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 Psalm 46: "God is our refuge and strength, a very present help in troubles."
Heavenly Father, we thank You for having given us freedom to live as citizens of this great State and Nation. On this day as we celebrate the 60th anniversary of the Doolittle Raiders, we thank You for the courage and bravery of these men as they gave of themselves to preserve freedom. Do not let us forget what they have done for us. Make us ever mindful of their sacrifice that this Nation, under God, will continue in their tradition of courage in the face of danger. Bless and keep us in Your fold. Hear us, that we may live as Your children, made one by faith in You. 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. MEACHAM-RICHARDSON moved that when the House adjourns, it adjourn in memory of Palmer Freeman, Sr., which was agreed to.
The following was received:
Columbia, S.C., April 17, 2002
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 3163:
H. 3163 (Word version) -- Reps. Wilkins, Campsen, Wilder, Jennings, Coates, Whatley, Cobb-Hunter, Altman, Owens, 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.
The Report of the Committee of Conference, having been adopted by both Houses, it was ordered that the title be changed to that of an Act and the Act enrolled for ratification. The Senate has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received from the Senate:
Columbia, S.C., April 17, 2002
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H. 3142:
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.
Very respectfully,
President
On motion of Rep. CATO, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. CATO, LAW and LEE to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:
H. 4562 (Word version) -- Rep. Miller: A BILL TO AMEND SECTION 50-5-1335, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF CRAB POTS, SO AS TO DELETE LANGUAGE PERMITTING THE USE OF CRAB POTS FOR COMMERCIAL PURPOSES BETWEEN MAY FIRST AND OCTOBER FIRST WITHIN PAWLEY'S ISLAND CREEK AND MIDWAY CREEK ON PAWLEY'S ISLAND AND TO FURTHER PROVIDE THAT IT IS UNLAWFUL TO SET OR USE CRAB POTS IN THE ATLANTIC OCEAN WITHIN ONE HUNDRED FIFTY FEET OF THE MEAN LOW TIDE WATERMARK ON PAWLEY'S ISLAND.
Ordered for consideration tomorrow.
Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:
H. 4912 (Word version) -- Reps. McLeod and Davenport: A BILL TO AMEND SECTION 40-23-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS CONCERNING PROFESSIONAL ENVIRONMENTAL SYSTEMS OPERATORS, SO AS TO DEFINE THE TERMS "POOL/SPA" AND "POOL/SPA OPERATOR"; AND TO AMEND SECTION 40-23-300, AS AMENDED, RELATING TO VARIOUS ENVIRONMENTAL SYSTEMS OPERATOR CERTIFICATION AND LICENSURE CLASSIFICATIONS AND QUALIFICATIONS, SO AS TO INCLUDE REQUIREMENTS FOR LICENSURE AS A BOTTLED WATER CLASS OPERATOR; AND TO ADD SECTION 40-23-330 SO AS TO PROVIDE THE QUALIFICATIONS FOR LICENSURE AS A POOL/SPA OPERATOR.
Ordered for consideration tomorrow.
Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:
S. 813 (Word version) -- Senator Gregory: A BILL TO AMEND CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF GAME, BY ADDING SECTION 50-11-555 SO AS TO PROVIDE FOR HUNTING WILD TURKEY ON SUNDAY ON PRIVATE LAND IN GAME ZONE 4.
Ordered for consideration tomorrow.
Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:
S. 1065 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO TROUT HARVEST, DESIGNATED AS REGULATION DOCUMENT NUMBER 2690, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
The Senate sent to the House the following:
S. 1229 (Word version) -- Senators Jackson and Courson: A CONCURRENT RESOLUTION TO JOIN THE CITIZENS OF SOUTH CAROLINA IN EXPRESSING THEIR CONGRATULATIONS TO THE UNIVERSITY OF SOUTH CAROLINA WOMEN'S BASKETBALL TEAM ON ITS SPECTACULAR RECORD-SETTING 2001-2002 SEASON AND ON ITS VITAL ROLE IN HIGHLIGHTING THE EXCITEMENT OF WOMEN'S SPORTS FOR SOUTH CAROLINA FANS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1230 (Word version) -- Senators Moore, Alexander, Anderson, Bauer, Branton, Courson, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Holland, Hutto, Jackson, Kuhn, Land, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Saleeby, Setzler, Short, J. V. Smith, Thomas, Verdin and Waldrep: A CONCURRENT RESOLUTION SALUTING JAY JOHNSON AND HIS FELLOW "SWAMP FOXES" FIGHTER PILOTS FOR THEIR CONTRIBUTIONS TO FREEDOM IN THE WAR ON TERRORISM IN SOUTHWEST ASIA.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 5148 (Word version) -- Rep. Kirsh: A BILL TO ALLOW THE BOARD OF TRUSTEES OF CLOVER SCHOOL DISTRICT TWO IN YORK COUNTY TO ISSUE GENERAL OBLIGATION BONDS OF THE DISTRICT FOR THE PURPOSE OF REIMBURSING THE DISTRICT'S GENERAL FUND FOR CAPITAL EXPENDITURES MADE FROM THAT FUND IN PRIOR YEARS AND TO REQUIRE THESE BONDS TO MATURE IN NO MORE THAN FIVE YEARS.
On motion of Rep. KIRSH, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 5149 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO INFECTIOUS WASTE MANAGEMENT REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2715, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
H. 5150 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO WASTE COMBUSTION AND REDUCTION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2721, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
H. 5151 (Word version) -- Agriculture, Natural Resources and Environmental Affairs 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.
Without Reference
S. 530 (Word version) -- Senators Short, Glover, Hutto, Leventis and Setzler: A BILL TO AMEND TITLE 37, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONSUMER PROTECTION CODE, BY ADDING CHAPTER 20 SO AS TO ENACT THE "CONSUMER IDENTITY THEFT PROTECTION ACT", TO PROVIDE FOR THE ESTABLISHMENT OF AN IDENTITY THEFT DATABASE BY THE ATTORNEY GENERAL, TO PROVIDE AN EXPEDITED COURT PROCEDURE FOR CLEARING THE NAME OF AN IDENTITY THEFT VICTIM, TO PROVIDE STRICT REQUIREMENTS FOR IDENTITY VERIFICATION BY A CREDIT CARD ISSUER, TO PROVIDE FOR THE BLOCKING OF INACCURATE CREDIT REPORT INFORMATION RESULTING FROM IDENTITY THEFT, AND TO PROVIDE THAT THE CREDIT AGENCY'S NOTICE AND REPORTING REQUIREMENTS CONFORM TO THOSE OF THE FEDERAL FAIR CREDIT REPORTING ACT.
Referred to Committee on Judiciary
S. 834 (Word version) -- Senators Kuhn, Ford and Peeler: A JOINT RESOLUTION TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF EDUCATION IN THE 2002-2003 SCHOOL YEAR TO ASSIST INTERESTED SCHOOLS IN IMPLEMENTING STRUCTURED ACADEMIC MENTORING PROGRAMS, DESIGNED TO IMPROVE STUDENT PERFORMANCE AND TO ASSIST THESE SCHOOLS IN DEVELOPING STRUCTURED ACADEMIC MENTORING PROGRAMS THAT MEET THE CRITERIA NECESSARY TO QUALIFY FOR READING FIRST FUNDS ESTABLISHED UNDER THE NO CHILD LEFT BEHIND ACT OF 2001 OR ANY OTHER RESOURCES THAT MAY BE AVAILABLE.
Rep. CHELLIS asked unanimous consent to have the Joint Resolution placed on the Calendar without reference.
Rep. SCOTT objected.
Referred to Committee on Education and Public Works
S. 971 (Word version) -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING THE "SOUTH CAROLINA CHILDREN'S JUSTICE TASK FORCE ACT," SO AS TO ADD SECTION 20-7-497 TO ESTABLISH THIS TASK FORCE AS AN ADVISORY BODY TO THE GENERAL ASSEMBLY AND THE GOVERNOR ON ISSUES RELATED TO THE INVESTIGATIVE, ADMINISTRATIVE, AND JUDICIAL HANDLING OF CHILD ABUSE AND NEGLECT CASES AND TO PROVIDE FOR THE MEMBERSHIP OF THE TASK FORCE AND ITS POWERS AND DUTIES.
Referred to Committee on Judiciary
S. 1200 (Word version) -- Senators J. V. Smith, Leatherman, Drummond, McConnell, Land, Holland, Saleeby, Setzler, Leventis, Moore, Courson, Giese, Matthews, Thomas, Patterson, McGill, O'Dell, Reese, Hayes, Gregory, Martin, Mescher, Rankin, Ryberg, Short, Waldrep, Alexander, Fair, Hutto, Anderson, Ravenel, Branton, Grooms, Hawkins, Pinckney, Ritchie, Verdin, Kuhn, Richardson, Peeler and Bauer: A BILL TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC FINANCE, BY ADDING CHAPTER 41 ENACTING THE "STATE GENERAL OBLIGATION ECONOMIC DEVELOPMENT BOND ACT" SO AS TO AUTHORIZE THE ISSUANCE OF BONDS FOR INFRASTRUCTURE FINANCING AS GENERAL OBLIGATION BONDS OF THE STATE OF SOUTH CAROLINA AND TO PRESCRIBE THE TERMS, CONDITIONS, USES, AND DISTRIBUTION OF THE BONDS AND THEIR PROCEEDS; AND TO INCREASE THE LIMITATION ON GENERAL OBLIGATION BOND DEBT SERVICE PROVIDED IN ARTICLE X, SECTION 13 OF THE SOUTH CAROLINA CONSTITUTION FROM FIVE PERCENT TO SIX PERCENT WITH THE ADDITIONAL DEBT SERVICE LIMITED TO STATE GENERAL OBLIGATION ECONOMIC DEVELOPMENT BONDS AS PROVIDED IN THIS ACT.
Referred to Committee on Ways and Means
The following was introduced:
H. 5152 (Word version) -- Reps. J. Young, G. Brown, J. H. Neal, G. M. Smith and Weeks: A HOUSE RESOLUTION COMMENDING MR. HAROLD E. KOENIG OF SUMTER COUNTY FOR HIS LONG AND DISTINGUISHED CAREER IN AVIATION, AND WISHING HIM MUCH HAPPINESS AND GOOD HEALTH UPON HIS RETIREMENT.
The Resolution was adopted.
The following was introduced:
H. 5153 (Word version) -- Reps. J. R. Smith, Clyburn, Perry, Sharpe and D. C. Smith: A CONCURRENT RESOLUTION TO COMMEND DR. FRANK G. ROBERSON FOR HIS OUTSTANDING WORK AS A SCHOOL ADMINISTRATOR AND TO EXPRESS THE SINCERE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR DR. ROBERSON'S TIRELESS EFFORTS TO PROVIDE STUDENTS IN SOUTH CAROLINA WITH THE BEST POSSIBLE EDUCATION.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. EMORY, with unanimous consent, the following was taken up for immediate consideration:
H. 5154 (Word version) -- Rep. Emory: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE MEMBERS OF THE INDIAN LAND HIGH SCHOOL LADY WARRIORS VOLLEYBALL TEAM, THEIR COACHES, STAFF, AND OTHER SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON THEIR PHENOMENAL SEASON AND FOR WINNING THE 2001 CLASS A STATE CHAMPIONSHIP.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives is extended to the members of the Indian Land High School Lady Warriors volleyball team, their coaches, staff, and other school officials, at a date and time to be determined by the Speaker, for the purpose of being recognized and congratulated on their phenomenal season and for winning the 2001 Class A State Championship.
The Resolution was adopted.
