Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Representative CARNELL as follows:
Dear Lord and Father of mankind, without You we can do little; with You we are invincible. With thankful hearts for Your goodness, we ask that You would take our minds and make them keener; take our wills and make them obedient to Your will; take our strength and make us stronger. Guide Your servants here that together we may dedicate ourselves to a noble life, loyal to the teachings of Your holy word. We pray in the Name of our Lord whose blessings are without number and whose goodness never fails. 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. WITHERSPOON moved that when the House adjourns, it adjourn in memory of former Senator James P. Stevens, Sr. of Horry County, which was agreed to.
Document No. 2684
Agency: Board of Education
Statutory Authority: 1976 Code Section 59-5-60
Renewal of Credentials
Received by Speaker of the House of Representatives
January 14, 2002
Referred to Education and Public Works Committee
Legislative Review Expiration May 13, 2002
Withdrawn and Resubmitted February 8, 2002
The following was introduced:
H. 5246 (Word version) -- Rep. G. Brown: A HOUSE RESOLUTION TO COMMEND AND CONGRATULATE THE PLAYERS, COACHES, AND STAFF OF THE LEE CENTRAL HIGH SCHOOL GIRLS BASKETBALL TEAM OF LEE COUNTY ON THEIR PHENOMENAL SEASON AND THEIR 2002 CLASS AA STATE CHAMPIONSHIP AND TO WISH THEM MUCH ATHLETIC AND ACADEMIC SUCCESS IN THE FUTURE.
The Resolution was adopted.
The following was introduced:
H. 5247 (Word version) -- Reps. Tripp, Bingham, Taylor, A. Young, Barrett, Campsen, Chellis, Cooper, Dantzler, Davenport, Easterday, Edge, Fleming, Frye, Hamilton, Harrison, Koon, Law, Leach, Limehouse, Loftis, Lucas, McCraw, McGee, Meacham-Richardson, Merrill, Neilson, Perry, Quinn, Sandifer, Scarborough, Sharpe, Simrill, J. R. Smith, Talley and Vaughn: A HOUSE RESOLUTION EXPRESSING THE SENSE OF THE HOUSE FOR HOUSE CONFEREES APPOINTED TO THE CONFERENCE COMMITTEE ON H. 4878, THE GENERAL APPROPRIATIONS ACT FOR FISCAL YEAR 2002-2003, TO STAND FIRM IN OPPOSITION TO THE INCREASE IN THE CONCEALED WEAPON PERMIT APPLICATION FEE FROM FIFTY TO ONE HUNDRED DOLLARS CONTAINED IN THE SENATE-PASSED VERSION OF THE BILL.
The House Resolution was ordered referred to the Committee on Ways and Means.
The following was introduced:
H. 5248 (Word version) -- Reps. Snow, Govan, Cobb-Hunter, Scott, Clyburn, J. Hines, Moody-Lawrence and Lloyd: A HOUSE RESOLUTION TO COMMEND MR. "SKIPP" PEARSON FOR HIS EXTRAORDINARY CONTRIBUTIONS TO THE WORLD OF JAZZ MUSIC AND TO CONGRATULATE HIM ON HIS OUTSTANDING CAREER AND ACCOMPLISHMENTS.
The Resolution was adopted.
The following was introduced:
H. 5249 (Word version) -- Reps. J. E. Smith, Bales, J. Brown, Cotty, Harrison, Howard, Lourie, J. H. Neal, Quinn, Rutherford and Scott: A HOUSE RESOLUTION TO RECOGNIZE THE FIRM OF WILBUR SMITH ASSOCIATES FOR ITS MANY PROFESSIONAL AND CORPORATE ACCOMPLISHMENTS OVER THE COURSE OF ITS FIFTY-YEAR HISTORY, AND CONGRATULATE IT ON THE OCCASION OF ITS FIFTIETH ANNIVERSARY CELEBRATION ON MAY 16, 2002.
The Resolution was adopted.
On motion of Rep. LOURIE, with unanimous consent, the following was taken up for immediate consideration:
H. 5250 (Word version) -- Reps. Lourie, Bales, Loftis, Kennedy, Koon, Leach, J. Hines, J. E. Smith, Harrell, Kirsh, Coleman, Miller, Lloyd, Bingham, Cotty, Sinclair, Whatley, Altman, Emory, Allen, R. Brown, Chellis, Clyburn, Davenport, Edge, Freeman, Gourdine, Govan, Harrison, Haskins, Howard, Klauber, Lee, Limehouse, McCraw, McGee, McLeod, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Phillips, Rhoad, Rice, Riser, Rivers, Rutherford, Scarborough, Scott, D. C. Smith, F. N. Smith, G. M. Smith, Snow, Stille, Talley, Taylor, Townsend, Walker, Webb, Wilder and Wilkins: A CONCURRENT RESOLUTION TO DECLARE THE SUPPORT OF THE STATE OF SOUTH CAROLINA FOR THE STATE OF ISRAEL AND TO URGE ALL STATES AND NATIONS TO JOIN IN SUPPORTING THIS GREAT COUNTRY IN ITS FIGHT AGAINST TERRORISM.
