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 Father, the psalmist tells us that his days are like a lengthened shadow; and he withers away like grass. As we near the end of this session many feel like their days are being lengthened and they are withering away. Yet, there is a desire to do what is rightly expected of us. So please, dear Father, renew my brothers and sisters that we might finish the race. Be our strength, dear God, 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. BALES moved that when the House adjourns, it adjourn in memory of Wanda Gibbs of Columbia, which was agreed to.
The following was received:
May 8, 2002
The Honorable David H. Wilkins
Speaker, South Carolina House of Representatives
Room 508, Blatt Building
Columbia, South Carolina 29211
Dear Mr. Speaker:
Please be informed that the Agriculture, Natural Resources and Environmental Affairs Committee met on May 8, 2002, and elected the Honorable William D. Witherspoon to fill the unexpired term of Chairman of the Committee.
Sincerely,
Van Hegler
Director of Research
Received as information.
Rep. FLEMING, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 5225 (Word version) -- Rep. Allen: A CONCURRENT RESOLUTION TO REQUEST THAT 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".
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 5102 (Word version) -- Reps. Klauber and Campsen: A BILL TO REPEAL JOINT RESOLUTION 775 OF 1976 WHICH CALLED ON CONGRESS TO BALANCE THE FEDERAL BUDGET THROUGH SUBMITTING AN APPROPRIATE AMENDMENT TO THE STATES FOR RATIFICATION OR IN THE ALTERNATIVE TO CALL A CONSTITUTIONAL CONVENTION FOR THIS PURPOSE, AND TO DISAVOW ANY OTHER CALLS FOR A CONSTITUTIONAL CONVENTION BY ANY MEANS EXPRESSED.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
S. 1172 (Word version) -- Senators McConnell, Jackson, Holland, Elliott, Saleeby, Ford, O'Dell, Matthews, Moore, Rankin, Setzler, Hutto, Verdin, Courson, Bauer, Ravenel, Richardson, Glover, Martin, Branton, Leventis and Anderson: A BILL TO AMEND TITLE 24, CHAPTER 21, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 12 SO AS TO PROVIDE FOR THE INTERSTATE COMPACT FOR ADULT OFFENDER SUPERVISION AND, UPON THE EFFECTIVE DATE OF THIS ACT, TO REPEAL ARTICLE 9, CHAPTER 21 OF TITLE 24, RELATING TO THE UNIFORM ACT FOR OUT-OF-STATE PAROLEE SUPERVISION.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
S. 633 (Word version) -- Senator Mescher: A BILL TO AMEND SECTION 51-13-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT AND TERMS OF MEMBERS OF THE SANTEE-COOPER COUNTIES PROMOTIONS COMMISSION, TO PROVIDE THAT THE TERMS OF THE MEMBERS SHALL BE FOR FOUR YEARS INSTEAD OF ONE YEAR, AND TO MAKE CERTAIN TECHNICAL CHANGES.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3776 (Word version) -- Reps. Rodgers, Simrill, Bingham, Cato, Easterday, Frye, Gilham, Haskins, J. Hines, Hosey, Koon, Leach, Loftis, Robinson and Stuart: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 33, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE AGE AT WHICH AN UNMARRIED WOMAN CAN LEGALLY CONSENT TO SEXUAL INTERCOURSE, SO AS TO CHANGE THE AGE FROM FOURTEEN YEARS TO SIXTEEN YEARS.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
S. 715 (Word version) -- Senators McConnell, J. V. Smith, Hawkins and Peeler: A BILL TO AMEND SECTION 14-7-1110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NUMBER OF PEREMPTORY CHALLENGES FOR DEFENDANTS AND THE STATE IN CRIMINAL CASES, SO AS TO EQUALIZE THE NUMBER OF PEREMPTORY CHALLENGES ALLOCATED TO DEFENDANTS AND THE STATE; AND TO ADD TO THE LIST OF SPECIFIC OFFENSES FOR WHICH THE DEFENDANT AND THE STATE ARE ENTITLED TO TEN CHALLENGES.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
H. 5037 (Word version) -- Reps. Cato and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 12 TO TITLE 38 SO AS TO ENACT THE "INVESTMENTS OF INSURERS ACT" TO PROVIDE FOR SPECIFIC PARAMETERS FOR INVESTMENT TRANSACTIONS AND INVESTMENT PRACTICES OF INSURANCE COMPANIES DOING BUSINESS IN THE STATE; AND TO REPEAL CHAPTER 11 OF TITLE 38 RELATING TO INVESTMENTS BY INSURERS.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
S. 232 (Word version) -- Senator Elliott: A BILL TO AMEND TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY AND CONVEYANCES BY ADDING CHAPTER 42 ENACTING THE "SOUTH CAROLINA VACATION RENTAL ACT" SO AS TO REGULATE THE BUSINESS OF RENTAL MANAGEMENT OF VACATION TIME RENTAL PROPERTY, TO PROVIDE DEFINITIONS AND EXCEPTIONS WITH REGARD TO THIS REGULATION, TO PROVIDE FOR THE STATUS OF VACATION RENTALS ON TRANSFERRED PROPERTY, TO PROHIBIT A COUNTY OR MUNICIPALITY FROM BANNING VACATION RENTALS EXCEPT PURSUANT TO SPECIFIC AUTHORIZATION FOR SUCH BANS ENACTED BY THE GENERAL ASSEMBLY BY GENERAL LAW, AND TO PROVIDE THAT A TENANT IN POSSESSION OF PROPERTY UNDER A VACATION RENTAL IS SUBJECT TO A MANDATORY EVACUATION ORDER.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
H. 5115 (Word version) -- Reps. Sandifer and Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 32-7-60 SO AS TO CREATE THE PRENEED FUNERAL LOSS REIMBURSEMENT FUND AND TO PROVIDE FOR THE PURPOSE AND USES OF MONIES IN THE FUND; TO AMEND SECTION 32-7-45, RELATING TO THE TRANSFER PROCEDURES FOR TRUST FUNDS HELD PURSUANT TO PRENEED BURIAL CONTRACTS, SO AS TO REVISE THESE PROCEDURES; AND TO AMEND SECTION 32-7-50, RELATING TO LICENSURE REQUIREMENTS TO OFFER AND ENTER INTO PRENEED BURIAL CONTRACTS, SO AS TO PROVIDE A PENALTY FOR ENTERING INTO SUCH CONTRACTS WITHOUT BEING LICENSED.
Ordered for consideration tomorrow.
Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:
S. 1061 (Word version) -- Senators Ravenel, Hutto, McConnell and Giese: A BILL TO AMEND SECTION 50-5-765, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USE OF TURTLE EXCLUDER DEVICES, SO AS TO PROVIDE THAT, UNTIL FEDERAL REGULATIONS ARE AMENDED TO INCREASE THE ESCAPE OPENINGS IN TURTLE EXCLUDER DEVICES TO A CERTAIN SIZE, EACH TRAWL NET USING A HARD TURTLE EXCLUDER DEVICE IN THE SALT WATERS OF THIS STATE MUST HAVE A TURTLE EXCLUDER DEVICE OPENING OF NOT LESS THAN THIRTY-FIVE INCHES IN TAUT HORIZONTAL LENGTH AND NOT LESS THAN TWENTY INCHES IN SIMULTANEOUS VERTICAL TAUT HEIGHT OR A FEDERALLY APPROVED LEATHERBACK OR DOUBLE COVER FLAP HARD TURTLE EXCLUDER DEVICE MODIFICATION.
Ordered for consideration tomorrow.
Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:
S. 1001 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 48-23-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNAUTHORIZED CUTTING OR REMOVAL OF TREES AND DESTRUCTION OF PROPERTY OR SCENIC VALUES OF STATE COMMISSION OF FORESTRY LANDS, SO AS TO REVISE THE PROVISIONS RELATING TO CUTTING OR REMOVAL OF TREES AND DESTRUCTION OF STATE COMMISSION OF FORESTRY LANDS, AND PROVIDE THAT, EXCEPT WHERE AUTHORIZED, IT IS UNLAWFUL TO DISPLAY OR CONSUME ALCOHOLIC BEVERAGES ON STATE COMMISSION OF FORESTRY LANDS, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.
Ordered for consideration tomorrow.
Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:
S. 969 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 50-11-2210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL ABUSE OF WILDLIFE MANAGEMENT AREA LANDS AND IMPROVEMENTS, SO AS TO PROVIDE THAT CERTAIN ACTIVITIES ARE UNLAWFUL ABUSES OF WILDLIFE MANAGEMENT AREA LANDS AND IMPROVEMENTS; AND TO AMEND SECTION 50-11-2220, AS AMENDED, RELATING TO ADDITIONAL PENALTIES FOR ABUSING WILDLIFE MANAGEMENT AREA LANDS AND IMPROVEMENTS, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO ENTER ONTO WILDLIFE MANAGEMENT AREA LANDS AFTER LOSING THE PRIVILEGE TO ENTER WILDLIFE MANAGEMENT AREA LANDS, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.
Ordered for consideration tomorrow.
On motion of Rep. LOURIE, with unanimous consent, the following was taken up for immediate consideration:
H. 5232 (Word version) -- Rep. Lourie: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO RICHLAND NORTHEAST HIGH SCHOOL'S MODEL UNITED NATIONS CLUB AND THE CLUB'S SPONSOR-ADVISER, MS. LYNN WASHINGTON, AT A TIME AND ON A DATE AS DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED FOR WINNING A THIRTEENTH CONSECUTIVE FIRST-PLACE AWARD AT THE NATIONAL HIGH SCHOOL MODEL UNITED NATIONS CONFERENCE.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives is extended to the Richland Northeast High School's Model United Nations Club and the club's sponsor-adviser, Ms. Lynn Washington, at a time and on a date as determined by the Speaker, for the purpose of being recognized and congratulated for winning a thirteenth consecutive first-place award at the National High School Model United Nations Conference.
The Resolution was adopted.
The following was introduced:
H. 5233 (Word version) -- Rep. Lourie: A CONCURRENT RESOLUTION TO CONGRATULATE THE RICHLAND NORTHEAST HIGH SCHOOL'S MODEL UNITED NATIONS CLUB AND THE CLUB'S SPONSOR-ADVISER, MS. LYNN WASHINGTON, ON WINNING A THIRTEENTH CONSECUTIVE FIRST-PLACE AWARD AT THE NATIONAL HIGH SCHOOL MODEL UNITED NATIONS CONFERENCE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5234 (Word version) -- Rep. Battle: A CONCURRENT RESOLUTION TO COMMEND HEAD COACH FRED SENTER OF MULLINS HIGH SCHOOL FOR HIS EXTRAORDINARY CAREER AS BOTH A COACH AND AN EDUCATOR AND TO CONGRATULATE HIM ON BEING INDUCTED INTO SOUTH CAROLINA ATHLETIC COACHES ASSOCIATION HALL OF FAME.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5235 (Word version) -- Rep. Sandifer: A CONCURRENT RESOLUTION TO RECOGNIZE AND THANK COMMISSIONER JAMES M. "MIKE" MCMICHAEL OF THE SOUTH CAROLINA RESIDENTIAL BUILDERS COMMISSION FOR HIS LEADERSHIP AND DEDICATED SERVICE TO THE HOME BUILDING INDUSTRY OF SOUTH CAROLINA AND TO WISH HIM WELL AS HE LEAVES THE STATE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5236 (Word version) -- Reps. Scott, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, 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, 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 EXTEND SINCERE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE BELOVED MRS. ANNIE B. DAVIS OF RICHLAND COUNTY ON THE OCCASION OF HER SIXTY-FIFTH BIRTHDAY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 5237 (Word version) -- Reps. Freeman, Lucas, Jennings and Neilson: A BILL TO AMEND ACT 1010 OF 1968, AS AMENDED, RELATING TO THE LOCAL EDUCATION ADVISORY COUNCILS IN THE CHESTERFIELD COUNTY SCHOOL DISTRICT SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THE MEMBERSHIP OF CERTAIN OF THE ADVISORY COUNCILS ARE DETERMINED.
On motion of Rep. FREEMAN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 5238 (Word version) -- Rep. Hayes: A BILL TO PROVIDE THAT BEGINNING WITH FISCAL YEAR 2002-2003, THE SCHOOL TAX MILLAGE LEVIED IN DILLON COUNTY IS INCREASED BY ONE ADDITIONAL MILL WITH THE PROCEEDS THEREFROM TO BE USED FOR NORTHEAST TECHNICAL COLLEGE.
On motion of Rep. HAYES, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 5239 (Word version) -- Rep. Townsend: A BILL TO AMEND ACT 510 OF 1982, AS AMENDED, RELATING TO THE ANDERSON COUNTY BOARD OF EDUCATION, SO AS TO REAPPORTION THE DISTRICTS FROM WHICH BOARD MEMBERS ARE ELECTED AND DELETE PREVIOUS APPORTIONMENT AND REAPPORTIONMENT PLANS.
Referred to Anderson Delegation
On motion of Rep. LUCAS, with unanimous consent, the following was taken up for immediate consideration:
H. 5240 (Word version) -- Reps. Lucas, Simrill, Meacham-Richardson and Kirsh: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO KELTY ALLEN, A STUDENT AT THE SOUTH CAROLINA GOVERNOR'S SCHOOL FOR SCIENCE AND MATHEMATICS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, TO CONGRATULATE HER ON A PERFECT SCORE OF 1600 ON THE SAT.
Be it resolved by the House of Representatives:
That the members of the South Carolina House of Representatives, by this resolution, extend the privilege of the floor of the House of Representatives to Kelty Allen, a student at the Governor's School for Science and Mathematics, at a date and time to be determined by the Speaker, to congratulate her on a perfect score of 1600 on the SAT.
