Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Dr. Whaley 'Bill' Barton, Jr. as follows:
Dear God, You are our refuge and strength, a very present help in trouble. While we often wear a smile we all have times of trouble and heartache. Forgive us for thinking we do not need You, Father. Help us to find our strength in You, dear Father. Teach us to trust You and have faith in You, dear God. Then teach us to help one another. For we pray in the name of our Lord. 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. THOMPSON moved that when the House adjourns, it adjourn in memory of Essie Nalley of Anderson, which was agreed to.
The following was received:
May 2, 2002
The Honorable David H. Wilkins
Speaker
South Carolina House of Representatives
Post Office Box 11867
Columbia, SC 29211
Dear Speaker Wilkins:
While I have thoroughly enjoyed serving with you and the other fine and outstanding members of the South Carolina House of Representatives, I must offer this letter as my resignation from the House effective Tuesday, May 7, 2002, at 12:00, due to my election to the South Carolina Senate.
During my tenure in the House, I have made many friends and appreciate your leadership and guidance through the years. I look forward to working with you as a member of the Senate.
Sincerely,
John M. "Jake" Knotts, Jr.
Received as information.
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:
S. 968 (Word version) -- Senator Leatherman: A JOINT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO EXPEND UP TO $1,207,749 OF THE FUNDS MADE AVAILABLE TO THE STATE UNDER SECTION 903 OF THE SOCIAL SECURITY ACT FOR THE PURPOSE OF ACQUIRING OPERATING SOFTWARE AND INFORMATION TECHNOLOGY EQUIPMENT TO BE USED FOR PROCESSING INCREASED WORKLOADS RELATED TO UNEMPLOYMENT CLAIMS AND EMPLOYER ACCOUNTS.
Ordered for consideration tomorrow.
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:
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.
Ordered for consideration tomorrow.
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:
S. 131 (Word version) -- Senators Leatherman and Drummond: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 16, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO BENEFITS AND FUNDING OF PUBLIC EMPLOYEE PENSION PLANS IN THIS STATE AND INVESTMENTS ALLOWED FOR FUNDS OF THE VARIOUS STATE-OPERATED RETIREMENT SYSTEMS, SO AS TO DELETE THE RESTRICTIONS LIMITING SUCH INVESTMENTS TO AMERICAN-BASED CORPORATIONS REGISTERED ON AN AMERICAN NATIONAL EXCHANGE AS PROVIDED IN THE SECURITIES EXCHANGE ACT OF 1934 OR QUOTED THROUGH THE NATIONAL ASSOCIATION OF SECURITIES DEALERS AUTOMATIC QUOTATION SYSTEM.
Ordered for consideration tomorrow.
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:
S. 926 (Word version) -- Senators Ritchie, Ford, Hutto, Drummond, Matthews, Reese, Martin, Moore, Setzler, Fair and Holland: A JOINT RESOLUTION TO ALLOW THE SOUTH CAROLINA STATE PORTS AUTHORITY TO BEGIN THE PERMITTING PROCESS AS WELL AS THE ENVIRONMENTAL IMPACT STUDY FOR PORT EXPANSION ON DANIEL ISLAND, COOPER RIVER SIDE, TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION, THE PUBLIC RAILWAY DIVISION OF THE DEPARTMENT OF COMMERCE, AND THE STATE INFRASTRUCTURE BANK TO EXPLORE ALL POTENTIAL OPPORTUNITIES, FEDERAL RESOURCES FOR INFRASTRUCTURE IMPROVEMENTS FOR PORT EXPANSION, AND TO DIRECT THE STATE BUDGET AND CONTROL BOARD TO TAKE STEPS TO PROVIDE INDEMNIFICATION FOR BOARD MEMBERS RELATING TO THEIR SERVICE ON THE BOARD.
Ordered for consideration tomorrow.
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:
S. 852 (Word version) -- Senators Leatherman, Martin and Giese: A BILL TO AMEND SECTION 12-44-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE FEE IN LIEU OF TAX SIMPLIFICATION ACT, SO AS TO INCREASE THE EXTENSION ALLOWED IN THE INVESTMENT PERIOD FROM TWO TO FIVE YEARS; AND TO AMEND SECTION 12-44-90, RELATING TO THE FILING REQUIREMENTS UNDER THE FEE IN LIEU OF TAX SIMPLIFICATION ACT, SO AS TO ALLOW THE DEPARTMENT OF REVENUE TO GRANT A MAXIMUM SIXTY-DAY EXTENSION FOR FILING RETURNS AND TO PROVIDE THE REQUIREMENTS TO OBTAIN THE EXTENSION.
Ordered for consideration tomorrow.
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:
S. 887 (Word version) -- Senators Hayes, Ryberg, Gregory, Hutto, Matthews, Short and Moore: A BILL TO AMEND SECTIONS 4-10-320, 4-10-330, AND 4-10-340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION CREATED BY THE GOVERNING BODY OF A COUNTY FOR THE IMPLEMENTATION OF THE CAPITAL PROJECTS SALES TAX ACT, THE REFERENDUM REQUIRED BEFORE THE TAX MAY BE IMPOSED, AND THE DATE THE TAX IS IMPOSED AND TERMINATES, SO AS TO PROVIDE THAT THE COMMISSION SHALL RECOMMEND THE WORDING OF THE REFERENDUM QUESTION TO THE GOVERNING BODY OF THE COUNTY WHICH MAY ALTER THIS RECOMMENDED WORDING ONLY BY A TWO-THIRDS VOTE AND PROVIDE WHAT CONSTITUTES A TWO-THIRDS VOTE, TO PROVIDE FOR A REVISED DATE FOR THE REFERENDUM IN CASES OF A SUBSEQUENT IMPOSITION OF THE TAX AND DELETE OBSOLETE LANGUAGE, TO PROVIDE FOR THE CONTINUATION OF THE TAX WITHOUT INTERRUPTION IN A SUBSEQUENT IMPOSITION, AND TO REVISE THE FACTORS FOR DETERMINING THE TERMINATION OF THE TAX.
Ordered for consideration tomorrow.