Whereas, the Jewish people have had over 4,000 years of continuity in their ancestral homeland and have been subjected to unspeakable horrors of terror by others throughout their history; and
Whereas, the Holocaust of the Nazi terror regime, when over six million Jewish people were killed only because of their beliefs, gave need for a state for safe haven for Jews; and
Whereas, for more than five decades since the legal establishment of the State of Israel, its people have been subjected to continual terrorist activities and wars by its neighbors; and
Whereas, it is the moral right and duty for any legally established nation to protect its people and its existence as Israel has done and continues to do; and
Whereas, in the wake of the terrorist attacks on the United States of America on September 11, 2001, the United States, South Carolina, and Israel now are committed to the same fight against worldwide terrorism that threatens to destroy all of our civilization; and
Whereas, even though in 1967, all of the West Bank, half of Jerusalem, and all of the cities contained in the lands thereof were not under the control of Israel, and without provocation Israel was still attacked with the stated purpose being the complete and total elimination of the State of Israel; and
Whereas, the actions of Yasser Arafat and those who he supports and harbors intentionally target civilians of Israel to be killed, which is the definition of terrorism, thus making all those who pursue these actions terrorists; and
Whereas, the actions of the State of Israel have been only to hunt down and bring to justice the terrorists and those who support and harbor terrorism in order to protect the citizens of the State of Israel which is the first duty of any sovereign, peaceful state in the world; and
Whereas, Israel has consistently pursued these goals with the stated goal of not harming innocent civilians in any way, therefore making their actions legally defensive rather than terroristic; and
Whereas, Israel is doing nothing more than the United States is doing to hunt down and bring to justice the terrorists and the terrorist organizations involved in the terrorist acts against innocent civilians in New York, Washington, and Pennsylvania on September 11, 2001; and
Whereas, the State of South Carolina has many of her native men and women serving in combat in the war against terror at this time; and
Whereas, the people of South Carolina, along with all Americans, grieve the senseless loss of innocent lives due to such infamous acts of terror and evil throughout our world; and
Whereas, the State of South Carolina publicly declares its unequivocal support for the State of Israel in its need to maintain its existence as a country and a democracy. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly, by this resolution, declare their support for the State of Israel and its relentless battle against terrorism and urge all states and nations to join in supporting this great country in its fight against terrorism.
Be it further resolved that a copy of this resolution be forwarded to the President of the United States, the South Carolina delegation to the United States Congress, and to the Israeli embassy in Washington, D.C., for transmission to all of the proper authorities in the State of Israel.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5251 (Word version) -- Reps. J. Hines, Neilson and Lucas: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND ALTON BEASLEY JEFFORDS OF LAMAR, SOUTH CAROLINA FOR HIS NUMEROUS AND VALUABLE CONTRIBUTIONS TO THE STATE'S FARMING AND AGRICULTURAL INDUSTRY.
The Resolution was adopted.
The following was introduced:
H. 5252 (Word version) -- Rep. Harvin: A CONCURRENT RESOLUTION TO COMMEND AND EXTOL CHARLES ALLEN RIDGEWAY, MAYOR OF THE TOWN OF SUMMERTON, FOR HIS ENTHUSIASM AND DEDICATION BY KEEPING HIS CAMPAIGN PROMISES TO CLEAN UP, FIX UP, AND IMPROVE THE QUALITY OF LIFE IN THE TOWN AND TO EXTEND BEST WISHES FOR GOOD HEALTH, HAPPINESS, AND PROSPERITY IN ALL HIS FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5253 (Word version) -- Rep. D. C. Smith: A CONCURRENT RESOLUTION TO COMMEND NANCY M. SMITH OF AIKEN COUNTY, FOR HER LONG AND OUTSTANDING CAREER AS A TEACHER, PRINCIPAL, AND ADMINISTRATOR AND TO WISH HER MANY YEARS OF HEALTH AND HAPPINESS UPON HER RETIREMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. CLYBURN, with unanimous consent, the following was taken up for immediate consideration:
H. 5254 (Word version) -- Reps. Clyburn, Sharpe, D. C. Smith and J. R. Smith: A CONCURRENT RESOLUTION TO PROCLAIM MAY 2002 MENTAL HEALTH MONTH IN SOUTH CAROLINA AND TO CALL UPON THE STATE'S CITIZENS, GOVERNMENT AGENCIES, PUBLIC AND PRIVATE INSTITUTIONS, BUSINESSES, AND SCHOOLS TO RECOMMIT TO INCREASING AWARENESS AND UNDERSTANDING OF MENTAL ILLNESS AND THE NEED FOR APPROPRIATE AND ACCESSIBLE SERVICES FOR ALL PEOPLE WITH MENTAL ILLNESS.