The Resolution was adopted.
On motion of Rep. LUCAS, with unanimous consent, the following was taken up for immediate consideration:
H. 5241 (Word version) -- Reps. Lucas, Simrill, Meacham-Richardson and Kirsh: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO ANNA HARDIN, A STUDENT AT THE SOUTH CAROLINA GOVERNOR'S SCHOOL FOR SCIENCE AND MATHEMATICS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, TO CONGRATULATE HER ON A PERFECT SCORE OF 1600 ON THE SAT.
Be it resolved by the House of Representatives:
That the members of the South Carolina House of Representatives, by this resolution, extend the privilege of the floor of the House of Representatives to Anna Hardin, a student at the Governor's School for Science and Mathematics, at a date and time to be determined by the Speaker, to congratulate her on a perfect score of 1600 on the SAT.
The Resolution was adopted.
The following was introduced:
H. 5242 (Word version) -- Reps. Lucas, Simrill, Meacham-Richardson and Kirsh: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE ANNA HARDIN AND KELTY ALLEN, ROOMMATES AT THE SOUTH CAROLINA GOVERNOR'S SCHOOL FOR SCIENCE AND MATHEMATICS, FOR THEIR AMAZING ACCOMPLISHMENT OF BOTH SCORING A PERFECT 1600 ON THE SAT ON MARCH 16, 2002.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5243 (Word version) -- Rep. Kelley: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE SERGEANT PHILLIP CAIN OF HORRY COUNTY ON BEING NAMED MYRTLE BEACH POLICE OFFICER OF THE YEAR.
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:
Allison Altman Askins Bales Barfield Barrett Battle Bingham Bowers Breeland Brown, G. Brown, J. Brown, R. Campsen Carnell Cato Chellis Clyburn Coates Coleman Cooper Cotty Dantzler Davenport Easterday Emory Fleming Freeman Frye Gilham Gourdine Govan Harrell Harrison Harvin Haskins Hayes Hines, J. Hines, M. Hinson Howard Huggins Jennings Kelley Kennedy Kirsh Klauber Koon Leach Lee Littlejohn Lloyd Loftis 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 Rivers Rutherford Sandifer Scarborough Scott Sharpe Sheheen Simrill Sinclair Smith, D.C. Smith, G.M. Smith, J.E. Smith, J.R. Snow Stille Stuart Talley Taylor Thompson Townsend Tripp Trotter Vaughn Walker Webb Weeks Whatley Whipper White Wilder Wilkins Witherspoon Young, A. Young, J.
I came in after the roll call and was present for the Session on Wednesday, May 8.
Karl Allen Doug Smith H.B. "Chip" Limehouse Gilda Cobb-Hunter Fletcher Smith Glenn Hamilton Tracy Edge Greg Delleney Richard Quinn Joseph Neal James Law
STATEMENTS OF ATTENDANCE
Reps. J. H. NEAL and QUINN signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Tuesday, May 7.
Announcement was made that Dr. Robert W. Cain of Charleston is the Doctor of the Day for the General Assembly.
Reps. ASKINS and COATES presented to the House the Lake City High School Wrestling Team, 2002 Class AAA Region 6 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. 3047 (Word version)
Date: ADD:
05/08/02 A. YOUNG
Bill Number: H. 4248 (Word version)
Date: ADD:
05/08/02 BREELAND
Bill Number: H. 4248 (Word version)
Date: ADD:
05/08/02 CAMPSEN
Bill Number: H. 4248 (Word version)
Date: ADD:
05/08/02 CHELLIS
Bill Number: H. 4248 (Word version)
Date: ADD:
05/08/02 DANTZLER
Bill Number: H. 4248 (Word version)
Date: ADD:
05/08/02 MACK
Bill Number: H. 4248 (Word version)
Date: ADD:
05/08/02 SCARBOROUGH
Bill Number: H. 4248 (Word version)
Date: ADD:
05/08/02 WHATLEY
Bill Number: H. 4484 (Word version)
Date: ADD:
05/08/02 BOWERS
Bill Number: H. 5179 (Word version)
Date: ADD:
05/08/02 HARVIN
The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification:
S. 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.
Rep. PHILLIPS moved to adjourn debate upon the following Bill until Thursday, May 9, which was adopted:
S. 1205 (Word version) -- Senator Peeler: A BILL TO AMEND ACT 587 OF 1992, RELATING TO THE DISTRICTS FROM WHICH MEMBERS OF THE BOARD OF TRUSTEES OF CHEROKEE COUNTY SCHOOL DISTRICT 1 ARE TO BE ELECTED, SO AS TO PROVIDE THAT BEGINNING WITH THE GENERAL ELECTION IN 2002, MEMBERS MUST BE ELECTED FROM THE SCHOOL DISTRICT AT-LARGE.
Rep. R. BROWN moved to adjourn debate upon the following Bill until Tuesday, May 14, which was adopted:
S. 117 (Word version) -- Senators Ravenel, Branton, Grooms and Mescher: 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 PROVIDE FOR TWO ADDITIONAL MEMBERS OF THE BOARD TO BE ELECTED FROM THE EAST OF COOPER AREA AS DEFINED HEREIN BEGINNING IN 2002.
The following Bill and Joint Resolution were taken up, read the third time, and ordered returned to the Senate with amendments:
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.
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.
The following Bills were taken up, read the third time, and ordered sent to the Senate:
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.
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.
The following Bill was taken up:
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.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\AMEND\ 9112HTC02), which was adopted:
Amend the bill, as and if amended, in Section 11-41-20(3), as contained in SECTION 1, page 2, on line 23, by striking /six/ and inserting /five and one-half/ so that when amended, Section 11-41-20(3) reads:
/ (3) In order to foster economic development within the State, it is in the best interests of the State that the limitation on general obligation debt imposed by Article X, Section 13(6)(c) be increased to five and one-half percent with the additional debt service capacity available at any time as a consequence of the increase available only for the repayment of general obligation bonds issued to provide infrastructure for economic development within the State. /
Amend further, as and if amended, in Section 11-41-30(3), as contained in SECTION 1, page 3, by striking subitems (g) and (h) and inserting:
/ (g) employee training which may include equipment used for such purpose;
(h) environmental mitigation; and
(i) training and research facilities and the necessary equipment therefor. /
Amend further, as and if amended, in Section 11-41-50, as contained in SECTION 1, page 4, line 3, by striking /six/ and inserting /five and one-half/ so that when amended, Section 11-41-50 reads:
/ Section 11-41-50. Pursuant to Article X, Section 13(6)(c) of the Constitution of this State, the General Assembly provides that the maximum annual debt service on all general obligation bonds of the State, including economic development bonds, but excluding highway bonds, state institution bonds, tax anticipation notes, and bond anticipation notes, must not exceed five and one-half percent of the general revenues of the State for the fiscal year next preceding, excluding revenues which are authorized to be pledged for state highway bonds and state institution bonds. The State at any time must not have outstanding general obligation bonds, excluding economic development bonds, highway bonds, state institution bonds, tax anticipation notes, and bond anticipation notes, the maximum annual debt service on which exceeds five percent of the general revenues of the State for the fiscal year next preceding, excluding revenues which are authorized to be pledged for state highway bonds and state institution bonds. /
Amend further, as and if amended, in Section 11-41-60, as contained in SECTION 1, page 4, by inserting before /one/ on line 16 /one-half of/ so that when amended, Section 11-41-60 reads:
/ Section 11-41-60. The maximum annual debt service on bonds issued pursuant to this chapter must not exceed one-half of one percent of the general revenues of this State for the fiscal year next preceding, excluding revenues which are authorized to be pledged for state highway bonds and state institution bonds. /
Amend title to conform.
Rep. HARRELL explained the amendment.
The amendment was then adopted.
Rep. HARRELL demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Allison Altman Askins Bales Barfield Barrett Battle Bingham Bowers Breeland Brown, G. Brown, J. Brown, R. Campsen Carnell Cato Chellis Clyburn Coates Cobb-Hunter Coleman Cooper Cotty Dantzler Delleney Easterday Edge Emory Fleming Freeman Frye Gilham Gourdine Govan Hamilton Harrell Harrison Harvin Haskins Hayes Hines, J. Hines, M. Hinson Howard Huggins Jennings Kelley Kennedy Kirsh Klauber Koon Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack McCraw McGee McLeod Meacham-Richardson Merrill Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Ott Owens Parks Perry Phillips Quinn Rhoad Rice Riser Rivers Rutherford 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 Stuart Talley Taylor Thompson Townsend Tripp Trotter Vaughn Walker Webb Weeks Whatley Whipper White Wilder Wilkins Witherspoon Young, A.
Those who voted in the negative are:
Davenport Sheheen Stille
So, the Bill, having received the necessary two-thirds vote, was passed and ordered to third reading.
The following Joint Resolution was taken up:
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.
Rep. KELLEY proposed the following Amendment No. 2 (Doc Name COUNCIL\BBM\AMEND\9145HTC02), which was adopted:
Amend the joint resolution, as and if amended, by adding two appropriately marked SECTIONS to read:
/ SECTION __. It is proposed that Section 11, Article X of the Constitution of this State be amended by adding at the end:
"Notwithstanding any other provision of this section, a municipality, county, special purpose district, or public service district of this State which provides firefighting service and which administers a separate pension plan for its employees performing this service may invest and reinvest the funds in this pension plan in equity securities traded on a national securities exchange as provided in the Securities Exchange Act of 1934 or a successor act, or in equity securities quoted through the National Association of Securities Dealers Automatic Quotations System or similar service."
SECTION __. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 11, Article X of the Constitution of this State relating to restrictions on pledging the credit of the State or its political subdivisions for a private purpose and the restrictions on the State or its political subdivisions from becoming a joint owner or stockholder of a business, be amended so as to allow a municipality, county, special purpose district, or public service district of this State which provides firefighting service and which administers a separate pension plan for its employees performing this service to invest and reinvest the funds in this pension plan in equity securities traded on a national securities exchange as provided in the Securities Exchange Act of 1934 or a successor act, or in equity securities quoted through the National Association of Securities Dealers Automatic Quotations System or similar service?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'." /
Renumber sections to conform.
Amend totals and title to conform.
Rep. KELLEY explained the amendment.
The amendment was then adopted.
Rep. HARRELL proposed the following Amendment No. 3 (Doc Name COUNCIL\BBM\AMEND\9147HTC02), which was adopted:
Amend the joint resolution, as and if amended, by striking SECTION 3 in its entirety.
Renumber sections to conform.
Amend totals and title to conform.
Rep. HARRELL explained the amendment.
The amendment was then adopted.
Reps. BALES, SCOTT, OTT, RIVERS, LLOYD, RUTHERFORD, J. H. NEAL, HARRELL, JENNINGS, RISER, COOPER, KELLEY, ALTMAN, J. R. SMITH, MERRILL, HINSON, HOWARD, WHITE and MOODY-LAWRENCE requested debate on the Joint Resolution.
The following Joint Resolution was taken up:
S. 926 (Word version) -- Senators Ritchie, Ford, Hutto, Drummond, Matthews, Reese, Martin, Moore, Setzler, Fair and Holland: A JOINT RESOLUTION TO REQUIRE THE STATE PORTS AUTHORITY TO BEGIN ENVIRONMENTAL IMPACT STUDIES AND OTHER REQUIRED ACTIONS IN REGARD TO THE PERMITTING PROCESS TO LOCATE A NEW TERMINAL FACILITY ON THE WEST BANK OF THE COOPER RIVER AT A LOCATION IT DETERMINES APPROPRIATE, TO ESTABLISH CERTAIN CRITERIA TO BE USED IN REGARD TO THE LOCATION OF THIS TERMINAL FACILITY, TO AUTHORIZE THE STATE PORTS AUTHORITY TO BEGIN THE PROCESS OF ACQUIRING ANY REAL PROPERTY NECESSARY FOR THIS NEW FACILITY AT THIS LOCATION, TO PROVIDE THAT THE PORTS AUTHORITY AT THE COMPLETION OF THE PERMITTING PROCESS SHALL RENDER A REPORT TO THE GENERAL ASSEMBLY CONCERNING THE NEW TERMINAL FACILITY WHICH SHALL INCLUDE A PROPOSED REQUEST FOR ANY STATE FUNDING NECESSARY TO COMPLETE THE PROJECT, TO PROVIDE THAT THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION, THE PUBLIC RAILWAYS DIVISION OF THE DEPARTMENT OF COMMERCE, AND THE STATE INFRASTRUCTURE BANK ARE DIRECTED TO EXPLORE ALL POTENTIAL OPPORTUNITIES FOR FEDERAL FUNDING OF THE INFRASTRUCTURE ENHANCEMENTS FOR PORT EXPANSION ON THE WESTERN SIDE OF THE COOPER RIVER, TO PROVIDE THAT THE STATE BUDGET AND CONTROL BOARD SHALL TAKE APPROPRIATE STEPS TO PROVIDE INDEMNIFICATION TO THE STATE PORTS AUTHORITY BOARD MEMBERS FROM ANY PERSONAL LIABILITY RELATED TO THEIR SERVICE ON THE BOARD IN REGARD TO FUNDING PROVIDED TO THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK FOR THE COOPER RIVER BRIDGE, AND TO PROVIDE THAT A STATE ENTITY WHICH ACQUIRES REAL PROPERTY FROM THE FEDERAL GOVERNMENT OR FROM A STATE INSTRUMENTALITY OR REDEVELOPMENT AGENCY WHICH ACQUIRED IT FROM THE FEDERAL GOVERNMENT SHALL BE PERMITTED THE SAME USE OF THE PROPERTY AS WAS THE FEDERAL GOVERNMENT AND TO PROVIDE THAT NO COUNTY OR MUNICIPALITY BY ZONING OR OTHER MEANS MAY RESTRICT THIS PERMITTED USE OR ENJOYMENT OF THE PROPERTY.
