 91, TITLE 38 REMAINS IN FORCE AND EFFECT.
Debate was resumed on the following Joint Resolution, the pending question being the consideration of the Joint Resolution, Rep. WALKER having the floor:
H. 5069 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO SUMMER PROGRAMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2679, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. WALKER continued speaking.
The Joint Resolution was read the second time and ordered to third reading.
Rep. J. BROWN moved to adjourn debate upon the following Bill until Thursday, April 18, which was adopted:
H. 4659 (Word version) -- Reps. Keegan, Altman, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, Carnell, Chellis, Clyburn, Cobb-Hunter, Dantzler, Davenport, Delleney, Emory, Freeman, Frye, Haskins, Hayes, J. Hines, Hinson, Hosey, Howard, Jennings, Kelley, Kirsh, Koon, Law, Leach, Limehouse, Loftis, Martin, McCraw, McGee, Meacham-Richardson, Merrill, Miller, J. H. Neal, Ott, Owens, Parks, Perry, Phillips, Rhoad, Rice, Riser, Rodgers, J. R. Smith, Stille, Stuart, Taylor, Trotter, Walker, Allison, Vaughn, Sinclair, White, Littlejohn, Wilder, Lourie, Witherspoon, J. E. Smith and A. Young: A BILL TO AMEND SECTIONS 43-33-20 AND 43-33-70, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RIGHTS OF BLIND AND OTHER DISABLED PERSONS TO USE PUBLIC FACILITIES AND PUBLIC ACCOMMODATIONS AND TO EQUAL ACCESS TO HOUSING ACCOMMODATIONS, SO AS TO PROVIDE THAT A PERSON WITH DISABILITIES HAS THE RIGHT TO BE ACCOMPANIED BY OR HAVE IN HOUSING ACCOMMODATIONS AN ASSISTANCE DOG-IN-TRAINING.
The following Bill was taken up:
H. 3563 (Word version) -- Reps. Quinn, Bales, Davenport and Lourie: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE AUTHORIZATION OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO UPDATE REFERENCES, MAKE PERMANENT THE ADDITIONAL TAX OF THIRTY-FIVE ONE-HUNDREDTHS PERCENT ON FIRE INSURANCE PREMIUMS PREVIOUSLY DEDICATED TO THE REPAYMENT OF INTEREST AND PRINCIPAL ON CAPITAL IMPROVEMENT BONDS AUTHORIZED FOR THE CONSTRUCTION OF THE FIRE ACADEMY, AND ALLOWING THE REVENUES OF THIS TAX AFTER THE BONDS ARE RETIRED TO BE RETAINED BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION FOR USE BY ITS DIVISION OF FIRE AND LIFE SAFETY FOR CAPITAL IMPROVEMENTS, DIVISION EXPENSES, AND PUBLIC EDUCATION, AND TO MAKE CONFORMING AMENDMENTS.
Rep. CARNELL moved to recommit the Bill to the Committee on Ways and Means, which was agreed to.
The following Bill was taken up:
H. 3906 (Word version) -- Rep. Wilkins: A BILL TO AMEND SECTION 15-49-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JUDICIAL DISCRETION IN GRANTING A NAME CHANGE, SO AS TO REQUIRE A PERSON SEEKING A NAME CHANGE TO BE FINGERPRINTED AND TO PROVIDE THE RESULTS OF A SOUTH CAROLINA LAW ENFORCEMENT DIVISION CRIMINAL RECORD CHECK, A SCREENING STATEMENT FROM THE DEPARTMENT OF SOCIAL SERVICES THAT THE PERSON IS NOT ON THE DEPARTMENT'S REGISTRY OF PERPETRATORS OF CHILD ABUSE OR NEGLECT, AND A CHILD SUPPORT PAYMENT PRINTOUT; TO EXEMPT FROM THESE REQUIREMENTS PARENTS SEEKING A NAME CHANGE FOR THEIR MINOR CHILD AND PERSONS SEEKING TO RETURN TO THEIR MAIDEN NAME OR A FORMER MARRIED NAME IN A DIVORCE ACTION; AND TO REQUIRE THE COURT TO CONDUCT A HEARING ON THE PETITION.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\11567AC02), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 15-49-20 of the 1976 Code is amended to read:
"Section 15-49-20. (A) A person petitioning the court for a name change must attach to the petition or have provided directly to the court and made a part of the record:
(1) the results of a fingerprint and criminal background check conducted by the State Law Enforcement Division;
(2) a screening statement from the Department of Social Services that indicates whether the person is listed on the department's Central Registry of Child Abuse and Neglect. If the person is listed on the registry and the court grants the petition for a name change, the clerk of court shall notify the department of the change, so that the department can accurately reflect the change in the Central Registry of Child Abuse and Neglect;
(3) an affidavit signed by the petitioner which provides whether the petitioner is under a court order to pay child support or alimony;
(4) a screening statement from the South Carolina Law Enforcement Division that indicates whether the person is listed on the division's sex offender registry. If the person is listed on the registry and the court grants the petition for a name change, the clerk of court shall notify the division of the change so that the division can accurately reflect the change in the sex offender registry.
This subsection does not apply to a minor child where the parent is seeking a name change for the minor child pursuant to Section 15-49-10(B), to a person seeking to return to the person's maiden name or a former married name in an action for divorce, or to a person seeking to change his or her name as a result of the person's marriage.
(B) Prior to issuing an order for a name change, the court shall conduct a hearing on the petition with the petitioner present. However, a petitioner who is incarcerated is not required to be present at the hearing.
(C) Following the hearing and upon such considering the petition and, the reason therein contained in the petition, and other documentation before the court, the judge shall determine and grant or refuse the prayer thereof, as to him shall appear name change as the judge considers proper, having a due regard to the true interest of the petitioner and protection of the public.
(D) If a petitioner is found to have a criminal record as indicated by the background check and the court grants the petition for a name change, the clerk of court must notify the State Law Enforcement Division of the petitioner's new name. The division shall make the appropriate changes to the petitioner's criminal record.
(E) If a petitioner is in custody of the Department of Corrections and the court grants the petition for a name change, the clerk of court must notify the department of the petitioner's new name. The department shall make the appropriate changes to the petitioner's department record.
(F) All costs associated with the requirements of this section are the sole responsibility of the petitioner."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. EASTERDAY explained the amendment.
The amendment was then adopted.
Reps. EASTERDAY and HARRISON proposed the following Amendment No. 2 (Doc Name COUNCIL\NBD\AMEND\ 11598AC02), which was adopted:
Amend the bill, as and if amended, Section 15-49-20, page 3906-2 by deleting subsection (B) and inserting:
/(B) Prior to issuing an order for a name change, the court may conduct a hearing on the petition and may order the petitioner to be present./
Renumber sections to conform.
Amend totals and title to conform.
Rep. EASTERDAY explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. VAUGHN moved to adjourn debate upon the following Bill until Tuesday, April 23, which was adopted:
H. 5088 (Word version) -- Rep. Vaughn: A BILL TO REAPPORTION THE ELECTION DISTRICTS FROM WHICH THE TRUSTEES OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY ARE ELECTED.
The following Bill was taken up:
S. 963 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 56-5-2780, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES IMPOSED FOR UNLAWFULLY PASSING A STOPPED SCHOOL BUS, SO AS TO REVISE THE PENALTY FOR A PERSON CONVICTED OF A FIRST OFFENSE VIOLATION OF THIS OFFENSE.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\AMEND\22476CM02), which was adopted:
Amend the bill, as and if amended, Section 56-5-2780(A), as contained in SECTION 1, by inserting after the / . / on line 40:
/ However, if the second or subsequent violation occurred more than five years after the commission of the first offense, the penalty must be as prescribed for a first offense violation pursuant to this subsection. /
Amend title to conform.