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:
H. 4955 (Word version) -- Rep. Quinn: A BILL TO AMEND SECTIONS 44-7-2520 AND 44-7-2540, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO THE INFANTS AND TODDLERS WITH DISABILITIES ACT AND THE STATE INTERAGENCY COORDINATING COUNCIL ESTABLISHED TO ASSIST IN THE DEVELOPMENT OF AN INTERAGENCY SYSTEM TO PROVIDE SERVICES PURSUANT TO THIS ACT, SO AS TO CHANGE THE NAME OF THE COUNCIL TO THE "SOUTH CAROLINA INTERAGENCY COORDINATING COUNCIL"; TO AMEND SECTION 44-7-2560, RELATING TO INDIVIDUALIZED FAMILY SERVICE PLANS FOR INFANTS AND TODDLERS RECEIVING SERVICES UNDER THIS ACT, SO AS TO SPECIFY WHO IS COVERED BY THE PLAN, TO SPECIFY THAT THE PLAN MUST BE DEVELOPED WITHIN FORTY-FIVE DAYS AFTER REFERRAL, TO REQUIRE A NEW PLAN TO BE DEVELOPED ANNUALLY, AND TO REQUIRE THE PLAN TO BE REVIEWED WITH THE FAMILY EVERY SIX MONTHS; TO AMEND SECTION 44-7-2570, RELATING TO FUNDING OF THE SERVICES TO BE DELIVERED, SO AS TO PROVIDE THAT CERTAIN FEDERAL FUNDS, INCLUDING CERTAIN MEDICAID FUNDING, MUST BE USED TO PROVIDE SERVICES AND TO REQUIRE LOCAL AND STATE FUNDS FOR EARLY INTERVENTION SERVICES TO BE AT LEAST EQUAL TO FUNDS EXPENDED IN THE MOST RECENT PRECEDING FISCAL YEAR; TO AMEND SECTION 44-7-2600, RELATING TO REPORTS ON THE STATUS OF THE SYSTEM TO BE PROVIDED ANNUALLY TO THE JOINT LEGISLATIVE COMMITTEE ON CHILDREN, SO AS TO PROVIDE THAT THESE REPORTS INSTEAD MUST BE SUBMITTED TO THE GOVERNOR AND TO THE HEALTH AND EDUCATION COMMITTEES IN THE HOUSE OF REPRESENTATIVES AND THE SENATE; AND TO AMEND SECTION 44-7-2610, RELATING TO THE ESTABLISHMENT OF LOCAL INTERAGENCY COORDINATING COUNCILS, SO AS TO REQUIRE THE ESTABLISHMENT OF MULTICOUNTY COORDINATION TEAMS AND TO PROVIDE FOR THEIR PURPOSE AND MEMBERSHIP.
Ordered for consideration tomorrow.
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:
H. 4859 (Word version) -- Rep. Sharpe: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXTEND TO APIARY PRODUCTS THE EXEMPTION FOR FARM, GROVE, VINEYARD, AND GARDEN PRODUCTS SOLD IN THE ORIGINAL STATE OF PRODUCTION BY THE PRODUCER OR THE PRODUCER'S IMMEDIATE FAMILY.
Ordered for consideration tomorrow.
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:
S. 803 (Word version) -- Senators Elliott and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY AMENDING SECTION 61-6-1540, RELATING TO NON-ALCOHOLIC MERCHANDISE, SO AS TO PROVIDE THAT A RETAIL DEALER OF ALCOHOLIC BEVERAGES MAY SELL LOTTERY TICKETS ON HIS RETAIL PREMISES.
Ordered for consideration tomorrow.
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:
S. 1005 (Word version) -- Senators J. V. Smith, Ryberg, Ravenel, Peeler, Grooms, Thomas, Giese, Ritchie, Anderson, Branton, Courson, Alexander, Fair, Mescher, Martin, Hawkins, Hayes, Kuhn, Leatherman, O'Dell, Leventis, Bauer, Drummond, Elliott, Ford, Glover, Gregory, Holland, Hutto, Jackson, Land, Matthews, McConnell, McGill, Moore, Patterson, Pinckney, Rankin, Reese, Richardson, Saleeby, Setzler, Short, Verdin and Waldrep: A BILL TO AMEND SECTION 12-60-2510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX ASSESSMENT NOTICES ISSUED BY COUNTY ASSESSORS AND THE TIME ALLOWED FOR APPEALS OF THE VALUES PROVIDED IN THESE NOTICES, SO AS TO PROVIDE THAT A NOTICE OF OBJECTION TO A PROPOSED VALUE IN A PROPERTY TAX ASSESSMENT NOTICE MAY BE TIMELY FILED AT ANY TIME AND THIS NOTICE OF OBJECTION APPLIES FOR ALL OPEN PROPERTY TAX YEARS.
Ordered for consideration tomorrow.
Rep. ALTMAN, from the Charleston Delegation, submitted a favorable report on:
S. 680 (Word version) -- Senator Ravenel: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CHARLESTON COUNTY SCHOOL DISTRICT, THE GOVERNING BODY THEREOF, AND THE MANNER IN WHICH ITS MEMBERS ARE ELECTED, SO AS TO REVISE THE AREA FROM WHICH A MEMBER OF THE BOARD SHALL BE ELECTED IN 2002 AND TO PROVIDE THAT THE GENERAL ASSEMBLY IN 2002, AND EVERY TEN YEARS THEREAFTER BASED ON THE RESULTS OF THE DECENNIAL CENSUS SHALL ALSO PROVIDE BY LAW FOR FURTHER REAPPORTIONMENT OF THE NUMBER OF THE MEMBERS OF THE BOARD WHO MUST RESIDE IN SPECIFIED AREAS TO REFLECT POPULATION CHANGES SINCE THE LAST DECENNIAL CENSUS.
Ordered for consideration tomorrow.
On motion of Rep. HOSEY, with unanimous consent, the following was taken up for immediate consideration:
H. 5220 (Word version) -- Rep. Hosey: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE JEFFERSON DAVIS ACADEMY "LADY RAIDERS" GIRLS BASKETBALL TEAM, HEAD COACH ROBYNE JOYNER, AND OTHER SCHOOL OFFICIALS, ON A DATE AND AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON WINNING THE 2002 SCISA CLASS A STATE CHAMPIONSHIP.
Be it resolved by the House of Representatives:
That the privilege of the floor of the South Carolina House of Representatives is hereby extended to the Jefferson Davis Academy "Lady Raiders" Girls Basketball Team, Head Coach Robyne Joyner, and other school officials, on a date and at a time to be determined by the Speaker, for the purpose of being recognized and congratulated on winning the 2002 SCISA Class A State Championship.
The Resolution was adopted.
On motion of Rep. TALLEY, with unanimous consent, the following was taken up for immediate consideration:
H. 5221 (Word version) -- Rep. Talley: A HOUSE RESOLUTION TO PROCLAIM THE MONTHS OF MAY AND JUNE AS "RELAY FOR LIFE MONTHS" THROUGHOUT THE STATE OF SOUTH CAROLINA IN THE FIGHT AGAINST CANCER, TO URGE CITIZENS TO PARTICIPATE IN THE RELAY EVENTS HELD IN THEIR COMMUNITY, AND TO RECOGNIZE THE SPARTANBURG CHAPTER OF THE AMERICAN CANCER SOCIETY FOR THE EVENT IT WILL HOLD ON MAY 10-11, 2002, AT DORMAN HIGH SCHOOL TO JOIN THIS FIGHT.
Whereas, cancer is a group of diseases characterized by uncontrolled growth and spread of abnormal cells which, if not controlled, can result in death; and
Whereas, 19,500 new cases of cancer are estimated to occur in South Carolina in 2002, and approximately 8,400 South Carolinians are expected to die from cancer this year; and
Whereas, the American Cancer Society is a voluntary community-based health organization dedicated to eliminating cancer as a major health problem; and
Whereas, the Relay for Life is a "Celebration of Life" benefiting the American Cancer Society; and
Whereas, the Relay for Life is a community affair held throughout the State of South Carolina which presents an opportunity for citizens to put on walking shoes and join with business associates, family, and friends to fight cancer; and
Whereas, one such event will be held in the Spartanburg Community at Dorman High School on May 10-11, 2002, and the House of Representatives would like to recognize the local Spartanburg Chapter of the American Cancer Society for this wonderful effort, and encourage other local chapters to do the same. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives proclaim the months of May and June as "Relay for Life Months" throughout the State of South Carolina in the fight against cancer, urge citizens to participate in the relay events held in their community, and recognize the Spartanburg Chapter of the American Cancer Society for the event it will hold on May 10-11, 2002, at Dorman High School to join this fight.