Rep. HARRELL explained the Joint Resolution.
Reps. MACK, BREELAND, WHATLEY, WHIPPER, J. BROWN, DANTZLER, HARRELL, MERRILL, PERRY, LIMEHOUSE, J. R. SMITH, COOPER, MOODY-LAWRENCE, CHELLIS, COTTY, HINSON, J. HINES, G. BROWN, MILLER, OTT, J. H. NEAL and BALES requested debate on the Joint Resolution.
Rep. HARRELL moved that the House recur to the Morning Hour, which was agreed to.
Rep. LIMEHOUSE, from the Charleston Delegation, submitted a favorable report on:
H. 4248 (Word version) -- Reps. R. Brown, Breeland, Campsen, Chellis, Dantzler, Mack, Scarborough and Whatley: A BILL TO AMEND ACT 369 OF 1959, AS AMENDED, RELATING TO THE ST. JOHN'S FIRE DISTRICT IN CHARLESTON COUNTY, SO AS TO INCREASE FROM ONE TO FIFTEEN THOUSAND DOLLARS THE LIMIT ON PROCUREMENT OF EQUIPMENT OR MATERIAL WITHOUT ADVERTISING FOR BIDS.
Ordered for consideration tomorrow.
The following was introduced:
H. 5244 (Word version) -- Reps. Phillips, McCraw and Littlejohn: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND JAMES D. BATCHLER OF CHEROKEE COUNTY FOR HIS TIME AND EFFORT GIVEN TO HELP RAISE FUNDS TO ESTABLISH A LIBRARY IN BLACKSBURG AND HIS MANY OTHER CONTRIBUTIONS TO THE COMMUNITY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. SHARPE, with unanimous consent, the following was taken up for immediate consideration:
H. 5245 (Word version) -- Rep. Sharpe: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE KING ACADEMY GIRLS BASKETBALL TEAM, COACHES, STAFF, AND OTHER OFFICIALS ON MAY 9, 2002, FOR THE PURPOSE OF BEING RECOGNIZED FOR WINNING THE 2002 SOUTH CAROLINA INDEPENDENT SCHOOL ATHLETIC ASSOCIATION AA STATE CHAMPIONSHIP.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives be extended to the King Academy Girls Basketball Team, coaches, staff, and other officials on May 9, 2002, at a time to be determined by the Speaker, for the purpose of being recognized for winning the 2002 South Carolina Independent School Athletic Association AA State Championship.
The Resolution was adopted.
The following Bill was taken up:
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.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\AMEND\ 9113HTC02):
Amend the bill, as and if amended, Section 4-10-330(C) as contained in SECTION 1, page 2, line 6, by inserting after / tax /:
/ in effect on or before June 1, 2002, and /.
When amended Section 4-10-330(C) reads:
/ (C) Upon receipt of the ordinance, the county election commission must conduct a referendum on the question of imposing the sales and use tax in the area of the county that is to be subject to the tax. If the ordinance is received prior to October 1, 1997, a referendum for this purpose may be held on Tuesday, November 4, 1997; however, if the ordinance is received on October 1, 1997, or thereafter, a The referendum for this purpose must be held at the time of the general election unless the vote is to reimpose a tax in effect on or before June 1, 2002, and in existence at the time of such vote, in which case the referendum may be held on a general election day or at a time the governing body of the county and the Department of Revenue determine necessary to permit the tax to be reinstated and continue without interruption. The choice of election times rests with the governing body of the county. Two weeks before the referendum the election commission must publish in a newspaper of general circulation the question that is to appear on the ballot, with the list of projects and the cost of the projects. This notice is in lieu of any other notice otherwise required by law. /
Amend further, as and if amended, by adding an appropriately numbered penultimate SECTION to read:
/ SECTION __. Section 4-10-350(B) of the 1976 Code, as added by Act 138 of 1997, is amended to read:
"(B) The tax authorized by this article is in addition to all other local sales and use taxes and applies to the gross proceeds of sales in the applicable area that is subject to the tax imposed by Chapter 36 of Title 12 and the enforcement provisions of Chapter 54 of Title 12. The gross proceeds of the sale of items subject to a maximum tax in Chapter 36 of Title 12 are exempt from the tax imposed by this article. Food items eligible for purchase with United States Department of Agriculture food coupons are exempt from the tax imposed pursuant to this article if the tax is first imposed in a county after June 30, 2002, or when the tax is reimposed in a county or otherwise extended beyond the original termination date in a county after June 30, 2002. The tax imposed by this article also applies to tangible personal property subject to the use tax in Article 13, Chapter 36 of Title 12." /
Renumber sections to conform.
Amend title to conform.
Rep. J. R. SMITH explained the amendment.
Rep. MCLEOD spoke against the amendment.
Reps. SCOTT, BALES, MCLEOD, WILDER, HOWARD, J. R. SMITH, KIRSH, D. C. SMITH, PHILLIPS, SHARPE and LLOYD requested debate on the Bill.
The following Bill was taken up:
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.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\AMEND\ 9092HTC02), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/ SECTION 1. Items (1) and (3) of Section 12-60-2510(A), as last amended by Act 283 of 2000, are further amended to read:
"(1) In the case of property tax assessments made by the county assessor, whenever the assessor increases the fair market value or special use value in making a property tax assessment by one thousand dollars or more, or whenever the first property tax assessment is made on the property by a county assessor, the assessor, by July first in the year in which the property tax assessment is made, or as soon after as is practical, shall send the taxpayer a property tax assessment notice. In years when real property is appraised and assessed under a county countywide equalization program, substantially all property tax assessment notices must be mailed by February October first of the implementation year. In these reassessment years, if substantially all of the tax assessment notices are not mailed by February October first, the prior year's property tax assessment must be the basis for all property tax assessments for the current tax year. A property tax assessment notice under this subsection must be in writing and must include:
(a) the fair market value;
(b) value as limited by Section 12-37-223A, if applicable;
(c) the special use value, if applicable;
(d) the assessment ratio;
(e) the property tax assessment;
(f) the number of acres or lots;
(g) the location of the property;
(h) the tax map number; and
(i) the appeal procedure.
(3) In years when there is a notice of property tax assessment, the property taxpayer must, within thirty ninety days after the assessor mails the property tax assessment notice, must give the assessor written notice of objection to one or more of the following: the fair market value, the special use value, the assessment ratio, and the property tax assessment." /
Amend title to conform
Rep. COOPER explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 5207 (Word version) -- Reps. Kennedy, Snow and Harvin: A BILL TO PROVIDE THAT THE TERMS OF THE TWO MEMBERS OF THE BOARD OF TRUSTEES OF THE WILLIAMSBURG COUNTY SCHOOL DISTRICT ELECTED AT-LARGE SHALL EXPIRE ON THE EFFECTIVE DATE OF THIS ACT AT WHICH TIME THE MEMBERSHIP OF THE BOARD SHALL CONSIST OF THE SEVEN MEMBERS ELECTED FROM THE SAME ELECTION DISTRICTS AS ARE MEMBERS OF THE GOVERNING BODY OF WILLIAMSBURG COUNTY.
Rep. KENNEDY moved to waive Rule 5.12, which was agreed to by a division vote of 12 to 0.
The Bill was read the second time and ordered to third reading.
The following Bill was taken up:
H. 4429 (Word version) -- Rep. Askins: A BILL TO AMEND SECTION 54-7-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE SOUTH CAROLINA UNDERWATER ANTIQUITIES ACT OF 1991, SO AS TO REVISE THE DEFINITIONS OF "FIELD ARCHAEOLOGIST", "STATE ARCHAEOLOGIST", AND "UNDERTAKING"; TO AMEND SECTION 54-7-670, AS AMENDED, RELATING TO A HOBBY LICENSE FOR PERSONS WISHING TO CONDUCT TEMPORARY, INTERMITTENT, RECREATIONAL, SMALL SCALE, NONCOMMERCIAL SEARCH, AND RECOVERY OF SUBMERGED PROPERTY, SO AS TO REVISE THE LICENSE FEE, DELETE ALL OTHER CATEGORIES OF HOBBY LICENSES EXCEPT A TWO-YEAR LICENSE; AND DELETE THE REQUIREMENT TO FILE CERTAIN REPORTS UNDER A HOBBY LICENSE WITHIN A WEEK AFTER DIVING ACTIVITIES TOOK PLACE; TO AMEND SECTION 54-7-710, RELATING TO CRITERIA FOR ISSUING AN EXCLUSIVE LICENSE, SO AS TO CHANGE CERTAIN CRITERIA; TO AMEND SECTION 54-7-740, RELATING TO ADDITIONAL PROVISIONS APPLICABLE TO LICENSES ISSUED BY THE STATE ARCHAEOLOGIST, SO AS TO CHANGE THIS TITLE TO THE STATE UNDERWATER ARCHAEOLOGIST; TO AMEND SECTION 54-7-800, RELATING TO THE SUSPENSION OF A LICENSE ISSUED BY THE INSTITUTE OF ARCHAEOLOGY AND ANTHROPOLOGY, SO AS TO CHANGE THE TITLE OF THE STATE ARCHAEOLOGIST TO THE STATE UNDERWATER ARCHAEOLOGIST; TO AMEND SECTION 54-7-810, RELATING TO PENALTIES FOR VIOLATIONS OF CERTAIN PROVISIONS OF THE SOUTH CAROLINA UNDERWATER ANTIQUITIES ACT OF 1991, SO AS TO DELETE REFERENCES TO SECTION 54-7-680 WHICH IS REPEALED BY THIS ACT; TO AMEND SECTION 54-7-820, RELATING TO THE RETENTION AND DISTRIBUTION OF DATA FOR RESEARCH OR EDUCATIONAL PURPOSES, SO AS TO CHANGE THE TITLE OF THE STATE ARCHAEOLOGIST TO THE STATE UNDERWATER ARCHAEOLOGIST; AND TO REPEAL SECTION 54-7-680 RELATING TO THE ISSUANCE OF AN INSTRUCTIONAL LICENSE TO ALLOW STUDENT DIVERS OR CHARTER GROUP DIVERS WITHOUT INDIVIDUAL HOBBY LICENSES TO COLLECT ARTIFACTS.
Rep. WITHERSPOON proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\AMEND\22488CM02), which was adopted:
Amend the bill, as and if amended, by striking SECTION 4, page 3, in its entirety and inserting:
/ SECTION 4. Section 54-7-670(B), (C), and (D) of the 1976 Code are amended to read:
"(B) A person desiring to apply for a hobby license shall submit a completed application on a standard form prescribed by the institute together with a license fee. A license fee of five dollars for residents of this State and ten dollars for nonresidents must be charged for a six-month hobby license. A license fee of eighteen dollars for residents of this State and thirty-six dollars for nonresidents must be charged for a two-year hobby license. A license fee of five dollars must be charged for a two-day weekend hobby license.
(C) This nonexclusive statewide license may be granted optionally for a six-month or two-year period and must be renewed within the period for which the license is granted. An optional weekend, two-day hobby license may be granted to nonresidents for the purpose of collecting during a brief visit to this State. This license may be issued by any dive shop in this State.
(D) There are two categories of hobby licenses, individual and instructional. Individual licenses Licenses may be granted to individuals or members of an immediate family. Instructional licenses may be granted to a skin and scuba diving instructor or an organized training facility."
Amend title to conform.
Rep. WITHERSPOON explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The motion of Rep. BATTLE to reconsider the vote whereby the Senate Amendments were concurred in to the following Bill was taken up:
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. BATTLE moved to table the motion to reconsider.
Rep. BARRETT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Altman Askins Bales Bowers Breeland Brown, G. Brown, J. Brown, R. Clyburn Coleman Cotty Dantzler Davenport Delleney Easterday Edge Emory Fleming Freeman Gourdine Govan Harrison Harvin Hayes Hines, J. Hines, M. Hinson Howard Jennings Klauber Lloyd Lourie Lucas Mack McGee McLeod Merrill Neal, J.H. Neal, J.M. Neilson Ott Parks Phillips Rivers Rutherford Scott Sheheen Sinclair Smith, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, W.D. Snow Talley Weeks Whipper Wilder Young, J.
Those who voted in the negative are:
Allison Barrett Battle Bingham Chellis Coates Cooper Frye Gilham Harrell Huggins Kelley Kirsh Koon Leach Limehouse Littlejohn Loftis Martin McCraw Owens Perry Rice Riser Sandifer Scarborough Sharpe Simrill Smith, J.R. Stille Stuart Thompson Townsend Tripp Trotter Walker Webb Whatley White Witherspoon Young, A.
So, the motion to reconsider was tabled.
I was granted a leave of absence for the afternoon, however, I would have voted no on the motion to reconsider H. 4656.
Rep. Harry Cato
The SPEAKER granted Rep. F. N. SMITH a leave of absence for the remainder of the day to attend a funeral.