Rep. DELLENEY explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
S. 190 (Word version) -- Senators Grooms and Branton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-3-210 SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION SHALL NOTIFY A COUNTY'S LEGISLATIVE DELEGATION BEFORE THE DEPARTMENT CLOSES A BRIDGE OR ROAD FOR REPAIRS THAT WILL NOT BE COMPLETED WITHIN A THIRTY-DAY PERIOD.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\AMEND\ 22477CM02), 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 57-3-210. Notwithstanding another provision of law, the Department of Transportation shall notify a county's legislative delegation chairman:
(1) before the department closes a bridge or road within the legislative delegation's county for repairs that will not be completed within a forty-five-day period. However, this provision does not apply when the department must close a bridge or road pursuant to an emergency situation; and
(2) before the department conducts vegetation management of the medians, roadsides, and interchanges along the interstate highway system within the legislative delegation's county in accordance with the department commission's transportation district-by-district policy. However, this provision only applies when the department commission makes revisions to its policy."
SECTION 2. Section 57-23-800 of the 1976 Code is repealed.
SECTION 3. This act takes effect upon approval by the Governor. /
Amend title to conform.
Rep. TOWNSEND explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. RICE moved to adjourn debate upon the following Bill until Tuesday, April 23, which was adopted:
H. 3640 (Word version) -- Rep. Rice: A BILL TO AMEND SECTION 12-28-2740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION OF "C" FUND GASOLINE TAX REVENUES TO COUNTIES, SO AS TO DELETE OBSOLETE PROVISIONS, PROVIDE FOR THE DISTRIBUTION OF EARNINGS ON THE COUNTY TRANSPORTATION FUND, RAISE FROM ONE TO TWO THOUSAND DOLLARS THE AMOUNT WHICH MAY BE USED FOR THE EXPENSES OF THE COUNTY TRANSPORTATION COMMITTEE, CLARIFY THAT THE DEPARTMENT OF TRANSPORTATION ADMINISTERS ALL FUNDS EXPENDED ON THE STATE HIGHWAY SYSTEM, CLARIFY THE USE OF "C" FUND REVENUES, ELIMINATE BID PREFERENCES FOR COUNTIES ADMINISTERING THEIR OWN "C" FUNDS, AND GIVE THE DEPARTMENT OF TRANSPORTATION AUTHORITY TO ENFORCE "C" FUND PROVISIONS BY WITHHOLDING OF "C" FUND ALLOCATIONS AND FORFEITURE OF ALLOCATIONS.
The following Bill was taken up:
H. 4990 (Word version) -- Rep. Cooper: A BILL TO AMEND SECTION 12-21-3920, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR BINGO, SO AS TO REVISE THE DEFINITION FOR "PROMOTER" AND "SESSION" AND ADD DEFINITIONS FOR "ELECTRONIC DABBER", "ELECTRONIC DABBER BINGO TICKET", AND "SITE SYSTEM"; TO AMEND SECTIONS 12-21-3950 AND 12-21-3970, RELATING TO THE BINGO PROMOTER'S LICENSE, SO AS TO INCREASE FROM THIRTY TO FORTY-FIVE DAYS THE TIME THE DEPARTMENT OF REVENUE HAS TO APPROVE OR REJECT AN APPLICATION FOR A PROMOTER'S LICENSE AND ALLOW A PROMOTER TO HAVE FIFTEEN RATHER THAN FIVE OF THESE LICENSES; TO AMEND SECTION 12-21-3990, RELATING TO THE MANNER OF PLAYING BINGO, SO AS TO PROHIBIT PAYING LESS THAN FACE VALUE FOR CARDS AND PROVIDE FOR THE USE OF CARDS WITH AN ELECTRONIC DABBER; TO AMEND SECTION 12-21-4000, RELATING TO BINGO PROCEDURES, SO AS TO ALLOW THE LIMIT ON BINGO GROSS PROCEEDS TO BE A QUARTERLY AVERAGE AND PROVIDE THAT THE PENALTIES APPLY FOR VIOLATION OF THE GROSS PROCEEDS LIMIT ONLY IF THE EXCESS PROCEEDS TAX IS UNPAID AND TO PROHIBIT THE ADVERTISING OF "FREE BINGO"; TO AMEND SECTION 12-21-4020, RELATING TO THE VARIOUS CLASSES OF THE BINGO LICENSE, SO AS TO INCREASE THE MAXIMUM AMOUNT THAT MAY BE OFFERED FROM EIGHT TO TWELVE THOUSAND DOLLARS A SESSION AND TO INCREASE FROM THREE TO SIX GAMES A WEEK THE GAMES THAT MAY BE CONDUCTED BY A CLASS B LICENSEE AND PROVIDE A PROCEDURE FOR A CLASS C LICENSEE TO APPLY FOR A CLASS G LICENSE WHEN IT EXCEEDS ONE HUNDRED THOUSAND DOLLARS IN GROSS PROCEEDS, AND ESTABLISH A CLASS G LICENSE FOR AN ORGANIZATION OFFERING PRIZES OF TWENTY DOLLARS OR LESS A GAME AND WHOSE GROSS RECEIPTS EXCEED ONE HUNDRED THOUSAND DOLLARS A CALENDAR QUARTER; TO AMEND SECTION 12-21-4080, RELATING TO BINGO PROCEEDS, SO AS TO DELETE THE REFERENCE TO ENTRANCE FEES IN AMOUNTS DEDUCTED FROM GROSS PROCEEDS AND PROVIDE THAT IF PROMOTER IS AUTHORIZED TO MAKE THE SESSION DEPOSIT, ESTABLISH A PROCEDURE TO INSURE THE DEPOSIT IS MADE IN A TIMELY MANNER; TO AMEND SECTION 12-21-4090, RELATING TO BINGO BANK ACCOUNTS, SO AS TO ALLOW THE DEPOSIT OF LOAN PROCEEDS TO COVER A DEFICIT; TO AMEND SECTION 12-21-4120, RELATING TO THE RIGHT TO A CONFERENCE FOLLOWING A VIOLATION, SO AS TO AUTHORIZE ADVISING RULINGS ON ACTS CONSTITUTING VIOLATIONS AND PROVIDE THAT AN ORGANIZATION OR ORGANIZER FOUND IN VIOLATION IS ENTITLED TO A CONFERENCE UPON REQUEST; TO AMEND SECTION 12-21-4150, RELATING TO THE CRIME OF POSING AS A BINGO PLAYER, SO AS TO INCLUDE A PERSON WHO USES COUNTERFEIT ELECTRONIC DABBER BINGO TICKETS; TO AMEND SECTION 12-21-4190, RELATING TO BINGO CARD CHARGES BY THE DEPARTMENT OF REVENUE, SO AS TO PROVIDE FOR CHARGES TO CLASS G LICENSE HOLDERS; TO AMEND SECTION 12-21-4210, RELATING TO THE SALE OR TRANSFER OF BINGO CARDS, SO AS TO ALLOW THE RETURN OF PAPERS FOR CREDIT AGAINST AN OUTSTANDING VOUCHER; TO AMEND SECTION 12-21-4270, RELATING TO THE APPLICATION TO OBTAIN BINGO CARDS, SO AS TO AUTHORIZE PAYMENT BY CHECK AND CASH AND PROVIDE THAT FOLLOWING A RETURNED CHECK, THE ORGANIZATION OR PROMOTER MUST MAKE PAYMENT USING CERTIFIED FUNDS; AND BY ADDING SECTION 12-21-4005 SO AS TO ESTABLISH SPECIFICATIONS FOR A SITE SYSTEM AND ELECTRONIC BINGO DABBER.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\AMEND\ 9023HTC02), which was adopted:
Amend the bill, as and if amended, by striking Section 12-21-4190(A) as contained in SECTION 15, beginning on page 8, and inserting:
/ (A) The department shall charge and retain sixteen and one-half cents for each dollar of face value for each bingo card sold for AA, B, D, and E licenses. The department shall charge and retain five cents for each dollar of face value for each bingo card sold to an F license. There shall be no charge for a C license. There is a charge of nine and one-half cents for each dollar of face value for each bingo card sold to a G license. For any holder of a Class G license that is charged nine and one-half cents for each dollar of face value for each bingo card sold, a distribution in the amount of four and twenty-nine hundredths percent of total face value of bingo cards purchased must be distributed back to the sponsoring organization for which the bingo cards were purchased." /
Amend further, as and if amended, in Section 12-21-4270, as contained in Section 17, beginning on page 9, by inserting before / or cash / in line 43 / any electronic method, / so that when amended, Section 12-21-4270 reads:
/ "Section 12-21-4270. Each licensed nonprofit organization or promoter, in the name of a licensed organization, may obtain bingo cards approved by the department by making application and remitting sixteen and one-half percent of the total face value of the cards to be purchased. Payment to the State for the issuance of bingo cards must be made by check, certified check, any electronic method, or cash within fifteen days of receipt of the application. If payment is made by check and the check is returned by the bank for any reason, the organization or promoter then is required to make payment to the department by certified funds for the remainder of the time that the bingo session is in operation. Upon receipt of the application, the department shall notify a licensed distributor, who has purchased bingo cards from a licensed manufacturer that the licensed distributor may release the face value of the bingo cards requested to the licensed organization or promoter. However, no additional bingo cards must be released until payment is received for the prior application of bingo cards. The department is required to set forth procedures to ensure that there is a crosscheck between manufacturers, distributors, and licensed nonprofit organizations or promoters. A quarterly return is required by each manufacturer, distributor, and licensed nonprofit organization or promoter on or before the last day of the month following the close of the calendar quarter, outlining those items the department determines necessary to verify the sale and distribution of bingo cards. The sale of bingo cards and entrance fees provided by Section 12-21-4030 are not subject to the admissions tax provided by Section 12-21-2420." /
Renumber sections to conform.