The following was introduced:
H. 5155 (Word version) -- Rep. Altman: A CONCURRENT RESOLUTION TO REQUEST THE UNITED STATES CONGRESS AND THE PRESIDENT OF THE UNITED STATES REMEMBER THAT FEDERAL JUDGES ARE NOT APPOINTED FOR LIFE, BUT PURSUANT TO THE UNITED STATES CONSTITUTION ARE APPOINTED DURING "GOOD BEHAVIOR".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 5156 (Word version) -- Rep. Emory: A CONCURRENT RESOLUTION TO COMMEND THE DETERMINATION AND DEDICATION OF THE INDIAN LAND HIGH SCHOOL LADY WARRIORS VOLLEYBALL TEAM THIS SEASON AND TO CONGRATULATE THEM FOR WINNING THE 2001 CLASS A 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 Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Easterday Edge Emory Fleming Freeman Frye Gilham Gourdine Hamilton Harrison Haskins Hayes Hines, M. Hinson Hosey Howard Huggins Jennings Keegan Kelley Kennedy Kirsh Klauber Knotts Koon Law Leach Lee Littlejohn Lloyd Lourie Lucas Mack Martin McCraw McGee McLeod Meacham-Richardson Merrill Miller Moody-Lawrence Neal, J.M. Neilson Ott Owens Parks Perry Phillips Rhoad Rice Riser Rodgers Sandifer Scarborough Scott Sharpe Sheheen Simrill Sinclair Smith, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Snow Stille Stuart Talley Taylor Thompson Townsend Tripp Trotter Vaughn Walker Webb Weeks Whatley Whipper White Wilder Wilkins Young, A. Young, J.
I came in after the roll call and was present for the Session on Thursday, April 18.
William Witherspoon Marty Coates Jerry Govan Todd Rutherford H.B. "Chip" Limehouse Jesse Hines Joseph Neal Dwight Loftis Alex Harvin
LEAVE OF ABSENCE
The SPEAKER granted Rep. TROTTER a leave of absence for the remainder of the day.
Announcement was made that Dr. Leo Walker of Columbia is the Doctor of the Day for the General Assembly.
Rep. W. D. SMITH presented to the House the Spartanburg High School Vikings Boys Basketball Team, the 2001-2002 Class AAAA State Champions, their coaches and other school officials.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or 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. 4922 (Word version)
Date: ADD:
04/18/02 WHITE
Bill Number: H. 4922 (Word version)
Date: ADD:
04/18/02 TROTTER
Bill Number: H. 4922 (Word version)
Date: ADD:
04/18/02 TOWNSEND
Bill Number: H. 4922 (Word version)
Date: ADD:
04/18/02 COOPER
Bill Number: H. 4922 (Word version)
Date: ADD:
04/18/02 KELLEY
Bill Number: H. 4922 (Word version)
Date: ADD:
04/18/02 MEACHAM-RICHARDSON
Bill Number: H. 5077 (Word version)
Date: ADD:
04/18/02 KLAUBER
Bill Number: H. 5077 (Word version)
Date: ADD:
04/18/02 KOON
Bill Number: H. 5077 (Word version)
Date: ADD:
04/18/02 CATO
Bill Number: H. 5077 (Word version)
Date: ADD:
04/18/02 BARFIELD
Bill Number: H. 5102 (Word version)
Date: ADD:
04/18/02 CAMPSEN
The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate:
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. 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
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.
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.
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.
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.
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.
Rep. CAMPSEN explained the Bill.
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.
Rep. SHARPE explained the Bill.
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.
Rep. RHOAD explained the Bill.
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.
Rep. EDGE explained the Bill.
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.
Rep. LAW explained the Joint Resolution.
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.
On motion of Rep. EDGE, with unanimous consent, it was ordered that S. 1187 be read the third time tomorrow.
On motion of Rep. WILDER, with unanimous consent, it was ordered that H. 5134 be read the third time tomorrow.
On motion of Rep. CARNELL, with unanimous consent, it was ordered that H. 5137 be read the third time tomorrow.
On motion of Rep. STUART, with unanimous consent, it was ordered that H. 5147 be read the third time tomorrow.
On motion of Rep. SHARPE, with unanimous consent, it was ordered that H. 4968 be read the third time tomorrow.
On motion of Rep. RHOAD, with unanimous consent, it was ordered that H. 4650 be read the third time tomorrow.
On motion of Rep. EDGE, with unanimous consent, it was ordered that H. 4771 be read the third time tomorrow.
On motion of Rep. LAW, with unanimous consent, it was ordered that H. 5132 be read the third time tomorrow.
On motion of Rep. HINSON, with unanimous consent, it was ordered that H. 4406 be read the third time tomorrow.
The following Bill was taken up:
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.
Rep. HINSON proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\11610AC02), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 1 of Act 518 of 1982 is amended to read:
"Section 1. The governing body of the School District of Berkeley County shall be a board to be known as the Berkeley County Board of Education. The board shall consist of eight nine members who beginning with the 1982 2002 election shall must be elected in the manner hereinafter specified in this act. The present members of the Berkeley County Board of Education shall continue to serve until January 1, 1983 until the time specified in Section 2, at which time the members of the board elected in the manner provided for in this act shall take office. The county superintendent of education shall continue to serve until the term for which he was elected expires, and the person elected to that office in the general election of 1982 shall serve the full term for which elected. Thereafter the The county superintendent of education shall be appointed by the board."
SECTION 2. Section 2 of Act 518 of 1982, as last amended by Act 584 of 1994, is further amended to read:
"Section 2. Except as otherwise provided herein, the members of the board shall must be elected in a nonpartisan election to be held at the same time as the 1982 general election for terms of four years; provided, however, that of those first elected the members from Districts 1, 3, 5, and 7 shall serve initial terms of two years. At the 2002 election, successors to the current members residing in Districts 2, 4, 6, and 8 whose terms expire in 2002 shall be elected for four-year terms. At the 2002 election, a member shall also be elected from District 9 for a two-year term and then at the 2004 election for four-year term. At the 2004 election, successors to the current members residing in Districts 1, 3, 5, 7, whose terms expire in 2004 shall be elected for four-year terms. Successors to such these members shall must be elected in a nonpartisan election to be held at the same time as the general election every four years thereafter. All members of the board shall serve until their successors are elected and qualify. Notwithstanding any other provision of law, members shall take office on at the first day of January meeting of the board following certification of the election. At any election the candidate receiving the highest number of votes shall be deemed elected.
A vacancy occurring for any reason other than expiration of a term must be filled by special election for the unexpired portion of the term as provided in Section 7-13-190. The board shall elect from among its members one person to serve as chairman for a term of one year, provided that no chairman is eligible to serve more than two consecutive terms.
Also commencing July 1, 1987, the The county superintendent of education appointed by the board shall not be a member thereof of the board."
SECTION 3. Section 3 of Act 518 of 1982 is amended to read:
"Section 3. For the purpose of electing members of the Berkeley County Board of Education, the School District of Berkeley County is hereby divided into eight nine single-member election districts which shall be the same as the single-member election districts from which members of the governing body of Berkeley County are elected as enumerated in Section 3A of this act."
SECTION 4. Act 518 of 1982 is amended by adding a new Section 3A to read:
"Section 3A. The nine single-member election districts from which members of the Berkeley County Board of Education shall be elected beginning in 2002 are as follows:
District 1 Population
Berkeley County
VTD 41 2130
VTD 42
Tract 020805
Blocks: 1003, 1004, 1005, 1006, 1007, 1008,
1009, 1011, 1012, 1013, 1014, 1015,
1018, 1022, 1023, 1024, 1026, 1027,
1028, 1029, 1030, 1031, 1033, 1034,
1036, 1037, 1038, 1039, 1040, 1041,
1042, 1043, 1044, 1045, 1046, 1047,
1048, 1049, 1050, 1051, 1052, 1053,
1054, 1055, 1056, 1057, 1058, 1984,
1990, 1991, 1993, 1995, 1996, 1997,
1998, 1999 5746
Tract 020902
Blocks:2009 0
VTD 42 Subtotal 5746
VTD 44 2877
VTD 45 3025
VTD 46
Tract 021000
Blocks:1002, 1003, 1004, 1005, 1006, 1007,
1008, 1009, 1010, 1011, 1012, 1013,
1014, 2000, 2001, 2002, 2003, 2004,
2005, 2006, 2007, 2008, 2009, 2010,
2011, 2012, 2013, 2014, 2015, 2016,
2017, 2018, 2019 2142
VTD 46 Subtotal 2142
Berkeley County Subtotal 15920
District 1 Total 15920
PERCENT DEVIATION 0.441
District 2 Population
Berkeley County
VTD 29
Tract 020402
Blocks: 2012, 2013, 2014, 2015, 2016, 2017,
2018, 2019, 2020, 2021, 2022, 2023,
2024, 2025, 2026, 2027, 2028, 2029,
2030, 2031, 2032, 2033, 2034, 2047,
2048, 2049, 2067, 2068, 2069, 2071,
2072, 2073, 2074, 2075, 2076, 2077,
2078, 2079, 2080, 2081, 2082, 2083,
2084, 2085, 2086, 2087, 2088, 2089,
2090, 2091, 2092, 2093, 2094, 2095,
2096, 2097, 2098, 2099, 2100, 2101,
2102, 2103, 2104, 2105, 2106, 2107,
2108, 2109, 2110, 2111, 2112, 2113,
2114, 2115, 2116, 2117, 2118, 2119,
2120, 2121, 2122, 2123, 2124, 2125,
2126, 2127, 2128, 2129, 2130, 2131,
2132, 2133, 2134, 2135, 2136, 2137,
2138, 2139, 2140, 2141, 2142, 2143,
2144, 2145, 2146, 2147, 2148, 2149,
2150, 2151, 2152, 2153, 2154, 2155,
2156, 2157, 2158, 2159, 2160, 2161,
2162, 2163, 2164, 2165, 2166, 2167,
2168, 2169, 2170, 2171, 2172, 2173,