On motion of Rep. TOWNSEND, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works:
S. 1157 (Word version) -- Senator Alexander: A BILL TO PROVIDE THAT STUDENTS WHO RESIDE IN AND ATTEND A PUBLIC SCHOOL IN OCONEE COUNTY AND WHO PARTICIPATE IN INTERSCHOLASTIC SOCCER OR AS A MEMBER OF A SCHOOL SOCCER SQUAD MAY PARTICIPATE IN ORGANIZED SOCCER THAT IS INDEPENDENT OF THE CONTROL OF THE SCHOOL UNDER CERTAIN CONDITIONS, AND TO PROVIDE THAT A SCHOOL OR STUDENT IN THOSE SCHOOLS IS ELIGIBLE FOR PARTICIPATION IN INTERSCHOLASTIC SOCCER IN SPITE OF THE PARTICIPATION OF THE STUDENT OF THE SCHOOL AS A MEMBER OF AN ORGANIZED SOCCER TEAM INDEPENDENT OF THE SCHOOL'S CONTROL.
On motion of Rep. ASKINS, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Medical, Military, Public and Municipal Affairs:
S. 1221 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO VITAL STATISTICS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2719, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Rep. KLAUBER, with unanimous consent, the following Bill was ordered recalled from the Senate:
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.
On motion of Rep. LEACH, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary:
S. 1249 (Word version) -- Senators Short and Fair: A BILL TO AMEND SECTION 20-7-1570, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNSEL FOR A GUARDIAN AD LITEM, SO AS TO PROVIDE THAT COUNSEL MUST BE APPOINTED FOR A GUARDIAN AD LITEM WHO IS NOT AN ATTORNEY IN ANY CASE THAT IS CONTESTED; TO AMEND SECTION 20-7-1690, RELATING TO THE REIMBURSEMENT FOR FEES AND COSTS FOR THE CONSENT OR RELINQUISHMENT OF A CHILD FOR ADOPTION, SO AS TO PROVIDE THAT THE COURT MAY APPROVE AN ADOPTION WHILE NOT APPROVING UNREASONABLE FEES AND COSTS; TO AMEND SECTION 20-7-1700, RELATING TO FUTURE CHILD SUPPORT OBLIGATIONS AFTER THE CONSENT OR RELINQUISHMENT HAS BEEN GIVEN FOR AN ADOPTION, SO AS TO PROVIDE THAT THE GIVING OF CONSENT OR RELINQUISHMENT FOR AN ADOPTION RELIEVES A PERSON OF ALL RIGHTS AND OBLIGATIONS, INCLUDING FUTURE CHILD SUPPORT OBLIGATIONS; TO AMEND SECTION 20-7-1770, RELATING TO OPEN AND COOPERATIVE ADOPTIONS, SO AS TO PROVIDE THAT A FINAL ADOPTION DECREE IS NOT AFFECTED BY AN AGREEMENT ENTERED INTO BEFORE THE ADOPTION BETWEEN A CHILD'S ADOPTIVE AND BIOLOGICAL PARENTS CONCERNING VISITATION, EXCHANGE OF INFORMATION, OR OTHER INTERACTION BETWEEN THE CHILD AND ANY OTHER PERSON.
The Senate amendments to the following Bill were taken up for consideration:
H. 4878 -- Ways and Means Committee: GENERAL APPROPRIATIONS BILL.
Rep. HARRELL proposed the following Amendment No. 1A (Doc Name COUNCIL\BBM\AMEND\9090HTC02), which was adopted:
Amend the bill, as and if amended, by striking the version of the bill as passed by the Senate and inserting the version of the bill as passed by the House of Representatives, and the text of that version is hereby incorporated into this amendment.
Renumber sections to conform.
Amend totals and title to conform.
Rep. HARRELL explained the amendment.
The question then recurred to the adoption of the amendment.
Rep. MOODY-LAWRENCE demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barrett Bingham Campsen Carnell Chellis Coates Cooper Cotty Dantzler Davenport Delleney Easterday Edge Fleming Frye Gilham Hamilton Harrell Harrison Harvin Haskins Hinson Huggins Kelley Kirsh Klauber Koon Leach Limehouse Littlejohn Loftis Lucas McCraw McGee Meacham-Richardson Merrill Owens Parks Perry Phillips Quinn Rice Riser Sandifer Scarborough Sharpe Sheheen Simrill Sinclair Smith, D.C. Smith, G.M. Smith, J.R. Smith, W.D. Stille Stuart Talley Taylor Thompson Townsend Tripp Trotter Vaughn Walker Webb Whatley White Wilkins Witherspoon Young, A. Young, J.
Those who voted in the negative are:
Allen Askins Bales Battle Bowers Breeland Brown, G. Brown, J. Brown, R. Clyburn Cobb-Hunter Emory Freeman Gourdine Govan Hines, J. Hines, M. Howard Jennings Lloyd Lourie Mack McLeod Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Ott Rhoad Rivers Rutherford Scott Smith, J.E. Snow Weeks Wilder
So, the amendment was adopted.
Reps. J. E. SMITH, J. H. NEAL, LOURIE, STUART, G.M. SMITH AND WILDER proposed the following Amendment No. 2A (Doc Name COUNCIL\BBM\AMEND\9122HTC02):
Amend the bill, as and if amended, in Part IB, Section 72, General Provisions, paragraph 72.96, page 530, by inserting beginning on line 20:
/ There is imposed a surtax of twenty-two mills on each cigarette subject to the license tax imposed pursuant to Section 12-21-620(1) of the 1976 Code during the current fiscal year. For all purposes of reporting, payment, and collection, this surtax is deemed to be imposed pursuant to Section 12-21-610 of the 1976 Code except that the revenue of the surtax must be credited to the Medicaid expansion fund established pursuant to Section 44-6-155 of the 1976 Code and the revenue is appropriated and authorized to be expended for the same purposes as the revenues of that fund. At such time as this surtax has raised revenues equal to at least one hundred eighty-five million dollars as certified by the Director of the Department of Revenue, this surtax lapses effective with the first day of the month beginning after the month in which the certification was made. The Department of Health and Human Services shall comprehensively examine the South Carolina Medicaid Program, and any other relevant information available, in order to make a detailed and careful analysis of the State Medicaid Plan, the federal laws pertaining to the program, and all other laws of the State which have a bearing upon the Medicaid program. The department shall report on a sample of Medicaid programs in other states and recommend changes in the SC Medicaid program structure regarding eligibility, type, scope, and duration of services, together with predicted General Fund revenue, to the end that the State Medicaid Plan will be more stable and affordable for the taxpayers of the State. The department shall make recommendations for changes to state laws and federal laws, as well as the State Medicaid Plan, with the express purpose of financially managing the system, implementing cost savings opportunities while identifying ways to address any program limitations, methods for increasing the agency's discretion in administering the program, adjusting eligibility standards, providing limited services to those who currently have no health insurance, improving the accuracy and integrity of the eligibility determination program and use of automation for efficiency, program integrity and cost-savings.
This comprehensive analysis shall be submitted to the Governor, the Chairman of the House Ways and Means Committee and the Chairman of the Senate Finance Committee by January 15, 2003. The department shall initiate steps, upon submission of this analysis, to conduct a public hearing with interested parties regarding this analysis and to obtain feedback from these parties for use in the budgetary process during the upcoming legislative session./
Renumber sections to conform.
Amend totals and title to conform.
Rep. J. E. SMITH explained the amendment.
Rep. BATTLE raised the Point of Order that Amendment No. 2A was out of order in that it was in violation of Code Section 11-11-440.
SPEAKER WILKINS stated that the amendment affected temporary provisions of the code section, not permanent provisions and therefore was not in violation of Code Section 11-11-440. He overruled the Point of Order.
Rep. J. E. SMITH continued speaking.
Rep. LOURIE spoke in favor of the amendment.
Rep. LOURIE spoke in favor of the amendment.
Rep. RUTHERFORD spoke in favor of the amendment.
Rep. TRIPP spoke against the amendment.
The SPEAKER granted Rep. M. HINES a leave of absence for the remainder of the day.
Rep. TRIPP continued speaking.
Rep. J. H. NEAL spoke in favor of the amendment.
Rep. RHOAD moved that the House recede until 2:30 p.m., which was agreed to.
Further proceedings were interrupted by the House receding, the pending question being consideration of Amendment No. 2A.
At 2:30 p.m. the House resumed, the SPEAKER in the Chair.
The SPEAKER granted Rep. TROTTER a leave of absence for the remainder of the day due to business reasons.
The question of a quorum was raised.
A quorum was later present.
H. 4878--SENATE AMENDMENTS AMENDED AND RETURNED TO THE SENATE
Debate was resumed on the Senate Amendments to the following Bill, the pending question being the consideration of Amendment No. 2A:
H. 4878 -- Ways and Means Committee: GENERAL APPROPRIATIONS BILL.
Reps. J. E. SMITH, J. H. NEAL, LOURIE, STUART, G.M. SMITH AND WILDER proposed the following Amendment No. 2A (Doc Name COUNCIL\BBM\AMEND\9122HTC02), which was tabled:
Amend the bill, as and if amended, in Part IB, Section 72, General Provisions, paragraph 72.96, page 530, by inserting beginning on line 20:
/ There is imposed a surtax of twenty-two mills on each cigarette subject to the license tax imposed pursuant to Section 12-21-620(1) of the 1976 Code during the current fiscal year. For all purposes of reporting, payment, and collection, this surtax is deemed to be imposed pursuant to Section 12-21-610 of the 1976 Code except that the revenue of the surtax must be credited to the Medicaid expansion fund established pursuant to Section 44-6-155 of the 1976 Code and the revenue is appropriated and authorized to be expended for the same purposes as the revenues of that fund. At such time as this surtax has raised revenues equal to at least one hundred eighty-five million dollars as certified by the Director of the Department of Revenue, this surtax lapses effective with the first day of the month beginning after the month in which the certification was made. The Department of Health and Human Services shall comprehensively examine the South Carolina Medicaid Program, and any other relevant information available, in order to make a detailed and careful analysis of the State Medicaid Plan, the federal laws pertaining to the program, and all other laws of the State which have a bearing upon the Medicaid program. The department shall report on a sample of Medicaid programs in other states and recommend changes in the SC Medicaid program structure regarding eligibility, type, scope, and duration of services, together with predicted General Fund revenue, to the end that the State Medicaid Plan will be more stable and affordable for the taxpayers of the State. The department shall make recommendations for changes to state laws and federal laws, as well as the State Medicaid Plan, with the express purpose of financially managing the system, implementing cost savings opportunities while identifying ways to address any program limitations, methods for increasing the agency's discretion in administering the program, adjusting eligibility standards, providing limited services to those who currently have no health insurance, improving the accuracy and integrity of the eligibility determination program and use of automation for efficiency, program integrity and cost-savings.
This comprehensive analysis shall be submitted to the Governor, the Chairman of the House Ways and Means Committee and the Chairman of the Senate Finance Committee by January 15, 2003. The department shall initiate steps, upon submission of this analysis, to conduct a public hearing with interested parties regarding this analysis and to obtain feedback from these parties for use in the budgetary process during the upcoming legislative session./
Renumber sections to conform.
Amend totals and title to conform.
Rep. COBB-HUNTER spoke in favor of the amendment.
Rep. COBB-HUNTER spoke in favor of the amendment.
Rep. BATTLE spoke against the amendment.
Rep. KENNEDY moved to table the amendment.
Rep. J. E. SMITH demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Battle Campsen Chellis Coates Cooper Cotty Davenport Easterday Edge Frye Harrell Harrison Harvin Hayes Hines, J. Hinson Huggins Jennings Kelley Kennedy Kirsh Klauber Law Leach Littlejohn Loftis Lucas McCraw Meacham-Richardson Merrill Miller Neilson Ott Owens Perry Quinn Rice Sandifer Sharpe Simrill Sinclair Smith, J.R. Smith, W.D. Snow Tripp Vaughn Walker Webb Wilkins Witherspoon Young, A.
Those who voted in the negative are:
Allen Bales Bowers Breeland Brown, G. Brown, J. Brown, R. Carnell Clyburn Cobb-Hunter Coleman Dantzler Delleney Emory Freeman Gilham Gourdine Govan Haskins Howard Koon Lee Lloyd Lourie Mack Martin McGee McLeod Moody-Lawrence Neal, J.H. Neal, J.M. Parks Phillips Riser Rivers Rutherford Scott Sheheen Smith, D.C. Smith, G.M. Smith, J.E. Stuart Talley Taylor Thompson Townsend Weeks White Wilder Young, J.
So, the amendment was tabled.
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Section 44, 55, 32, 46, 43 and 38
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. Tom Rhoad
My vote recorded as no, meaning not to table the amendment, should not be considered as a vote to raise the tax on cigarettes. I wanted to be heard on the amendment and Rep. Kennedy would not withdraw his motion to table the amendment. Therefore, I voted not to table. I was hoping to be heard on the issue of revenues for medicaid prescriptions.
Rep. Grady Brown
I was granted a leave of absence for the afternoon, however, I would have voted yes to table Amendment No. 2A.
Rep. Harry Cato
Rep. RICE proposed the following Amendment No. 5A (Doc Name COUNCIL\BBM\AMEND\9118HTC02), which was adopted:
Amend the bill, as and if amended, Part IB, SECTION 13, Department of Social Services, paragraph 13.25, page 424, line 30, by striking / $332/_and inserting / $312 /, on line 31, by striking /$359/ and inserting /$339/, and on line 32 by striking /$425/ and inserting /$405/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. RICE explained the amendment.
The amendment was then adopted by a division vote of 42 to 26.