Be it further resolved that a copy of this resolution be forwarded to the Spartanburg Chapter of the American Cancer Society.
The Resolution was adopted.
The following was introduced:
H. 5222 (Word version) -- Rep. Hosey: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE JEFFERSON DAVIS ACADEMY "LADY RAIDERS" GIRLS BASKETBALL TEAM AND HEAD COACH ROBYNE JOYNER ON WINNING THE 2002 SCISA CLASS A STATE CHAMPIONSHIP AND PROUDLY RECOGNIZE THAT THIS IS THE "LADY RAIDERS" FOURTH STRAIGHT STATE TITLE IN A ROW.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1254 (Word version) -- Senators Ravenel, Branton, Ford, Grooms, Kuhn, McConnell, Mescher and Pinckney: A CONCURRENT RESOLUTION TO STRONGLY ENCOURAGE JOHNSON & WALES UNIVERSITY TO RETAIN ITS CAMPUS IN CHARLESTON, SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1262 (Word version) -- Senator Pinckney: A CONCURRENT RESOLUTION TO PUBLICLY RECOGNIZE AND THANK MR. HARRY S. (JU JU) HUTSON, JR., OF HARDEEVILLE FOR HIS LEADERSHIP IN AND SERVICE TO HIS COMMUNITY, COUNTY, AND STATE OVER A PERIOD OF MANY YEARS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Joint Resolutions were introduced, read the first time, and referred to appropriate committee:
H. 5223 (Word version) -- Reps. Govan, Moody-Lawrence, Scott, Hosey, Kennedy, Clyburn, Lloyd, Chellis, Whipper, Sharpe, Meacham-Richardson, Jennings, Allen, Allison, Bales, Bingham, Breeland, G. Brown, J. Brown, Cato, Coleman, Emory, Freeman, Frye, Gourdine, Hamilton, Harrell, Harvin, Hayes, Leach, Lourie, Mack, McCraw, McLeod, Miller, J. M. Neal, Phillips, J. E. Smith, Snow, Stille, Stuart and Weeks: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE REQUIREMENT THAT A PERSON ELECTED OR APPOINTED TO ANY OFFICE IN THIS STATE MUST POSSESS THE QUALIFICATIONS OF AN ELECTOR, SO AS TO PROVIDE THAT THESE PROVISIONS DO NOT APPLY TO MEMBERS OF THE GOVERNING BODY OF ANY PUBLIC INSTITUTION OF HIGHER LEARNING OF THIS STATE, TO PROVIDE THAT THE GENERAL ASSEMBLY BY LAW MAY PROVIDE FOR LIMITATIONS ON THE NUMBER OF THESE NONRESIDENT PERSONS WHO MAY SERVE ON ANY PARTICULAR GOVERNING BODY, AND TO DELETE ARCHAIC LANGUAGE OF THE SECTION.
Referred to Committee on Education and Public Works
S. 1246 (Word version) -- Senator Moore: A JOINT RESOLUTION TO ESTABLISH A COMMITTEE TO STUDY REVISIONS IN THE MANNER IN WHICH THE IMPROVEMENT RATINGS OF SCHOOLS UNDER THE EDUCATION ACCOUNTABILITY ACT IS DETERMINED.
Referred to Committee on Education and Public Works
The roll call of the House of Representatives was taken resulting as follows:
Allen Allison Altman Bales Barfield Barrett Battle Bingham Bowers Breeland Brown, G. Brown, J. Brown, R. Campsen Carnell Cato Chellis Clyburn Coates Coleman Cooper Dantzler Davenport Delleney Easterday Edge Emory Fleming Freeman Frye Gilham Gourdine Govan Hamilton Harrell Harrison Haskins Hayes Hines, J. Hines, M. Hinson Huggins Jennings Keegan Kelley Kennedy Kirsh Klauber Knotts Koon Law Leach Lee Littlejohn Lloyd Loftis Lourie Mack Martin McCraw McGee McLeod Meacham-Richardson Merrill Miller Neal, J.M. Neilson Ott Owens Parks Perry Phillips Rhoad Rice Riser Rivers Rodgers Sandifer Scarborough Scott Sharpe Simrill Sinclair Smith, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Snow Stille Talley Taylor Thompson Townsend Tripp Vaughn Walker Webb Weeks Whatley Whipper White Wilder Wilkins Witherspoon Young, A. Young, J.
I came in after the roll call and was present for the Session on Thursday, May 2.
James Lucas Gilda Cobb-Hunter Bill Cotty Leon Howard H.B. "Chip" Limehouse Lonnie Hosey Vincent Sheheen Richard Quinn Todd Rutherford Bessie Moody-Lawrence Joseph Neal Alex Harvin
LEAVE OF ABSENCE
The SPEAKER granted Rep. STUART a leave of absence to attend a meeting in Texas.
Announcement was made that Dr. Bill Boulware of Florence is the Doctor of the Day for the General Assembly.
Rep. COATES and the Florence Delegation presented to the House the Timmonsville High School Girls Varsity Basketball Team, 2002 Class A 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. 4925 (Word version)
Date: REMOVE:
05/02/02 TALLEY
The following Bills and Joint Resolution 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. 1184 (Word version) -- Senators Leventis and Land: A BILL TO AMEND ACT 620 OF 1992, RELATING TO THE MANNER IN WHICH MEMBERS OF THE BOARD OF TRUSTEES OF SUMTER COUNTY SCHOOL DISTRICT 2 MUST BE ELECTED, SO AS TO REAPPORTION THE ELECTION DISTRICTS FROM WHICH THESE TRUSTEES ARE ELECTED BEGINNING WITH THE ELECTION CONDUCTED IN 2002.
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.
S. 1240 (Word version) -- Senators Hutto and Matthews: A BILL TO AMEND SECTION 7-7-440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN ORANGEBURG COUNTY, SO AS TO RENAME CERTAIN PRECINCTS AND TO REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD.
The following Bills and Joint Resolution were taken up, read the third time, and ordered sent to the Senate:
H. 5209 (Word version) -- Reps. J. R. Smith, Clyburn, Perry, Sharpe and D. C. Smith: A BILL TO AMEND ACT 588 OF 1986, AS AMENDED, RELATING TO THE ESTABLISHMENT OF SINGLE MEMBER ELECTION DISTRICTS FOR THE SCHOOL BOARD OF AIKEN COUNTY, SO AS TO REAPPORTION THE DISTRICTS, DELETE PREVIOUS APPORTIONMENT AND REAPPORTIONMENT PLANS, AND EXTEND THE DATE FOR FILING NOMINATING PETITIONS FOR ELECTIONS CONDUCTED FOR SCHOOL BOARD MEMBERS IN 2002.