Amend totals and title to conform.
Rep. RICE explained the amendment.
Rep. RICE continued speaking.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 4481 (Word version) -- Reps. Keegan, Neilson and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-395 SO AS TO PROVIDE THAT WHEN ANY PERSON IS ACTIVATED FOR FULL-TIME MILITARY SERVICE DURING A TIME OF NATIONAL CRISIS AND THEREFORE IS REQUIRED TO CEASE ATTENDING A PUBLIC INSTITUTION OF HIGHER LEARNING WITHOUT COMPLETING AND RECEIVING A GRADE IN ONE OR MORE COURSES, THE TUITION AND FEES PAID BY THAT STUDENT TO THE INSTITUTION FOR THE SEMESTER OR QUARTER IS REQUIRED TO BE REFUNDED TO THE STUDENT, TO PROVIDE FOR PROPORTIONATE REFUNDS OF ROOM AND BOARD AND OTHER FEES, AND TO PROVIDE FOR OTHER DESIGNATED ASSISTANCE, INCLUDING FREE TUITION WITHIN A PERIOD OF TWO YEARS FOLLOWING DEACTIVATION TO COMPLETE THESE COURSES.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\AMEND\21247SD02), which was adopted:
Amend the bill, as and if amended, in Section 59-101-395 of the 1976 Code, as contained in SECTION 1, by striking subsection (C) in its entirety.
Renumber sections to conform.
Amend totals and title to conform.
Rep. COOPER explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 4386 (Word version) -- Reps. Witherspoon, Littlejohn, W. D. Smith, Vaughn, Altman, Walker and Knotts: A BILL TO AMEND SECTION 12-37-252, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REAL PROPERTY ELIGIBLE FOR THE HOMESTEAD EXEMPTION ALLOWED PROPERTY OWNERS SIXTY-FIVE YEARS OF AGE AND OLDER OR PERMANENTLY AND TOTALLY DISABLED, OR LEGALLY BLIND, AND THE ACCOMPANYING FOUR PERCENT ASSESSMENT RATIO APPLICABLE TO SUCH A HOMESTEAD FOR PROPERTY TAX PURPOSES, SO AS TO PROVIDE THAT THE PERSONAL REPRESENTATIVE OF THE ESTATE OF A DECEASED TAXPAYER IS DEEMED THE AGENT OF THE DECEASED TAXPAYER FOR ALL PURPOSES OF APPLYING FOR THE ASSESSMENT RATIO AND EXEMPTION AND ANY CLAIM FOR REFUND ARISING THEREUNDER AND TO ALLOW THESE APPLICATIONS AND CLAIMS FOR REFUND FOR PROPERTY TAX YEARS BEGINNING AFTER 2000.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\AMEND\ 9025HTC02), which was tabled:
Amend the bill, as and if amended, by striking SECTION 2 and inserting:
/ SECTION 2. This act takes effect upon approval by the Governor and applies for property tax years beginning after 2002. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. COOPER explained the amendment.
Rep. COOPER moved to table the amendment, which was agreed to.
Rep. KELLEY proposed the following Amendment No. 2 (Doc Name COUNCIL\BBM\AMEND\9045HTC02), which was adopted:
Amend the bill, as and if amended, by striking SECTION 2 and inserting:
/ SECTION 2. This act takes effect upon approval by the Governor and applies for property tax years beginning after 2000. The deadline for filing an application for the four percent assessment ratio and the homestead exemption, or both, and any claims for refund arising thereunder, for property tax year 2001 is extended through the sixtieth day following the approval of this act by the Governor. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. COOPER explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 4564 (Word version) -- Reps. White, Trotter, Robinson and Townsend: A BILL TO AMEND SECTION 6-1-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF LOCAL GOVERNING BODIES TO IMPOSE A SERVICE OR USER FEE, SO AS TO PROVIDE THAT AFTER 2000, NO SERVICE OR USER FEE MAY BE IMPOSED BY A LOCAL GOVERNING BODY ON MOTOR VEHICLES.
Reps. COBB-HUNTER, OTT, MILLER, BATTLE, J. M. NEAL, BREELAND, SNOW, MCLEOD, TROTTER, COOPER, WHITE, SANDIFER, TOWNSEND, BALES and KEEGAN requested debate on the Bill.
The following Bill was taken up:
H. 4337 (Word version) -- Reps. Campsen, Chellis, Barfield, Harrell and Easterday: A BILL TO AMEND SECTION 12-6-3910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUE DATES FOR QUARTERLY PAYMENTS OF ESTIMATED STATE INCOME TAX BY ENACTING THE SOUTH CAROLINA ESTIMATED INCOME TAX PAYMENT REFORM ACT, SO AS TO CHANGE THE DUE DATE FOR THE FIRST CORPORATE INCOME TAX ESTIMATED PAYMENT FROM MARCH 15 TO APRIL 15.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\ 11544HTC02), which was adopted:
Amend the bill, as and if amended, in SECTION 2, page 1, by striking /2001/ and inserting /2002/. So when amended, SECTION 2 reads:
/SECTION 2. This act takes effect upon approval by the Governor and applies for taxable years beginning after 2002./
Renumber sections to conform.
Amend totals and title to conform.
Rep. VAUGHN explained the amendment.
The amendment was then adopted.
Rep. CAMPSEN proposed the following Amendment No. 4 (Doc Name COUNCIL\BBM\AMEND\9050HTC02), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1B. and inserting:
/ B. Section 12-6-3910 of the 1976 Code is amended to read:
"Section 12-6-3910. (A) South Carolina estimated tax payments must be made in a form prescribed by the department in accordance with Internal Revenue Code Sections 6654 and 6655 except that:
(1) the small amount provisions in Internal Revenue Code Sections 6654(e)(1) and 6655(f) are one hundred dollars rather than five hundred dollars;
(2) income for the first installment for corporations is annualized using the first two three months of the taxable year;
(3)(a) The due dates of the installment payments for calendar year taxpayers other than corporations are:
First quarter: April 15
Second quarter: June 15
Third quarter: September 15
Fourth quarter: January 15 of the following taxable year.
(b) The due dates of the installment payments for calendar year corporations are:
First quarter: March April 15
Second quarter: June 15
Third quarter: September 15
Fourth quarter: December 15.