Rep. TOWNSEND proposed the following Amendment No. 6A (Doc Name COUNCIL\BBM\AMEND\9117HTC02), which was adopted:
Amend the bill, as and if amended, in Part IB, Section 1, Department of Education, page 378, by adding an appropriately numbered paragraph at the end to read:
/ 1.__. (School Start Study) The State Board of Education is directed to establish a task force comprised of superintendents, principals, teachers, parents, school board members, and representatives of business and industry, including tourism-related industries no later than July 1, 2002. This task force to the extent possible shall be equally divided among proponents of existing or earlier starting dates for schools, proponents of later starting dates for schools, including proponents for dates after Labor Day, and persons who legitimately have no preferences. The task force shall make recommendations to the board including, but not limited to, a suggested uniform beginning date for the annual school term. Minimum necessary expenses, if any, associated with the work of this task force shall be paid from funds appropriated in Part 1A, Section 1 II, Other Operating Expenses. The task force shall report its findings to the State Board of Education no later than January 1, 2003. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. TOWNSEND explained the amendment.
Rep. HARRELL spoke against the amendment.
Rep. TOWNSEND spoke in favor of the amendment.
Rep. KELLEY spoke against the amendment.
Rep. LOFTIS spoke against the amendment.
Rep. WALKER spoke in favor of the amendment.
Rep. LOFTIS moved to table the amendment.
Rep. TOWNSEND demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Altman Barfield Campsen Chellis Coates Cooper Dantzler Easterday Edge Fleming Hamilton Harrell Harrison Harvin Hinson Kelley Law Leach Limehouse Loftis McGee Meacham-Richardson Merrill Miller Owens Perry Rice Scarborough Sharpe Smith, J.R. Smith, W.D. Whatley Whipper Witherspoon
Those who voted in the negative are:
Allen Bales Barrett Battle Bingham Bowers Brown, G. Brown, R. Carnell Clyburn Cobb-Hunter Coleman Cotty Davenport Delleney Emory Freeman Frye Gourdine Hayes Hines, J. Huggins Jennings Kirsh Klauber Koon Lee Littlejohn Lloyd Lourie Lucas Mack Martin McCraw McLeod Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Ott Parks Phillips Quinn Rhoad Riser Rivers Rutherford Sandifer Scott Sheheen Simrill Sinclair Smith, D.C. Smith, G.M. Smith, J.E. Snow Stille Stuart Talley Taylor Thompson Townsend Tripp Vaughn Walker Webb Weeks White Wilder Wilkins Young, J.
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. QUINN proposed the following Amendment No. 7A (Doc Name COUNCIL\BBM\AMEND\9132HTC02), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, General Provisions, page 534, line 26, by adding at the end of paragraph 72.98:
/The Office of Research and Statistics shall assist the committee in conducting analysis of the costs and benefits of the Medicaid Program and opportunities for cost containment. The Department of Health and Human Services must provide to the committee all financial and statistical date, excluding any confidential identifying information, regarding the Medicaid Program. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. QUINN explained the amendment.
The amendment was then adopted.
Rep. PERRY proposed the following Amendment No. 12A (Doc Name COUNCIL\BBM\AMEND\9139HTC02), which was adopted:
Amend the bill, as and if amended, Part IB, SECTION 8, Department of Health and Human Services, page 411, by adding an appropriately numbered paragraph at the end to read:
/ 8.__. (DHHS: Maintenance of Disability Programs) The department is directed permanently to transfer to the Department of Disabilities and Special Needs the amount of matching funds necessary to maintain disability programs at a service level not less than was provided during fiscal year 2001-2002. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. PERRY explained the amendment.
The amendment was then adopted.
Rep. HARRELL proposed the following Amendment No. 13A (Doc Name COUNCIL\BBM\AMEND\9149HTC02), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1, Department of Education, page 378, by adding an appropriately numbered paragraph at the end to read:
/ 1.__ (SDE: EAA Funding) Notwithstanding any other provision of this act or any other provision of law, any source of funding associated with the Education Accountability Act may not be decreased and must be used only for the specific purpose for which the funding was appropriated authorized. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. HARRELL explained the amendment.
The amendment was then adopted.
Reps. COOPER, A. YOUNG, TOWNSEND and ALLISON proposed the following Amendment No. 15A (Doc Name COUNCIL\PT\AMEND\1979DW02), which was adopted:
Amend the bill, as and if amended, Part IB, Section 36, Department of Public Safety, page 448, by adding an appropriately numbered paragraph to read:
/ 36.___ (DPS: Highway Patrol Outside Employment Policy) The Department of Public Safety shall develop and adopt by February 1, 2003, a statewide policy to govern outside employment of members of the highway patrol. This policy must be based on the study adopted in paragraph 36.24, Part IB of Act 66 of 2001. The department must seek input from the South Carolina Troopers Association and the Troopers Coalition in developing this policy. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. COOPER explained the amendment.
The amendment was then adopted.
Rep. SHEHEEN proposed the following Amendment No. 16A (Doc Name COUNCIL\BBM\AMEND\9143HTC02), which was adopted:
Amend the bill, as and if amended, Part IB, Section 8, Department of Health and Human Services, page 411, by adding an appropriately numbered paragraph at the end to read:
/ 8.__ (DHHS: Medicaid Monthly Maintenance Needs Allowance) The Department of Health and Human Services, phased-in ratably over five years, shall conform South Carolina's State Medicaid Monthly Maintenance Needs Allowance to the most current maximum amounts authorized by the Federal Government. The department may utilize, to the extent necessary, general funds appropriated to the agency in Part IA of this act to implement the provisions of this paragraph./
Renumber sections to conform.
Amend totals and title to conform.
Rep. SHEHEEN explained the amendment.
The amendment was then adopted.
Rep. HARRELL proposed the following Amendment No. 18A (Doc Name COUNCIL\BBM\AMEND\9156HTC02), which was adopted:
Amend the bill, as and if amended, in Part IB, SECTION 1AA, Lottery Expenditure Account, beginning on page 391, by striking paragraph 1AA.1 and inserting:
/ 1AA.1 (Education Lottery Account) For the current fiscal year, described funds from the Education Lottery Account, including net proceeds from multi-state lottery games, must be appropriated as prescribed to the following education purposes and programs and transferred by the Budget and Control Board as directed below. These appropriations must be used to supplement and not supplant existing funds for education. Distributions from the Education Lottery Account must be made on a quarterly basis by the last day of January, April, July, and October of each year, beginning in July 2002 if the account has accrued more than $35,000,000 in net proceeds by that date. The Budget and Control Board is directed to prepare the subsequent Lottery Expenditure Account detail budget to reflect the appropriations of the Education Lottery Account as listed in this provision. Of the net proceeds from the Education Lottery Account: $23,903,683 must be appropriated for Education Accountability Act Initiatives including homework centers ($1,598,440) (NR); retraining grants ($4,737,000) (NR); external review teams ($1,516,872) (NR); teacher specialists ($12,781,069) (NR); principal specialists ($2,270,302) (NR); and Palmetto Gold and Silver Awards Program ($1,000,000) (NR). $30,000,000 (NR) must be used to fund endowed research chairs for the current fiscal year as follows. There is created the Research Centers of Excellence Review Board (board). The board shall consist of nine members. Of the nine members, three must be appointed by the Governor, three must be appointed by the President Pro Tempore of the Senate, and three must be appointed by the Speaker of the House of Representatives. The terms of members are three years, and members are eligible to be appointed for no more than two additional terms. Of the members initially appointed by the Governor, the President Pro Tempore, and the Speaker of the House, one shall be appointed for a term of one year, one for a term of two years, and one for a term of three years, the initial term of each member to be designated by the Governor, President Pro Tempore, and Speaker of the House when making the appointments. The Governor, the President Pro Tempore, and the Speaker of the House shall appoint persons with substantial experience in business, law, accounting, technology, manufacturing, engineering, education, or other professions and experience which provide an understanding of the purposes of this chapter. The board shall: recommend annually to the State Budget and Control Board for approval a schedule by which applications for funding are received and awarded on a competitive basis; and provide an annual report to the State Budget and Control Board, which shall include an audit performed by an independent auditor. The presidents of the senior research universities, Clemson University, the Medical University of South Carolina, and the University of South Carolina, shall serve as ex officio nonvoting members of the board. There is created the Research Centers of Excellence Matching Endowment. The endowment must be funded annually by appropriations from the South Carolina Education Lottery Account in the amounts provided by the General Assembly. The fund must be managed by the State Treasurer, subject to awards from the endowment as provided in this chapter. Interest earnings of the endowment fund must remain in the fund. The senior research universities, Clemson University, the Medical University of South Carolina, and the University of South Carolina, individually, in conjunction with one or more other senior research universities or with other South Carolina higher education institutions, may make application for awards from the endowment as provided in this chapter. An application for an award from the endowment shall: provide to the board documentation of matching funds in an amount equal to the amount for which application is made; provide to the board documentation that all matching funds have been committed and raised exclusively from sources other than South Carolina tax dollars, and that the funds have been committed and raised after January 1, 2002; be in an amount of not less than two million dollars and not more than five million dollars; document that the application has significant potential to provide for enhanced economic development for the citizens of South Carolina in a specified knowledge-based industry or field of commerce; and, provide specific partnering activities with other institutions, businesses, or the community. Upon a determination by the board that the application meets the required criteria, the board shall appoint a panel of experts chosen from outside South Carolina for their expertise in the respective research field to review the application. The members appointed to the panel shall have no affiliation with the senior research universities. The panel will convene in the State to review the proposals and to conduct site visits to ensure that appropriate research infrastructure exists at the applying university. The panel shall make a report and recommendation to the board as to the merits of the application not more than ninety days after submission to the panel. The board shall then make a determination as to whether or not to award the matching funds and the amount of the award. Staff and support for the operations of the board and the panels must be provided by the State Budget and Control Board. The State Budget and Control Board shall approve all necessary funds for the prudent operation of the board, including per diem, subsistence, and mileage expenses of board members as provided by law for members of state boards, committees, and commissions. The expenditures authorized by this section must be provided from the fund created by these provisions upon approval by the State Budget and Control Board; $42,076,817 (NR) must be used to fund an increase attributable to enhanced LIFE Scholarship awards in the current fiscal year to a maximum level of $4,500 a year. Notwithstanding another provision to the contrary, in school year 2002-03, the annual amount of a LIFE Scholarship for an eligible resident student attending a public or independent four-year institution is the cost of tuition for thirty credit hours a year or its equivalent plus a $300 a year book allowance. Tuition for this purpose means the amount charged for registering for credit hours of instruction and does not include other fees, charges, or costs of textbooks and may not exceed $4,200 per student for the year, plus a $300 book allowance, for a maximum LIFE Scholarship for an eligible student in the amount of $4,500 for the year. Two-year Technical College students eligible for LIFE Scholarships shall also receive a $300 book allowance. Notwithstanding any other provision of law, eligibility in the current fiscal year does not require enrollment in an eligible institution within two years of graduating from high school. $3,500,000 (NR) must be used to provide Palmetto Fellows Scholarships to all eligible applicants in the amount of $5,500 each. $27,519,500 (NR) to the State Board of Education must be used to implement programs in kindergarten through fifth grades for reading, mathematics, social studies, and science to enhance student achievement in these areas. Of the reading, mathematics, social studies, and science programs appropriation, $500,000 must be used for teacher in-service training and professional development related to Project Read. $18,500,000 (NR) must be used for ETV Digitalization. $35,000,000 (NR) must be used for the purchase of new school buses to include six school buses, appropriately equipped, for the School for the Deaf and Blind and the repair of existing school buses. Of the allocation for the purchase of new school buses, two new nineteen passenger activity buses shall be purchased for John de la Howe. $13,700,000 (NR) to the Commission on Higher Education must be used for a College Technology Investment Matching Grant Program to fund matching grants for technology infrastructure including, but not limited to, connectivity, upgrade, hardware, software, management, maintenance, installation, and training at this state's public four-year and two-year institutions of higher learning, branches of the USC, and technical