2174, 2175, 2176, 2177, 2178, 2179,
2180, 2181, 2182, 2183, 2184, 2185,
2186, 2187, 2188, 2189, 2190, 2191,
2192, 2193, 2194, 2195, 2196, 2197,
2198, 2199, 2200, 2201, 2202, 2203,
2204, 2205, 2206, 2207, 2208, 2209,
2210, 2211, 2212, 2213, 2214, 2215,
2216, 2217, 2218, 2219, 2220, 2221,
2222, 2223, 2224, 2225, 2226, 2227,
2228, 2229, 2230, 2231, 2232, 2233,
2234, 2235, 2236, 2237, 2238, 2239,
2240, 2959, 2961, 2962, 2963, 2964,
2965, 2966, 2967, 2968, 2969, 2970,
2971, 2972, 2973, 2974, 2975, 2976,
2977, 2978, 2979, 2980, 2981, 2982,
2983, 2984, 2985, 2986, 2987, 2988,
2989, 2990, 2991, 2992, 2993, 2994,
2995, 2996 1820
VTD 29 Subtotal 1820
VTD 42
Tract 020805
Blocks:1000, 1001, 1002, 1016, 1017, 1019,
1020, 1021, 1025, 1032, 1035, 1985 2507
VTD 42 Subtotal 2507
VTD 43 8882
VTD 46
Tract 020703
Blocks:1979,1980 0
Tract 020805
Blocks:1986 0
Tract 020902
Blocks:1000 0
Tract 021000
Blocks: 1000, 1001, 3000, 3001, 3002, 3003,
3004, 3005, 3006, 3007, 3008, 3009,
3010, 3011, 3012, 3013, 3014, 3015,
3016, 3017, 3018, 3019, 3020, 3021,
3022, 3023, 3024, 3025, 3026, 3027,
3028, 3029, 3030, 3031, 3032, 3033,
3034, 3035, 3036, 3037, 3038, 3039,
3040, 3041, 3042, 3043, 3044, 3045,
3046, 3047, 3048, 3049, 3050, 3051,
3052, 3053, 3054, 3055, 3056, 3057,
3058, 3059, 3060, 3061, 3062, 3063,
3064, 3065, 3066, 3067, 3068, 3069,
3070, 3071, 3072, 3073, 3074, 3075,
3076, 3077, 3078, 3079, 3080, 3081,
3082, 3083, 3084, 3085, 3086, 3087,
3088, 3089, 3090, 3091, 3092, 3093,
3094 2649
VTD 46 Subtotal 2649
Berkeley County Subtotal 15858
District 2 Total 15858
PERCENT DEVIATION 0.050
District 3 Population
Berkeley County
VTD 23
Tract 020600
Blocks: 2058, 2059, 2060, 2061, 2062, 2063,
2064, 2065, 2066, 2067, 2068, 2069,
2070, 2071, 2072, 2073, 2074, 2075,
2076, 2077, 2078, 2079, 2080, 2081,
2082, 2083, 2084, 2085, 2086, 2087,
2088, 2089, 2090, 2091, 2092, 2093,
2094, 2095, 2989, 2994, 2995, 2996,
2997, 2998 9
Tract 020703
Blocks:1996, 1997, 1999 0
Tract 020707
Blocks: 1001,1999 0
VTD 23 Subtotal 9
VTD 29
Tract 020402
Blocks: 1081, 1082, 1083, 1084, 1130, 1132,
1133, 1134, 1135, 1136, 1137, 1138,
1139, 1140, 1141, 1142, 1143, 1144,
1145, 1146, 1147, 1148, 1149, 1150,
1158, 1159, 1160, 1161, 1162, 1163,
1164, 1165, 1166, 1167, 1170, 1171,
1172, 1173, 1180, 1181, 1992, 1993,
1994, 1995, 2960 4
VTD 29 Subtotal 4
VTD 33
Tract 020707
Blocks: 2005, 2006, 2007, 2008, 2009, 2010,
2011, 2012, 2013, 2014, 2015, 2016,
2017, 2018, 2023, 2028, 2029, 2030,
2031, 2032, 3000, 3001, 3002, 3003,
3004, 3005, 3006, 3007, 3008, 3009,
3010, 3011, 3012, 3013, 3014, 3015 2753
VTD 33 Subtotal 2753
VTD 37 5021
VTD 38 5220
VTD 40 3083
VTD 42
Tract 020805
Blocks: 1010 0
VTD 42 Subtotal 0
Berkeley County Subtotal 16090
District 3 Total 16090
PERCENT DEVIATION 1.513
District 4 Population
Berkeley County
VTD 21
Tract 020705
Blocks:1000, 1001, 1009, 1010, 1011, 1012,
1013, 2033 424
Tract 020707
Blocks: 1035, 1036, 1039, 1040 0
VTD 21 Subtotal 424
VTD 22
Tract 020707
Blocks: 1034 0
VTD 22 Subtotal 0
VTD 25
Tract 020708
Blocks: 1009, 1010, 1011, 1012, 1048 1019
VTD 25 Subtotal 1019
VTD 26
Tract 020708
Blocks:1004, 1013, 1014, 1015, 1016, 1017,
1018, 1019, 1020, 1028, 1030, 1031 2039
VTD 26 Subtotal 2039
VTD 27
Tract 020709
Blocks: 1037 0
VTD 27 Subtotal 0
VTD 28 6333
VTD 30
Tract 020709
Blocks: 1032, 1042, 1043, 1044, 1045, 1046,
1047, 1048, 1049 655
VTD 30 Subtotal 655
VTD 31
Tract 020705
Blocks:1002, 1031 193
Tract 020708
Blocks:1000, 1001, 1002, 1003 352
Tract 020709
Blocks: 1000, 1001, 1002, 1003, 1004, 1005,
1006, 1007, 1008, 1009, 1010, 1011,
1012, 1013, 1014, 1015, 1016, 1017,
1018, 1019, 1020, 1021, 1022, 1023,
1024, 1025, 1026, 1027, 1028, 1029,
1035, 1038, 1039, 1040, 1041 4524
VTD 31 Subtotal 5069
VTD 33
Tract 020707
Blocks: 2000, 2001, 2002, 2003, 2004, 2033 181
VTD 33 Subtotal 181
Berkeley County Subtotal 15720
District 4 Total 15720
PERCENT DEVIATION -0.821
District 5 Population
Berkeley County
VTD 30
Tract 020709
Blocks: 1030, 1031, 1050, 1051, 1052, 1053,
1054, 1055, 1056, 1057, 1058, 1059,
1060, 1061, 1062, 1063, 1064, 1065,
1066, 1067, 1068, 1069, 1070, 1071,
1072, 1073, 1074, 1075, 1076, 1077,
1078, 1079, 1080, 1086, 1087 3148
VTD 30 Subtotal 3148
VTD 32 2923
VTD 33
Tract 020707
Blocks: 2019, 2020, 2021, 2022, 2024, 2025,
2026, 2027 977
VTD 33 Subtotal 977
VTD 34 1240
VTD 35 4329
VTD 36 2434
VTD 39 981
Berkeley County Subtotal 16032
District 5 Total 16032
PERCENT DEVIATION 1.148
District 6 Population
Berkeley County
VTD 1
Tract 020100
Blocks:2001, 2052, 2053, 2054, 2055, 2056,
2057, 2058, 2059, 2060, 2061, 2062,
2063, 2066, 2067, 2068, 2069, 2070,
2071, 2072, 2086, 2087, 2993, 3000,
3001, 3019, 3020, 3021, 3022, 3024 289
Tract 020501
Blocks:4003, 4014, 4015, 4016, 4017, 4018,
4019, 4020, 4021 7
VTD 1 Subtotal 296
VTD 10
Tract 020100
Blocks: 2081, 2082, 2083, 2084, 2085, 2088,
2994, 2995, 2996, 2997, 2998, 2999 16
Tract 020501
Blocks: 3000, 3001, 3002, 3003, 3004, 3005,
3006, 3007, 3008, 3009, 3010, 3999,
4000, 4001, 4002, 4004, 4005, 4006,
4007, 4008, 4009, 4010, 4011, 4012,
4013, 4032, 4033, 4038, 4039, 4040,
4041, 4042, 4043, 4047, 4049, 4050,
4051, 4052, 4053, 4054, 4055, 4056,
6008, 6009 1967
VTD 10 Subtotal 1983
VTD 11
Tract 020501
Blocks: 1016, 1017, 1018, 1019, 1020, 1021,
1022, 1023, 1024, 1025, 1026, 1027,
1028, 1029, 1030, 1031, 1032, 1043,
1044, 1047, 1048, 1049, 1050, 1051,
2000, 2001, 2002, 2003, 2004, 2005,
2006, 2007, 2009, 2010, 2011, 2012,
2013, 2014, 2015, 2016, 2017, 2018,
2019, 2020, 2021, 2022, 2023, 2024,
2025, 2026, 2027, 2028, 2029, 2030,
2031, 2032, 2033, 2034, 2035, 2036,
2037, 2038, 2039, 2040, 2041, 2042,
2043, 2044, 2045, 2046, 2047, 2048,
2049, 2050, 2051, 2052, 2053, 2054,
2055, 2999, 6007 2138
VTD 11 Subtotal 2138
VTD 12
Tract 020300
Blocks: 3034, 3036, 3037, 5037, 5038, 5039,
5041, 5042, 5043, 5044, 5045, 5046,
5047, 5048, 5994 206
VTD 12 Subtotal 206
VTD 14
Tract 020501
Blocks: 4031, 4036, 4046 0
VTD 14 Subtotal 0
VTD 15
Tract 020501
Blocks: 5000, 5001, 5002, 5003, 5004, 5005,
5006, 5007, 5008, 5009, 5010, 5011,
5012, 5013, 5016, 5017, 5022, 5023,
6000, 6001, 6002, 6003, 6004, 6005,
6006, 6010, 6011, 6012, 6013, 6014,
6015, 6016, 6017, 6018, 6019, 6020,
6021, 6022, 6023, 6024, 6025, 6026,
6027, 6028, 6029, 6030, 6031, 6032 2142
VTD 15 Subtotal 2142
VTD 16
Tract 020502
Blocks: 1012, 1013, 1014, 1015, 1016, 1017,
1018, 1019, 1020, 1021, 1022, 1023,
1024, 1025, 1026, 1027, 1028, 1029,
1030, 1031, 1032, 1033, 1034, 1036,
1037, 1039, 1040, 1041, 1042, 1043,
1044, 1045, 1046, 1048, 1049 1265
VTD 16 Subtotal 1265
VTD 17
Tract 020502
Blocks: 2000, 2001, 2002, 2003, 2004, 2005,
2006, 2007, 2017, 2018, 2019, 2021,
2022, 2041, 2042, 2043, 2044, 2045,
2999, 4000, 4001, 4002, 4003, 4004,
4005, 4006, 4007, 4008, 4009, 4010,
4011, 4012, 4013, 4014, 4015, 4016,
4017, 4018, 4019, 4020, 4021, 4022,
4023, 4024, 4025, 4026, 4027, 4028,
4029, 4030, 4031, 4032, 4033, 4034,
4035, 4036, 4037, 4038, 4039, 4040,
4041, 4044, 4045, 4046, 4047, 4048,
4049, 4050, 4051, 4052, 4053, 4054,
4055, 4056, 4057, 4999 2230
VTD 17 Subtotal 2230
VTD 2
Tract 020100
Blocks: 2000, 2992 0
Tract 020200
Blocks: 4042, 4061, 4062, 4063, 4064, 4067,
4068, 4993, 4994 12
VTD 2 Subtotal 12
VTD 21
Tract 020701
Blocks: 2002 122
VTD 21 Subtotal 122
TD 22
Tract 020501
Blocks: 5024 0
Tract 020502
Blocks: 2023, 2024, 2026 0
Tract 020600
Blocks: 1000, 1001, 1002, 1003, 1004, 1005,
1006, 1007, 1008, 1009, 1010, 1011,
1012, 1013, 1058, 1059, 1060, 1061,
1062, 1063, 1064, 1065, 1066, 1067,
1068, 1069, 1070, 1999 372
Tract 020701
Blocks: 1000, 1001, 1002, 1007, 1008, 1029,
1999 666
VTD 22 Subtotal 1038
VTD 3
Tract 020200
Blocks: 4081, 4082, 4083, 4096, 4996 9
Tract 020300
Blocks: 5998, 6005, 6006, 6007, 6008, 6009,
6010, 6011, 6012, 6013, 6997, 6998 198
VTD 3 Subtotal 207
VTD 4
Tract 020300
Blocks: 3004, 3005, 3006, 3007, 3008, 3009,
3010, 3011, 3012, 3013, 3014, 3015,
3016, 3017, 3018, 3019, 3020, 3021,
3022, 3023, 3024, 3025, 3026, 3027,
3033, 3035, 5000, 5001, 5002, 5003,
5004, 5005, 5006, 5007, 5008, 5009,
5010, 5011, 5012, 5013, 5014, 5015,
5016, 5017, 5018, 5019, 5020, 5021,
5022, 5023, 5024, 5025, 5026, 5027,
5028, 5029, 5030, 5031, 5032, 5033,
5034, 5035, 5036, 5049, 5050, 5051,
5052, 5053, 5054, 5995, 5996, 5997,
5999, 6039, 6040, 6041, 6042, 6043,
6044, 6045 2583
VTD 4 Subtotal 2583
VTD 7
Tract 020300
Blocks: 1030, 1031, 1043, 1044, 1045, 1046,
1047, 1048, 1049, 1050, 1051, 1052,
2006, 2007, 2008, 2009, 2010, 2013,
2014, 2015, 2016, 2017, 2018 1485
VTD 7 Subtotal 1485
VTD 9
Tract 020100
Blocks: 3023 0
VTD 9 Subtotal 0
Berkeley County Subtotal 15707
District 6 Total 15707
PERCENT DEVIATION -0.903
District 7 Population
Berkeley County
VTD 1
Tract 020100
Blocks: 1000, 1002, 1003, 1004, 1005, 1006,
1007, 1008, 1009, 1010, 1011, 1012,
1013, 1014, 1015, 1016, 1017, 1018,
1019, 1020, 1021, 1022, 1023, 1024,
1025, 1026, 1027, 1028, 1029, 1030,
1031, 1032, 1033, 1034, 1035, 1036,
1037, 1994, 1995, 1996, 1999, 2002,
2003, 2004, 2005, 2006, 2007, 2008,
2009, 2010, 2011, 2012, 2013, 2014,
2015, 2016, 2017, 2018, 2019, 2020,
2021, 2022, 2023, 2024, 2025, 2026,
2027, 2028, 2029, 2030, 2031, 2032,
2033, 2034, 2035, 2036, 2037, 2038,
2039, 2040, 2041, 2042, 2043, 2044,
2045, 2046, 2047, 2048, 2049, 2050,
2051, 2064, 2065, 2073, 2074, 2075,
2076, 2077, 2078, 2079, 2080, 2089,
2090, 2091, 2092, 2093, 2094, 3002,
3003, 3004, 3018, 3025 3238
Tract 020501
Blocks: 4023 0
VTD 1 Subtotal 3238
VTD 10
Tract 020501
Blocks: 4048 0
VTD 10 Subtotal 0
VTD 13
Tract 020100
Blocks: 3027, 3028, 3035, 3036, 3037, 3038,
3039, 3040 103
Tract 020501
Blocks: 4022, 4024, 4025, 4026, 4027, 4075,
4076 211
VTD 13 Subtotal 314
VTD 14
Tract 020501
Blocks: 4028, 4029, 4030, 4034, 4035, 4037,
4044, 4045, 4057, 4058, 4059, 4060,
4061, 4062, 4063, 4064, 4065, 4066,
4067, 4068, 4069, 4070, 4071, 4072,
4073, 4074 751
Tract 020701
Blocks: 1003, 1004, 1005, 1006, 1009, 1010,
1011, 1012, 1013, 1014, 1015, 1016,
1017, 1018, 1019, 1020, 1021, 1022,
1023, 1024, 1025, 1026, 1027, 1028,
2019, 2020, 2021, 2022, 2023, 2024,