(c) In applying the estimated tax payment provisions to a taxable year beginning on a date other than January 1, the month that corresponds to the months specified above must be substituted.
(B) Payments required by this section are considered payments on account of income taxes imposed by this chapter and license fees imposed by Chapter 20 for the taxable year designated.
(C) To the extent that estimated tax payments and withholdings are in excess of the taxpayer's income tax and license fee liability as shown on the income tax return, the taxpayer may claim a:
(1) refund; or
(2) credit for estimated income tax for the succeeding taxable year; or.
(3) credit against the corporate license fee for the current taxable year in the case of corporations.
(D) For corporate taxpayers, estimated tax payments will be deemed to first apply to license fees and then apply to income taxes."
C. Section 12-6-4980(B) of the 1976 Code is amended to read:
"(B) When a taxpayer other than a corporation is not required to make a payment of tax at the time of the extension, and the taxpayer has been granted an extension of time to file a federal income tax return, the taxpayer is not required to apply to the department for an extension of time to file the South Carolina return. The department shall accept a copy, if applicable, of a properly filed federal extension attached to the South Carolina return when filed. Any tax taxes shown to be due on a return required pursuant to this chapter must be paid at the time the return is due to be filed, without regard to any extension of time granted for filing the return."
D. Section 12-20-20(C) of the 1976 Code is amended to read:
"(C) The department, for good cause, may allow an extension of time for filing an annual report. A request for an extension of time for filing an annual report must be filed in accordance with Section 12-6-4980(A). An extension of time for filing does not extend the time for paying the license fee due."
E. Section 12-54-55 of the 1976 Code is amended to read:
"Section 12-54-55. In the case of an underpayment of declaration of estimated tax by an individual, estate, trust, or corporate taxpayer, instead of all other penalties provided by law, there must be added to the tax for the taxable year a penalty to be determined as follows:
(1) In the case of an individual taxpayer, estate, or trust in the same manner as prescribed by the provisions of Internal Revenue Code Section 6654. No interest or penalty is due under this item for underpayments attributable to personal service income earned in another state on which income tax due the other state was withheld.
(2) In the case of a corporate taxpayer, in the same manner as prescribed by the provisions of Internal Revenue Code Section 6655 and applicable regulations, except that:
(a) the small amount provisions are one hundred dollars rather than five hundred dollars;.
(b) the first installment payment for corporations is due on March 15, or in the case of a taxable year beginning on any date other than January 1, there is substituted the month which corresponds to that date; and
(c) for the annualized installment method, income for the first installment is annualized using the first two months of the taxable year."
F. This section takes effect upon approval by the Governor and applies for estimated taxes due after 2002. /
Amend the bill, as and if amended, by adding a new penultimate SECTION to read:
/ SECTION __. Section 12-6-1130(9) of the 1976 Code is amended to read:
"(9) If for federal income tax purposes a taxpayer claims a credit which requires a reduction of basis to Section 38 property under Internal Revenue Code Section 48(q) or 49(d) 50(c), the taxpayer may deduct the amount of the basis reduction for South Carolina income tax purposes by the amount of the basis reduction in the tax year in which basis is reduced for federal income tax purposes. If a taxpayer makes an election under Internal Revenue Code Section 48(q)(4) to reduce the credit and not the basis, this subitem does not apply." /
Renumber sections to conform.
Amend title to conform.
Rep. CAMPSEN explained the amendment.
Rep. SCOTT raised the Point of Order that Amendment No. 4 was out of order in that it was not germane to the Bill.
SPEAKER WILKINS overruled the Point of Order.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. SCOTT asked unanimous consent to recall H. 4939 from the Committee on Ways and Means.
Rep. COTTY objected.
Rep. SCOTT asked unanimous consent to recall H. 4974 from the Committee on Judiciary.
Rep. ALTMAN objected.
The Senate amendments to the following Bill were taken up for consideration:
H. 3142 (Word version) -- Reps. Cato, Wilkins, Davenport, Vaughn, Sandifer, Simrill, Walker, Altman, Robinson, Cotty, White, Thompson, Knotts, Campsen, Coates, McGee and Bingham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-7-75 SO AS TO REQUIRE THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO ENSURE COMPLIANCE WITH THE PROVISIONS OF CHAPTER 7, TITLE 41, CONCERNING "THE RIGHT TO WORK" AND TO AUTHORIZE CERTAIN POWERS AND IMPART DUTIES TO CARRY THIS OUT; BY ADDING SECTION 41-7-100 SO AS TO ESTABLISH PENALTIES FOR VIOLATIONS OF CHAPTER 7, TITLE 41, AND TO REQUIRE THE DIRECTOR TO PROMULGATE REGULATIONS ESTABLISHING PROCEDURES FOR ADMINISTRATIVE REVIEW OF PENALTIES ASSESSED; TO AMEND SECTION 41-7-30, RELATING TO PROHIBITING AN EMPLOYER FROM REQUIRING OR PROHIBITING MEMBERSHIP IN A LABOR ORGANIZATION AS A CONDITION OF EMPLOYMENT, SO AS TO INCLUDE IN THE PROHIBITION AN AGREEMENT OR PRACTICE THAT HAS THE EFFECT OF REQUIRING SUCH MEMBERSHIP AND TO PROHIBIT A LABOR ORGANIZATION FROM INDUCING AN EMPLOYER TO VIOLATE THIS SECTION; TO AMEND SECTION 41-7-40, RELATING TO THE AUTHORITY TO DEDUCT LABOR ORGANIZATION MEMBERSHIP DUES FROM WAGES, SO AS TO AUTHORIZE SUCH DEDUCTION IF AN EMPLOYEE ENTERS A WRITTEN AGREEMENT AUTHORIZING THE DEDUCTION; AND TO AMEND SECTION 41-7-90, RELATING TO REMEDIES FOR VIOLATIONS OF RIGHTS, SO AS TO CREATE A PRIVATE CAUSE OF ACTION ON BEHALF OF AN EMPLOYEE AGGRIEVED BY VIOLATIONS OF THIS CHAPTER.
Rep. CATO proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\11612AC02), 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 41-7-75. (A) The Director of the South Carolina Department of Labor, Licensing and Regulation or his designee shall ensure compliance with this chapter and shall cooperate with an employee in the investigation and enforcement of a meritorious claim against an employer. Hearings may be held to satisfy the director as to the justice of any claim.
(B) The Director of the Department of Labor, Licensing and Regulation or his designee may enter a place of employment for the purpose of evaluating compliance with this chapter. Any effort of a person or entity to obstruct the director or his designee in the performance of duties under this chapter are a violation of this chapter and punishable accordingly.
(C) If the director or his designee is denied admission to a place of employment, a warrant may be obtained pursuant to Section 41-15-260."
SECTION 2. The 1976 Code is amended by adding:
"Section 41-7-100. (A) A person who violates the provisions of this chapter may be assessed by the Director of the Department of Labor, Licensing and Regulation a civil penalty of not more than one hundred dollars for each offense.
(B) The director shall promulgate regulations establishing procedures for administrative review of civil penalties assessed under this chapter."
SECTION 3. Section 41-7-30 of the 1976 Code is amended to read:
"Section 41-7-30. (A) It shall be is unlawful for any an employer to require an employee, as a condition of employment, or of continuance of employment to:
(1) To require any employee, as a condition of employment, or of continuance of employment, to be or become or remain a member or affiliate of any a labor organization or agency;
(2) To require any employee, as a condition of employment, or of continuance of employment, to abstain or refrain from membership in any a labor organization; or
(3) To require any employee, as a condition of employment, or of continuance of employment, to pay any fees, dues, assessments, or other charges or sums of money whatsoever to any a person or organization.
(B) It is unlawful for a person or a labor organization to directly or indirectly participate in an agreement, arrangement, or practice that has the effect of requiring, as a condition of employment, that an employee be, become, or remain a member of a labor organization or pay to a labor organization any dues, fees, or any other charges; such an agreement is unenforceable.
(C) It is unlawful for a person or a labor organization to induce, cause, or encourage an employer to violate a provision of this section."