Whereas, good mental health is essential to everyone's overall health and well-being; and
Whereas, one in five American adults and children are affected by mental illness; and
Whereas, mental health problems do not discriminate; they know no race, creed, age limit, or economic status; and
Whereas, people with mental illness can recover and lead full, productive lives; and
Whereas, an estimated two-thirds of adults and young people with mental health problems are not getting the help they need; and
Whereas, untreated or under-treated mental illness costs public and private employers billions of dollars annually through absenteeism, turnover, low productivity, and increased medical costs; and
Whereas, Aiken County and the State of South Carolina have made a commitment to community-based systems of health care in which all residents can receive high quality and consumer-responsible services; and
Whereas, the National Mental Health Association, the National Council for Community Behavioral Health Care and their national partners observe Mental Health Month every May to raise awareness and understanding of mental health and illness; and
Whereas, the United States Congress has officially recognized May as "Mental Health Month" since 1949, and it is the perfect time for parents and caregivers to focus on the mental health of children and adolescents. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the South Carolina General Assembly, by this resolution, proclaim May 2002 Mental Health Month in South Carolina and call upon the state's citizens, government agencies, public and private institutions, businesses, and schools to recommit to increasing awareness and understanding of mental illness and the need for appropriate and accessible services for all people with mental illness.
Be it further resolved that a copy of this resolution be forwarded to Victoria Clare of the Mental Health Association in Aiken County.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. G. BROWN, with unanimous consent, the following was taken up for immediate consideration:
H. 5255 (Word version) -- Rep. G. Brown: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE LEE CENTRAL HIGH SCHOOL GIRLS BASKETBALL TEAM, THE COACHES, AND OTHER SCHOOL OFFICIALS ON WEDNESDAY, MAY 15, 2002, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING AND CONGRATULATING THE TEAM ON WINNING THE 2002 CLASS AA GIRLS BASKETBALL STATE CHAMPIONSHIP.
Be it resolved by the House of Representatives:
That the members of the House of Representatives, by this resolution, extend the privilege of the floor of the South Carolina House of Representatives to the Lee Central High School Girls Basketball Team, the coaches, and other school officials on Wednesday, May 15, 2002, at a time to be determined by the Speaker, for the purpose of recognizing and congratulating the team on winning the 2002 Class AA Girls Basketball State Championship.
The Resolution was adopted.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 5256 (Word version) -- Reps. Gilham, Lloyd and Rivers: A BILL TO AMEND ACT 589 OF 1986, AS AMENDED, PERTAINING TO THE BEAUFORT COUNTY BOARD OF EDUCATION, SO AS TO REVISE THE MANNER IN WHICH CANDIDATE PETITIONS ARE SUBMITTED AND PROCESSED.
Referred to Beaufort Delegation
S. 1259 (Word version) -- Senator Fair: A JOINT RESOLUTION TO ESTABLISH THE SOUTH CAROLINA COVENANT MARRIAGE STUDY COMMITTEE, TO PROVIDE FOR ITS MEMBERSHIP, SCOPE OF STUDY, AND REPORTING REQUIREMENTS, AND TO ABOLISH THE STUDY COMMITTEE UPON SUBMISSION OF ITS REPORT.
Referred to Committee on Judiciary
S. 1260 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 50-21-135, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHMENT OF A NO WAKE ZONE ON THE ASHLEY RIVER, SO AS TO PROVIDE FOR THE ESTABLISHMENT OF A NO WAKE ZONE FOR A CERTAIN PORTION OF ADAM'S CREEK ADJACENT TO WADMALAW ISLAND.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
S. 1266 (Word version) -- Senator McGill: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 3 AND 4, 2002, BY THE STUDENTS OF ANY SCHOOL IN WILLIAMSBURG 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.
On motion of Rep. KENNEDY, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
The roll call of the House of Representatives was taken resulting as follows:
Allen Allison Altman Bales Barfield Barrett Battle Bingham Bowers Breeland Brown, G. Brown, J. Brown, R. Campsen Carnell Cato Chellis Clyburn Coates Cobb-Hunter Cooper Dantzler Delleney Easterday Edge Emory Fleming Frye Gilham Gourdine Govan Harrell Harrison Haskins Hayes Hines, J. Hines, M. Hinson Howard Huggins Jennings 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 Neal, J.H. Neal, J.M. Neilson Ott Owens Parks Perry Phillips Quinn Rhoad Rice Riser Rivers Sandifer Scarborough Scott Sheheen Simrill Sinclair Smith, D.C. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Snow Stuart Talley Taylor Thompson Townsend Vaughn Walker Webb Weeks Whatley Whipper White Wilder Wilkins Witherspoon Young, A. Young, J.
I came in after the roll call and was present for the Session on Thursday, May 9.