H. 3774 (Word version) -- Reps. Whipper, Easterday, J. Young, Govan, Hosey, Harvin, Sinclair, Barfield, Barrett, Bowers, Breeland, J. Brown, R. Brown, Cato, Clyburn, Cobb-Hunter, Coleman, Davenport, Gilham, Gourdine, Hamilton, Haskins, J. Hines, M. Hines, Kelley, Littlejohn, Mack, McCraw, Meacham-Richardson, Miller, Perry, Phillips, Rivers, Robinson, Rodgers, Sandifer, Scott, Sharpe, D. C. Smith, G. M. Smith, J. R. Smith, W. D. Smith, Stille, Taylor, Tripp, Walker, Weeks, Wilder and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-1-110 SO AS TO PROVIDE THAT COMMON LAW MARRIAGE IS NOT VALID IN THE STATE AFTER DECEMBER 31, 2001, AND TO FURTHER PROVIDE THAT OTHERWISE VALID COMMON LAW MARRIAGES ENTERED INTO BEFORE JANUARY 1, 2002, CONTINUE TO BE RECOGNIZED IN THE STATE; AND TO REPEAL SECTION 20-1-360 RELATING TO THE VALIDITY OF A MARRIAGE CONTRACTED WITHOUT THE ISSUANCE OF A LICENSE.
H. 5202 (Word version) -- Reps. Miller, Snow, Kelley, Barfield, Harvin and Kennedy: A JOINT RESOLUTION TO CREATE A COMMITTEE COMPOSED OF APPOINTEES MADE BY THE LEGISLATIVE DELEGATIONS REPRESENTING HORRY, GEORGETOWN, AND WILLIAMSBURG COUNTIES TO STUDY THE ISSUES ASSOCIATED WITH THE DELIVERY OF WATER AND SEWER SERVICES TO THE USERS IN THESE THREE COUNTIES WITH THE FOCUS OF THE STUDY BEING ON THE FEASIBILITY OF ESTABLISHING A THREE COUNTY REGIONAL WATER AND SEWER AUTHORITY.
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
H. 5215 (Word version) -- Reps. Taylor and Wilder: A BILL TO AMEND ACT 779 OF 1988, RELATING TO LAURENS COUNTY SCHOOL DISTRICTS 55 AND 56, SO AS TO REVISE THE SINGLE-MEMBER DISTRICTS FROM WHICH TRUSTEES ARE ELECTED.
H. 5216 (Word version) -- Reps. Kirsh, Meacham-Richardson, McCraw, Delleney and Simrill: A BILL TO ESTABLISH AND REAPPORTION ELECTION DISTRICTS IN WHICH FIVE OF THE SEVEN TRUSTEES OF THE CLOVER SCHOOL DISTRICT NO. 2 OF YORK COUNTY ARE REQUIRED TO RESIDE AND PROVIDE A SCHEDULE FOR THE ELECTION OF TRUSTEES.
H. 5108 (Word version) -- Reps. Law, Cato, Sandifer and Trotter: A BILL TO REPEAL SECTION 58-37-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANNUAL REPORTS REQUIRED OF DEMAND-SIDE ACTIVITIES OF CERTAIN GAS AND ELECTRIC UTILITIES.
Rep. SANDIFER explained the Bill.
S. 1045 (Word version) -- Senator Thomas: A BILL TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING CHAPTER 14 SO AS TO ENACT THE "SPECIAL PURPOSE REINSURANCE VEHICLE MODEL ACT" TO INCLUDE PROVISIONS FOR ACHIEVING GREATER EFFICIENCY IN CONDUCTING INSURANCE SECURITIZATIONS, TO DIVERSIFY AND BROADEN INSURERS' ACCESS TO SOURCES OF RISK-BEARING CAPITAL, TO MAKE INSURANCE SECURITIZATION AS GENERALLY AVAILABLE TO AS MANY INSURERS AS POSSIBLE, AND TO CREATE SPECIAL PURPOSE REINSURANCE VEHICLES IN ORDER TO FACILITATE THE SECURITIZATION OF ONE OR MORE CEDING INSURERS' RISK AS A MEANS OF ACCESSING ALTERNATIVE SOURCES OF CAPITAL.
Rep. TRIPP explained the Bill.
H. 5212 (Word version) -- Reps. Sharpe, Witherspoon and Rhoad: A JOINT RESOLUTION TO PROHIBIT POULTRY FROM STATES HAVING FLOCKS THAT HAVE TESTED POSITIVE FOR AVIAN INFLUENZA FROM ENTRY INTO THIS STATE UNTIL THIRTY DAYS AFTER DEPOPULATION, CLEANING, AND DISINFECTION OF THE FINAL CONFIRMED AVIAN INFLUENZA PREMISES IN THE POSITIVE STATE, AND TO PROVIDE THAT POULTRY PARTICIPATING IN EXHIBITIONS CONDUCTED IN A POSITIVE STATE AFTER MARCH 1, 2002, MUST TEST NEGATIVE FOR AVIAN INFLUENZA PRIOR TO PARTICIPATION IN A SOUTH CAROLINA EXHIBITION.
Rep. SHARPE explained the Joint Resolution.
H. 5217 (Word version) -- Reps. Cobb-Hunter, Owens and A. Young: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF COMMERCE TO STUDY THE VIABILITY OF ESTABLISHING AN INLAND INTERMODAL PORT IN THE VICINITY OF INTERSTATES 95 AND 26 AND TO REPORT ITS FINDINGS TO THE GENERAL ASSEMBLY ON JANUARY 14, 2003.
Rep. COBB-HUNTER explained the Joint Resolution.
On motion of Rep. TAYLOR, with unanimous consent, it was ordered that H. 5215 be read the third time tomorrow.
On motion of Rep. KIRSH, with unanimous consent, it was ordered that H. 5216 be read the third time tomorrow.
On motion of Rep. SANDIFER, with unanimous consent, it was ordered that H. 5108 be read the third time tomorrow.
On motion of Rep. CATO, with unanimous consent, it was ordered that S. 1045 be read the third time tomorrow.
On motion of Rep. SHARPE, with unanimous consent, it was ordered that H. 5212 be read the third time tomorrow.
On motion of Rep. COBB-HUNTER, with unanimous consent, it was ordered that H. 5217 be read the third time tomorrow.
The following Joint Resolution was taken up, read the third time, and ordered returned to the Senate with amendments:
S. 1010 (Word version) -- Senators Fair, Glover, Verdin, Ryberg, Giese, Anderson, Alexander, Pinckney, Branton, Short, Thomas, Martin, Ford, Patterson and Gregory: A JOINT RESOLUTION TO ESTABLISH THE TASK FORCE ON CORRECTIONS AND PROVIDE ITS MEMBERSHIP AND DUTIES AND TO PROVIDE FOR IT TO MAKE A REPORT WITH RECOMMENDATIONS TO THE GENERAL ASSEMBLY BEFORE JANUARY 1, 2003, AFTER WHICH THE TASK FORCE TERMINATES.