SECTION 4. Section 41-7-90 of the 1976 Code is amended to read:
"Section 41-7-90. (A) A person who may be caused to be denied or denied employment or be deprived of continuation of employment through force, intimidation, obstruction, interference, or threat of these in violation of this chapter is entitled to recover from the employer and from any other person, firm, corporation, or association by appropriate action in the courts of this State such damages as the person may have sustained by reason of the denial or deprivation of employment including, in the discretion of the court or jury, punitive damages in addition to the actual damages.
(B) Any A person whose rights are adversely affected by any a contract, agreement, assemblage, or other act or thing done or threatened to be done and declared to be unlawful or prohibited by this chapter shall have has the right to apply to any a court having general equity jurisdiction for appropriate relief. The court, in any such proceeding, may grant and issue such restraining, and other, orders as may be appropriate, including an injunction restraining and enjoining the performance, continuance, maintenance, or commission of any such contract, agreement, assemblage, act or thing, and may determine and award, as justice may require, any actual damages, costs, and attorneys' fees which have been sustained or incurred by any a party to the action, and, in the discretion of the court or jury, punitive damages in addition to the actual damages. The provisions of this section are cumulative and are in addition to all other remedies now or hereafter provided by law."
SECTION 5. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. CATO explained the amendment.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.
Rep. EASTERDAY moved that the House recur to the Morning Hour, which was agreed to.
Rep. HINSON, from the Berkeley Delegation, submitted a favorable report with amendments on:
S. 1123 (Word version) -- Senators Mescher and Kuhn: A BILL TO AMEND ACT 518 OF 1982, AS AMENDED, RELATING TO THE BERKELEY COUNTY BOARD OF EDUCATION, SO AS TO PROVIDE THAT THE BOARD SHALL CONSIST OF NINE MEMBERS WHO SHALL BE ELECTED FROM DEFINED SINGLE-MEMBER ELECTION DISTRICTS BEGINNING IN 2002, TO PROVIDE FOR THE TERMS OF THE MEMBERS OF THE BOARD SO ELECTED, AND TO PROVIDE FOR OTHER PROCEDURAL MATTERS IN REGARD TO THE ELECTION OF THESE MEMBERS.
Ordered for consideration tomorrow.
Rep. HINSON, from the Berkeley Delegation, submitted a favorable report on:
H. 4406 (Word version) -- Reps. Merrill and Hinson: A BILL TO AMEND SECTION 43-3-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY BOARDS OF SOCIAL SERVICES, WHICH SERVE IN AN ADVISORY CAPACITY, SO AS TO PROVIDE THAT THE BERKELEY COUNTY LEGISLATIVE DELEGATION, IN ITS SOLE DISCRETION, HAS THE AUTHORITY TO TERMINATE ITS COUNTY BOARD OF SOCIAL SERVICES AND TO DELETE THE PROVISION WHEREBY APPOINTMENTS TO THE BOARD OF THE BERKELEY COUNTY DEPARTMENT OF SOCIAL SERVICES ARE MADE PURSUANT TO ACT 159 OF 1995 WHICH DEVOLVED THIS APPOINTING AUTHORITY TO THE GOVERNING BODY OF BERKELEY COUNTY.
Ordered for consideration tomorrow.
The following was introduced:
H. 5138 (Word version) -- Reps. Wilkins, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Witherspoon, A. Young and J. Young: A HOUSE RESOLUTION TO COMMEND THE YOUNG PEOPLE OF SOUTH CAROLINA WHO ARE LEADERS IN THEIR COMMUNITIES AND TO ENCOURAGE ALL YOUNG PEOPLE TO ASPIRE TO BE POSITIVE ROLE MODELS, ON THE OCCASION OF THE OBSERVANCE AND CELEBRATION OF SOUTH CAROLINA'S "YOUTH IN THE HOUSE DAY", APRIL 25, 2002.
Whereas, the young people of South Carolina are our most valuable asset and the future of our State; and
Whereas, understanding today's teen issues is a crucial step toward building safer and healthier communities; and
Whereas, peer behavior is a strong influence in the lives of young people today; and
Whereas, South Carolina's children, who are pressured to make difficult choices every day, promise to make good decisions based on leadership and courage; and
Whereas, public and private organizations are working together in encouraging young people to make healthy choices and engage in positive leadership activities at home and in their schools and communities. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the South Carolina House of Representatives, by this resolution, commend the young people of South Carolina who are leaders in their communities and the people who are working together to help prepare our State's children for a bright future on the occasion of the celebration of "Youth in the House day", April 25, 2002.
The Resolution was adopted.
On motion of Rep. SANDIFER, with unanimous consent, the following was taken up for immediate consideration:
H. 5139 (Word version) -- Rep. Sandifer: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE SENECA HONORS CHORALE ON WEDNESDAY, MAY 1, 2002, AT A TIME TO BE DETERMINED BY THE SPEAKER.
Be it resolved by the House of Representatives:
That the members of the South Carolina House of Representatives hereby extend the privilege of the floor of the South Carolina House of Representatives to the Seneca Honors Chorale on Wednesday, May 1, 2002, at a time to be determined by the Speaker.
The Resolution was adopted.
The following was introduced:
H. 5140 (Word version) -- Rep. Lucas: A CONCURRENT RESOLUTION TO COMMEND MASTER CHRIS HAAS, A SIXTH GRADE CAPTAIN OF THE NORTH HARTSVILLE ELEMENTARY SCHOOL SAFETY PATROL, FOR HIS HEROIC ACTIONS THAT RESULTED IN SAVING THE LIFE OF A FELLOW STUDENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5141 (Word version) -- Rep. Neilson: A CONCURRENT RESOLUTION TO URGE THE SOUTH CAROLINA CONGRESSIONAL DELEGATION, AND SPECIFICALLY THE HONORABLE JOHN SPRATT, TO AWARD WILLIAM G. "BILLY" FARROW THE CONGRESSIONAL MEDAL OF HONOR FOR HIS VALOR EXHIBITED IN LAYING DOWN HIS LIFE FOR HIS COUNTRY DURING DOOLITTLE'S RAID ON TOKYO, APRIL 18, 1942.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 5142 (Word version) -- Reps. Neilson, J. Hines, M. Hines and Lucas: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE CAPTAIN DARRYL A. KELLY FOR BEING THE FIRST AFRICAN-AMERICAN TO REPRESENT THE SOUTH CAROLINA ARMY NATIONAL GUARD IN WASHINGTON, D.C. ON MAY 22, 2002, WHEN HE WILL RECEIVE THE GENERAL DOUGLAS MACARTHUR LEADERSHIP AWARD.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Joint Resolution was introduced, read the first time, and referred to appropriate committee:
H. 5143 (Word version) -- Reps. J. R. Smith and D. C. Smith: A JOINT RESOLUTION TO ESTABLISH A COMMITTEE TO STUDY REVISIONS IN THE MANNER IN WHICH THE IMPROVEMENT RATINGS OF SCHOOLS UNDER THE EDUCATION ACCOUNTABILITY ACT IS DETERMINED.
Referred to Committee on Education and Public Works
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 3804 (Word version) -- Reps. Keegan, Knotts, Kelley and Whatley: A BILL TO AMEND SECTION 59-111-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TUITION NOT BEING CHARGED TO CHILDREN OF FIREMEN, LAW ENFORCEMENT OFFICERS, AND GOVERNMENT EMPLOYEES TOTALLY DISABLED OR KILLED IN THE LINE OF DUTY, SO AS TO PROVIDE THAT SPOUSES OF THESE FIREMEN, OFFICERS, OR EMPLOYEES ALSO SHALL NOT BE CHARGED TUITION AND IF THE FIREMAN, OFFICER, OR EMPLOYEE HAS DIED ON THE CONDITION THE SPOUSE HAS NOT REMARRIED.
Rep. RISER explained the Bill.
