Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 noon.
Deliberations were opened with prayer by Rev. W. Osborne Herlong, Jr. as follows:
Holy God, holy and mighty, holy and immortal, look upon us with Your mercy and hear us. Give peace, O Lord, in all the world; for only in You can we live in safety. Keep this nation under Your care, and guide us in the way of justice and truth. Bestow Your wisdom upon the members of this legislative assembly so that they may delight in Your will and walk in Your ways. In You, O God, we place our trust this day. 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 Friday, the SPEAKER ordered it confirmed.
Rep. WHITE moved that when the House adjourns, it adjourn in memory of Bo Gilreath of Anderson, which was agreed to.
The following was received:
WINTHROP UNIVERSITY AT-LARGE SEAT
CANDIDATE SCREENING
********
Tuesday, May 14, 2002
11:40 a.m. - 12:05 p.m.
COMMITTEE MEMBERS PRESENT:
Rep. Olin Phillips, Chairman
Sen. Thomas Alexander
Sen. Maggie Glover
Sen. Linda Short
Rep. Lanny F. Littlejohn
REP. PHILLIPS: I'll call this meeting to order for the purpose of screening for four candidates for Winthrop University, seat at-large. I want to welcome committee members Representative Lanny Littlejohn from Spartanburg and Senator Linda Short from Chester, Union and ...
SEN. SHORT: York and Fairfield.
REP. PHILLIPS: I can't keep up with them. There are too many of them. But anyway, we welcome you here. The staff is Sophia Floyd and our stenographer is Christine Howell. We welcome Senator Alexander who just joined us.
REGGIE LLOYD, being duly sworn, testifies as follows:
REP. PHILLIPS: Mr. Lloyd, do you have any ... should you be elected to this position, would it cause it any conflict of interest for you?
MR. LLOYD: No, sir.
REP. PHILLIPS: Do you have any illness or anything that would constitute maybe where you couldn't be a full-fledged board member or that would keep you from being able to fulfill the duties of board member?
MR. LLOYD: No, sir, Mr. Chairman.
REP. PHILLIPS: None. Hobbies or anything that would conflict or anything of that nature?
MR. LLOYD: No, sir.
REP. PHILLIPS: Thank you, sir, go ahead with your short message here.
MR. LLOYD: Mr. Chairman and members of the committee, I'll heed the Chairman's advice and be very brief this morning. I attended
REP. PHILLIPS: All of you are qualified and at the proper time, and Mr. Floyd will be contacting you, hopefully we can get this out very rapidly, and get it on the ... and get it on the Senate and House Journal so you can solicit votes. Hopefully we can give you some quality time to solicit votes. We're in the last moments as I told you a while ago, so we don't know when we're going to be here. Thank you very much for coming, we appreciate the committee efforts here today and all of you showing up. Thank you.
(There being nothing further, the candidate screening concluded at 12:05 p.m.)
The Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities finds the following candidates for Boards of Trustees qualified. Background reports from the State Law Enforcement Division show no felony charges against any of the candidates.
Candidates Winthrop University At-Large seat
Mr. Reggie Lloyd
Dr. Leland H. Cox, Jr.
Mr. Alan H. Kyber
Mr. John M. Deal, Jr.
Received as information.
The following was received:
May 16, 2002
The Honorable J. Todd Rutherford
432A Blatt Building
Columbia, South Carolina 29211
Dear Todd:
It is with pleasure that I appoint you to serve on the Judiciary Committee, effective immediately. I know that you will serve this committee with honor and distinction. If you have any questions, please do not hesitate to contact me.
I look forward to working with you.
Sincerely,
David H. Wilkins
Speaker of the House
Received as information.
The following was received from the Senate:
Columbia, S.C., May 16, 2002
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 3697 and asks for a Committee of
H. 3697 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 17-3-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION ON INDIGENT DEFENSE, ITS MEMBERSHIP AND TERMS, SO AS TO RECONSTITUTE THE COMMISSION MEMBERSHIP ON JULY 1, 2001, WITH THREE MEMBERS APPOINTED BY THE GOVERNOR ON THE RECOMMENDATION OF THE PUBLIC DEFENDER ASSOCIATION AND FOUR MEMBERS APPOINTED BY THE CHAIRMEN OF THE HOUSE AND SENATE JUDICIARY COMMITTEES, TO PROVIDE FOR STAGGERED TERMS, AND TO CAUSE THE TERMS OF THE PRESENT MEMBERS OF THE COMMISSION TO EXPIRE ON JULY 1, 2001.