Todd Rutherford Ralph Davenport Bill Cotty Harry Askins Charles Sharpe Mary Beth Freeman Creighton Coleman Daniel Tripp Fletcher Smith Alex Harvin
LEAVE OF ABSENCE
The SPEAKER granted Rep. M. HINES a leave of absence for the remainder of the day to attend a Baptist Convention.
The SPEAKER granted Rep. TROTTER a leave of absence for the day due to business reasons.
Announcement was made that Dr. Fred J. McElveen of West Columbia is the Doctor of the Day for the General Assembly.
Reps. SHARPE and FRYE presented to the House the King Academy Girls Basketball Team, the 2002 South Carolina Independent School Athletic Association AA State Champions, their coaches and other school officials.
Rep. PHILLIPS moved to adjourn debate upon the following Bill until Tuesday, May 14, 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.
The following Bills were taken up, read the second time, and ordered to a third reading:
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.
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.
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.
Rep. DELLENEY explained the Bill.
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.
Rep. TRIPP explained the Bill.
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.
Rep. RHOAD explained the Bill.
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.
Rep. OTT explained the Bill.
On motion of Rep. LUCAS, with unanimous consent, it was ordered that H. 5237 be read the third time tomorrow.
On motion of Rep. HAYES, with unanimous consent, it was ordered that H. 5238 be read the third time tomorrow.
On motion of Rep. HARRISON, with unanimous consent, it was ordered that S. 1172 be read the third time tomorrow.
On motion of Rep. TRIPP, with unanimous consent, it was ordered that H. 5037 be read the third time tomorrow.
On motion of Rep. WITHERSPOON, with unanimous consent, it was ordered that S. 1001 be read the third time tomorrow.
On motion of Rep. WITHERSPOON, with unanimous consent, it was ordered that S. 969 be read the third time tomorrow.
The following Bill was taken up:
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.
Rep. R. BROWN proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\AMEND\22571CM02), which was adopted:
Amend the bill, as and if amended, SECTION 1, page 1, by deleting /fifteen/ on line 27 and inserting /ten/.
Amend title to conform.
Rep. R. BROWN explained the amendment.
The amendment was then adopted.
Rep. ALTMAN moved to table the Bill, which was agreed to by a division vote of 6 to 3.
The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments:
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.
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 following Bills were taken up, read the third time, and ordered sent to the Senate:
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.
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.
The following Bill was taken up:
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.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\PT\AMEND\1965ZCW02), which was adopted:
Amend the bill, as and if amended, page 2, lines 15-17, by striking SECTION 2 and inserting:
/ SECTION 2. The General Assembly of the State of South Carolina disavows any other calls or applications, by any means expressed, including but not limited to S.1024 of 1978, to Congress for a constitutional convention. /
Amend title to conform.
Rep. CAMPSEN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. KLAUBER, with unanimous consent, it was ordered that H. 5102 be read the third time tomorrow.
The following Bill was taken up:
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.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\11652AC02), which was adopted:
Amend the bill, as and if amended, by deleting SECTION 2 of the bill and inserting:
/SECTION 2. This act takes effect January 1, 2003./
Renumber sections to conform.
Amend totals and title to conform.
Rep. J. YOUNG explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. J. YOUNG, with unanimous consent, it was ordered that S. 633 be read the third time tomorrow.
The following Joint Resolution was taken up:
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.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Section 33, Article III of the Constitution of this State be amended to read:
"Section 33. No unmarried woman person shall legally consent to sexual intercourse who shall not have attained the age of fourteen sixteen years."
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 33, Article III of the Constitution of this State be amended to raise the age at which an unmarried person can legally consent to sexual intercourse from the age of fourteen years to the age of sixteen years?
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'."
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\11705AC02), which was adopted:
Amend the joint resolution, as and if amended, page 1, line 24 by deleting /woman/ and inserting /woman person/. So when amended Section 33 reads:
/ "Section 33. No unmarried woman person shall legally consent to sexual intercourse who shall not have attained the age of fourteen sixteen years."/
Amend the joint resolution further, SECTION 2, page 1, line 34 by deleting /woman/ and inserting /person/. So when amended SECTION 2 of the joint resolution reads:
/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 33, Article III of the Constitution of this State be amended to raise the age at which an unmarried person can legally consent to sexual intercourse from the age of fourteen years to the age of sixteen years?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. EASTERDAY explained the amendment.
The amendment was then adopted.
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:
Allison Bales Barfield Barrett Battle Bingham Breeland Brown, J. Campsen Carnell Cato Chellis Clyburn Coates Cobb-Hunter Cooper Cotty Dantzler Davenport Delleney Easterday Edge Emory Fleming Freeman Frye Gilham Gourdine Govan Harrell Harrison Haskins Hayes Hines, J. Hinson Howard Huggins Jennings Kelley Kennedy Kirsh Klauber Koon Leach Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack Martin McCraw McGee McLeod Meacham-Richardson Merrill Miller Neal, J.H. Neal, J.M. Neilson Owens Parks Perry Phillips Rice Riser Rutherford Sandifer Scarborough Scott Sharpe Simrill Smith, D.C. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Snow Stuart Talley Taylor Thompson Townsend Tripp Vaughn Walker Webb Weeks Whatley White Wilder Wilkins Witherspoon Young, A.