schools, as defined in Sections 59-103-15(B)(2), (3), and (4), not to include the state's three senior research universities, the Medical University of South Carolina, the University of South Carolina, and Clemson University, such funds to be divided equally between the four-year and two-year institutions to which it applies in the aggregate and the state's technical and comprehensive educational system. The State Technical and Comprehensive Education System for this matching grant program is further clarified to include also the 16 individual technical colleges on an institution by institution basis. The monies must be allocated to the Commission on Higher Education for distribution in the amount of at least $100,000 to eligible institutions according to a competitive application process based on objective criteria developed by the Commission on Higher Education, which includes a certification from the applicant that the matching funds from a non-state appropriated source are in hand. Up to one percent of the allocated amount may be used by the Commission on Higher Education to fund its administration of the program. $0 (NR) to the Commission on Higher Education must be used on Higher Education for Free Tuition Grants for Technical Colleges and Two-Year Institutions. $0 (NR) to the Commission on Higher Education must be used for HOPE Scholarships. $0 (NR) to the Commission on Higher Education must be used for Need-Based Grants. $0 (NR) to the Commission on Higher Education must be used for Grants for Teachers. $0 (NR) to the Commission on Higher Education must be used for Historically Black Colleges and Universities. $0 (NR) to South Carolina State University must be used for Research and Technology Grants. $0 (NR) to the State Department of Education must be used for K-12 School Technology. $0 (NR) to the State Department of Education must be used for Homework Centers. $0 (NR) to the State Department of Education must be used for School-based Pilot Programs. The South Carolina Lottery Commission may enter into a multi-state agreement for the sale of instant game tickets, online game tickets, and related multi-state lottery products including game shows and promotional products. Procedures for ticket sales and validation, prize redemption, and other details of the commission's participation in the multi-state lottery games must be governed by the terms of the agreement entered into by the commission. For purposes of this provision, the lottery games that may be subject to a multi-state participation agreement by the commission are those defined at Section 59-150-20(7). Further, the multi-state tickets and products may be sold only through a licensed lottery retailer, pursuant to Section 59-150-150, or through the commission. An amount up to and including the first one million dollars of unclaimed prize money as described in Section 59-150-230(I) is appropriated to the South Carolina Department of Alcohol and Other Drug Abuse Services (DAODAS) or an established nonprofit public or private agency recognized as an affiliate of the National Council on Problem Gambling to receive monies for the prevention and treatment of compulsive gambling disorder and educational programs related to that disorder, including a gambling hotline, which must be used for prevention programs including, in part or in totality, mass media communications. The State Budget and Control Board may contract with any combination of agencies, including a combination that includes DAODAS, that meets the criteria for treatment of compulsive gambling disorder and educational programs related to that disorder, including a gambling hotline for these services with these funds. The director of the selected agency or agencies must report to the board on programs implemented and persons served. Remaining unclaimed prize monies are appropriated to the Department of Education for the purchase of new school buses. The legislative intent for a long-term funding commitment to the education programs initiated from lottery proceeds requires a temporary deferral in the implementation of the programs established in Section 59-150-360 and Section 59-150-370. These sections are not funded for the 2002-03 fiscal year. This provision constitutes the entire appropriation of net lottery proceeds and implementation of lottery programs for FY 2002-03. Of the additional net proceeds that may be generated by multi-state lottery games, $6,000,000 (NR) must be appropriated to the College and University Technology Grant Program and funds must be awarded to the branches of the University of South Carolina and public four-year universities, excluding the University of South Carolina-Columbia, Clemson University, and the Medical University of South Carolina. Grants must be available for award to institutions with grant proposals supporting the development of technology or technology infrastructure, or both. The review process, to include the awarding of grants, is as determined by the Commission on Higher Education; $2,000,000 (NR) to the Higher Education Tuition Grants Commission to be used for tuition grants; $1,500,000 (NR) to the South Carolina State Library to be allocated for county public library aid; $1,500,000 (NR) to the Commission on Higher Education to be used for the National Guard Tuition Repayment Program; $2,000,000 (NR) to the State Board for Technical and Comprehensive Education Technology Grant Program to be used for technology upgrades across the TEC system; and the remaining non-recurring funds to the Department of Education to be used to enhance reading, mathematics, social studies, and science programs and student achievement in grades K-5. Appropriations made in this provision are declared to be maximum, conditional, and proportionate, the purpose being to authorize expenditures for educational purposes and programs in amounts not to exceed the amounts named in this provision, but only if the aggregate revenues available in the Education Lottery Account during the period for which the appropriations are made are sufficient to pay them in full. The State Budget and Control Board is directed to survey the progress of the collection of revenue and the expenditure of funds in the Education Lottery Account. If the State Budget and Control Board determines that a year-end aggregate deficit may occur by virtue of a projected shortfall in anticipated revenues, it shall take the necessary action to restrict the rate of expenditure for educational programs, consistent with this provision. Any institution, activity, program, item, special appropriation, or allocation for which the General Assembly has provided funding in this provision must not be discontinued, deleted, or deferred by the State Budget and Control Board. A reduction of the rate of expenditure by the State Budget and Control Board, pursuant to authority of this provision, must be applied as uniformly as is practicable, except that a reduction must not be applied to the funding of scholarships in this provision. Any unspent surplus resulting from the collection of revenues in an amount in excess of that anticipated must remain in the Education Lottery Account and must be allocated for and appropriated to educational purposes and programs only as determined by the General Assembly. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. HARRELL 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. 4869 (Word version) -- Reps. Govan, Moody-Lawrence, Bales, Barfield, Barrett, Bingham, Bowers, Breeland, J. Brown, Clyburn, Emory, Frye, Gourdine, J. Hines, Hinson, Hosey, Keegan, Kirsh, Koon, Littlejohn, Lourie, Mack, Martin, McGee, McLeod, Meacham-Richardson, Merrill, J. H. Neal, Owens, Parks, Quinn, Rhoad, Riser, Rodgers, Rutherford, Sandifer, Simrill, D. C. Smith, J. E. Smith, J. R. Smith, Stille, Stuart, Talley, Taylor, Thompson, Walker, Weeks, Whatley, Wilder, A. Young and Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-160 SO AS TO DESIGNATE THE ELEVENTH DAY OF SEPTEMBER OF EACH YEAR AS A STATE DAY OF REMEMBRANCE FOR THE VICTIMS OF THE SEPTEMBER 11, 2001, TERRORIST ATTACKS AND FOR ALL OF SOUTH CAROLINA'S FIREFIGHTERS, LAW ENFORCEMENT OFFICERS, NATIONAL GUARD, AND EMERGENCY SERVICE PERSONNEL.
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. 4412 (Word version) -- Reps. Scarborough, Altman, Coates and Campsen: 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 94, SO AS TO PROVIDE FOR THE ISSUANCE OF A SPECIAL MORRIS ISLAND LIGHTHOUSE LICENSE PLATE.
Rep. STUART 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. 4419 (Word version) -- Reps. Townsend, Walker, Littlejohn, Whipper and Gilham: A BILL TO AMEND SECTION 59-19-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORIENTATION FOR SCHOOL DISTRICT BOARDS OF TRUSTEES AND COUNTY BOARDS OF EDUCATION, SO AS TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION MUST KEEP A RECORD OF THE TRUSTEES WHO SUCCESSFULLY COMPLETE THE ORIENTATION PROGRAM WITHIN ONE YEAR OF TAKING OFFICE AND TO FURTHER PROVIDE THAT A TRUSTEE OR COUNTY BOARD MEMBER WHO FAILS TO SUCCESSFULLY COMPLETE THE ORIENTATION IS SUBJECT TO SUSPENSION FROM OFFICE BY THE STATE DEPARTMENT OF EDUCATION OR REMOVAL FROM OFFICE PURSUANT TO SECTION 59-19-60.
Rep. TOWNSEND 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. 4757 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 23-19-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARGES A SHERIFF OR JAILER MAY IMPOSE FOR THE HOUSING OF PRISONERS COMMITTED TO A COUNTY JAIL TO SERVE A SENTENCE IMPOSED BY THE FEDERAL COURTS, SO AS TO REVISE THE FEE AND ITS DISTRIBUTION, AND TO PROVIDE THAT A CONTRACT FOR HOUSING OF FEDERAL PRISONERS MUST BE MADE BETWEEN THE ENTITY THAT OPERATES THE COUNTY JAIL OR DETENTION FACILITY AND THE APPROPRIATE FEDERAL AUTHORITY.
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. 4629 (Word version) -- Reps. Harrison, McGee, Lucas and McLeod: A BILL TO AMEND SECTIONS 44-53-190, 44-53-370, AND 44-53-520, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO CONTROLLED SUBSTANCES, CRIMINAL OFFENSES RELATING TO CONTROLLED SUBSTANCES, AND PENALTIES AND FORFEITURE FOR VIOLATIONS, SO AS TO INCLUDE 3, 4-METHYLENEDIOXYMETHAMPHETAMINE (MDMA), ALSO KNOWN AS "ECSTASY", AS A SCHEDULE I CONTROLLED SUBSTANCE,TO PROVIDE PENALTIES FOR ILLEGALLY POSSESSING OR TRAFFICKING IN THE DRUG, AND TO PROVIDE THAT CONVEYANCES USED IN TRANSPORTING THIS DRUG ARE SUBJECT TO FORFEITURE.
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 motion period was dispensed with on motion of Rep. HARRISON.
Rep. TOWNSEND moved to adjourn debate upon the following Bill until Thursday, May 9, which was adopted:
H. 3592 (Word version) -- Reps. Rodgers, Bowers, Gilham, Hosey, Rivers and R. Brown: A BILL TO AMEND SECTION 57-1-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELECTION OF A PERSON TO THE COMMISSION OF THE DEPARTMENT OF TRANSPORTATION FROM A COUNTY THAT IS DIVIDED AMONG TWO OR MORE DEPARTMENT OF TRANSPORTATION DISTRICTS, AND TO TERM LIMITATIONS IMPOSED UPON DEPARTMENT OF TRANSPORTATION COMMISSION MEMBERS, SO AS TO ALLOW A COMMISSIONER TO SERVE TWO CONSECUTIVE TERMS AND TO PROVIDE THAT A RESIDENT COMMISSION MEMBER WHO COMPLETES A SECOND CONSECUTIVE TERM MUST BE REPLACED BY A PERSON WHO RESIDES IN ANOTHER COUNTY WITHIN THE DISTRICT.
The following Bill was taken up:
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.
Rep. OTT explained the Bill.
Rep. FLEMING moved to recommit the Bill to the Committee on Agriculture, Natural Resources and Environmental Affairs.
Rep. OTT moved to table the motion.
Rep. FLEMING demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bales Barfield Breeland Brown, G. Brown, R. Campsen Carnell Chellis Cobb-Hunter Cotty Dantzler Davenport Edge Emory Freeman Harvin Hines, J. Hinson Howard Jennings Kelley Kennedy Law Leach Limehouse Lloyd Lourie Mack McCraw McLeod Merrill Neal, J.M. Neilson Ott Owens Parks Perry Rhoad Rice Riser Rivers Scarborough Scott Sharpe Sheheen Smith, D.C. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Snow Stuart Talley Taylor Thompson Tripp Vaughn Webb Weeks Whatley Whipper Wilder Witherspoon Young, J.
Those who voted in the negative are:
Allison Barrett Cooper Delleney Fleming Frye Kirsh Koon Lee Littlejohn Loftis McGee Meacham-Richardson Moody-Lawrence Sandifer Simrill Walker White
So, the motion to recommit the Bill was tabled.
Rep. FLEMING moved to adjourn debate on the Bill until Thursday, May 9.
Rep. TRIPP moved to table the motion, which was agreed to.
Rep. FLEMING proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\AMEND\22551CM02), which was tabled:
Amend the bill, as and if amended, Section 50-11-555, as contained in SECTION 1, page 1, by inserting /after 12:00 noon/ after /Sunday/ on line 24.
Amend title to conform.
Rep. FLEMING explained the amendment.
Rep. WITHERSPOON moved to table the amendment, which was agreed to.
Rep. FLEMING spoke against the Bill.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Bales Battle Bowers Breeland Brown, G. Brown, R. Campsen Chellis Cobb-Hunter Cotty Dantzler Davenport Emory Freeman Gilham Harrison Harvin Hines, J. Hinson Howard Jennings Kelley Kennedy Law Leach Lloyd Lourie Mack McCraw McLeod Merrill Miller Neal, J.H. Neal, J.M. Neilson Ott Owens Parks Phillips Rhoad Rice Rivers Rutherford Scarborough Sheheen Smith, J.E. Smith, J.R. Snow Stuart Taylor Townsend Tripp Webb Weeks Wilkins Witherspoon Young, J.
Those who voted in the negative are:
Barrett Bingham Carnell Clyburn Cooper Delleney Fleming Frye Govan Kirsh Koon Limehouse Littlejohn McGee Meacham-Richardson Moody-Lawrence Perry Riser Sandifer Simrill Smith, D.C. Smith, G.M. Talley Thompson Vaughn Walker Whatley White Wilder
So, the Bill was read the second time and ordered to third reading.
Rep. HARRISON moved to adjourn debate upon the following Bill until Thursday, May 9, which was adopted:
H. 4922 (Word version) -- Reps. Scarborough, Owens, Limehouse, White, Trotter, Townsend, Cooper, Kelley, Meacham-Richardson, Altman and Loftis: 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.
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 moved to table the Bill, which was agreed to.
Rep. HARRISON moved to adjourn debate upon the following Bill until Thursday, May 9, which was adopted:
H. 4861 (Word version) -- Reps. Coleman, Cotty, G. M. Smith, W. D. Smith, Allen, G. Brown, Davenport, Delleney, Emory, Harrison, Howard, Jennings, Lourie, McCraw, J. M. Neal, Ott, Phillips, Sheheen, Sinclair, F. N. Smith, J. E. Smith, Talley, Weeks, Whatley, Witherspoon and J. Young: A BILL TO AMEND SECTION 56-25-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUSPENSION OF DRIVER'S LICENSE FOR FAILURE TO COMPLY WITH TRAFFIC CITATIONS ISSUED IN SOUTH CAROLINA OR A COMPACT JURISDICTION, SO AS TO PROVIDE FOR THE SUSPENSION OF DRIVER'S LICENSE FOR FAILURE TO COMPLY WITH A CITATION FOR A VIOLATION OF TITLE 50 OR ANOTHER LAW REGULATING HUNTING OR FISHING ISSUED IN THIS OR ANOTHER COMPACT JURISDICTION.