H. 5007 (Word version) -- Reps. Klauber and Carnell: A BILL TO AMEND CHAPTER 16, TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FUNDS OF THE SOUTH CAROLINA RETIREMENT SYSTEMS, BY ADDING ARTICLE 5 SO AS TO ALLOW THE SOUTH CAROLINA RETIREMENT SYSTEMS TO PROVIDE INVESTMENT EDUCATION TO ANY PARTICIPANT IN THE VARIOUS STATE RETIREMENT SYSTEMS AND TO REPEAL SECTION 8-23-115, RELATING TO THE PROVIDING OF CONSULTATIVE SERVICES FOR PARTICIPANTS IN THE DEFERRED COMPENSATION PLANS OFFERED BY THE DEFERRED COMPENSATION COMMISSION.
Rep. RISER explained the Bill.
The following Bill was taken up:
H. 3243 (Word version) -- Rep. W. D. Smith: A BILL TO AMEND SECTION 15-41-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY EXEMPTED FROM ATTACHMENT, LEVY, AND SALE, SO AS TO DELETE LIMITS ON THE EXEMPTION FOR CERTAIN INDIVIDUAL RETIREMENT ACCOUNTS, ANNUITIES, AND TRUSTS.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\ 11543HTC02), which was adopted:
Amend the bill, as and if amended, in Section 15-41-30(12) as contained in SECTION 1, page 1, line 24, by striking /right to receive/ and inserting /right to receive interest in/ So when amended, Section 15-41-30(12) reads:
/(12) The debtor's right to receive interest in individual retirement accounts as described in Sections 408(a) and 408A of the Internal Revenue Code, individual retirement annuities as described in Section 408(b) of the Internal Revenue Code, and accounts established as part of a trust described in Section 408(c) of the Internal Revenue Code, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor. A claimed exemption may be reduced or eliminated by the amount of a fraudulent conveyance into the individual retirement account or other plan. For purposes of this item, 'Internal Revenue Code' has the meaning provided in Section 12-6-40(A)./
Renumber sections to conform.
Amend totals and title to conform.
Rep. RISER explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 4998 (Word version) -- Rep. Kelley: A BILL TO REPEAL SECTION 1-1-1020, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZATION OF THE STATE TREASURER TO MAKE INSTALLMENT LOANS TO ENTITIES OF STATE GOVERNMENT FOR THE PURPOSE OF RENTING, LEASING, OR PURCHASING OF CERTAIN EQUIPMENT.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\AMEND\ 9017HTC02), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/ SECTION 1. Section 1-1-1020 of the 1976 Code, as last amended by Act 497 of 1994, is further amended to read:
"Section 1-1-1020. A.(A) The Office of State Treasurer is authorized to make installment loans to provide financing arrangements under the master lease program on behalf of boards, commissions, institutions, and agencies of state government for the purpose of renting, leasing, or purchasing office equipment, telecommunications equipment, energy conservation equipment, medical equipment, data processing equipment, and related software in accordance with procurement statutes and regulations. When these loans are made, they must be at an interest rate not less than seven percent a year nor greater than fifteen percent a year.
B. For the purpose of carrying out the provisions of subsection (A), the Office of State Treasurer may borrow up to thirty-five million dollars from the State Insurance Reserve Fund at an interest rate of six and one-half percent a year but these loans may not be made in an amount that jeopardizes the actuarial soundness of the fund.
C. When making these loans, the Office of State Treasurer shall insure that sufficient sums are raised to reimburse the principal and interest payments to the Insurance Reserve Fund and to defray the cost of administering the provisions of this program, which costs may be retained by the Office of State Treasurer. Any excess funds must be deposited in the general fund of the State.
D. The Budget and Control Board may from time to time review the interest rates assigned in subsections (A) and (B) and may adjust them as it considers appropriate.
E.(B) The Office of State Treasurer shall negotiate the terms of any financing arrangement and prescribe the procedures necessary to administer this program." /
Renumber sections to conform.
Amend totals and title to conform.
Rep. KELLEY explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Joint Resolution was taken up:
H. 5003 (Word version) -- Rep. Kelley: A JOINT RESOLUTION DIRECTING THE STATE TREASURER TO TRANSFER SIXTY-ONE MILLION DOLLARS FROM THE EXTENDED CARE MAINTENANCE FUND TO THE GENERAL FUND OF THE STATE TO OFFSET FISCAL YEAR 2001-2002 MID-YEAR SEQUESTRATIONS IMPOSED BY THE STATE BUDGET AND CONTROL BOARD AND TO PROVIDE THAT THE STATE IS SOLELY RESPONSIBLE FOR RESTORING THE EXTENDED CARE MAINTENANCE FUND IF THAT FUND IS INSUFFICIENT TO MEET ITS OBLIGATIONS AS DETERMINED BY THE STATE BUDGET AND CONTROL BOARD.
Rep. KELLEY explained the Joint Resolution.
Rep. KELLEY spoke in favor of the Joint Resolution.
Rep. SHEHEEN spoke against the Joint Resolution.
Rep. PERRY spoke against the Joint Resolution.
Rep. A. YOUNG spoke in favor of the Joint Resolution.
The question then recurred to the passage of the Joint Resolution.
Rep. SHARPE demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Bales Barfield Barrett Battle Bingham Bowers Brown, J. Cato Chellis Cooper Cotty Dantzler Davenport Delleney Edge Emory Fleming Frye Gourdine Govan Harrison Haskins Hines, J. Hinson Huggins Jennings Kelley Kirsh Knotts Koon Law Lee Littlejohn Loftis Lourie Lucas Martin McCraw McLeod Meacham-Richardson Merrill Miller Neal, J.M. Neilson Ott Owens Phillips Riser Rutherford Sandifer Simrill Smith, J.R. Snow Stuart Talley Taylor Thompson Townsend Tripp Vaughn Walker Whatley White Wilder Wilkins Witherspoon Young, A.
Those who voted in the negative are:
Breeland Brown, R. Campsen Carnell Coates Cobb-Hunter Coleman Easterday Freeman Gilham Hamilton Hosey Howard Keegan Kennedy Lloyd Mack McGee Neal, J.H. Parks Perry Rhoad Rice Rivers Rodgers Scarborough Scott Sharpe Sheheen Sinclair Smith, D.C. Smith, G.M. Smith, J.E. Smith, W.D. Stille Trotter Webb Weeks Whipper Young, J.
So, the Joint Resolution was read the second time and ordered to third reading.
I departed the Chamber today at 12:00 noon to attend my grandmother's funeral in Anderson.
Rep. Michael Thompson
Rep. J. BROWN asked unanimous consent to recall H. 4060 from the Committee on Education and Public Works.
Rep. TOWNSEND objected.
Rep. SCOTT asked unanimous consent to recall H. 4939 from the Committee on Ways and Means.
Rep. COTTY objected.
Rep. COATES, with unanimous consent, withdrew his request for debate on H. 3592; however, other requests for debate remained on the Bill.
Rep. KOON asked unanimous consent to recall H. 4834 from the Committee on Ways and Means.
Rep. KELLEY objected.
Rep. SCOTT asked unanimous consent to recall H. 4974 from the Committee on Judiciary.
Rep. EASTERDAY objected.
The motion period was dispensed with on motion of Rep. CAMPSEN.
Rep. CAMPSEN moved to adjourn debate upon the following Bill until Wednesday, April 24, which was adopted:
H. 3093 (Word version) -- Reps. Campsen, Harrison, Altman, Simrill, Owens, Robinson, Easterday, Haskins and Loftis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-115 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO DEVELOP A DATA BASE IN WHICH A PARENT, LEGAL GUARDIAN, OR ONE ACTING EN LOCO PARENTIS CAN REGISTER WITH THE DEPARTMENT PROHIBITING THE DEPARTMENT OR ANOTHER AGENCY OR DEPARTMENT OF THE STATE FROM PROVIDING CONDOMS OR OTHER CONTRACEPTIVES TO THEIR CHILDREN AND TO REQUIRE THE DEPARTMENT TO PUBLISH AND DISTRIBUTE INFORMATION CONCERNING THIS REGISTRATION; AND BY ADDING SECTION 44-1-117 SO AS TO PROHIBIT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, ANOTHER STATE AGENCY OR DEPARTMENT, OR A PERSON ACTING ON THEIR BEHALF, FROM DISTRIBUTING CONDOMS OR OTHER TYPES OF CONTRACEPTIVES TO A PERSON UNDER SIXTEEN YEARS OF AGE IF THE PARENT, LEGAL GUARDIAN, OR ONE ACTING EN LOCO PARENTIS HAS REGISTERED WITH THE DEPARTMENT PROHIBITING SUCH DISTRIBUTION TO THEIR CHILD.