Those who voted in the negative are:
So, the Joint Resolution, as amended, having received the necessary two-thirds vote, was passed and ordered to third reading.
On motion of Rep. HARRISON, with unanimous consent, it was ordered that H. 3776 be read the third time tomorrow.
The following Bill was taken up:
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.
Rep. W. D. SMITH made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
S. 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.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\ 11695AC02):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Title 27 of the 1976 Code is amended by adding:
Section 27-42-10. This chapter may be cited as the 'South Carolina Vacation Rental Act'.
Section 27-42-20. (A) This chapter applies to any rental management company acting on behalf of an owner or to any other persons or entities otherwise engaged in the renting or managing of residential property for vacation rental as defined in this chapter.
(B) This chapter does not apply to:
(1) lodging provided by hotels, motels, tourist camps, or campgrounds subject to regulation under Title 45, including hotels, motels, or condominiums with multiple owners owning and managing individual units or groups of units that rent units on a daily basis or longer, and provide a front desk or office for customer service, or provide a centralized telephone system, or provide housekeeping services at no additional charge;
(2) any vacation timesharing accommodation as defined by Section 27-32-10(7) and (8);
(3) rental of residential property on a weekly or monthly basis pursuant to Chapter 40 of this title, the South Carolina Residential Landlord and Tenant Act.
Section 27-42-30. As used in this chapter:
(1) 'Residential property' means an apartment, condominium, single family home, townhouse, cottage, or other property devoted to residential use or occupancy by one or more persons for a definite or indefinite period.
(2) 'Rental management company' means a licensed property manager-in-charge or broker-in-charge and their associates and employees who manage vacation rentals.
(3) 'Vacation rental' means the lease, sublease, or other rental of residential property for a period of fewer than ninety days, except that it does not include rental of residential property on a weekly or monthly basis pursuant to Chapter 40 of this title, the South Carolina Residential Landlord and Tenant Act.
(4) 'Vacation rental agreement' means a written agreement between an owner or the owner's rental management company and a tenant, in which the tenant rents residential property belonging to the owner for a vacation rental. This definition includes electronically transmitted agreements, including, but not limited to, agreements entered into over the internet and electronic facsimiles.
(5) 'Vacation rental management agreement' means a written agreement between an owner and the owner's rental management company, in which the rental management company manages residential property belonging to the owner for a vacation rental. This definition includes electronically transmitted agreements, including, but not limited to, agreements entered into over the internet and electronic facsimiles.
Section 27-42-40. (A) An owner or rental management company and tenant shall use a written vacation rental agreement for all vacation rentals subject to the provisions of this chapter. No vacation rental agreement is valid and enforceable unless the tenant has accepted the agreement as evidenced by at least one of the following:
(1) the tenant's signature on the vacation rental agreement, including electronic signatures transmitted over the internet or other similar medium;
(2) the tenant's payment of any monies towards the vacation rental agreement;
(3) the tenant's taking possession of the property subject to the vacation rental agreement.
(B) A rental management company in a vacation rental agreement shall place in a trust account conforming with the requirements of Section 40-57-135(B) any monies received from the tenant. The rental management company may require the tenant to pay all or part of any required rent, security deposit, or other fees in advance of the tenancy. The terms of these advanced payments, which may be nonrefundable, must be stated in the vacation rental agreement.
(C) A rental management company that executes a vacation rental agreement that does not conform to the provisions of this chapter or fails to execute a vacation rental agreement is subject to disciplinary action by the South Carolina Real Estate Commission under Section 40-57-145.
(D) A rental management company has a duty to inform each owner under contract with the rental management company of the owner's obligations under this section. If the rental management company has performed this duty, the rental management company is not liable for the owner's refusal or failure to comply with the requirements of this chapter. Nothing in this section may be construed to conflict with, or alter, the rental management company's duties under the rules and regulations of the South Carolina Real Estate Commission.
Section 27-42-50. (A) The grantee of residential property subject to a vacation rental shall take title subject to the vacation rental agreement and the vacation rental management agreement for all vacation rental periods that begin no later than ninety days after the date the grantee's interest is recorded in the office of the register of deeds. If the vacation rental begins more than ninety days after the recording of the grantee's interest, then no party has the right to enforce the terms of the vacation rental agreement or occupancy provided for in the agreement, but the tenant is due a refund of any payments towards the agreement within forty-five days of the recording of the transfer of interest.