The SPEAKER granted Rep. RHOAD a leave of absence for the remainder of the day.
The motion of Rep. THOMPSON to reconsider the vote whereby the following Bill was rejected was taken up:
H. 4716 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 59-1-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHOOL MAKE-UP DAYS, SO AS TO FURTHER PROVIDE FOR THE PROCEDURES AND REQUIREMENTS TO MAKE UP DAYS LOST BECAUSE OF WEATHER OR OTHER DISRUPTIONS.
Rep. WALKER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bales Cato Chellis Clyburn Cooper Cotty Dantzler Easterday Emory Fleming Gilham Gourdine Hamilton Harrell Harrison Haskins Hinson Kirsh Law Leach Limehouse Littlejohn Loftis Lourie Martin McLeod Merrill Neal, J.M. Ott Perry Rice Rodgers Sandifer Scarborough Smith, D.C. Smith, J.E. Smith, W.D. Thompson Townsend Tripp Vaughn Walker Webb White Wilkins Young, A.
Those who voted in the negative are:
Allen Altman Barfield Barrett Breeland Brown, G. Brown, J. Carnell Cobb-Hunter Coleman Davenport Delleney Freeman Frye Govan Hayes Hines, J. Hines, M. Hosey Howard Huggins Jennings Keegan Kelley Kennedy Klauber Koon Lee Lloyd Lucas Mack McCraw McGee Meacham-Richardson Miller Neal, J.H. Neilson Owens Parks Phillips Riser Rivers Sharpe Sheheen Simrill Smith, F.N. Smith, G.M. Smith, J.R. Talley Taylor Weeks Whatley Whipper Wilder Witherspoon Young, J.
So, the motion to reconsider was rejected.
Rep. STILLE moved to reconsider the vote whereby the following Bill was continued:
S. 49 (Word version) -- Senators Mescher and Branton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-705 SO AS TO PROVIDE THAT A PERSON UNDER TWENTY-ONE YEARS OF AGE WHO OBTAINS A TATTOO IN VIOLATION OF SECTION 16-17-700 MAY BRING AN ACTION IN CIRCUIT COURT AGAINST THE PERSON CONVICTED OF THE VIOLATION AND MAY RECOVER CERTAIN DAMAGES AND ATTORNEY'S FEES; AND TO AMEND SECTION 16-17-700, AS AMENDED, RELATING TO TATTOOING, SO AS TO PERMIT A PERSON TO TATTOO CERTAIN BODY PARTS OF ANOTHER PERSON UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE THAT A TATTOO ARTIST CONSPICUOUSLY MUST DISPLAY A NOTICE TO PATRONS THAT INFORMS THEM OF ANY DISQUALIFICATIONS WHICH TATTOOING MAY CONFER UPON A PROSPECTIVE BLOOD DONOR, HIS CERTIFICATE OF SUCCESSFUL COMPLETION OF A COURSE IN INFECTION CONTROL, AND HIS PERMIT ISSUED BY THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL (DHEC) WHICH MUST BE RENEWED ANNUALLY UPON SUBMISSION OF CERTAIN INFORMATION, MUST COMPLY WITH CERTAIN DHEC INFECTION CONTROL PRECAUTIONS, MUST NOT USE CERTAIN DEVICES AND MEDICATIONS, MUST VERIFY THAT A TATTOO RECIPIENT WHO DOES NOT HAVE EXPRESS WRITTEN CONSENT OF HIS PARENT OR GUARDIAN IS AT LEAST TWENTY-ONE YEARS OF AGE, AND TO PROVIDE THAT DHEC MAY REVOKE A PERMIT OR DENY AN APPLICATION FOR A VIOLATION OF THESE PROVISIONS.
Rep. KNOTTS moved to table the motion to reconsider.
Rep. EASTERDAY demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barrett Bingham Brown, G. Carnell Cato Chellis Clyburn Cooper Cotty Dantzler Davenport Delleney Easterday Fleming Frye Harrell Harrison Haskins Hinson Hosey Huggins Keegan Kelley Kirsh Klauber Knotts Koon Law Leach Limehouse Lloyd Loftis McCraw McGee Meacham-Richardson Neilson Owens Phillips Rice Riser Sandifer Sheheen Simrill Smith, D.C. Smith, F.N. Smith, G.M. Smith, J.R. Taylor Townsend Vaughn Walker Whatley Wilder Wilkins Young, A. Young, J.
Those who voted in the negative are:
Allen Bales Breeland Brown, J. Brown, R. Campsen Cobb-Hunter Emory Freeman Gilham Gourdine Govan Hamilton Hayes Hines, J. Hines, M. Howard Jennings Kennedy Lee Littlejohn Lourie Lucas Mack McLeod Miller Neal, J.H. Neal, J.M. Ott Parks Rivers Rodgers Scarborough Sharpe Sinclair Smith, J.E. Snow Talley Thompson Tripp Webb Weeks Whipper White
So, the motion to reconsider was tabled.
The Senate amendments to the following Bill were taken up for consideration:
H. 4878 (Word version) -- Ways and Means Committee: GENERAL APPROPRIATIONS BILL.-SHORT TITLE
Rep. HARRELL moved to adjourn debate upon the Senate Amendments until Tuesday, May 7, which was agreed to.
The Senate amendments to the following Bill were taken up for consideration:
H. 4656 (Word version) -- Rep. F. N. Smith: A BILL TO AMEND SECTION 15-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL REQUIREMENT THAT CIVIL ACTIONS MUST BE COMMENCED WITHIN THE STATUTORILY PRESCRIBED TIME FRAMES, SO AS TO PROVIDE THAT A CIVIL ACTION IS COMMENCED WHEN THE SUMMONS AND COMPLAINT ARE FILED WITH THE CLERK OF COURT IF ACTUAL SERVICE IS ACCOMPLISHED WITHIN ONE HUNDRED-TWENTY DAYS AFTER THE FILING.