2056, 3000, 3001, 3005, 3006, 3007,
3008, 3009, 3010 882
VTD 14 Subtotal 1633
VTD 2
Tract 020100
Blocks: 1001, 1997, 1998 0
Tract 020200
Blocks: 3033, 3034, 3035, 3036, 3037, 3038,
3039, 3040, 3041, 3044, 3045, 3046,
3047, 3048, 3049, 3050, 3051, 3052,
3053, 3054, 3055, 3056, 3057, 3058,
3059, 3060, 3061, 3062, 3063, 3064,
3065, 3066, 3067, 3068, 3069, 3070,
3071, 3072, 3073, 3074, 3075, 3076,
3077, 3078, 3079, 3080, 3081, 3998,
4014, 4015, 4016, 4017, 4018, 4019,
4020, 4021, 4022, 4023, 4024, 4025,
4026, 4027, 4028, 4029, 4030, 4031,
4032, 4033, 4034, 4035, 4036, 4037,
4038, 4039, 4040, 4041, 4043, 4044,
4045, 4046, 4047, 4048, 4049, 4050,
4051, 4052, 4053, 4054, 4055, 4056,
4057, 4058, 4059, 4060, 4065, 4066,
4995 1070
VTD 2 Subtotal 1070
VTD 3
Tract 020200
Blocks: 3000, 3001, 3002, 3003, 3004, 3005,
3006, 3007, 3008, 3009, 3010, 3011,
3012, 3013, 3014, 3015, 3016, 3017,
3018, 3019, 3020, 3021, 3022, 3023,
3024, 3025, 3026, 3027, 3028, 3029,
3030, 3031, 3032, 3042, 3043, 3082,
3083, 3996, 3997, 3999, 4000, 4001,
4002, 4003, 4004, 4005, 4006, 4007,
4008, 4009, 4010, 4011, 4012, 4013,
4069, 4070, 4071, 4072, 4073, 4074,
4075, 4076, 4077, 4078, 4079, 4080,
4084, 4085, 4086, 4087, 4088, 4089,
4090, 4091, 4092, 4093, 4094, 4095,
4097, 4098, 4099, 4997, 4998, 4999 1293
Tract 020300
Blocks: 6003, 6004, 6016, 6999 102
VTD 3 Subtotal 1395
VTD 5
Tract 020200
Blocks: 1011, 1012, 1013, 1014, 1015, 1016,
1017, 1018, 1019, 1020, 1021, 1022,
1023, 1024, 1025, 1026, 1027, 1028,
1029, 1030, 1031, 1032, 1033, 1034,
1035, 1036, 1037, 1038, 1039, 1040,
1041, 1042, 1043, 1044, 1045, 1046,
1047, 1048, 1049, 1050, 1051, 1053,
1054, 1055, 1056, 1057, 1058, 1059,
1060, 1061, 1062, 1063, 1064, 1065,
1066, 1067, 1068, 1069, 1070, 1071,
1072, 1073, 1074, 1075, 1076, 1079,
1080, 1083, 1095, 1096, 1995, 1996,
1997, 1998, 2000, 2001, 2002, 2003,
2004, 2005, 2006, 2007, 2008, 2009,
2010, 2011, 2012, 2013, 2014, 2015,
2016, 2017, 2018, 2019, 2020, 2021,
2022, 2023, 2024, 2025, 2026, 2027,
2028, 2029, 2030, 2031, 2032, 2033,
2034, 2035, 2036, 2037, 2038, 2039,
2040, 2041, 2042, 2043, 2044, 2045,
2046, 2047, 2048, 2049, 2050, 2051,
2052, 2053, 2054, 2055, 2056, 2057,
2058, 2059, 2060, 2061, 2062, 2063,
2064, 2065, 2066, 2067, 2068, 2994,
2995, 2996, 2997, 2998, 2999, 5000,
5001, 5002, 5003, 5004, 5005, 5006,
5007, 5008, 5009, 5010, 5011, 5012,
5013, 5014, 5015, 5016, 5017, 5018,
5019, 5020, 5021, 5022, 5023, 5024,
5025, 5026, 5027, 5028, 5029, 5030,
5031, 5032, 5033, 5034, 5035, 5036,
5037, 5038, 5039, 5040, 5041, 5042,
5999 4790
VTD 5 Subtotal 4790
VTD 6
Tract 020200
Blocks: 1008, 1009, 1010, 1052, 1999 54
VTD 6 Subtotal 54
VTD 9
Tract 020100
Blocks: 3005, 3006, 3007, 3008, 3009, 3010,
3011, 3012, 3013, 3014, 3015, 3016,
3017, 3026, 3029, 3030, 3031, 3032,
3033, 3034, 4005, 4006, 4007, 4008,
4009, 4010, 4011, 4012, 4013, 4014,
4015, 4016, 4017, 4018, 4051, 4052,
4053, 4054, 4055, 4056, 4058, 4059,
4060, 4061, 4062, 4063, 4064, 4065,
4066, 4067, 4068, 4069, 4070, 4071,
4072, 4998, 4999 3117
VTD 9 Subtotal 3117
Berkeley County Subtotal 15611
District 7 Total 15611
PERCENT DEVIATION -1.509
District 8 Population
Berkeley County
VTD 11
Tract 020501
Blocks: 1000, 1001, 1002, 1003, 1004, 1005,
1006, 1007, 1008, 1009, 1010, 1011,
1012, 1013, 1014, 1015, 1033, 1034,
1035, 1036, 1037, 1038, 1039, 1040,
1041, 1042, 1045, 1046, 1998, 1999,
2008 1010
VTD 11 Subtotal 1010
VTD 12
Tract 020300
Blocks: 3045, 3046, 3047, 3048, 3049, 3999,
4000, 4001, 4002, 4003, 4004, 4005,
4006, 4007, 4008, 4009, 4010, 4011,
4012, 4013, 4014, 4015, 4016, 4017,
4018, 4019, 4020, 4021, 4022, 4023,
4024, 4025, 4026, 4027, 4028, 4029,
4030, 4031, 4032, 4033, 4034, 4035,
4036, 4037, 4038, 4039, 4040, 4041,
4042, 4043, 4044, 4045, 4046, 4047,
4998, 4999, 5040 953
VTD 12 Subtotal 953
VTD 15
Tract 020501
Blocks: 5014, 5015, 5018, 5019, 5020, 5021 536
VTD 15 Subtotal 536
VTD 16
Tract 020502
Blocks: 1000, 1001, 1002, 1003, 1004, 1005,
1006, 1007, 1008, 1009, 1010, 1011,
1035, 1038, 1047, 2012, 2013, 2014,
2032, 2033, 2034, 2035, 2036, 2037,
2038, 2039, 2040, 2046, 2047, 2048,
3000, 3001, 3002, 3003, 3004, 3005,
3007, 3009, 3010, 3011, 3012, 3013,
3014, 3015 1278
VTD 16 Subtotal 1278
VTD 17
Tract 020502
Blocks: 2008, 2009, 2010, 2011, 2015, 2016,
2020, 4042, 4043 810
VTD 17 Subtotal 810
VTD 18 1599
VTD 19 313
VTD 20 511
VTD 22
Tract 020502
Blocks: 2025, 2027, 2028, 2029, 2030, 2031,
3006, 3008, 3016, 3017, 3018, 3019,
3999 545
Tract 020600
Blocks: 1014, 1015, 1016, 1017, 1018, 1019,
1020, 1021, 1022, 1024, 1025, 1026,
1027, 1041, 1042, 1043, 1044, 1045,
1046, 1047, 1048, 1049, 1050, 1051,
1052, 1053, 1054, 1055, 1056, 1057,
1997, 1998, 2025 514
VTD 22 Subtotal 1059
VTD 23
Tract 020600
Blocks: 2020, 2021, 2022, 2999 85
VTD 23 Subtotal 85
VTD 24 1535
VTD 29
Tract 020402
Blocks: 1010, 1011, 1012, 1013, 1077, 1078,
1079, 1080, 1085, 1086, 1087, 1088,
1089, 1090, 1091, 1101, 1102, 1103,
1104, 1105, 1107, 1108, 1109, 1110,
1111, 1114, 1115, 1116, 1117, 1118,
1119, 1120, 1121, 1122, 1123, 1124,
1125, 1126, 1127, 1128, 1129, 1131,
1151, 1152, 1153, 1154, 1155, 1156,
1157, 1168, 1169, 1174, 1175, 1176,
1177, 1178, 1179, 1182, 1183, 1184,
1185, 1186, 1187, 1188, 1998, 2000,
2001, 2002, 2003, 2004, 2005, 2006,
2007, 2008, 2009, 2010, 2011, 2035,
2036, 2037, 2038, 2039, 2040, 2041,
2042, 2043, 2044, 2045, 2046, 2050,
2051, 2052, 2053, 2054, 2055, 2056,
2057, 2058, 2059, 2060, 2061, 2062,
2063, 2064, 2065, 2066, 2070, 2997,
2998, 2999 1586
VTD 29 Subtotal 1586
VTD 3
Tract 020300
Blocks: 6002, 6014, 6015, 6017, 6018, 6019,
6021, 6022, 6023 227
VTD 3 Subtotal 227
VTD 4
Tract 020200
Blocks: 1086, 1087, 1088, 1089, 1094 0
Tract 020300
Blocks: 3000, 3001, 3002, 3003, 6000, 6001,
6020, 6024, 6025, 6026, 6027, 6028,
6029, 6030, 6031, 6032, 6033, 6036,
6037, 6038 821
VTD 4 Subtotal 821
VTD 5
Tract 020200
Blocks: 1077, 1078, 1090, 1091 124
Tract 020300
Blocks: 6034, 6035 0
VTD 5 Subtotal 124
VTD 6
Tract 020200
Blocks: 1000, 1001, 1002, 1003, 1004, 1005,
1006, 1007, 1081, 1082, 1084, 1085 313
Tract 020300
Blocks: 1000, 1001, 1002, 1003, 1004, 1005,
1006, 1007, 1008, 1009, 1010, 1011,
1012, 1013, 1014, 1015, 1016, 1017,
1018, 1019, 1023, 1024, 1025, 1026,
1028, 1999 827
Tract 020401
Blocks: 1154, 1155, 1156, 1157, 1158, 1159,
1160 107
VTD 6 Subtotal 1247
VTD 7
Tract 020200
Blocks: 1092, 1093 0
Tract 020300
Blocks: 1020, 1021, 1022, 1027, 1029, 1032,
1033, 1034, 1035, 1036, 1037, 1038,
1039, 1040, 1041, 1042, 2000, 2001,
2002, 2003, 2004, 2005, 2011, 2012,
2019, 2025, 2026, 3028, 3029, 3030,
3031, 3032, 3038, 3039, 3040, 3041,
3042, 3043, 3044 1026
Tract 020401
Blocks: 2053, 2054, 2055, 2056, 2057, 2058,
2059, 2060, 2061, 2062, 2063, 2064,
2065, 2066, 2067, 2068, 2069, 2070,
2071, 2072, 2073, 2074, 2075, 2090 150
VTD 7 Subtotal 1176
VTD 8 878
Berkeley County Subtotal 15748
District 8 Total 15748
PERCENT DEVIATION -0.644
District 9 Population
Berkeley County
VTD 13
Tract 020100
Blocks: 4000, 4001, 4002, 4003, 4020, 4021,
4022, 4023, 4024, 4025, 4026, 4027,
4028, 4029, 4030, 4031, 4032, 4033,
4034, 4035, 4036, 4037, 4038, 4039,
4040, 4041, 4042, 4043, 4044, 4045,
4046, 4047, 4048 463
VTD 13 Subtotal 463
VTD 14
Tract 020701
Blocks: 2026, 2053, 2054, 2055, 2057, 2077,
2078, 2080, 2081, 2082, 2083, 2084,
2085, 2086, 2087, 2088, 2089, 2090,
2091, 2092, 2093, 2094, 2095, 2096,
2097, 2098, 2099, 2100, 2101, 2102,
2103, 2104, 2105, 2106, 2107, 2108,
2143, 2144, 2146, 2149, 2150, 3002,
3003, 3004, 3011, 3012, 3013, 3014,
3015, 3016, 3017, 3018, 3019, 3020,
3021, 3022, 3023, 3024, 3025, 3026,
3999 1585
VTD 14 Subtotal 1585
VTD 21
Tract 020701
Blocks: 2000, 2001, 2003, 2004, 2005, 2006,
2007, 2008, 2009, 2010, 2011, 2012,
2013, 2014, 2015, 2016, 2017, 2018,
2025, 2027, 2028, 2029, 2030, 2031,
2032, 2033, 2034, 2035, 2036, 2037,
2038, 2039, 2040, 2041, 2042, 2043,
2044, 2045, 2046, 2047, 2048, 2049,
2050, 2051, 2052, 2058, 2059, 2060,
2061, 2062, 2063, 2064, 2065, 2066,
2067, 2068, 2069, 2070, 2071, 2072,
2073, 2074, 2075, 2076, 2079, 2109,
2110, 2111, 2112, 2113, 2114, 2115,
2116, 2117, 2118, 2119, 2120, 2121,
2122, 2123, 2124, 2125, 2126, 2127,
2128, 2129, 2130, 2131, 2132, 2133,
2134, 2135, 2136, 2137, 2138, 2139,
2140, 2141, 2142, 2145, 2147, 2148,
2151, 2152, 2153, 2154, 2155, 2156,
2157, 2158, 2159, 2160, 2161, 2162,
2999 5189
Tract 020707
Blocks: 1019, 1020, 1021, 1025, 1026, 1027,
1028, 1029, 1030, 1031, 1032, 1037,
1038 409
VTD 21 Subtotal 5598
VTD 22
Tract 020600
Blocks: 1023, 1028, 1029, 1030, 1031, 1032,
1033, 1034, 1035, 1036, 1037, 1038,
1039, 1040, 1994, 1995, 1996, 2028 719
Tract 020707
Blocks: 1010, 1011, 1012, 1013, 1014, 1015,
1016, 1017, 1018, 1022, 1023, 1024,
1033, 1997 437
VTD 22 Subtotal 1156
VTD 23
Tract 020600
Blocks: 2000, 2001, 2002, 2003, 2004, 2005,
2006, 2007, 2008, 2009, 2010, 2011,
2012, 2013, 2014, 2015, 2016, 2017,
2018, 2019, 2023, 2024, 2026, 2027,
2029, 2030, 2031, 2032, 2033, 2034,
2035, 2036, 2037, 2038, 2039, 2040,
2041, 2042, 2043, 2044, 2045, 2046,
2047, 2048, 2049, 2050, 2051, 2052,
2053, 2054, 2055, 2056, 2057, 2990,
2991, 2992, 2993 1031
Tract 020707
Blocks: 1006, 1007, 1008, 1009, 1042, 1043,
1044, 1045, 1046, 1047, 1048, 1049,
1050, 1051 355
VTD 23 Subtotal 1386
VTD 25
Tract 020708
Blocks: 1005, 1006, 1007, 1008, 1026, 1027,
1041, 1042, 1043, 1044, 1045, 1046,
1047, 1049, 1050, 1051, 1052, 1054,
1055, 1056 2392
VTD 25 Subtotal 2392
VTD 26
Tract 020708
Blocks: 1021, 1022, 1023, 1024, 1025, 1029,
1032, 1033, 1034, 1035, 1036, 1037,
1038, 1039, 1040 1639
VTD 26 Subtotal 1639
VTD 27
Tract 020708
Blocks: 1053, 2000, 2001, 2002, 2003, 2004,
2005, 2006, 2007, 2008, 2009, 2010,
2011, 2012, 2013, 2014, 2015, 2016,
2017, 2018, 2019 755
Tract 020709
Blocks: 1033, 1036, 1081, 1082, 1083, 1084,
1085, 2001, 2002 924
VTD 27 Subtotal 1679
VTD 31
Tract 020709
Blocks: 1034 2
VTD 31 Subtotal 2
VTD 9
Tract 020100
Blocks: 4004, 4019, 4049, 4050, 4057 65
VTD 9 Subtotal 65
Berkeley County Subtotal 15965
District 9 Total 15965
PERCENT DEVIATION 0.725"
SECTION 5. Section 4 of Act 518 of 1982 is amended to read:
"Section 4. One member of the Berkeley County Board of Education shall must be elected from each of the eight nine single-member election districts established in Section 3 3A of this act. Each member of the board must be a resident of the district in which he is elected and shall must be elected by the qualified electors of that district. All persons desiring to qualify as a candidate shall file written notice of such candidacy with the county election commission at least thirty days before the date set for any such election but not earlier than sixty days prior to an election. This notice of candidacy must be a sworn statement and shall include the candidate's name, age, voting precinct, single-member election district in which the candidate resides, period of residence in the district, and such other information as the county election commission shall require.
The county commissioners of election shall conduct and supervise all elections for members of the board in the manner governed by the election laws of this State mutatis mutandi. The commissioners shall prepare the necessary ballots, appoint managers for the voting precincts, and do all things necessary to carry out such elections, including the counting of ballots and declaring the results thereof. The commissioners shall advertise the date of any such election sixty days preceding the election in the newspapers of general circulation published in Berkeley County and shall publish a second notice two weeks thereafter. The cost of the elections shall be borne by Berkeley County. The results of the elections shall must be determined in accordance with the nonpartisan plurality method prescribed by Section 1 of Act 81 of 1977 5-15-61 of the 1976 Code."
SECTION 6. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. HINSON, with unanimous consent, it was ordered that S. 1123 be read the third time tomorrow.
The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments:
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.
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 following Bills were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification:
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.
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.
The following Bill was taken up:
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.
Rep. KEEGAN moved to table the Bill, which was agreed to.
The following Bill was taken up:
H. 4922 (Word version) -- Reps. Scarborough, Owens, Limehouse, White, Trotter, Townsend, Cooper, Kelley and Meacham-Richardson: 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.
Rep. MCLEOD made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 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.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\AMEND\9051HTC02), which was adopted:
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 "Gambling Cruise Act of 2002". It is the intent of the General Assembly in enacting this act to prohibit gambling on any United States or foreign documented vessel in this State and on any United States or foreign documented vessel conducting voyages that begin and end in this State, consistent with the standards specified in 15 U.S.C. 1175(b), commonly referred to as the Johnson Act Amendments of 1992. It is the intent of the General Assembly to continue to recognize the tenets of the Home Rule Act, Section 4-9-10 et seq., and Section 5-5-10 et seq., by empowering and authorizing county and municipal governments to adopt ordinances to be exempt from this prohibited activity to gamble on so-called "cruises to nowhere" that begin and end in the jurisdictional waters of the county or municipality and to regulate such activity. It is the purpose of this act clearly and unequivocally to authorize the State to prohibit gambling activities on so-called "cruises to nowhere" as provided in 15 U.S.C. 1175 et seq., except when a county or municipal government adopts an ordinance to permit such activity. The passage of this act should in no way be construed or interpreted to mean that existing laws and local ordinances regulating gambling in this State or in counties and municipalities of this State do not apply to the so-called "cruises to nowhere" described in this act.
SECTION 2. A. Sections 54-1-10 through 54-1-40 of the 1976 Code are designated Article 1, Chapter 1, Title 54 of the 1976 Code entitled "General Provisions".
B. Chapter 1, Title 54 of the 1976 Code is amended by adding:
Section 54-1-310. (A) As used in this article:
(1) 'Vessel' means every kind of watercraft used or capable of being used as a means of transportation on or in water, as well as any ship, boat, barge, or other watercraft or any other structure capable of floating on or in the water.
(2) 'Gambling' or 'gambling device' means a game of chance and includes, but is not limited to, slot machines, punch boards, video poker, blackjack machines, keeno, or any other video gambling machine, roulette, craps, or any other gaming table type gambling or poker, blackjack, or any other card gambling game.
(3) For purposes of this article, an 'intervening stop' occurs when a vessel departs the jurisdictional waters of this State and sails into United States or international waters, and between the time the vessel departs the jurisdictional waters of this State and the time it returns to the jurisdictional waters of this State, the vessel docks at a port of call in another state or possession of the United States or foreign country and remains in that port for a period of time sufficient to allow passengers the opportunity to disembark the vessel for sightseeing, shopping, or other tourism-related activities at that port.
(B)(1) It is unlawful for a person to use any gambling device or engage in gambling aboard a vessel within the jurisdiction of this State.
(2) It is unlawful for a person to own, keep, operate, manage, or maintain any gambling device on a vessel within the jurisdiction of this State unless:
(a) the vessel is engaged in a voyage that begins and ends in this State and makes an intervening stop; and
(b) any gambling that occurs aboard the vessel occurs only outside the jurisdictional waters of this State.
(C) It is unlawful for a person to use any gambling device or engage in gambling aboard a vessel that is on a voyage if:
(1) the voyage begins and ends in this State; and
(2) during the voyage the vessel does not make an intervening stop.
(D) It is unlawful for a person to own, keep, operate, manage, or maintain any gambling device on a vessel that is on a voyage if:
(1) the voyage begins and ends in this State; and
(2) during the voyage the vessel does not make an intervening stop.
(E) It is unlawful for a person to own, keep, operate, manage, or maintain a vessel that transports persons to another vessel for the purpose of engaging in gambling if the transportation begins and ends within the jurisdiction of this State and neither the vessel providing such transportation nor the vessel on which the use of any gambling device occurs makes an intervening stop.
(F)(1) A person who violates subsections (B)(1) or (C) of this section must be assessed a civil penalty of not more than one hundred dollars for each violation, with an aggregate total not to exceed one thousand dollars for a twenty-four hour period. Nothing in this section precludes prosecution for any other applicable gambling offense.
(2) A person who violates subsections (B)(2), (D), or (E) of this section must be assessed a civil penalty of not more than one thousand dollars for each violation, with an aggregate total not to exceed ten thousand dollars for a twenty-four period. Nothing in this section precludes prosecution for any other applicable gambling offense.
Section 54-1-320(A) County and municipal governing bodies may use the powers granted by the State pursuant to the Home Rule Act, Section 4-9-10 et seq., and Section 5-5-10 et seq., to adopt an ordinance to be exempt from certain prohibitions specified in subsection (B) of this section.
(B) A county or municipality may adopt ordinances to be exempt from the prohibitions provided in Section 54-1-310(C), (D), and (E) to the extent and under the terms and conditions as it sets forth in these ordinances. If these ordinances are adopted, the county governing body may regulate, for the unincorporated area of the county, and the municipal governing body may regulate, for the municipality, the use of gambling devices aboard a vessel that is on a voyage that begins and ends in the jurisdictional waters of the county or municipality. Counties and municipalities adopting ordinances to regulate gambling cruises may assess civil penalties only for violations of these ordinances.
(C) Nothing in this article may be construed to repeal any existing county or municipal ordinances regulating the use of gambling devices aboard a vessel that is on a voyage that begins and ends in the jurisdictional waters of the county or municipality."
SECTION 3. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of Article 3, Chapter 1, Title 54 of the 1976 Code as added by this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of the article, the General Assembly hereby declaring that it would have passed each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 4. This act takes effect July 1, 2002. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. CAMPSEN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. CAMPSEN, with unanimous consent, it was ordered that H. 4387 be read the third time tomorrow.
The following Bill was taken up:
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.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\AMEND\22503CM02), which was adopted:
Amend the bill, as and if amended, Section 56-5-2990(B), as contained in SECTION 1, page 1, by striking / to obtain a route restricted driver's license or a special restricted driver's license / beginning on line 39 and ending on line 41.