(B) Before ratification of any contract of sale, the grantor shall disclose to the grantee in writing all future time periods that the property is subject to a vacation rental. Not later than fourteen consecutive days after entering into a contract of sale or transfer of interest, whichever is earlier, the grantor shall disclose in writing to the rental management company the grantee's name and address. Not later than fourteen consecutive days after the date of the transfer of interest, the grantor shall disclose in writing to the rental management company the grantee's name, address, and date the transfer of interest was recorded. A grantor or grantee who knowingly violates or fails to perform any duty prescribed by any provision of this chapter is liable for actual damages proximately caused to the tenant and court costs. The court may award reasonable attorney fees incurred by the prevailing party. No action may be brought against an owner or rental management company by a tenant for any damages or injuries that occur as a result of property defects of which an owner or rental management company had no actual knowledge.
Section 27-42-60. If state or local authorities order a mandatory evacuation of an area that includes a residential property subject to a vacation rental, the tenant in possession of the property shall comply with the evacuation order.
Section 27-42-70. Failure by the owner to disclose the existence of a vacation rental agreement to the purchaser, closing attorney, lender, or title insurer does not:
(1) void the sales agreement;
(2) create an encumbrance or defect in title; or
(3) create a cause of action against the purchaser, closing attorney, lender, or title insurer for failure to discover the existence of the vacation rental agreement."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. EDGE explained the amendment.
Rep. SCOTT made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 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.
Rep. SCOTT made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
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.
Rep. OTT explained the Bill.
Rep. LIMEHOUSE spoke in favor of the Bill.
The Bill was read the second time and ordered to third reading.
On motion of Rep. WITHERSPOON, with unanimous consent, it was ordered that S. 1061 be read the third time tomorrow.
Rep. FRYE moved that the House recur to the Morning Hour, which was agreed to.
The following was received:
Columbia, S.C., May 9, 2002
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 3010:
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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received from the Senate:
Columbia, S.C., May 9, 2002
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H. 4878:
H. 4878 -- Ways and Means Committee: GENERAL APPROPRIATIONS BILL.
Very respectfully,
President
On motion of Rep. HARRELL, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. HARRELL, KELLEY and QUINN to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received:
Columbia, S.C., May 9, 2002
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Leatherman, Moore and Hayes of the Committee of Conference on the part of the Senate on H. 4878:
H. 4878 -- Ways and Means Committee: GENERAL APPROPRIATIONS BILL.
Very respectfully,
President
Received as information.
The following was introduced:
H. 5257 (Word version) -- Reps. Haskins, Cato, Easterday, Leach, Rice, Vaughn and Wilkins: A HOUSE RESOLUTION TO COMMEND THE GREENVILLE GROOVE ON A TERRIFIC FIRST SEASON OF COMPETITION AND TO CONGRATULATE THE TEAM ON WINNING THE 2002 NATIONAL BASKETBALL DEVELOPMENT LEAGUE CHAMPIONSHIP.
The Resolution was adopted.
The following was introduced:
H. 5258 (Word version) -- Rep. Scott: A CONCURRENT RESOLUTION TO CONGRATULATE MR. AND MRS. SANK L. ANDERSON, OF RICHLAND COUNTY, ON CELEBRATING THEIR FIFTY-SIXTH WEDDING ANNIVERSARY ON MAY 27, 2002.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bill was introduced, read the first time, and referred to appropriate committee:
H. 5259 (Word version) -- Reps. Meacham-Richardson, Kirsh, Loftis, A. Young, Trotter, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Cooper, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, Hinson, Howard, Huggins, Jennings, Kelley, Kennedy, Klauber, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Riser, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Vaughn, Walker, Weeks, Whatley, White, Wilder, Witherspoon and J. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-1-60 SO AS TO PROVIDE THAT NO CONTRACTUAL AGREEMENT FOR THE LEASING OF RESIDENTIAL OR COMMERCIAL PROPERTY AND NO HOMEOWNER'S ASSOCIATION BY-LAWS MAY RESTRICT THE LAWFUL FLYING OF THE AMERICAN FLAG ON THE PREMISES.
Rep. MEACHAM-RICHARDSON moved to waive Rule 5.12, which was agreed to by a division vote of 27 to 0.
On motion of Rep. MEACHAM-RICHARDSON, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
The following Bill was taken up:
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.
Rep. BALES made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Joint Resolution was taken up, read the second time, and ordered to a third reading:
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.
Rep. ASKINS explained the Joint Resolution.
On motion of Rep. ASKINS, with unanimous consent, it was ordered that S. 1221 be read the third time tomorrow.
The following Bill was taken up:
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.
Rep. WALKER made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
On motion of Rep. RICE, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means:
S. 1195 (Word version) -- Senator Martin: A BILL TO ENACT THE "SCHOOL DISTRICT OF PICKENS COUNTY SCHOOL BOND PROPERTY TAX RELIEF ACT" WHICH AUTHORIZES THE IMPOSITION OF THE ONE PERCENT SALES AND USE TAX WITHIN PICKENS COUNTY UPON APPROVAL IN A REFERENDUM TO BE USED FOR SPECIFIED SCHOOL PURPOSES.