Rep. SANDIFER 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. 3010 (Word version) -- Reps. Knotts, Sandifer, Davenport, J. Young, Robinson, Huggins, Bingham, Rodgers, Delleney, Rice, Sharpe, Simrill, G. M. Smith, Leach, Lucas, Trotter, White, Bowers, Taylor, Klauber, Vaughn, A. Young, Rhoad, Meacham-Richardson, Hayes, Stuart, Cato, Kirsh, Tripp, Snow, Campsen, Scarborough, Ott, Hinson, Loftis, Barfield, Talley, Koon, D. C. Smith, Whatley and Owens: A BILL TO AMEND SECTION 16-23-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CARRYING OR DISPLAYING OF FIREARMS IN A PUBLIC BUILDING OR UPON AREAS ADJACENT TO A PUBLIC BUILDING, SO AS TO MAKE TECHNICAL CHANGES, PROVIDE THAT THIS PROVISION DOES NOT APPLY TO A MARRIED STUDENT RESIDING IN AN APARTMENT PROVIDED BY A PUBLIC OR PRIVATE SCHOOL WHO IS AUTHORIZED TO CARRY A WEAPON PURSUANT TO THE PROVISIONS RELATING TO THE ISSUANCE OF CONCEALABLE WEAPON PERMITS, AND REVISE THE DEFINITION OF THE TERMS "PREMISES" AND "PROPERTY"; TO AMEND SECTION 16-23-430, AS AMENDED, RELATING TO THE CARRYING OF WEAPONS ON SCHOOL PROPERTY, SO AS TO PROVIDE A DEFINITION FOR THE TERM "PROPERTY"; TO AMEND SECTION 16-23-465, AS AMENDED, RELATING TO PENALTIES FOR UNLAWFULLY CARRYING A PISTOL OR FIREARM ONTO THE PREMISES OF A BUSINESS SELLING ALCOHOLIC LIQUORS, BEER, OR WINE FOR ON PREMISES CONSUMPTION, SO AS TO REVISE THE PARTICULARS OF THIS OFFENSE; TO AMEND SECTION 23-31-210, RELATING TO DEFINITIONS CONTAINED IN THE LAW ABIDING CITIZEN'S SELF-DEFENSE ACT OF 1996, SO AS TO REVISE THE DEFINITION OF THE TERM "RESIDENT"; TO AMEND SECTION 23-31-215, AS AMENDED, RELATING TO THE ISSUANCE OF CONCEALABLE WEAPON PERMITS, SO AS TO REDUCE THE NUMBER OF PHOTOGRAPHS OF AN APPLICANT THAT MUST BE SUBMITTED WITH AN INITIAL AND A RENEWAL APPLICATION FOR A CONCEALABLE WEAPON PERMIT, TO REVISE THE RESIDENCY REQUIREMENT CONTAINED IN THE CONCEALABLE WEAPON PERMIT APPLICATION FORM, TO DELETE THE PROHIBITION AGAINST AUTHORIZING A CONCEALABLE WEAPON PERMIT HOLDER TO CARRY A CONCEALABLE WEAPON INTO A CHURCH OR OTHER RELIGIOUS SANCTUARY, AND PROVIDE THAT ONCE A CONCEALED WEAPON PERMIT HOLDER IS NO LONGER A RESIDENT OF THIS STATE, HIS CONCEALED WEAPON PERMIT MUST BE REVOKED AUTOMATICALLY BY SLED; TO AMEND SECTION 23-31-235, RELATING TO THE CONTENT OF POSTED SIGNS THAT PROHIBIT THE CARRYING OF A CONCEALABLE WEAPON UPON ANY PREMISES, SO AS TO REVISE THE SIZE, CONTENT, AND PLACEMENT OF THESE SIGNS; AND TO AMEND SECTION 51-3-145, AS AMENDED, RELATING TO ACTS THAT MAY NOT BE COMMITTED AT ANY PARK OR FACILITY UNDER THE JURISDICTION OF THE DEPARTMENT OF PARKS, RECREATION AND TOURISM, SO AS TO ALLOW A PERSON WHO POSSESSES A CONCEALABLE WEAPON PERMIT TO POSSESS A CONCEALABLE WEAPON AND ITS AMMUNITION AT ANY PARK OR FACILITY UNDER THE JURISDICTION OF THE DEPARTMENT OF PARKS, RECREATION AND TOURISM.
Rep. MCLEOD 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 following Bills were taken up, read the third time, and ordered sent to the Senate:
H. 3640 (Word version) -- Rep. Rice: A BILL TO AMEND SECTION 12-28-2740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION OF "C" FUND GASOLINE TAX REVENUES TO COUNTIES, SO AS TO DELETE OBSOLETE PROVISIONS, PROVIDE FOR THE DISTRIBUTION OF EARNINGS ON THE COUNTY TRANSPORTATION FUND, RAISE FROM ONE TO TWO THOUSAND DOLLARS THE AMOUNT WHICH MAY BE USED FOR THE EXPENSES OF THE COUNTY TRANSPORTATION COMMITTEE, CLARIFY THAT THE DEPARTMENT OF TRANSPORTATION ADMINISTERS ALL FUNDS EXPENDED ON THE STATE HIGHWAY SYSTEM, CLARIFY THE USE OF "C" FUND REVENUES, ELIMINATE BID PREFERENCES FOR COUNTIES ADMINISTERING THEIR OWN "C" FUNDS, AND GIVE THE DEPARTMENT OF TRANSPORTATION AUTHORITY TO ENFORCE "C" FUND PROVISIONS BY WITHHOLDING OF "C" FUND ALLOCATIONS AND FORFEITURE OF ALLOCATIONS.
H. 3056 (Word version) -- Reps. Meacham-Richardson, A. Young, Simrill, Stille, White, Perry, Rodgers, Gilham and Lourie: A BILL TO ENACT THE "DOMESTIC VIOLENCE PREVENTION ACT OF 2001" INCLUDING PROVISIONS TO AMEND SECTION 16-3-20, AS AMENDED, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO ADD AS SEPARATE AGGRAVATING CIRCUMSTANCES WHICH MAY BE CONSIDERED IN THE DETERMINATION OF THE SENTENCE TO BE IMPOSED, A MURDER COMMITTED IN VIOLATION OF A PROTECTIVE ORDER OR A RESTRAINING ORDER, AND A MURDER COMMITTED AGAINST A HOUSEHOLD MEMBER WHEN THE DEFENDANT HAD A PRIOR CONVICTION FOR COMMITTING CERTAIN LISTED OFFENSES AGAINST THE HOUSEHOLD MEMBER VICTIM; TO AMEND SECTIONS 16-25-30, 16-25-40, 16-25-50, 16-25-60, 16-25-70, ALL AS AMENDED, AND SECTION 16-25-65, ALL RELATING TO PROCEDURES AND PENALTIES FOR CRIMINAL DOMESTIC VIOLENCE SO AS TO DELETE FINES AS A PENALTY FOR THESE OFFENSES AND TO AUTHORIZE SUSPENSION OF THE SENTENCE IMPOSED, EXCEPT MANDATORY MINIMUM SENTENCES WHERE APPLICABLE, UPON THE OFFENDER SATISFACTORILY COMPLETING AN APPROVED TREATMENT PROGRAM FOR BATTERERS, TO PROVIDE THAT THE SOLICITOR MAY NOT DROP A CRIMINAL DOMESTIC VIOLENCE CHARGE BEFORE TRIAL, TO CREATE THE OFFENSE OF CRIMINAL DOMESTIC VIOLENCE IN THE PRESENCE OF A MINOR AND TO PROVIDE PENALTIES; TO AMEND SECTION 17-22-50, AS AMENDED, RELATING TO PERSONS NOT TO BE CONSIDERED FOR A PRETRIAL INTERVENTION PROGRAM, SO AS TO PROVIDE THAT PERSONS CHARGED WITH CRIMINAL DOMESTIC VIOLENCE OFFENSES UNDER TITLE 16, CHAPTER 25 MAY NOT BE CONSIDERED FOR THIS PROGRAM; AND TO AMEND SECTION 22-5-510, AS AMENDED, RELATING TO BOND HEARINGS AND THE RELEASE OF DEFENDANTS, SO AS TO REQUIRE A MAGISTRATE TO HOLD A DEFENDANT IN A CASE INVOLVING CRIMINAL DOMESTIC VIOLENCE FORTY-EIGHT HOURS AFTER ARREST, UPON GOOD CAUSE SHOWN AT THE BOND HEARING.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments:
S. 820 (Word version) -- Senators Reese, Elliott and Richardson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-745 SO AS TO MAKE IT UNLAWFUL FOR ANY PERSON THROUGH "CLONING" TO GROW OR CREATE A HUMAN BEING, OR ANY HUMAN PART, OR TO CONSPIRE TO DO SO, TO DEFINE CLONING FOR THIS PURPOSE, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
The following Concurrent Resolution was taken up:
H. 5194 (Word version) -- Reps. Townsend, Barrett, Sharpe and Martin: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF PUBLIC SAFETY AND THE DEPARTMENT OF TRANSPORTATION HONOR THE MOTOR VEHICLE MAXIMUM LENGTH LIMITATIONS PERMITTED BY THE STATES OF NORTH CAROLINA AND GEORGIA, RESPECTIVELY, UPON MOTOR VEHICLES THAT DISPLAY FARM TRUCK LICENSE PLATES FROM THOSE STATES.