Very respectfully,
President
Whereupon, the Chair appointed Reps. HARRISON, TAYLOR and F. N. SMITH to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
S. 237 (Word version) -- Senator Leatherman: A BILL TO AMEND TITLE 40, CHAPTER 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESIDENTIAL BUILDERS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, TO PROVIDE CITATION PENALTIES, AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF RESIDENTIAL BUILDERS, RESIDENTIAL SPECIALTY CONTRACTORS, AND HOME INSPECTORS.
Ordered for consideration tomorrow.
S. 464 (Word version) -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 23, TITLE 59 SO AS TO FURTHER PROVIDE FOR APPLICABLE STANDARDS, SPECIFICATIONS, AND CODES WHICH APPLY TO THE CONSTRUCTION, IMPROVEMENT, OR RENOVATION OF PUBLIC SCHOOL BUILDINGS AND PROPERTY, AND TO REQUIRE THE CONSTRUCTION, IMPROVEMENT, OR RENOVATION OF PUBLIC SCHOOL BUILDINGS AND PROPERTY TO BE INSPECTED BY THE STATE SUPERINTENDENT OF EDUCATION OR THE SUPERINTENDENT'S DESIGNEE BEFORE OCCUPANCY; AND TO REPEAL ARTICLE 1, CHAPTER 23, TITLE 59 OF THE 1976 CODE RELATING TO SCHOOL BUILDING CODES AND INSPECTIONS.
Ordered for consideration tomorrow.
On motion of Rep. LIMEHOUSE, with unanimous consent, the following was taken up for immediate consideration:
H. 5294 (Word version) -- Reps. Limehouse and Campsen: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE WANDO HIGH SCHOOL "WARRIORS" BOYS SOCCER TEAM, COACH TOM REILLY, AND OTHER SCHOOL OFFICIALS, ON THURSDAY, MAY 23, 2002, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED FOR AN EXCEPTIONAL SEASON AND ON CAPTURING THE 2002 CLASS AAAA STATE SOCCER CHAMPIONSHIP.
Be it resolved by the House of Representatives:
That the privilege of the floor of the South Carolina House of Representatives is hereby extended to the Wando High School "Warriors" Boys Soccer Team, Coach Tom Reilly, and other school officials, on Thursday, May 23, 2002, at a time to be determined by the Speaker, for the purpose of being recognized and congratulated for an
The Resolution was adopted.
The following was taken up for immediate consideration:
H. 5295 (Word version) -- Rep. Wilkins: A HOUSE RESOLUTION TO AUTHORIZE THE GREENVILLE YOUNG MEN'S CHRISTIAN ASSOCIATION TO USE THE HOUSE CHAMBER AND ANY AVAILABLE COMMITTEE HEARING ROOMS IN THE BLATT BUILDING ON THURSDAY, DECEMBER 5, 2002, AND FRIDAY, DECEMBER 6, 2002, TO CONDUCT A YOUTH IN GOVERNMENT PROGRAM.
Whereas, forty-five states have successful Youth in Government programs; and
Whereas, the Youth in Government program is designed to provide first-hand experience in the state legislature and government affairs for high school students; and
Whereas, students taking part in the program will run for statewide office, pass legislation, and organize their own government; and
Whereas, the purpose of the Young Men's Christian Association's Youth in Government program is to encourage our youth to develop enthusiasm and appreciation for government and community affairs; and
Whereas, more than one thousand two hundred high school students in the State are expected to participate this year, making the South Carolina Youth in Government program the largest per capita in the nation. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the South Carolina House of Representatives authorize the Greenville Young Men's Christian Association Youth In Government program to use the House Chamber and to use such
Be it further resolved that the use of the chamber and the available committee hearing rooms by the Greenville Young Men's Christian Association must be in strict accordance with the policies and rules of the House.