The motion of Rep. KNOTTS to reconsider the vote whereby debate was adjourned on the following Bill until Tuesday, April 30, was taken up:
S. 49 (Word version) -- Senators Mescher and Branton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-705 SO AS TO PROVIDE THAT A PERSON UNDER TWENTY-ONE YEARS OF AGE WHO OBTAINS A TATTOO IN VIOLATION OF SECTION 16-17-700 MAY BRING AN ACTION IN CIRCUIT COURT AGAINST THE PERSON CONVICTED OF THE VIOLATION AND MAY RECOVER CERTAIN DAMAGES AND ATTORNEY'S FEES; AND TO AMEND SECTION 16-17-700, AS AMENDED, RELATING TO TATTOOING, SO AS TO PERMIT A PERSON TO TATTOO CERTAIN BODY PARTS OF ANOTHER PERSON UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE THAT A TATTOO ARTIST CONSPICUOUSLY MUST DISPLAY A NOTICE TO PATRONS THAT INFORMS THEM OF ANY DISQUALIFICATIONS WHICH TATTOOING MAY CONFER UPON A PROSPECTIVE BLOOD DONOR, HIS CERTIFICATE OF SUCCESSFUL COMPLETION OF A COURSE IN INFECTION CONTROL, AND HIS PERMIT ISSUED BY THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL (DHEC) WHICH MUST BE RENEWED ANNUALLY UPON SUBMISSION OF CERTAIN INFORMATION, MUST COMPLY WITH CERTAIN DHEC INFECTION CONTROL PRECAUTIONS, MUST NOT USE CERTAIN DEVICES AND MEDICATIONS, MUST VERIFY THAT A TATTOO RECIPIENT WHO DOES NOT HAVE EXPRESS WRITTEN CONSENT OF HIS PARENT OR GUARDIAN IS AT LEAST TWENTY-ONE YEARS OF AGE, AND TO PROVIDE THAT DHEC MAY REVOKE A PERMIT OR DENY AN APPLICATION FOR A VIOLATION OF THESE PROVISIONS.
Rep. J. BROWN moved to table the motion to reconsider, which was agreed to.
The following Bill was taken up:
H. 3592 (Word version) -- Reps. Rodgers, Bowers, Gilham, Hosey, Rivers and R. Brown: A BILL TO AMEND SECTION 57-1-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELECTION OF A PERSON TO THE COMMISSION OF THE DEPARTMENT OF TRANSPORTATION FROM A COUNTY THAT IS DIVIDED AMONG TWO OR MORE DEPARTMENT OF TRANSPORTATION DISTRICTS, AND TO TERM LIMITATIONS IMPOSED UPON DEPARTMENT OF TRANSPORTATION COMMISSION MEMBERS, SO AS TO ALLOW A COMMISSIONER TO SERVE TWO CONSECUTIVE TERMS AND TO PROVIDE THAT A RESIDENT COMMISSION MEMBER WHO COMPLETES A SECOND CONSECUTIVE TERM MUST BE REPLACED BY A PERSON WHO RESIDES IN ANOTHER COUNTY WITHIN THE DISTRICT.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\AMEND\ 22438CM02), which was rejected:
Amend the bill, as and if amended, by adding the following appropriately numbered SECTION:
/ SECTION ___. Section 57-1-330 of the 1976 Code, as last amended by Act 120 of 1995, is further amended by adding at the end:
"(D) Each commissioner shall present a written report regarding the planning, construction, maintenance, and operation of the state highway system of each county within the commissioner's congressional district to the members of the legislative delegations within the commissioner's congressional district no later than ninety days from the expiration of the commissioner's term." /
Renumber sections to conform.
Amend title to conform.
Rep. TOWNSEND explained the amendment.
Rep. TOWNSEND continued speaking.
Rep. TOWNSEND spoke in favor of the amendment.
The question then recurred to the adoption of the amendment.
Rep. HINSON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Bales Battle Bingham Bowers Breeland Brown, J. Cato Coates Cobb-Hunter Cooper Davenport Easterday Edge Fleming Frye Gilham Gourdine Govan Harrison Haskins Hines, J. Howard Huggins Keegan Kelley Knotts Koon Littlejohn Lourie Martin McGee Miller Ott Rhoad Riser Rodgers Sandifer Scott Smith, D.C. Smith, J.E. Smith, J.R. Smith, W.D. Snow Stille Stuart Townsend Tripp Webb Whatley Whipper White Wilkins
Those who voted in the negative are:
Barfield Barrett Brown, G. Brown, R. Campsen Carnell Chellis Clyburn Coleman Cotty Dantzler Delleney Emory Freeman Hamilton Hinson Hosey Kirsh Law Leach Limehouse Lloyd Loftis Lucas Mack McCraw McLeod Meacham-Richardson Merrill Neal, J.H. Neal, J.M. Neilson Owens Parks Perry Phillips Rice Rivers Scarborough Sharpe Sheheen Simrill Sinclair Smith, F.N. Smith, G.M. Talley Trotter Vaughn Walker Weeks Wilder Witherspoon Young, A. Young, J.
So, the amendment was rejected.
Rep. MCLEOD proposed the following Amendment No. 2 (Doc Name COUNCIL\GJK\AMEND\21293HTC02), which was tabled:
Amend the bill, as and if amended, in Section 57-1-320, as contained in SECTION 1, by adding an appropriately lettered subsection to read:
/ ( ) Each resident commissioner shall appoint a district advisory committee consisting of one member from each county or part of a county constituting the highway district. The highway commissioenr shall meet with this committee not less than every sixty days for the purpose of receiving advice and comments with respect to the district's transportation needs. Members shall serve for a term coterminous with the term of the appointing commissioner. Advisory committee members shall serve without compensation, but may receive the mileage, subsistence, and per diem allowed by law for members of state boards, committees, and commissions to be paid from approved accounts of the Department of Transportation. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. MCLEOD explained the amendment.
Rep. G. BROWN moved to reconsider the vote whereby Amendment No. 1 was rejected and the motion was noted.
Rep. STUART spoke against the amendment.
Rep. RODGERS moved to table the amendment, which was agreed to.
Rep. LOURIE moved that the House recur to the Morning Hour, which was agreed to.
Further proceedings were interrupted by the House recurring to the Morning Hour, the pending question being consideration of the Bill.
The following was introduced:
H. 5144 (Word version) -- Reps. Lourie, J. E. Smith, Thompson, Whipper, Allison, Allen, 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, 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, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO RECOGNIZE THE UNIVERSITY OF SOUTH CAROLINA WOMEN'S BASKETBALL TEAM ON AN EXCELLENT AND EXCITING 2001-2002 SEASON FOR WOMEN'S SPORTS AND FOR SOUTH CAROLINA FANS.