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, request that the Department of Public Safety and the Department of Transportation honor the motor vehicle maximum length limitations permitted by the states of North Carolina and Georgia, respectively, upon motor vehicles that display farm truck license plates from those states.
Be it further resolved that copies of this resolution be forwarded to the Director of the Department of Public Safety and the Director of the Department of Transportation.
The Concurrent Resolution was adopted and sent to the Senate.
The following Concurrent Resolution was taken up:
H. 4996 (Word version) -- Rep. Barrett: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION OF SOUTH CAROLINA HIGHWAYS 11 AND 28 IN WAGENER TOWNSHIP IN OCONEE COUNTY THE "GENERAL JOHN A. WAGENER INTERCHANGE" IN HONOR OF GENERAL JOHN A. WAGENER, THE FOUNDER OF THE TOWN OF WALHALLA, AND INSTALL APPROPRIATE SIGNS OR MARKERS.
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, request that the Department of Transportation name the intersection of South Carolina Highways 11 and 28 in Wagener Township in Oconee County the "General John A. Wagener Interchange" in honor of General John A. Wagener, the founder of the Town of Walhalla, and install appropriate signs or markers.
Be it further resolved that a copy of this resolution be forwarded to the South Carolina Department of Transportation.
The Concurrent Resolution was adopted and sent to the Senate.
The motion period was dispensed with on motion of Rep. FLEMING.
Rep. OTT moved to adjourn debate upon the following Bill until Tuesday, May 7, which was adopted:
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.
The following Bill was taken up:
H. 4411 (Word version) -- Reps. J. R. Smith, Walker, Clyburn and McLeod: A BILL TO AMEND SECTION 56-3-1230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE LICENSE PLATES, SO AS TO REQUIRE THE NAME OF THE COUNTY IN WHICH A VEHICLE IS REGISTERED AND PROPERTY TAXES ARE PAID TO BE PLACED ON LICENSE PLATES.
Rep. WALKER explained the Bill.
Rep. MERRILL moved to table the Bill.
Rep. TOWNSEND demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Breeland Campsen Carnell Cato Chellis Coleman Cotty Dantzler Davenport Delleney Easterday Edge Freeman Gourdine Harrell Harrison Haskins Hayes Hinson Jennings Keegan Kirsh Law Leach Lee Limehouse Loftis McCraw Meacham-Richardson Merrill Miller Parks Perry Phillips Rice Sandifer Sharpe Sheheen Simrill Smith, F.N. Talley Thompson Tripp Vaughn Webb Weeks Whipper
Those who voted in the negative are:
Allison Bales Barfield Barrett Bingham Bowers Brown, G. Clyburn Cooper Emory Fleming Gilham Hines, J. Hines, M. Hosey Huggins Kelley Kennedy Klauber Knotts Koon Littlejohn Lloyd Lourie Lucas Mack Martin McGee McLeod Neal, J.M. Ott Owens Quinn Riser Rodgers Sinclair Smith, D.C. Smith, J.E. Smith, J.R. Snow Stille Taylor Townsend Walker Whatley White Wilder Wilkins Witherspoon
So, the House refused to table the Bill.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bales Brown, G. Clyburn Cooper Emory Fleming Frye Gilham Harrell Hines, J. Huggins Keegan Kennedy Knotts Koon Littlejohn Lourie Lucas Martin McGee McLeod Neal, J.M. Ott Owens Quinn Riser Rivers Rodgers Sinclair Smith, D.C. Smith, J.E. Smith, J.R. Snow Stille Thompson Townsend Walker Whatley White Wilkins
Those who voted in the negative are:
Allen Barfield Barrett Bingham Bowers Breeland Brown, R. Campsen Carnell Cato Chellis Coleman Cotty Dantzler Davenport Delleney Easterday Edge Freeman Gourdine Govan Harrison Haskins Hayes Hines, M. Hinson Hosey Jennings Kelley Kirsh Klauber Law Leach Lee Limehouse Lloyd Loftis Mack McCraw Meacham-Richardson Merrill Miller Neilson Parks Perry Rice Sandifer Sharpe Sheheen Simrill Smith, F.N. Talley Taylor Tripp Vaughn Webb Weeks Whipper Wilder Witherspoon
So, the Bill was rejected.
The following Bill was taken up:
H. 4911 (Word version) -- Reps. Kelley, A. Young, Loftis, Bales, Edge, Clyburn, J. R. Smith, Whipper, Barfield, Chellis, Davenport, Gilham, Gourdine, Govan, Harrison, Harvin, J. Hines, Hinson, Keegan, Law, Leach, Owens, Rodgers, Sandifer, Scarborough, Townsend and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-5-72 SO AS TO PROVIDE THAT THE STATE SUPERINTENDENT OF EDUCATION SHALL APPOINT AN ADVISORY PANEL TO RECOMMEND TO THE STATE BOARD OF EDUCATION BY JUNE 1, 2002, A PLAN TO IMPLEMENT A UNIFORM SCHOOL TERM STARTING DATE AFTER LABOR DAY FOR PUBLIC SCHOOLS IN SOUTH CAROLINA BEGINNING WITH THE 2003-04 SCHOOL YEAR AND SUGGESTED PACT TESTING DATES FOR THE 2003-2005 SCHOOL YEARS, AND TO PROVIDE THAT THE STATE BOARD SHALL ACT ON THE RECOMMENDATIONS OF THE ADVISORY PANEL BY AUGUST 31, 2002, AND IMPLEMENT THE RECOMMENDATIONS EFFECTIVE WITH THE 2003-04 SCHOOL YEAR.
Rep. KELLEY proposed the following Amendment No. 3 (Doc Name COUNCIL\NBD\AMEND\11681AC02):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 59-5-72. The State Superintendent of Education shall appoint an advisory panel composed of nine members to recommend to the State Board of Education before August 1, 2002, a plan to implement a uniform window of school start days for public schools in South Carolina beginning with the 2003-04 school year and thereafter. The starting date for students must be no earlier than seven calendar days before Labor Day and no later than seven calendar days after Labor Day to allow students and their families to participate in the summer tourism industry of South Carolina. The date also shall allow teachers and administrators to participate in regional and statewide professional development training.