The following Bill was taken up:
S. 1131 (Word version) -- Senators Patterson, Giese, Courson and Jackson: A BILL TO ENACT THE "RICHLAND COUNTY SCHOOL DISTRICTS PROPERTY TAX RELIEF ACT" BY PROVIDING FOR THE IMPOSITION OF A SPECIAL ONE PERCENT SALES AND USE TAX IN RICHLAND COUNTY FOR NOT MORE THAN TWENTY YEARS WITH THE REVENUE OF THE TAX USED TO DEFRAY GENERAL OBLIGATION DEBT SERVICE OR OTHERWISE DEFRAY THE COSTS OF CAPITAL IMPROVEMENTS OF THE SCHOOL DISTRICTS OF RICHLAND COUNTY, TO PROVIDE THAT THE TAX MAY BE IMPOSED ONLY AFTER ITS APPROVAL IN A REFERENDUM HELD IN THE COUNTY, TO PROVIDE FOR THE REFERENDUM, AND TO PROVIDE THAT, IF IMPOSED, THE TAX MUST BE COLLECTED BY THE SOUTH CAROLINA DEPARTMENT OF REVENUE AND REMITTED TO THE RICHLAND COUNTY TREASURER FOR THE RICHLAND COUNTY SCHOOL DISTRICTS, TO PROVIDE THAT THE TAX IS IMPOSED AND IS SUBJECT TO THE SAME EXEMPTIONS AND MAXIMUM TAXES AS PROVIDED IN THE SOUTH CAROLINA SALES TAX ACT EXCEPT FOR AN ADDITIONAL EXEMPTION FOR FOOD ITEMS WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, AND TO PROVIDE FOR THE METHOD OF APPLYING THE REVENUES OF THE TAX TO SCHOOL DISTRICT GENERAL OBLIGATION DEBT SERVICE.
Rep. MCLEOD moved to adjourn debate on the Bill until Tuesday, May 14.
Rep. J. E. SMITH moved to table the motion, which was not agreed to by a division vote of 4 to 5.
The question then recurred to the motion to adjourn debate until Tuesday, May 14.
Rep. QUINN demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bales Harrison Huggins McLeod Quinn Riser Scott
Those who voted in the negative are:
Cotty Howard Lourie Smith, J.E.
So, the motion to adjourn debate was agreed to.
The following Joint Resolution was taken up:
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.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that the fourth paragraph, Section 16, Article X of the Constitution of this State be amended to read:
"Notwithstanding the provisions of Section 11 of this article, the funds of the various state-operated retirement systems may be invested and reinvested in equity securities of any corporation within the United States that is registered on a national securities exchange as provided in the Securities Exchange Act of 1934 or any successor act or quoted through the National Association of Securities Dealers Automatic Quotations System or similar service. Upon the enactment of the implementing legislation required by this paragraph, there is established the State Retirement Systems Investment Panel. The panel shall consist of five members, one each appointed by the Governor, the State Treasurer, the Comptroller General, and the chairmen of the respective committees of the Senate and House of Representatives having subject matter jurisdiction over appropriations. The appointee of the Governor shall serve as chairman. All persons appointed must possess substantial financial investment experience and no person may be appointed or continue to serve who is an elected or appointed officer or employee of the State or any of its political subdivisions, including school districts. The General Assembly shall implement this paragraph by enacting legislation establishing the panel and providing for the terms, duties, and compensation of its members, and which specifically authorizes the investments allowed by this paragraph, and may provide limitations on investments in equity securities as it considers prudent. The panel established by this paragraph shall not exist until it is established in the implementing legislation required pursuant to this paragraph."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 16, Article X of the Constitution of this State relating to benefits and funding of public employee pension plans in this State and the equity securities investments allowed for funds of the various state-operated retirement systems be amended so as to delete the restrictions limiting investments in equity securities to those of American-based corporations registered on an American national exchange as provided in the Securities Exchange Act of 1934 or any successor act, or quoted through the National Association of Securities Dealers Automatic Quotations System or similar service?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
SECTION 3. It is proposed that Section 11, Article X of the Constitution of this State be amended by adding at the end:
"Notwithstanding any other provision of this section, a municipality, county, special purpose district, or public service district of this State which provides firefighting service and which administers a separate pension plan for its employees performing this service may invest and reinvest the funds in this pension plan in equity securities traded on a national securities exchange as provided in the Securities Exchange Act of 1934 or a successor act, or in equity securities quoted through the National Association of Securities Dealers Automatic Quotations System or similar service."
SECTION 4. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 11, Article X of the Constitution of this State relating to restrictions on pledging the credit of the State or its political subdivisions for a private purpose and the restrictions on the State or its political subdivisions from becoming a joint owner or stockholder of a business, be amended so as to allow a municipality, county, special purpose district, or public service district of this State which provides firefighting service and which administers a separate pension plan for its employees performing this service to invest and reinvest the funds in this pension plan in equity securities traded on a national securities exchange as provided in the Securities Exchange Act of 1934 or a successor act, or in equity securities quoted through the National Association of Securities Dealers Automatic Quotations System or similar service?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
Rep. HARRELL explained the Joint Resolution.
Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:
Those who voted in the affirmative are:
Allen Allison Bales Barfield Barrett Battle Bingham Bowers Breeland Brown, G. Brown, R. Campsen Carnell Chellis Clyburn Coates Cobb-Hunter Cooper Cotty Dantzler Davenport Delleney Edge Emory Fleming Frye Gilham Govan Harrell Harrison Harvin Hines, J. Hinson Huggins Jennings Kelley Kirsh Koon Law Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Mack McCraw McLeod Merrill Miller Moody-Lawrence Neal, J.M. Neilson Ott Owens Perry Phillips Quinn Rhoad Rice Riser Rutherford Sandifer Scarborough Scott Sheheen Simrill Smith, D.C. Smith, J.E. Smith, J.R. Smith, W.D. Snow Stuart Talley Taylor Thompson Townsend Tripp Vaughn Walker Webb Weeks Whatley Whipper White Wilder Wilkins Witherspoon Young, A.
Those who voted in the negative are:
So, the Joint Resolution, having received the necessary two-thirds vote, was passed and ordered to third reading.
The following Joint Resolution was taken up:
S. 926 (Word version) -- Senators Ritchie, Ford, Hutto, Drummond, Matthews, Reese, Martin, Moore, Setzler, Fair and Holland: A JOINT RESOLUTION TO REQUIRE THE STATE PORTS AUTHORITY TO BEGIN ENVIRONMENTAL IMPACT STUDIES AND OTHER REQUIRED ACTIONS IN REGARD TO THE PERMITTING PROCESS TO LOCATE A NEW TERMINAL FACILITY ON THE WEST BANK OF THE COOPER RIVER AT A LOCATION IT DETERMINES APPROPRIATE, TO ESTABLISH CERTAIN CRITERIA TO BE USED IN REGARD TO THE LOCATION OF THIS TERMINAL FACILITY, TO AUTHORIZE THE STATE PORTS AUTHORITY TO BEGIN THE PROCESS OF ACQUIRING ANY REAL PROPERTY NECESSARY FOR THIS NEW FACILITY AT THIS LOCATION, TO PROVIDE THAT THE PORTS AUTHORITY AT THE COMPLETION OF THE PERMITTING PROCESS SHALL RENDER A REPORT TO THE GENERAL ASSEMBLY CONCERNING THE NEW TERMINAL FACILITY WHICH SHALL INCLUDE A PROPOSED REQUEST FOR ANY STATE FUNDING NECESSARY TO COMPLETE THE PROJECT, TO PROVIDE THAT THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION, THE PUBLIC RAILWAYS DIVISION OF THE DEPARTMENT OF COMMERCE, AND THE STATE INFRASTRUCTURE BANK ARE DIRECTED TO EXPLORE ALL POTENTIAL OPPORTUNITIES FOR FEDERAL FUNDING OF THE INFRASTRUCTURE ENHANCEMENTS FOR PORT EXPANSION ON THE WESTERN SIDE OF THE COOPER RIVER, TO PROVIDE THAT THE STATE BUDGET AND CONTROL BOARD SHALL TAKE APPROPRIATE STEPS TO PROVIDE INDEMNIFICATION TO THE STATE PORTS AUTHORITY BOARD MEMBERS FROM ANY PERSONAL LIABILITY RELATED TO THEIR SERVICE ON THE BOARD IN REGARD TO FUNDING PROVIDED TO THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK FOR THE COOPER RIVER BRIDGE, AND TO PROVIDE THAT A STATE ENTITY WHICH ACQUIRES REAL PROPERTY FROM THE FEDERAL GOVERNMENT OR FROM A STATE INSTRUMENTALITY OR REDEVELOPMENT AGENCY WHICH ACQUIRED IT FROM THE FEDERAL GOVERNMENT SHALL BE PERMITTED THE SAME USE OF THE PROPERTY AS WAS THE FEDERAL GOVERNMENT AND TO PROVIDE THAT NO COUNTY OR MUNICIPALITY BY ZONING OR OTHER MEANS MAY RESTRICT THIS PERMITTED USE OR ENJOYMENT OF THE PROPERTY.
Reps. MACK and WHIPPER proposed the following Amendment No. 1 (Doc Name COUNCIL\PT\AMEND\1976DW02), which was tabled:
Amend the joint resolution, as and if amended, SECTION 2, page 3, line 12, by inserting after /River/ / , excluding that area formerly known as the Charleston Naval Base /.
Renumber sections to conform.
Amend totals and title to conform.
Rep. MACK explained the amendment.
Rep. COOPER moved to table the amendment.
Rep. MACK demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Barfield Barrett Battle Bingham Bowers Campsen Chellis Cooper Cotty Davenport Delleney Frye Gilham Harrell Harrison Hinson Huggins Kirsh Koon Law Leach Limehouse Loftis Lourie McCraw Meacham-Richardson Merrill Moody-Lawrence Owens Perry Phillips Quinn Rice Riser Sandifer Scarborough Simrill Smith, D.C. Smith, J.E. Smith, J.R. Snow Stuart Talley Thompson Townsend Tripp Vaughn Walker White Wilkins Witherspoon Young, A.
Those who voted in the negative are:
Allen Bales Breeland Brown, G. Brown, R. Carnell Clyburn Cobb-Hunter Dantzler Freeman Govan Harvin Hines, J. Jennings Littlejohn Lloyd Mack McLeod Miller Neal, J.H. Neilson Rivers Rutherford Scott Webb Weeks Whatley Whipper Wilder
So, the amendment was tabled.
Reps. MACK and WHIPPER proposed the following Amendment No. 2 (Doc Name COUNCIL\PT\AMEND\1977DW02), which was tabled:
Amend the joint resolution, as and if amended, SECTION 1, page 2, lines 24 and 32, by striking /the west bank of the Cooper River/ and inserting / Clouter Island /.
Amend further, SECTION 2, page 2, beginning on line 40, by striking /the west bank of the Cooper River/ and inserting / Clouter Island /.
Amend further, SECTION 2, page 3, line 12, by striking /the west bank of the Cooper River/ and inserting / Clouter Island /.
Amend further, SECTION 2, page 3, line 24, by striking /the western side of the Cooper River/ and inserting / Clouter Island /.
Amend title to conform.
Rep. WHIPPER explained the amendment.
Rep. WHIPPER spoke in favor of the amendment.
Rep. LIMEHOUSE spoke against the amendment.
Rep. BREELAND spoke in favor of the amendment.
Rep. COOPER moved to table the amendment, which was agreed to.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Allison Bales Barfield Barrett Battle Bingham Brown, R. Campsen Carnell Chellis Cobb-Hunter Cooper Cotty Davenport Delleney Edge Emory Fleming Freeman Frye Gourdine Harrell Harrison Harvin Hinson Huggins Kennedy Kirsh Koon Law Leach Lee Limehouse Littlejohn Loftis Lourie Martin McCraw McLeod Meacham-Richardson Merrill Miller Moody-Lawrence Neal, J.M. Ott Owens Parks Perry Phillips Quinn Rice Riser Sandifer Scarborough Scott Smith, D.C. Smith, J.R. Snow Stuart Talley Thompson Townsend Tripp Vaughn Walker Webb White Wilder Wilkins Witherspoon Young, A.
Those who voted in the negative are:
Breeland Dantzler Hines, J. Howard Lloyd Mack Neal, J.H. Neilson Rivers Rutherford Weeks Whatley Whipper
So, the Joint Resolution was read the second time and ordered to third reading.
I was granted a leave of absence for the afternoon, however, I would have voted yes on the passage of S. 926.
Rep. Harry Cato
Rep. SCOTT moved to reconsider the vote whereby debate was adjourned on S. 1131 until Tuesday, May 14 and the motion was noted.
The following was received:
Columbia, S.C., May 8, 2002
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 5:00 p.m. today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. W. D. SMITH the invitation was accepted.
Rep. COOPER moved that upon the completion of the Ratification of Acts, the House stand adjourned, which was agreed to.
At 5:00 p.m. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified:
(R288, 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.
(R289, S. 1184 (Word version)) -- Senators Leventis and Land: AN ACT 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.
(R290, S. 1240 (Word version)) -- Senators Hutto and Matthews: AN ACT 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.
(R291, S. 892 (Word version)) -- Senators Hayes, Peeler, Gregory and Short: AN ACT TO AMEND SECTION 59-125-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES OF WINTHROP UNIVERSITY AND THE MANNER IN WHICH THESE TRUSTEES ARE ELECTED OR APPOINTED, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE TRUSTEES SHALL BE SELECTED AND FOR THEIR TERMS OF OFFICE, AND TO GIVE EACH SEAT ON THE BOARD A NUMERICAL DESIGNATION; AND BY ADDING SECTION 59-101-285 SO AS TO PROVIDE THAT A MEMBER OF THE GOVERNING BOARD OF AN INSTITUTION OF HIGHER LEARNING MUST ATTEND AT LEAST TWO-THIRDS OF THE REGULAR AND SPECIAL MEETINGS OF THE BOARD DURING ANY CALENDAR YEAR OR A VACANCY IN THAT OFFICE SHALL EXIST, AND TO ESTABLISH PROCEDURES TO PROVIDE NOTIFICATION OF THE VACANCY AND FOR THE FILLING OF THE VACANCY.