Amend the bill further, as and if amended, by striking SECTION 2 in its entirety and inserting:
/ SECTION 2. Section 56-5-2951(J)(1) and (2) of the 1976 Code, as added by Act 434 of 1998, is amended to read:
"(1) If the suspension is upheld at the administrative hearing, the person may apply for a special restricted driver's license if he is employed or enrolled in a college or university. The special restricted license shall permit him to drive only to and from work and his place of education and in the course of his employment or education during the period of suspension. The special restricted license also shall permit him to drive to and from the Alcohol Drug Safety Action Program classes. The department may issue the special restricted driver's license only upon showing by the individual that he is employed or enrolled in a college or university, that he lives further than one mile from his place of employment, or place of education, or location of his Alcohol and Drug Safety Action Program classes, and that there is no adequate public transportation between his residence and his place of employment, or his place of education, or the location of his Alcohol and Drug Safety Action Program classes.
(2) If the department issues a special restricted driver's license, it shall designate reasonable restrictions on the times during which and routes on which the individual may operate a motor vehicle. A change in the employment hours, place of employment, status as a student, status of attendance of Alcohol and Drug Safety Action Program classes, or residence must be reported immediately to the department by the licensee."
SECTION 3. Section 56-5-2951(R) of the 1976 Code as added by Act 115 of 1999, is amended to read:
"(R) If a person does not request an administrative hearing within the ten-day period as authorized pursuant to this section, the person may file with the department a form after enrolling in an approved Alcohol and Drug Safety Action Program to apply for a special restricted driver's license. The special restricted license shall permit him to drive only to and from work and his place of education and in the course of his employment or education during the period of suspension. The special restricted license also shall permit him to drive to and from Alcohol and Drug Safety Action Program classes. The department may issue the special restricted driver's license at any time following the suspension upon a showing by the individual that he is employed or enrolled in a college or university, that he lives further than one mile from his place of employment, or place of education, or the location of his Alcohol an Drug Safety Action Program classes, and that there is no adequate public transportation between his residence and his place of employment, or his place of education, or the location of his Alcohol and Drug Safety Action Program classes. The department shall designate reasonable restrictions on the times during which and routes on which the individual may operate a motor vehicle. A change in the employment hours, place of employment, status as a student, status of attendance of Alcohol and Drug Safety Action Program classes, or residence must be reported immediately to the department by the licensee. The route restrictions, requirements, and fees imposed by the department for the issuance of the special restricted driver's license issued pursuant to this item are the same as those provided in this section had the person requested an administrative hearing. A special restricted driver's license is valid until the person successfully completes an approved Alcohol and Drug Safety Action Program, unless the person fails to complete or make satisfactory progress to complete the program."
SECTION 4. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend totals and 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.
On motion of Rep. DELLENEY, with unanimous consent, it was ordered that H. 3959 be read the third time tomorrow.
The following Bill was taken up:
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.
Rep. SCOTT made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 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.
Rep. MCLEOD made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 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.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\AMEND\5319DJC02), which was adopted:
Amend the bill, as and if amended, Section 46-25-210(B), SECTION 3, page 3, line 1, by striking subsection (B) in its entirety and inserting:
/ (B)(1) A person desiring to become a distributor of fertilizer as defined in this chapter, except for those distributing specialty fertilizers only in packages of ten pounds or less, shall obtain an annual permit from the commission before engaging in such business. The exception for specialty fertilizer sales does not include ammonium nitrate or urea as a single nutrient fertilizer. Permits shall not be required for persons distributing only specialty fertilizers in packages of ten pounds or less, however, no person shall distribute restricted fertilizers in any quantity without a restricted fertilizer permit. Applications for a permit to do such business in South Carolina shall be submitted on application forms furnished by the commission or its agent. Upon approval of the commission, a copy of the permit shall be furnished the applicant and when furnished, shall authorize the person receiving it to do business as a distributor. All permits shall expire on June thirtieth of each year.
(2) The two authorized categories of permits are a general fertilizer permit and a restricted fertilizer permit. A person who engages in the distribution of commercial fertilizers without a valid permit must have all commercial fertilizer placed under a stop sale order until a valid permit is obtained.
(3) A general fertilizer permit authorizes the permit holder to engage in the distribution of commercial fertilizers except those determined by the commission to be restricted fertilizers as defined in this chapter. This permit category is included in the application of all fertilizer registrants. A person holding a general fertilizer permit may not engage in the distribution of restricted fertilizers. No fee will be charged for this permit.
(4) A restricted fertilizer permit authorizes the permit holder to engage in the distribution of all commercial fertilizers, including those that are designated as restricted fertilizers. A restricted fertilizer permit holder may refuse to sell to persons attempting to purchase restricted fertilizers out of season, in unusual quantities, or under suspect purchase patterns. A restricted fertilizer permit holder must immediately report to the commission any suspect fertilizer purchase or attempt. A restricted fertilizer permit holder must record a valid state or federal driver's license number, or other picture identification card number approved for purchaser identification use by the commission, for the purchaser of restricted fertilizer. This information and additional records as set forth by the commission must be maintained for a minimum of two years. A registrant may obtain this permit by indication of intent to distribute restricted fertilizers on the application for registration. No distributor or registrant shall supply restricted fertilizers to a distributor or other persons or entities for resale who do not hold a valid restricted fertilizer permit. The annual permit fee shall be two hundred and fifty dollars. Fertilizer registrants shall not be subject to permitting fees.
(5) Notwithstanding another provision of law, the Department of Public Safety must provide to the director access to identifying information and drivers' license records as needed to verify the identity of permit holders and persons purchasing restricted fertilizer. For homeland security purposes, identifying information relating to the holder of a general or restricted fertilizer permit is exempt from disclosure under the Freedom of Information Act. /
Amend the bill further, by striking Section 46-25-210(C), SECTION 3, page 4, line 14, in its entirety and inserting:
/ (C) Except as provided in this section, a person who violates a provision of this section is guilty of a misdemeanor and, upon conviction, is subject to the criminal penalties prescribed in Section 46-9-90(A) and the civil penalties prescribed by this chapter. /
Amend further, page 4, beginning on line 19, by deleting subsections (D) and (E) in their entirety, as contained in Section 46-25-210, SECTION 3.
Renumber sections to conform.
Amend totals and title to conform.
Rep. RHOAD explained the amendment.
The amendment was then adopted.
Reps. KOON, WEBB and SNOW proposed the following Amendment No. 2 (Doc Name COUNCIL\BBM\AMEND\ 9053HTC02):
Amend the bill, as and if amended, by adding two new SECTIONS appropriately numbered to read:
/ SECTION __. Section 46-25-810 of the 1976 Code, as last amended by Act 388 of 1992, is further amended to read:
"Section 46-25-810. For the purpose of carrying out the provisions of this chapter, all registrants or guarantors who distribute or sell any commercial fertilizer in South Carolina shall pay to the State Treasurer division an inspection tax of twenty-five cents for each ton of commercial fertilizer sold. A report of tonnage shall be is due and the inspection tax payable monthly on the fifteenth day of the following month covering tonnage of commercial fertilizer sold during the preceding month by the registrant or guarantor transacting, distributing, or selling to a nonregistrant. If the tonnage report is not filed and the payment of inspection taxes is not made within fifteen days after the date due, a collection fee amounting to ten per cent of the amount due shall must be assessed against the guarantor, and the amount of fees due shall constitute constitutes a debt and become the basis of a judgment against the guarantor. If the tonnage report is not filed and the payment of the inspection tax and collection fee is not made within thirty days after the date due, or if the report be false, fifteen days after due written notice and opportunity for hearing have been given, the commission may cancel the registration of commercial fertilizer registered by the delinquent guarantor."
SECTION __. Section 59-119-130 of the 1976 Code is repealed. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. KOON explained the amendment.
Rep. HAMILTON made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 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.
Rep. COBB-HUNTER made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
S. 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.
Rep. TRIPP made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 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.
Rep. TOWNSEND explained the Bill.
Rep. J. BROWN made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
On motion of Rep. CHELLIS, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Education and Public Works:
S. 834 (Word version) -- Senators Kuhn, Ford and Peeler: A JOINT RESOLUTION TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF EDUCATION IN THE 2002-2003 SCHOOL YEAR TO ASSIST INTERESTED SCHOOLS IN IMPLEMENTING STRUCTURED ACADEMIC MENTORING PROGRAMS, DESIGNED TO IMPROVE STUDENT PERFORMANCE AND TO ASSIST THESE SCHOOLS IN DEVELOPING STRUCTURED ACADEMIC MENTORING PROGRAMS THAT MEET THE CRITERIA NECESSARY TO QUALIFY FOR READING FIRST FUNDS ESTABLISHED UNDER THE NO CHILD LEFT BEHIND ACT OF 2001 OR ANY OTHER RESOURCES THAT MAY BE AVAILABLE.
Rep. LIMEHOUSE asked unanimous consent to recall H. 4829 from the Committee on Agriculture, Natural Resources and Environmental Affairs.
Rep. SHARPE objected.
Rep. LIMEHOUSE asked unanimous consent to recall H. 5089 from the Committee on Medical, Military, Public and Municipal Affairs.
Rep. J. BROWN objected.
The Senate amendments to the following Bill were taken up for consideration:
H. 4680 (Word version) -- Reps. Talley and Lourie: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 91 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL ISSUE SOUTH CAROLINA TECHNOLOGY ALLIANCE SPECIAL LICENSE PLATES, AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FOR THIS SPECIAL LICENSE PLATE.
Rep. STUART made the Point of Order that the Senate Amendments were improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The Senate amendments to the following Bill were taken up for consideration:
H. 3678 (Word version) -- Reps. Rice and Whipper: A BILL TO AMEND SECTION 56-3-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GRACE PERIOD FOR REGISTERING A MOTOR VEHICLE, SO AS TO PROVIDE THAT A MOTOR VEHICLE DEALER MUST ISSUE A TEMPORARY LICENSE PLATE TO CERTAIN PURCHASERS OF NEW OR USED MOTOR VEHICLES, TO PROVIDE A DESCRIPTION OF THE TEMPORARY LICENSE PLATE AND ITS CONTENTS, TO PROVIDE THAT CERTAIN PERSONS WHO OBTAIN MOTOR VEHICLES FROM A PERSON OTHER THAN A DEALER MUST SUBMIT AN APPLICATION TO THE DEPARTMENT OF PUBLIC SAFETY FOR AN INTERIM LICENSE PLATE AND REGISTRATION CARD, TO PROVIDE A DESCRIPTION OF THE INTERIM LICENSE PLATE AND ITS CONTENTS, TO PROVIDE A PENALTY FOR A VIOLATION OF THIS PROVISION; AND TO REPEAL SECTION 56-3-220, RELATING TO THE ATTACHMENT AND DISPLAY OF DEALER "SOLD" CARDS.
Reps. RICE and STUART proposed the following Amendment No. 1A (Doc Name COUNCIL\GGS\AMEND\22510CM02), which was adopted:
Amend the bill, as and if amended, SECTION 3, page 4, by inserting after the / . / on line 15.
/ Section 56-3-210(D) as contained in SECTION 1 takes effect upon approval by the Governor. /
Amend title to conform.
Rep. RICE explained the amendment.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.
The Senate amendments to the following Bill were taken up for consideration:
H. 4728 (Word version) -- Reps. Owens, Knotts, Whatley, G. M. Smith, W. D. Smith, Allison, Bales, Barfield, Barrett, Coates, Coleman, Delleney, Frye, Gilham, Harrison, Huggins, Kelley, Koon, Limehouse, Littlejohn, Lourie, Lucas, Martin, McGee, Quinn, McLeod, Rivers, Robinson, Rutherford, Sandifer, Scarborough, Sinclair, D. C. Smith, J. E. Smith, J. R. Smith, Talley, Thompson, Walker, Weeks, White and A. Young: A BILL TO AMEND SECTION 24-13-470, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL THROWING OF BODY FLUIDS ON AN EMPLOYEE OF A STATE OR LOCAL CORRECTIONAL FACILITY BY AN INMATE, AND THE PENALTIES IMPOSED UPON A PERSON WHO VIOLATES THE PROVISIONS CONTAINED IN THIS SECTION, SO AS TO PROVIDE THAT IN ADDITION TO AN INMATE, THIS PROVISION ALSO APPLIES TO A DETAINEE, A PERSON TAKEN INTO CUSTODY, OR A PERSON UNDER ARREST WHO THROWS CERTAIN BODY FLUIDS ON AN EMPLOYEE OF A STATE OR LOCAL CORRECTIONAL FACILITY, OR A STATE OR LOCAL LAW ENFORCEMENT OFFICER.