The advisory panel shall be composed of three educators, three business leaders representing the tourism industry of this State and the South Carolina Chamber of Commerce, and one representative each from the South Carolina School Boards Association, the Education Oversight Committee, and the State Board of Education. These members shall be appointed by the State Superintendent of Education and shall convene immediately after appointment. Panel members shall receive the usual mileage, subsistence, and per diem provided by law for members of state boards, commissions, and committees while on official business of the panel. The advisory panel at its first meeting shall also organize and elect such officers as it considers necessary.
The recommendations of the panel shall include the uniform window of school start days, any waivers for beginning school before or after the uniform window of school start days, the procedures for any waivers that may be needed, and suggested PACT testing dates for the 2003-2004 school year and thereafter.
The plan must be presented for approval by the State Board of Education before August 31, 2002, and upon approval, the plan becomes effective beginning with the 2003-04 school year. All school districts of this State must adhere to the decision of the state board as to the starting date for the annual school term within the uniform window of school start days unless granted a waiver to do otherwise. Nothing prevents the state board from requesting revised recommendations from the advisory panel that meet the requirements of this section. Upon adoption of its recommendations by the state board, the advisory panel is abolished."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. KELLEY explained the amendment.
Rep. KELLEY spoke in favor of the amendment.
Rep. HARRELL spoke in favor of the amendment.
Rep. TRIPP spoke against the amendment.
Rep. SCOTT spoke against the amendment.
Rep. MILLER spoke in favor of the amendment.
Rep. KELLEY moved to adjourn debate on the Bill until Tuesday, May 7, which was agreed to.
Rep. RISER moved that the House recur to the Morning Hour, which was agreed to.
The following was introduced:
H. 5224 (Word version) -- Reps. Rutherford, Howard, J. Brown, Bales, Cotty, Harrison, Lourie, J. H. Neal, Quinn, Scott and J. E. Smith: A CONCURRENT RESOLUTION TO COMMEND RICHLAND SCHOOL DISTRICT ONE ON ITS THIRTY YEARS OF PARTICIPATION IN THE HIGHLY ACCLAIMED "READING IS FUNDAMENTAL" PROGRAM AND TO EXTEND BEST WISHES FOR MUCH SUCCESS IN THE DISTRICT'S CONTINUED PARTNERSHIP WITH THIS OUTSTANDING PROGRAM.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5225 (Word version) -- Rep. Allen: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE AUGUSTA ROAD BRIDGE THAT CROSSES INTERSTATE HIGHWAY 85 IN GREENVILLE COUNTY IN HONOR OF THE LATE MR. OTIS C. DAVIS, SR., AND INSTALL APPROPRIATE MARKERS OR SIGNS CONTAINING THE WORDS "OTIS C. DAVIS, SR. MEMORIAL BRIDGE".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
Rep. SCOTT moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 5197 (Word version) -- Rep. Limehouse: A CONCURRENT RESOLUTION TO STRONGLY ENCOURAGE JOHNSON & WALES UNIVERSITY TO RETAIN ITS CAMPUS IN CHARLESTON, SOUTH CAROLINA.
H. 5201 (Word version) -- Reps. Riser, Bingham, Frye, Huggins, Koon and Stuart: A CONCURRENT RESOLUTION TO CONGRATULATE REPRESENTATIVE JAKE KNOTTS ON RECENTLY BEING ELECTED TO THE SOUTH CAROLINA SENATE AND TO COMMEND HIM FOR ALL THE WORK HE DID WHILE A MEMBER OF THE HOUSE OF REPRESENTATIVES TO SERVE THE PEOPLE OF HIS DISTRICT AND TO MAKE THE PALMETTO STATE A BETTER PLACE FOR ALL.
H. 5203 (Word version) -- Rep. J. Brown: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND SOUTH CAROLINA DEPARTMENT OF CORRECTIONS EMPLOYEE STERLING JORDAN OF COLUMBIA FOR HIS LEADERSHIP AND DEDICATION TO HIS POSITION AS A CORRECTIONAL OFFICER.
H. 5204 (Word version) -- Reps. Rivers, Bowers, Gilham, Lloyd and Rodgers: A CONCURRENT RESOLUTION TO PUBLICLY RECOGNIZE AND THANK MR. HARRY S. (JU JU) HUTSON, JR., OF HARDEEVILLE FOR HIS LEADERSHIP IN AND SERVICE TO HIS COMMUNITY, COUNTY, AND STATE OVER A PERIOD OF MANY YEARS.
H. 5205 (Word version) -- Rep. Phillips: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MAY 29, 2002, IMMEDIATELY FOLLOWING THE ELECTION OF JUDGES, AS THE TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING A PERSON TO FILL THE AT-LARGE SEAT ON THE WINTHROP UNIVERSITY BOARD OF TRUSTEES, AND TO ESTABLISH A PROCEDURE REGARDING NOMINATIONS AND NOMINATING AND SECONDING SPEECHES FOR THE CANDIDATES FOR THESE OFFICES DURING THE JOINT SESSION.
H. 5208 (Word version) -- Rep. J. Brown: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE ROBERT R. RANDLE, JR., OF COLUMBIA FOR HIS LIFE LONG DEDICATION TO GREENVIEW PARK AND HIS SERVICE AND COMMITMENT TO THE CITIZENS OF COLUMBIA AND THE STATE OF SOUTH CAROLINA.
H. 5213 (Word version) -- Reps. Kelley, Barfield, Edge, Keegan, Snow and Witherspoon: A CONCURRENT RESOLUTION TO COMMEND AND HONOR DANIEL H. ISAAC, SR., OF MYRTLE BEACH FOR HIS SERVICE TO THE YOUTH OF HIS COMMUNITY AND STATE AS A BASEBALL COACH, UMPIRE, AND SPORTS OFFICIAL.
H. 5218 (Word version) -- Reps. Freeman, Jennings, Lucas and Neilson: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE GAIL B. INGRAM OF CHERAW HIGH SCHOOL FOR BEING SELECTED AS THE NATIONAL HISTORY DAY TEACHER OF THE YEAR FOR 2001-2002 AND TO WISH HER GOOD HEALTH AND HAPPINESS IN HER FUTURE ENDEAVORS.
H. 5219 (Word version) -- Rep. Meacham-Richardson: A CONCURRENT RESOLUTION CONGRATULATING FORT MILL AND ITS TOWN CITIZENS ON THEIR TWENTIETH ANNUAL FEST-I-FUN SPRING CELEBRATION, TO COMMEND THEM ON CREATING A COMMUNITY SPIRITED, FUN-FILLED EVENT FOR ALL AGES, AND TO WISH THEM A SUCCESSFUL 2002 FESTIVAL.
At 12:05 p.m. the House, in accordance with the motion of Rep. THOMPSON, adjourned in memory of Essie Nalley of Anderson, to meet at 10:00 a.m. tomorrow.
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