(R292, S. 963 (Word version)) -- Senator Martin: AN ACT 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 PROVIDE THAT A FIRST OFFENSE VIOLATION OF THE PROVISIONS THAT PROVIDE THAT IT IS UNLAWFUL TO PASS A STOPPED SCHOOL BUS MUST BE TRIED IN MAGISTRATE'S COURT, AND PROVIDE A DEFINITION FOR PRIOR OFFENSES.
(R293, H. 3048 (Word version)) -- Reps. Campsen, Littlejohn, Altman, Davenport, Simrill, Delleney, Clyburn, Robinson, Owens, Loftis, Leach, Hamilton, Vaughn, Knotts and Bingham: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-460 SO AS TO ENACT THE "SOUTH CAROLINA RELEASED TIME FOR RELIGIOUS EDUCATION ACT" TO PROVIDE THAT A SCHOOL DISTRICT BOARD OF TRUSTEES MAY ADOPT A POLICY THAT AUTHORIZES A STUDENT TO BE EXCUSED FROM SCHOOL UNDER CERTAIN CONDITIONS TO ATTEND A CLASS IN RELIGIOUS INSTRUCTION CONDUCTED BY A PRIVATE ENTITY.
(R294, H. 3145 (Word version)) -- Reps. Lourie, J.E. Smith, Howard, Wilder, Cobb-Hunter, Bales, Barfield, Keegan, Snow, Ott, Sinclair, Walker, Riser, Parks, McLeod, Allison, Koon, Frye, McGee, Martin, Hosey, Clyburn, Gilham, Altman, Meacham-Richardson, Kirsh, J. Hines, Mack, Miller, Cotty, Hamilton, Law, Hinson, Chellis, Harrison, Neilson, Weeks, Owens, Loftis and Bingham: AN ACT TO AMEND CHAPTER 7, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOSPITALS, TUBERCULOSIS CAMPS, AND HEALTH SERVICES DISTRICTS, BY ADDING ARTICLE 23 SO AS TO REQUIRE CRIMINAL RECORD CHECKS OF DIRECT CAREGIVERS EMPLOYED BY NURSING HOMES, ADULT DAYCARE FACILITIES, HOME HEALTH AGENCIES, AND COMMUNITY RESIDENTIAL CARE FACILITIES; TO PROVIDE FOR TEMPORARY EMPLOYMENT PENDING THE RESULTS OF THE CRIMINAL RECORD CHECK; TO PROVIDE THAT A RECORD CHECK IS VALID UNLESS THE PERSON DISCONTINUES EMPLOYMENT IN A DIRECT CARE SETTING FOR A YEAR OR LONGER; TO AUTHORIZE DIRECT CARE ENTITIES TO FURNISH DIRECT CAREGIVER PERSONNEL INFORMATION TO OTHER ENTITIES; TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO VERIFY COMPLIANCE WITH THIS ARTICLE BEFORE RENEWING THE LICENSE OF A DIRECT CARE ENTITY; TO PROVIDE PENALTIES; AND TO REQUIRE DIRECT CARE ENTITIES TO CONDUCT CRIMINAL RECORD CHECKS ON DIRECT CAREGIVERS EMPLOYED ON JULY 1, 2002.
(R295, H. 3240 (Word version)) -- Reps. Altman, Limehouse, Campsen and Scarborough: AN ACT TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO REQUIRE THE BOARD OF TRUSTEES OF THE CHARLESTON SCHOOL DISTRICT TO SUBMIT ITS PROPOSED BUDGETS TO THE COUNTY COUNCIL FOR REVIEW ON OR BEFORE JUNE THIRTIETH OF EACH YEAR, TO REQUIRE THE BOARD TO REQUEST A TAX LEVY IN EXCESS OF NINETY MILLS BY A RESOLUTION DIRECTED TO THE CHARLESTON COUNTY COUNCIL ADOPTED BY AT LEAST A TWO-THIRDS MAJORITY ON TWO READINGS AT MEETINGS ON TWO SEPARATE DAYS, TO DEVOLVE FROM THE CHARLESTON COUNTY LEGISLATIVE DELEGATION TO THE CHARLESTON COUNTY COUNCIL THE AUTHORITY TO LEVY IN EXCESS OF NINETY MILLS IN PROPERTY TAXES FOR SCHOOL OPERATIONS, TO REQUIRE THIS APPROVAL TO BE EXERCISED BY AN ORDINANCE ADOPTED BY AT LEAST A TWO-THIRDS MAJORITY, AND TO REQUIRE THE BOARD TO PROVIDE COUNCIL WITH THE FINANCIAL INFORMATION THE COUNCIL REQUESTS IN CONNECTION WITH THE REQUEST.
(R296, H. 3289 (Word version)) -- Reps. Cato, Wilkins, Harrison, Kelley, Barrett, Chellis, Coates, Cooper, Harrell, Hinson, Rice, Sandifer, Sharpe, W.D. Smith, Thompson, Trotter, White, A. Young, Campsen, Bingham, Altman and Edge: AN ACT TO AMEND ARTICLE 1, CHAPTER 1, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-130 SO AS TO PROHIBIT A POLITICAL SUBDIVISION OF THIS STATE FROM ESTABLISHING, MANDATING, OR OTHERWISE REQUIRING A MINIMUM WAGE THAT EXCEEDS THE FEDERAL MINIMUM WAGE SET PURSUANT TO 29 U.S.C. 206.
(R297, H. 3436 (Word version)) -- Reps. Wilkins and Harrison: AN ACT TO AMEND SECTION 2-15-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECORDS OF THE LEGISLATIVE AUDIT COUNCIL AND THEIR CONFIDENTIALITY PRIOR TO PUBLICATION OF THE FINAL AUDIT REPORT, SO AS TO PROVIDE THAT ALL RECORDS AND AUDIT WORKING PAPERS OF THE LEGISLATIVE AUDIT COUNCIL ARE CONFIDENTIAL AT ALL TIMES.
(R298, H. 3678 (Word version)) -- Reps. Rice and Whipper: AN ACT 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 REQUIRE A PERSON WHO IS REQUIRED TO REGISTER A MOTOR VEHICLE DURING THE GRACE PERIOD TO EITHER TRANSFER A LICENSE PLATE FROM ANOTHER MOTOR VEHICLE TO THE MOTOR VEHICLE WHICH MUST BE REGISTERED, PURCHASE A NEW LICENSE PLATE AND REGISTRATION, OR OBTAIN A TEMPORARY LICENSE PLATE FROM THE MOTOR VEHICLES DIVISION, THE COUNTY AUDITOR'S OFFICE, A DEALER OF NEW OR USED MOTOR VEHICLES, OR THE CASUAL SELLER OF THE MOTOR VEHICLE, TO PROVIDE FOR THE CONTENT, DESIGN, FEE FOR, AND ISSUANCE OF TEMPORARY LICENSE PLATES, TO PROVIDE THAT CERTAIN DOCUMENTS MUST BE MAINTAINED IN A MOTOR VEHICLE THAT DISPLAYS A TEMPORARY LICENSE PLATE OR A TRANSFERRED LICENSE PLATE, TO PROVIDE A PENALTY FOR A VIOLATION OF A PROVISION CONTAINED IN THIS SECTION, TO PROVIDE FOR THE DISTRIBUTION OF TEMPORARY LICENSE PLATE FEES, TO PROVIDE THAT A TEMPORARY LICENSE PLATE MUST BE REPLACED WITH A PERMANENT LICENSE PLATE AND REGISTRATION CARD, TO PROVIDE THAT THIS SECTION DOES NOT EFFECT A PERSON'S RESPONSIBILITY TO OBTAIN INSURANCE BEFORE OPERATING A MOTOR VEHICLE, AND TO PROVIDE THAT ONLY ONE TEMPORARY LICENSE PLATE SHALL BE ISSUED TO A PURCHASER OF A MOTOR VEHICLE FOR THE MOTOR VEHICLE HE HAS PURCHASED BEFORE IT IS REGISTERED PERMANENTLY; AND TO REPEAL SECTION 56-3-220, RELATING TO MOTOR VEHICLE DEALERS ATTACHING AND DISPLAYING DEALER SOLD CARDS ON MOTOR VEHICLES WHICH THEY SELL TO INDICATE THAT THE MOTOR VEHICLE IS BEING OPERATED WITHIN THE GRACE PERIOD ALLOWED FOR REGISTERING A NEWLY ACQUIRED MOTOR VEHICLE.
(R299, H. 3812 (Word version)) -- Rep. Harrison: AN ACT TO REPEAL SECTION 40-5-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEES COLLECTED BY THE SOUTH CAROLINA STATE BAR.
(R300, H. 3943 (Word version)) -- Rep. Harrison: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 50 TO TITLE 15 SO AS TO ENACT THE "STRUCTURED SETTLEMENT PROTECTION ACT", WHICH PROVIDES PROCEDURES TO REGULATE THE TRANSFER OF STRUCTURED SETTLEMENTS, INCLUDING PROVISIONS REQUIRING COURT OR ADMINISTRATIVE AUTHORITY APPROVAL IN ADVANCE FOR THE TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS, AND ESTABLISHING DISCLOSURE REQUIREMENTS.
(R301, H. 4406 (Word version)) -- Reps. Merrill and Hinson: AN ACT 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.
(R302, H. 4435 (Word version)) -- Reps. Robinson, Altman and Whipper: AN ACT 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 ACT, SO AS TO DELETE THE REQUIREMENT THAT A CLAIM BE VERIFIED.
(R303, H. 4562 (Word version)) -- Rep. Miller: AN ACT 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.
(R304, 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.
(R305, H. 4589 (Word version)) -- Reps. Rodgers, Battle, Gilham and Miller: AN ACT TO AMEND SECTION 48-39-145, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION FEE FOR A PERMIT TO ALTER A CRITICAL AREA AS DEFINED IN SECTION 48-39-10 WHICH INCLUDES COASTAL WATERS, TIDELANDS, BEACHES, AND A BEACH DUNE SYSTEM, SO AS TO INCREASE THE FEE AND AUTHORIZE ITS REDUCTION UNDER CERTAIN CIRCUMSTANCES AND ALLOW THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO RAISE OR LOWER THE FEE AFTER COMPLYING WITH THE ADMINISTRATIVE PROCEDURES ACT.
(R306, H. 4653 (Word version)) -- Rep. Askins: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 3 AND 4, 2002, BY THE STUDENTS OF ANY SCHOOL IN FLORENCE COUNTY SCHOOL DISTRICT THREE 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.
(R307, H. 4720 (Word version)) -- Rep. Rhoad: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 3 AND 4, 2002, BY THE STUDENTS OF A SCHOOL IN BAMBERG COUNTY SCHOOL DISTRICT 1 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.
(R308, H. 4721 (Word version)) -- Rep. Rhoad: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 7 AND 8, 2002, BY THE STUDENTS OF A SCHOOL IN BAMBERG COUNTY SCHOOL DISTRICT 2 WHEN THE SCHOOL WAS CLOSED DUE TO WATER PROBLEMS 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.
(R309, 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.
(R310, H. 4823 (Word version)) -- Reps. Cato, Chellis, Battle, G. Brown, J. Brown, Cooper, Edge, Harrison, Hinson, Jennings, Law, Lee, Limehouse, Lourie, Miller, Perry, Quinn, Rice, Rutherford, Sandifer, Scarborough, Scott, F.N. Smith, J.E. Smith, Tripp, Trotter, Walker and White: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-35-35 SO AS TO PROHIBIT THE STATE, A POLITICAL SUBDIVISION OF THE STATE, OR OTHER PUBLIC ENTITY OF THE STATE FROM REQUIRING THAT A BOND TO SECURE THE BID OR THE PERFORMANCE OR PAYMENT OF THE CONTRACT BE FURNISHED BY A PARTICULAR SURETY COMPANY OR THROUGH A PARTICULAR AGENT OR BROKER; AND TO AMEND SECTIONS 11-1-120, 11-35-3030, AS AMENDED, 12-28-2740, 29-6-250, AND 57-5-1660, RELATING TO PAYMENT BONDS, BID BONDS, PERFORMANCE BONDS, LABOR AND MATERIAL BONDS, AND HIGHWAY CONSTRUCTION BONDS, RESPECTIVELY, ALL SO AS TO ADD CONFORMING LANGUAGE PROHIBITING THE STATE, A POLITICAL SUBDIVISION OF THIS STATE, OR OTHER PUBLIC ENTITY OF THE STATE FROM REQUIRING THAT THE BOND BE FURNISHED BY A PARTICULAR SURETY COMPANY OR THROUGH A PARTICULAR AGENT OR BROKER.
(R311, H. 5134 (Word version)) -- Reps. Wilder, Taylor and Carnell: AN ACT TO PROVIDE THAT MEMBERS OF THE LAURENS COUNTY TRANSPORTATION COMMITTEE MAY BE PAID FOR ATTENDING NOT MORE THAN THIRTEEN MEETINGS FOR EACH FISCAL YEAR.
(R312, H. 5137 (Word version)) -- Reps. Carnell, Klauber and Parks: AN ACT TO PROVIDE THAT MEMBERS OF THE GREENWOOD COUNTY TRANSPORTATION COMMITTEE MAY BE PAID FOR ATTENDING NOT MORE THAN THIRTEEN MEETINGS FOR EACH FISCAL YEAR.
(R313, 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.
(R314, H. 5148 (Word version)) -- Rep. Kirsh: AN ACT 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.
At 5:25 p.m. the House, in accordance with the motion of Rep. BALES, adjourned in memory of Wanda Gibbs of Columbia, to meet at 10:00 a.m. tomorrow.
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