Rep. HARRISON explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration:
H. 4598 (Word version) -- Reps. Campsen, Lourie and Scott: A BILL TO AMEND SECTION 62-7-302, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM PRUDENT INVESTOR ACT, SO AS TO PROVIDE THAT INVESTMENTS IN MUTUAL FUNDS SPONSORED BY AFFILIATED ORGANIZATIONS ARE ALLOWED BY THE PRUDENT INVESTOR RULE IF THE INVESTMENTS MEET THE CRITERIA OF THE RULE.
Rep. CAMPSEN explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration:
H. 3706 (Word version) -- Reps. Loftis, Knotts, Simrill, Whatley, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Bingham, Bowers, J. Brown, Campsen, Cato, Chellis, Coates, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Frye, Gilham, Hamilton, Harrell, Harrison, Haskins, Hinson, Huggins, Keegan, Kelley, Kirsh, Klauber, Koon, Law, Leach, Limehouse, Littlejohn, Lucas, Martin, McCraw, McGee, Meacham-Richardson, Merrill, Miller, J. M. Neal, Owens, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scarborough, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, White, Witherspoon, A. Young and J. Young: A BILL TO AMEND SECTIONS 1-23-110 AND 1-23-120, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE REQUIREMENTS, NOTICE CONTENTS, AND INFORMATION TO BE PROVIDED TO THE GENERAL ASSEMBLY IN CONNECTION WITH THE PROMULGATION AND REVIEW OF REGULATIONS, SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROVIDE THE SCIENTIFIC OR TECHNICAL BASIS AND STUDIES USED IN DEVELOPING THE REGULATIONS, INCLUDING A SUMMARY OF THESE STUDIES, COPIES OF WHICH ALSO MUST BE AVAILABLE TO THE PUBLIC.
Rep. WITHERSPOON made the Point of Order that the Senate Amendments were improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The Senate amendments to the following Bill were taken up for consideration:
S. 204 (Word version) -- Senators Hawkins and Richardson: A BILL TO AMEND TITLE 30, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2, SO AS TO CREATE THE "FAMILY PRIVACY PROTECTION ACT OF 2001" TO ESTABLISH STATE POLICY REGARDING THE USE AND DISSEMINATION OF PERSONAL INFORMATION; TO DEFINE CERTAIN TERMS; TO ESTABLISH CERTAIN DISCLOSURE AND NOTIFICATION REQUIREMENTS; TO PROHIBIT A PUBLIC BODY FROM SELLING, PROVIDING ACCESS TO, OR FURNISHING TO A PRIVATE PERSON OR ENTITY A PUBLIC RECORD FOR USE BY THAT PRIVATE PERSON OR ENTITY FOR COMMERCIAL SOLICITATION WHICH IS DIRECTED TO A RESIDENT OF THIS STATE; AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS OF THESE PROVISIONS.
Rep. HARRISON explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration:
H. 4652 (Word version) -- Reps. Lourie, Bales, Harrison, J. E. Smith, Hosey, J. H. Neal, Bingham, Talley, Thompson, Howard, Sheheen and Townsend: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 91 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL ISSUE UNITED WE STAND SPECIAL LICENSE PLATES, AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FOR THIS SPECIAL LICENSE PLATE.
Rep. LITTLEJOHN proposed the following Amendment No. 1A (Doc Name COUNCIL\GGS\AMEND\22511CM02), which was adopted:
Amend the bill, as and if amended, by striking SECTION 2 and inserting:
/ SECTION 2. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-9200. (A) The department may issue 'In God We Trust' special motor vehicle license plates to owners of private passenger-carrying motor vehicles registered in their names. The fee for each special license plate is the regular motor vehicle license fee set forth in Article 5. Each special license plate must be of the same size and general design of regular motor vehicle license plates. Each special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month the special license plate is issued.
(B) Before the department produces and distributes the 'In God We Trust' special license plates pursuant to this section, it must receive:
(1) four hundred or more prepaid applications for the special license plate or a deposit of four thousand dollars from the individual or organization seeking issuance of the license plate. If a deposit of four thousand dollars is made by an individual or organization pursuant to this section, the department shall refund the four thousand dollars once an equivalent amount of license plate fees is collected for that organization's license plate. If the equivalent amount is not collected within four years of the first issuance of the respective license plate, the department shall retain the deposit;
(2) a plan to market the sale of these special license plates which must be approved by the department.
(C) If the department receives less than three hundred biennial applications and renewals for a particular special license plate, it may not produce additional special license plates in that series. The department shall continue to issue special license plates of that series until the existing inventory is exhausted." /
Amend title to conform.
Rep. LITTLEJOHN explained the amendment.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.
The following Concurrent Resolution was taken up:
H. 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.
Whereas, Clarence W. Floyd was Deputy Sheriff in Jasper County from 1933-1936 and was appointed sheriff by the Governor of South Carolina to serve the unexpired term of the late Sheriff Drew; and
Whereas, he was elected Sheriff of Jasper County in 1946 and served the county and this State with honor and distinction continuously until he was killed in the line of duty January 18, 1962. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly request the South Carolina Department of Transportation to name that portion of State Highway 336 in Jasper County as the "Clarence W. Floyd Memorial Highway" in memory of the former Sheriff 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.
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.
The Concurrent Resolution was adopted and sent to the Senate.
The motion period was dispensed with on motion of Rep. CAMPSEN.
The SPEAKER granted Rep. LOFTIS a temporary leave of absence.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill:
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.
Rep. TRIPP proposed the following Amendment No. 4 (Doc Name COUNCIL\NBD\AMEND\11622AC02), 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 every two years." /
Renumber sections to conform.
Amend totals and title to conform.
Rep. TRIPP explained the amendment.
The amendment was then rejected by a division vote of 24 to 53.
The motion of Rep. G. BROWN to reconsider the vote whereby Amendment No. 1 was rejected was taken up and agreed to by a division vote of 42 to 38.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\AMEND\ 22438CM02):
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. TRIPP moved to table the Bill.
Rep. FLEMING demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Allison Breeland Brown, G. Campsen Carnell Cato Chellis Clyburn Cobb-Hunter Coleman Dantzler Davenport Delleney Easterday Freeman Gourdine Govan Hamilton Hines, J. Hines, M. Hinson Hosey Howard Kennedy Kirsh Klauber Law Leach Lee Limehouse Lucas Mack McCraw McLeod Meacham-Richardson Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Owens Parks Perry Phillips Rice Rutherford Scarborough Sheheen Simrill Sinclair Smith, F.N. Smith, G.M. Talley Taylor Tripp Vaughn Walker Weeks Whatley Whipper Wilder Young, A. Young, J.
Those who voted in the negative are:
Bales Barfield Battle Bingham Bowers Brown, J. Brown, R. Coates Cooper Cotty Edge Fleming Frye Gilham Harrison Haskins Huggins Jennings Keegan Kelley Knotts Koon Lloyd Lourie Martin Ott Quinn Rhoad Riser Rodgers Sandifer Scott Smith, D.C. Smith, J.E. Smith, J.R. Snow Stille Stuart Thompson Townsend Webb White Wilkins Witherspoon
So, the Bill was tabled.
The following Joint Resolution was taken up:
H. 4469 (Word version) -- Reps. Klauber and Taylor: A JOINT RESOLUTION TO PROVIDE THAT LOCAL SCHOOL BOARDS FOR SCHOOL YEAR 2001-2002 MAY EXCUSE UP TO THREE SCHOOL DAYS MISSED BECAUSE OF SNOW, ICE, OR INCLEMENT WEATHER, TO PROVIDE THAT ALL OTHER SCHOOL DAYS MISSED BECAUSE OF INCLEMENT WEATHER MUST BE MADE UP, AND TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH SUCH DAYS SHALL BE MADE UP.
Rep. TOWNSEND moved to table the Joint Resolution, which was agreed to.
Rep. CATO moved to adjourn debate upon the following Bill until Tuesday, April 23, which was adopted:
H. 4096 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 38-1-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN TITLE 38 PERTAINING TO INSURANCE, SO AS TO ADD AND REDEFINE CERTAIN DEFINITIONS TO COMPLY, CONFORM, AND BE CONSISTENT WITH THE AMENDMENT TO CHAPTER 43 OF TITLE 38 IN THIS ACT; TO AMEND CHAPTER 43, TITLE 38, RELATING TO INSURANCE AGENTS AND AGENCIES, SO AS TO, AMONG OTHER THINGS, ESTABLISH A UNIFORM STANDARD FOR PERFORMING THE DUTIES OF A PRODUCER, PROVIDE UNIFORM EXCEPTIONS TO LICENSURE AMONG STATES FOR INDIVIDUALS NOT LICENSED AS INSURANCE PRODUCERS, CLARIFY THE REQUIREMENT FOR AGENCY LICENSURE, REMOVE THE REQUIREMENT THAT AN INSURER LICENSE AN AGENT AND INSTEAD REQUIRE AN INSURER APPOINT A LICENSED AGENT, ESTABLISH STANDARD NOTIFICATION REQUIREMENTS FOR INSURERS AND PRODUCERS WHEN A PRODUCER'S CONTRACT IS CANCELED, PROVIDE IMMUNITY AND CONFIDENTIALITY FOR THESE NOTIFICATIONS, ESTABLISH NONRESIDENT LICENSING STANDARDS FOR PRODUCERS AMONG STATES, ESTABLISH INSURANCE LINES OF AUTHORITY A PRODUCER MAY BE LICENSED FOR IN THE STATE, ESTABLISH FEE STANDARDS FOR LICENSURE AND APPOINTMENT OF AN INSURANCE PRODUCER, ESTABLISH REQUIREMENTS FOR APPLICATION FOR A PRODUCER LICENSE, ESTABLISH A UNIFORM STANDARD FOR NONRESIDENT PRODUCER'S EXEMPTION FROM PRE-LICENSING EDUCATION AND EXAMINATION REQUIREMENTS, PROVIDE UNIFORM STANDARDS FOR ISSUANCE OF A TEMPORARY PRODUCER LICENSE, REQUIRE PRODUCER PRE-LICENSING EDUCATION COURSES TO BE REVIEWED BY THE CONTINUING EDUCATION ADVISORY COMMITTEE, ESTABLISH AN ADDITIONAL EXEMPTION FROM PRODUCER CONTINUING EDUCATION REQUIREMENTS, ADD A REINSTATEMENT PROVISION FOR A PRODUCER'S FAILURE TO COMPLY WITH LICENSING REQUIREMENTS, PROVIDE ADDITIONAL OFFENSES FOR WHICH DISCIPLINARY ACTION MAY BE WARRANTED, AND ESTABLISH REPORTING REQUIREMENTS FOR PRODUCERS AGAINST WHOM ADMINISTRATIVE ACTION OR CRIMINAL PROSECUTION HAS BEEN TAKEN.
Rep. WHATLEY moved to reconsider the vote whereby H. 3592 was tabled and the motion was noted.