Rep. RICE moved to waive Rule 5.12, which was agreed to by a division vote of 13 to 0.
Rep. WEEKS, with unanimous consent, withdrew his request for debate on H. 3592; however, other requests for debate remained on the Bill.
Rep. EASTERDAY asked unanimous consent to recall S. 252 from the Committee on Judiciary.
Rep. BALES objected.
On motion of Rep. HARRISON, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary:
S. 1023 (Word version) -- Senators Bauer, Giese, Mescher, Ravenel, Hayes, Ryberg, O'Dell, Gregory, Grooms, Kuhn, Martin and Branton: A BILL TO AMEND SECTION 17-5-560, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CERTIFICATION OF THE CAUSE OF DEATH ON A DEATH CERTIFICATE BY A CORONER, DEPUTY CORONER, MEDICAL EXAMINER, OR DEPUTY MEDICAL EXAMINER, SO AS TO PROVIDE THAT THESE PERSONS ARE NOT REQUIRED TO SIGN, BUT SHALL COMPLETE AND EXECUTE THE MEDICAL CERTIFICATION PORTION OF A DEATH CERTIFICATE, AND IF THE CERTIFICATION OF CAUSE OF DEATH CANNOT BE COMPLETED WITHIN A CERTAIN PERIOD OF TIME WHEN AN AUTOPSY IS SCHEDULED, THEN THE COUNTY MEDICAL EXAMINER SHALL INDICATE THAT THE CAUSE OF DEATH IS PENDING AND CERTIFY THE CERTIFICATION OF CAUSE OF DEATH.
Rep. HARRISON moved to waive Rule 5.12, which was agreed to by a division vote of 17 to 0.
The Senate amendments to the following Concurrent Resolution were taken up for consideration:
H. 4321 (Word version) -- Reps. Sheheen, Cotty, Lucas and J. M. Neal: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO ERECT SIGNS AT THE CAMDEN CITY LIMITS ON UNITED STATES HIGHWAY 521 SOUTH AND NORTH, AND UNITED STATES HIGHWAY 1 EAST AND WEST, THAT CONTAIN THE WORDS "CAMDEN-HOME OF BASEBALL HALL-OF-FAMER LARRY DOBY".
Whereas, on July 5, 1947, Larry Doby debuted with the Cleveland Indians, an event which also served as the integration of Major League Baseball's American League; and
Whereas, Mr. Doby is a "native son" of South Carolina, having been born in Camden on December 13, 1924, and having resided in Camden until his teen years; and
Whereas, he was also among the first African-Americans to appear in a Major League Baseball All-Star Game and appeared on six consecutive All-Star teams; and
Whereas, Larry Doby hit more than two hundred fifty home runs and drove in almost one thousand runs in a productive thirteen-year career; and
Whereas, the Cleveland Indians have retired Mr. Doby's uniform number 14, and he is a member of Major League Baseball's Hall of Fame; and
Whereas, it is fitting and proper to honor this native of South Carolina by erecting appropriate signs outside the Camden city limits that proclaim it as the birthplace of a legendary baseball hero. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly request that the Department of Transportation erect signs outside the Camden city limits on United States Highway 521 South and North, and United States Highway 1 East and West, that contain the words:
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.
The Senate amendments were concurred in and a message was ordered sent to the Senate accordingly.
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. FLEMING moved to adjourn debate on the Bill until Tuesday, May 14.
Rep. WITHERSPOON moved to table the motion, which was agreed to.
The 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.
The following Joint Resolution was taken up, read the third time, and ordered returned to the Senate with amendments:
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.
The following Joint Resolution 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 it be enrolled for ratification:
S. 926 (Word version) -- Senators Ritchie, Ford, Hutto, Drummond, Matthews, Reese, Martin, Moore, Setzler, Fair and Holland: A JOINT RESOLUTION TO ALLOW THE SOUTH CAROLINA STATE PORTS AUTHORITY TO BEGIN THE PERMITTING PROCESS AS WELL AS THE ENVIRONMENTAL IMPACT STUDY FOR PORT EXPANSION ON DANIEL ISLAND, COOPER RIVER SIDE, TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION, THE PUBLIC RAILWAY DIVISION OF THE DEPARTMENT OF COMMERCE, AND THE STATE INFRASTRUCTURE BANK TO EXPLORE ALL POTENTIAL OPPORTUNITIES, FEDERAL RESOURCES FOR INFRA-STRUCTURE IMPROVEMENTS FOR PORT EXPANSION, AND TO DIRECT THE STATE BUDGET AND CONTROL BOARD TO TAKE STEPS TO PROVIDE INDEMNIFICATION FOR BOARD MEMBERS RELATING TO THEIR SERVICE ON THE BOARD.