Be it further resolved that the Office of the Sergeant at Arms of the House shall provide assistance and access as necessary for this meeting in accordance with applicable procedures of the rules of the House of Representatives.
Be it further resolved that a copy of this resolution be forwarded to Ms. Mary Capers Bledsoe, Executive Director of the YMCA Youth in Government, and the Honorable Mitchell G. Dorman, Sergeant at Arms of the House.
The Resolution was adopted.
The following was taken up for immediate consideration:
H. 5296 (Word version) -- Reps. Wilkins, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley,
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 House of Representatives to Mrs. Christi McCollum of Bookman Road Elementary School in Elgin, South Carolina, on a date and time to be determined by the Speaker, to commend and congratulate her for being named the South Carolina Teacher of the Year.
The Resolution was adopted.
On motion of Rep. MEACHAM-RICHARDSON, with unanimous consent, the following was taken up for immediate consideration:
H. 5297 (Word version) -- Reps. Meacham-Richardson, Kirsh, Simrill, Moody-Lawrence, McCraw, Delleney and Emory: A CONCURRENT RESOLUTION RECOGNIZING PARAMOUNT'S CAROWINDS THEME PARK FOR ITS NUMEROUS ACCOMPLISHMENTS AND CONTRIBUTIONS TO THE STATE BY DECLARING MAY 29, 2002, "PARAMOUNT'S CAROWINDS DAY".
Whereas, Paramount's Carowinds theme park has been a vital part of the South Carolina tourism industry during the past thirty years; and
Whereas, Paramount's Carowinds has employed more than 80,000 individuals in its three-decade history in our State; and
Whereas, Paramount's Carowinds has continued to grow and expand the park for tourists visiting our State through capital improvements and additions that exceed one hundred eight million dollars in the past thirty years; and
Whereas, Paramount's Carowinds will entertain its 40 millionth guest in 2002; and
Whereas, Paramount's Carowinds has established itself as the number one gated tourist attraction in South Carolina. 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, recognize Paramount's Carowinds for its numerous accomplishments and contributions to the State by declaring May 29, 2002, "Paramount's Carowinds Day".
Be it further resolved that a copy of this resolution be forwarded to the South Carolina Department of Parks, Recreation and Tourism, the Rock Hill Sports and Tourism Commission, and each of the four Chambers of Commerce that make up the Council of Chambers of York County: the Clover Chamber of Commerce, the Greater York Chamber of Commerce, the Lake Wylie Chamber of Commerce, and the York County Regional Chamber of Commerce.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5298 (Word version) -- Reps. Wilkins, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw,
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5299 (Word version) -- Rep. Townsend: A CONCURRENT RESOLUTION COMMENDING AND THANKING DR. AL EADS, JR., FOR HIS MANY OUTSTANDING CONTRIBUTIONS TO EDUCATION IN SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5300 (Word version) -- Reps. Walker, Davenport, Lee, Littlejohn, Sinclair, W. D. Smith, Talley, Vaughn, Wilder, Allen, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, 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, Limehouse,
Whereas, Rita Allison will be leaving her seat in the House of Representatives at the end of the 2001-2002 session, having served the people of this State with dignity, pride, and determination for the past ten years; and
Whereas, Rita Allison is a graduate of the John Roberts School of Fashion Merchandising who has spent many years teaching self-development and modeling, and as a former Special Programs Director for Springs Industry-Lyman, she has worked with people of all ages in a variety of educational and recreational areas for thirty years; and
Whereas, Rita Allison has served with distinction in the House of Representatives since her election in 1993, and during this time she has worked on both the House Ways and Means Committee and the House Education and Public Works Committee; and
Whereas, during her time in the House of Representatives, Rita Allison has risen to leadership positions in several areas; she currently serves as the Assistant Majority Leader, having served as the Majority Whip during the 1998-99 Session, and has chaired both the General Assembly's and GOP Women's Caucus as well as the Ways and Means subcommittee on K-12 education; and
Whereas, Rita Allison has been honored for her outstanding work with a variety of citizen interest groups within the Palmetto State
Whereas, her service in the House of Representatives has been exemplary, yet Rita Allison has done even more for others through her work with school and community service groups; she is a lifetime member and former president of the South Carolina Parent-Teacher Association (PTA), President of the South Carolina United States Jaycee Auxiliaries, and for eight years served on the Spartanburg County District Five Board of Trustees; and
Whereas, Representative Allison has served on the Board of Directors for the Middle Tyger Community Center for the March of Dimes and for the Miss South Carolina Pageant for thirty years; she has also shared her time and talents as a Girl Scout leader for ten years; and
Whereas, Rita Allison is married to William Ronald Allison, and they are the loving and devoted parents of their daughter, Katina Kelley; and
Whereas, Rita Allison is truly a Southern Lady whose charm, grace, and glowing smile will be sorely missed by her colleagues in the House of Representatives, and it is with warmest regards and best wishes that the House of Representatives now says farewell to one of its best and brightest members. Now, therefore,
Be it resolved by the South Carolina House of Representatives:
That the members of the House of Representatives, by this resolution, commend the Honorable Merita Ann "Rita" Allison for her many years of dedicated service to the people of her district and to the citizens of this State as a member of the House of Representatives and wish her great success and happiness in the years to come.