Whereas, the University of South Carolina women's basketball team finished the 2001-2002 season with an impressive record of 25-7 overall and a 10-4 showing in the Southeastern Conference; and
Whereas, that excellent exhibition boosted them to a final season ranking of sixth in the nation in the ESPN, USA Today, and Coaches' Polls, the first time in twenty years it vaulted into the Top Ten; and
Whereas, the Gamecocks had their best finish ever in the SEC, advancing all the way to the Elite Eight in the NCAA National Tournament before being eliminated by powerhouse Duke, and posting only the third most successful season ever in their hoop history at USC; and
Whereas, top women players from around the world joined six talented South Carolina natives to give the 2001-2002 edition of the Gamecocks its first 20-win effort in eleven years; and
Whereas, their passionate but disciplined play created a contagious enthusiasm and engendered legendary fan support, leading to a home-court advantage that boosted the team's record at the Carolina Coliseum to 17-1, another historical mark; and
Whereas, almost 12,500 screaming fans, a sell-out crowd, filled the coliseum for a women's basketball game when the Gamecocks hosted the Tennessee Volunteers at mid-season; and
Whereas, SEC Players of the Week Kelly Morrone, Shaunzinski Gortman, and Cristina Ciocan sparked the fall of other long-time records during the season; and
Whereas, team members Jocelyn Penn earned All SEC First Team honors, as did Gortman, who also was honorable mention Associated Press All-American; and
Whereas, Coach Susan Walvius was named SEC and WBCA District 3 Coach of the Year for her efforts and those of her staff of Shell Robinson, Linda Hill-MacDonald, and Chris Brower in guiding the Gamecocks to their record-setting successes in both athletic achievement and fan excitement; and
Whereas, the members of the South Carolina General Assembly join the citizens of South Carolina in cheering the Gamecocks for their many accomplishments. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly recognize the University of South Carolina women's basketball team on an excellent and exciting 2001-2002 season for women's sports and for South Carolina fans.
Be it further resolved that a copy of this resolution be presented to the USC women's basketball team and Coach Walvius.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. DELLENEY, with unanimous consent, the following was taken up for immediate consideration:
H. 5145 (Word version) -- Reps. Delleney, W. D. Smith and F. N. Smith: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 29, 2002, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE NINTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 4, WHOSE TERM EXPIRES JUNE 30, 2003; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE FIFTEENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2002.
Be it resolved by the House of Representatives, the Senate concurring:
That the House of Representatives and the Senate shall meet in joint assembly in the Hall of the House of Representatives on Wednesday, May 29, 2002, at 12:00 noon to elect a successor to the Honorable A. Victor Rawl, judge of the circuit court for the Ninth Judicial Circuit, Seat 3, whose term expires June 30, 2003; to elect a successor to the Honorable Joseph J. Watson, judge of the circuit court, At-Large Seat 4, whose term expires June 30, 2003; and to elect a successor to the Honorable Haskell T. Abbott III, judge of the family court for the Fifteenth Judicial Circuit, Seat 3, whose term expires June 30, 2002.
Be it further resolved that all nominations must be made by the Chairman of the Judicial Merit Selection Commission and that no further nominating or seconding speeches may be made by members of the General Assembly on behalf of any candidate.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bill and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 5146 (Word version) -- Reps. Coleman, J. Young, G. M. Smith and Campsen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-17-105 SO AS TO PROVIDE THAT WHEN THE SUPERINTENDENT OF EDUCATION HAS RELEVANT INFORMATION THAT IMPROPRIETIES MAY EXIST, INCLUDING BUT NOT LIMITED TO VIOLATIONS OF LAW, IN REGARD TO THE FISCAL AFFAIRS OF A SCHOOL DISTRICT OF THIS STATE, THE SUPERINTENDENT MAY REQUIRE AN AUDIT OF THE DISTRICT'S FINANCIAL AFFAIRS BY THE DEPARTMENT OF EDUCATION, AND TO PROVIDE FOR THE MANNER IN WHICH THE AUDIT SHALL BE CONDUCTED.
Referred to Committee on Education and Public Works
H. 5147 (Word version) -- Reps. Stuart, Cobb-Hunter, Govan, Ott and Sharpe: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 3, 4, OR 5, 2002, IN ANY SCHOOL DISTRICT OF ORANGEBURG COUNTY WHEN A SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED, IF APPROVED BY THE LOCAL SCHOOL BOARD OF TRUSTEES, 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.
On motion of Rep. STUART, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
Rep. COOPER moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 3655 (Word version) -- Reps. R. Brown, Allen, Allison, Altman, Askins, Bales, Barfield, Bingham, Breeland, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Dantzler, Davenport, Easterday, Emory, Freeman, Frye, Gilham, Govan, Harrell, Haskins, J. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Knotts, Leach, Lee, Littlejohn, Lloyd, Lucas, Mack, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, Ott, Owens, Parks, Perry, Phillips, Riser, Rivers, Rodgers, Scarborough, Scott, Simrill, Sinclair, G. M. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Townsend, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, Wilder and Witherspoon: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION TO NAME THE INTERSECTION OF STATE HIGHWAY 162 AND TOWLES ROAD AND SALTER'S HILL ROAD IN CHARLESTON COUNTY AS THE "HENRIETTA GRANT INTERSECTION" IN HONOR OF THE LATE MRS. HENRIETTA GRANT OF HOLLYWOOD, SOUTH CAROLINA.
H. 4071 (Word version) -- Reps. J. H. Neal, Bales, J. Brown, Cotty, Harrison, Howard, Lourie, Quinn, Rutherford, Scott and J. E. Smith: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE INTERCHANGE AT THE INTERSECTION OF INTERSTATE HIGHWAY 77 AND SHOP ROAD IN RICHLAND COUNTY THE "LIEUTENANT COLONEL GEORGE D. MARTIN III INTERCHANGE" IN MEMORY OF LIEUTENANT COLONEL GEORGE D. MARTIN III WHO LOST HIS LIFE ALONG WITH SIX OTHER AMERICANS AND NINE VIETNAMESE IN A HELICOPTER CRASH ON APRIL 7, 2001, IN VIETNAM WHILE SEARCHING FOR AMERICANS MISSING IN ACTION DURING THE VIETNAM WAR, AND TO ERECT APPROPRIATE SIGNS OR MARKERS WHICH CONTAIN THE WORDS "LIEUTENANT COLONEL GEORGE D. MARTIN III INTERCHANGE".
H. 4346 (Word version) -- Rep. Webb: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO RENAME S-39-320 IN PICKENS COUNTY, WHICH IS DESIGNATED AS "PERIMETER ROAD", "SILAS N. PEARMAN BOULEVARD", TO RECOGNIZE THE ACCOMPLISHMENTS OF THE LATE MR. SILAS N. PEARMAN, FORMER CHIEF HIGHWAY COMMISSIONER FOR THE STATE OF SOUTH CAROLINA, AND DISTINGUISHED GRADUATE OF CLEMSON UNIVERSITY.
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.
H. 5084 (Word version) -- Rep. Talley: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE THE DORMAN HIGH SCHOOL BLUE BELLES DANCE TEAM FOR THEIR OUTSTANDING ACCOMPLISHMENTS AT THE CONTEST OF CHAMPIONS COMPETITION IN ORLANDO, FLORIDA AND TO WISH THEM MUCH SUCCESS IN THEIR FUTURE ENDEAVORS.
H. 5097 (Word version) -- Reps. Lourie, 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, 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. 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 TO COMMEND AND CONGRATULATE JOHN H. LUMPKIN, JR., OF COLUMBIA FOR RECEIVING THE GREATER COLUMBIA CHAMBER OF COMMERCE AMBASSADOR OF THE YEAR AWARD ON MARCH 20, 2002, AND TO WISH HIM MUCH SUCCESS AND HAPPINESS IN HIS FUTURE ENDEAVORS.
H. 5099 (Word version) -- Reps. Owens, A. Young and Chellis: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE THE PLAYERS, COACHES, AND STAFF OF THE DORCHESTER ACADEMY VARSITY GIRLS BASKETBALL TEAM ON THEIR OUTSTANDING SEASON AND THEIR 2002 SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION CLASS AAA STATE CHAMPIONSHIP AND TO WISH THEM MUCH ATHLETIC AND ACADEMIC SUCCESS IN THE FUTURE.
At 1:00 p.m. the House, in accordance with the motion of Rep. HINSON, adjourned in memory of Charles B. Gibson of Goose Creek, to meet at 10:00 a.m. tomorrow.
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