The following Concurrent Resolution was taken up:
H. 5225 (Word version) -- Rep. Allen: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE AUGUSTA ROAD BRIDGE THAT CROSSES INTERSTATE HIGHWAY 85 IN GREENVILLE COUNTY IN HONOR OF THE LATE MR. OTIS C. DAVIS, SR., AND INSTALL APPROPRIATE MARKERS OR SIGNS CONTAINING THE WORDS "OTIS C. DAVIS, SR. MEMORIAL BRIDGE".
Whereas, Mr. Otis C. Davis, Sr., was born on May 13, 1910, and died on February 15, 2000, in Greenville County, the son of the late Richard and Tina Garrett Davis; and
Whereas, in 1929, he married the late Ella Dixon Davis and together they were the parents of thirteen children; and
Whereas, he attended Bakers Chapel School and was reared on a large farm where he developed a love for animals and nature; and
Whereas, Mr. Davis operated a large-scale farm for many years, briefly worked in a sawmill, and ultimately became the first black building contractor in the Greenville area; and
Whereas, using his talents to help many black individuals become home owners, he developed several housing subdivisions in Greenville County which include ones on Maudie Street and Theresa Drive; and
Whereas, he also built or renovated more than forty area churches and was the contractor for the Ghana Motel, one of the first motels for black individuals; and
Whereas, Mr. Davis was a faithful member of the Rock Hill Baptist Church for more than sixty years where he served as Chairman of the Deacon's Board and Sunday School Superintendent; and
Whereas, the members of the General Assembly, by this resolution, request the Department of Transportation name the Augusta Road Bridge that crosses Interstate Highway 85 in Greenville County in honor of the late Mr. Otis C. Davis, Sr., a distinguished son of South Carolina. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly request the Department of Transportation to name the Augusta Road Bridge that crosses Interstate Highway 85 in Greenville County in honor of the late Mr. Otis M. Davis, Sr., and install appropriate markers or signs at the bridge containing the words "Otis C. Davis, Sr. Memorial Bridge" to recognize his numerous and outstanding accomplishments.
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.
The Concurrent Resolution was adopted and sent to the Senate.
The motion period was dispensed with on motion of Rep. FLEMING.
Rep. TOWNSEND moved to adjourn debate upon the following Bill until Tuesday, May 14, 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.
Rep. MCLEOD moved to adjourn debate upon the following Bill until Tuesday, May 14, 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.
Rep. WALKER moved to adjourn debate upon the following Bill until Tuesday, May 14, 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 motion of Rep. SCOTT to reconsider the vote whereby debate was adjourned on the following Bill until Tuesday, May 14 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. QUINN moved to table the motion to reconsider.
Rep. SCOTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bales Bingham Cotty Frye Harrison Huggins Koon McLeod Quinn Riser Stuart
Those who voted in the negative are:
Brown, J. Howard Lourie Neal, J.H. Rutherford Scott Smith, J.E.
So, the motion to reconsider was tabled.
Rep. WEEKS moved to adjourn debate upon the following Bill until Tuesday, May 14, which was adopted:
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.
Rep. WALKER moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 5026 (Word version) -- Reps. Campsen, Altman, Bingham, R. Brown, Chellis, Cooper, Dantzler, Fleming, Harrell, Limehouse, Merrill, Quinn, Scarborough, Simrill, G. M. Smith, Whatley and Whipper: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE, CURRENTLY UNDER CONSTRUCTION, THAT SPANS BREACH INLET BETWEEN SULLIVAN'S ISLAND AND THE ISLE OF PALMS IN CHARLESTON COUNTY ON SOUTH CAROLINA HIGHWAY 703 THE H. L. HUNLEY BRIDGE AND INSTALL APPROPRIATE SIGNS OR MARKERS, SO THAT AS THE PUBLIC PASSES, THEY WILL REMEMBER THE SUBMARINE, THE H.L. HUNLEY, AND THE NINE BRAVE CREW MEN WHO DIED ON BOARD.
H. 5194 (Word version) -- Reps. Townsend, Barrett, Sharpe and Martin: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF PUBLIC SAFETY AND THE DEPARTMENT OF TRANSPORTATION HONOR THE MOTOR VEHICLE MAXIMUM LENGTH LIMITATIONS PERMITTED BY THE STATES OF NORTH CAROLINA AND GEORGIA, RESPECTIVELY, UPON MOTOR VEHICLES THAT DISPLAY FARM TRUCK LICENSE PLATES FROM THOSE STATES.
H. 5230 (Word version) -- Reps. Scarborough and Altman: A CONCURRENT RESOLUTION CONGRATULATING JAMES ISLAND CHRISTIAN SCHOOL OF CHARLESTON COUNTY ON WINNING THE SOUTH CAROLINA ENVIROTHON COMPETITION ON APRIL 26, 2002, IN COLUMBIA.
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.
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.
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.
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.
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.
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.
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.
At 11:45 a.m. the House, in accordance with the motion of Rep. WITHERSPOON, adjourned in memory of former Senator James P. Stevens, Sr. of Horry County, to meet at 10:00 a.m. tomorrow.
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