The following Bill was taken up:
H. 4956 (Word version) -- Reps. Cato, Wilkins, W. D. Smith, Harrison, Harrell, Law, Lee, Riser, G. Brown, White, Talley, Battle, Kelley, Altman, Simrill, Scarborough, Phillips, Tripp, Trotter, Barrett, Dantzler, Bales, J. E. Smith, Lourie, Chellis, Leach, Kirsh, Taylor, Wilder, Barfield, Edge, Hinson, Jennings and Owens: A BILL TO AMEND CHAPTER 9, TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TELEPHONE AND TELEGRAPH COMPANIES, BY ADDING ARTICLE 23 SO AS TO PROVIDE FOR THE MANNER IN WHICH GOVERNMENT-OWNED TELECOMMUNICATIONS SERVICE PROVIDERS SHALL BE REGULATED AND TAXED, AND TO PROVIDE FOR OTHER PROVISIONS RELATING TO THE OPERATIONS OF THESE GOVERNMENT-OWNED TELECOMMUNICATIONS SERVICE PROVIDERS; BY ADDING SECTION 15-78-65 SO AS TO PROVIDE THAT A GOVERNMENTAL ENTITY HAS NO WAIVER OF IMMUNITY FOR A LOSS RESULTING FROM THE PROVIDING OF TELECOMMUNICATIONS SERVICE BY A GOVERNMENT-OWNED TELECOMMUNICATIONS SERVICE PROVIDER UNDER ITS AUTHORITY; AND TO AMEND SECTION 58-5-30, RELATING TO THE EXEMPTION OF MUNICIPAL UTILITIES FROM REGULATIONS BY THE PUBLIC SERVICE COMMISSION, SO AS TO FURTHER PROVIDE FOR EXCEPTIONS TO THIS EXEMPTION.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\AMEND\ 21235SD02):
Amend the bill, as and if amended, by striking Section 58-9-2600 of the 1976 Code, as contained in SECTION 1, and inserting:
/ Section 58-9-2600. This article regulates the provision of telecommunications service by an agency or entity of the State or a political subdivision of this State to the extent that state constitutional or statutory provisions of law authorize this activity.
Except for the Public Service Commission in regard to its duties and responsibilities under this article, nothing in this article shall be construed to recognize, broaden, or enlarge the authority or legal capacity of any agency or entity of the State or a political subdivision of this State to engage in such activity. /
Amend further, as and if amended, by striking item (1) of Section 58-9-2610 as contained in SECTION 1 and inserting:
/(1) 'Government owned telecommunications service provider' means a state or local political subdivision or person or entity that either: (a) provides telecommunications service to the public for hire over a facility, operation, or system that is directly or indirectly owned by or operated by an agency or entity of the State or any local government, or (b) leases or rents to any person or entity a telecommunications transmission facility owned by an agency or entity of the State or any local government. /
Amend further, as and if amended, in Section 58-9-2620(A)(3) of the 1976 Code, as contained in SECTION 1, by inserting after / other / on line 34, page 2, /nontelecommunications /. When amended item (3) shall read:
"(3) not be permitted to subsidize the cost of providing telecommunications service with funds from any other nontelecommunications service, operation, or other revenue source. If a determination is made that a direct or indirect subsidy has occurred, the government-owned telecommunications service provider immediately shall increase prices for telecommunications service in a manner that ensures that the subsidy shall not continue, and any amounts used directly or indirectly to subsidize the past operations shall be reimbursed to the general treasury of the appropriate state or local government; "
Amend the bill, as and if amended, in Section 58-9-2620 of the 1976 Code, as contained in SECTION 1, by striking subsection (B) which begins on line 34, page 3, in its entirety.
Amend further, as and if amended, in Section 15-78-65 of the 1976 Code, as contained in SECTION 2, by striking /waiver of/ on line 34, page 4. When amended Section 15-78-65 shall read:
"Section 15-78-65. A governmental entity has no immunity for a loss resulting from the providing of telecommunications service by a government-owned telecommunications service provider under its authority as defined in Article 23, Chapter 9 of Title 58."
Amend further, as and if amended, in SECTION 1 by adding a new Section 58-9-2650 immediately after Section 58-9-2640 on page 4 to read:
/Section 58-9-2650. Notwithstanding any other provision of law, including the provisions of Section 15-78-140 of the 1976 Code, in order to have government-owned and nongovernment-owned telecommunications service providers in the same competitive position to the extent possible when providing these services, government-owned telecommunications service providers must procure any tort or liability insurance coverages in regard to telecommunications services they provide from nongovernmental sources. /
Amend further, as and if amended, by adding a new SECTION to be appropriately numbered to read:
/SECTION ____. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, the holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. SANDIFER explained the amendment.
Rep. PHILLIPS 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 Amendment No. 1, Rep. SANDIFER having the floor.
The following was introduced:
H. 5157 (Word version) -- Reps. White, Cooper, Martin, Stille, Thompson and Townsend: A HOUSE RESOLUTION TO COMMEND MR. CLARENCE ALLEN II OF ANDERSON COUNTY FOR HIS OUTSTANDING ACTS OF BRAVERY IN SAVING THE LIVES OF TWO MEN FACING THE HORROR OF DROWNING IN THE ICY WATERS OF LAKE HARTWELL.
The Resolution was adopted.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 5158 (Word version) -- Rep. Cobb-Hunter: A BILL TO AMEND THE PREAMBLE TO SECTION 110, PART II, ACT 164 OF 1993, RELATING TO MINORITY POPULATION OF SOUTH CAROLINA, SO AS TO INCLUDE CERTAIN INFORMATION RELATING TO HISPANICS, NATIVE AMERICANS, ASIANS, AND OTHER MINORITY GROUPS WITHIN THE PREAMBLE; AND TO AMEND SECTION 1-31-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE STATE COMMISSION FOR MINORITY AFFAIRS, SO AS TO INCLUDE AFRICAN-AMERICANS, NATIVE AMERICANS, HISPANICS, ASIANS, AND OTHERS WITHIN THE MINORITY COMMUNITY AND TO FURTHER PRESCRIBE CERTAIN POWERS AND DUTIES OF THE STATE COMMISSION FOR MINORITY AFFAIRS RELATING TO RECOGNITION OF NATIVE AMERICAN ENTITIES, ESTABLISHING CERTAIN ADVISORY COMMITTEES, AND SEEKING FUNDING FOR IMPLEMENTING PROGRAMS AND SERVICES FOR AFRICAN-AMERICANS, NATIVE AMERICANS, HISPANICS, LATINOS, AND OTHER MINORITY GROUPS.
Referred to Committee on Judiciary
H. 5159 (Word version) -- Reps. Limehouse, Campsen, Miller, Scarborough and Tripp: A BILL TO AMEND SECTION 50-5-1705, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALTWATER GAMEFISH CATCH LIMITS, SO AS TO GIVE THE BOARD OF THE DEPARTMENT OF NATURAL RESOURCES AUTHORITY TO ADJUST CATCH LIMITS WITHIN STATUTORILY APPROVED RANGES FOR CERTAIN SPECIES OF SALTWATER GAMEFISH, AND TO AMEND SECTION 50-5-1710, AS AMENDED, RELATING TO SALTWATER GAMEFISH SIZE LIMITS, SO AS TO GIVE THE BOARD OF THE DEPARTMENT OF NATURAL RESOURCES AUTHORITY TO ADJUST SIZE LIMITS WITHIN STATUTORILY APPROVED RANGES FOR CERTAIN SPECIES OF SALTWATER GAMEFISH.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 5160 (Word version) -- Reps. Phillips, McCraw and Littlejohn: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON APRIL 12, 2002, BY THE STUDENTS OF GRANARD MIDDLE SCHOOL IN THE CHEROKEE COUNTY SCHOOL DISTRICT WHEN THE SCHOOL WAS CLOSED DUE TO FIRE 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.
On motion of Rep. PHILLIPS, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
H. 5161 (Word version) -- Reps. Limehouse, Campsen, Davenport, Scarborough, Thompson and Witherspoon: A BILL TO AMEND SECTION 16-15-405, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SECOND DEGREE SEXUAL EXPLOITATION OF A MINOR, SO AS TO REVISE THE PENALTY.
Referred to Committee on Judiciary
On motion of Rep. CARNELL, with unanimous consent, the following was taken up for immediate consideration:
H. 5162 (Word version) -- Reps. Carnell, Wilder, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, 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, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO DESIGNATE THE MONTH OF MAY, 2002, AS MENTAL HEALTH MONTH IN SOUTH CAROLINA AND TO RAISE COMMUNITY AWARENESS AND UNDERSTANDING OF MENTAL ILLNESS AND THE NEED FOR APPROPRIATE AND ACCESSIBLE SERVICES FOR ALL PEOPLE WITH MENTAL ILLNESS.
Whereas, the members of the General Assembly call upon all citizens, government agencies, public and private institutions, businesses, and schools in South Carolina to increase our State's understanding and acceptance of mental illnesses; and
Whereas, mental health is critical for the well-being and vitality of our families, businesses, and communities; and
Whereas, mental illness will strike one in five Americans in a given year regardless of age, gender, race, ethnicity, religion, or economic status; and
Whereas, one in five children suffers from a diagnosable mental or emotional disorder, and one in ten has a serious disorder which, if untreated, can lead to school failure, addiction, and even suicide; and
Whereas, mental disorders, collectively, make mental illness the most prevalent health problem in America today. It is more common than cancer and lung and heart disease combined; and
Whereas, the South Carolina Department of Mental Health observes Mental Health Month each year in May to raise awareness of mental health, mental illness, and insurance discrimination against people with mental illnesses; and
Whereas, the General Assembly commends the South Carolina Department of Mental Health for its difficult task of educating the public about the often misunderstood issue of mental illness. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, designate the month of May, 2002, as Mental Health Month in South Carolina and raise community awareness and understanding of mental illness and the need for appropriate and accessible services for all people with mental illness.
Be it further resolved that a copy of this resolution be forwarded to the South Carolina Department of Mental Health.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
Rep. J. R. SMITH moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 5122 (Word version) -- Reps. Allison and Leach: A CONCURRENT RESOLUTION CONGRATULATING JERRY HIGHTOWER OF SPARTANBURG COUNTY ON BEING CHOSEN FOR THE "SOUTH CAROLINA ENTREPRENEUR OF EXCELLENCE AWARD" BY THE SOUTH CAROLINA CHAMBER OF COMMERCE.
H. 5124 (Word version) -- Reps. J. Brown, M. Hines, Breeland, Clyburn, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, G. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, 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, 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, Wilkins, Witherspoon, A. Young and J. Young: A HOUSE RESOLUTION TO CONGRATULATE THE ALLEN UNIVERSITY CLASS OF 1952 ON THE OCCASION OF ITS FIFTIETH ANNIVERSARY THIS YEAR AND TO COMMEND THE CLASS OF 1952 ON ITS MANY ACCOMPLISHMENTS IN A WIDE RANGE OF ACTIVITIES AND ENDEAVORS.
H. 5126 (Word version) -- Rep. W. D. Smith: A CONCURRENT RESOLUTION TO RECOGNIZE, COMMEND, HONOR, AND EXPRESS THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO COACH DOUG LOWE, HEAD BASKETBALL COACH OF SPARTANBURG HIGH SCHOOL "VIKINGS" BOYS BASKETBALL TEAM, FOR HIS OUTSTANDING COACHING ABILITIES AND GUIDANCE IN LEADING THE "VIKINGS" TO THE 2001-2002 CLASS AAAA STATE BASKETBALL CHAMPIONSHIP.
H. 5127 (Word version) -- Reps. W. D. Smith, Sinclair, Littlejohn, Talley and Lee: A CONCURRENT RESOLUTION TO EXPRESS THE SINCERE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE SPARTANBURG HIGH SCHOOL "VIKINGS" BOYS BASKETBALL TEAM AND THEIR COACHES FOR AN EXCEPTIONAL SEASON AND ON WINNING THE 2001-2002 CLASS AAAA STATE BASKETBALL CHAMPIONSHIP.
H. 5128 (Word version) -- Rep. Huggins: A CONCURRENT RESOLUTION TO COMMEND THE CHAPIN HIGH SCHOOL SAT TEAM - 2002 FOR ITS HARD WORK, PREPARATION, AND DETERMINATION AND TO CONGRATULATE THE TEAM MEMBERS AND COACHES FOR THEIR REMARKABLE PERFORMANCE IN THE FINAL ROUND OF COMPETITION BY WINNING THE 2002 CLASS AA SAT STATE CHAMPIONSHIP.
H. 5130 (Word version) -- Reps. G. Brown, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, 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, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO OUR DEAR FRIEND, JOE PINNER OF RICHLAND COUNTY, FOR HIS MANY REMARKABLE DEEDS OF PUBLIC SERVICE TO THE PALMETTO STATE AND TO RECOGNIZE HIM FOR HIS OUTSTANDING CONTRIBUTIONS AS AN ADVOCATE FOR HUMANITY.
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.
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.
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.
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.
At 12:05 p.m. the House, in accordance with the motion of Rep. MEACHAM-RICHARDSON, adjourned in memory of Palmer Freeman, Sr., to meet at 10:00 a.m. tomorrow.
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