Be it further resolved that a copy of this resolution be presented to the Honorable Rita Allison.
The Resolution was adopted.
On motion of Rep. HUGGINS, with unanimous consent, the following was taken up for immediate consideration:
H. 5301 (Word version) -- Rep. Huggins: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE PLAYERS, COACHES, AND STAFF OF THE CHAPIN HIGH SCHOOL VARSITY BOYS SOCCER TEAM AND OTHER SCHOOL OFFICIALS ON A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING AND CONGRATULATING THE TEAM ON WINNING THE 2002 SOUTH CAROLINA AA SOCCER 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 players, coaches, and staff of the Chapin High School Varsity Boys Soccer Team and other school officials on a date and time to be determined by the Speaker, for the purpose of recognizing and congratulating the team on winning the 2002 South Carolina AA Soccer State Championship.
The Resolution was adopted.
On motion of Rep. GOVAN, with unanimous consent, the following was taken up for immediate consideration:
H. 5302 (Word version) -- Reps. Govan, Stuart and Sharpe: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO DR. LEROY DAVIS ON MAY 29, 2002, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND COMMENDED FOR HIS MAGNIFICENT SERVICE AS PRESIDENT OF SOUTH CAROLINA STATE UNIVERSITY.
Be it resolved by the House of Representatives:
The Resolution was adopted.
The following was introduced:
H. 5303 (Word version) -- Rep. J. E. Smith: A HOUSE RESOLUTION TO EXTEND THE APPRECIATION OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO CHERYL SPENCER OF COLUMBIA FOR HER TWENTY-EIGHT YEARS OF SELFLESS DEDICATION TO THE VITAL EDUCATION OF THIS STATE'S YOUNGEST CITIZENS.
The Resolution was adopted.
The following was introduced:
H. 5304 (Word version) -- Reps. Huggins and McLeod: A HOUSE RESOLUTION TO COMMEND THE PLAYERS, COACHES, AND STAFF OF THE CHAPIN HIGH SCHOOL VARSITY BOYS SOCCER TEAM FOR THEIR OUTSTANDING SEASON OF SPIRITED COMPETITION AND TO CONGRATULATE THEM ON WINNING THE 2002 SOUTH CAROLINA AA SOCCER STATE CHAMPIONSHIP.
The Resolution was adopted.
On motion of Rep. J. E. SMITH, with unanimous consent, the following was taken up for immediate consideration:
H. 5305 (Word version) -- Reps. J. E. Smith, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine,
Whereas, quality childcare programs are essential to the development of our young people into productive citizens and future leaders; and
Whereas, for many children, childcare providers offer and maintain the child's first learning environment outside of the home; and
Whereas, of the twenty-one million children in America under the age of six, approximately thirteen million are in childcare at least part-time and an additional twenty-four million school-age children are in some form of after-school care; and
Whereas, sixty-one percent of children under the age of six in South Carolina have working parents who rely on others to provide childcare and education; and
Whereas, there are some three thousand six hundred licensed childcare centers and family childcare facilities operating in our State, caring for and educating an estimated one hundred eighty-eight thousand South Carolina children; and
Whereas, licensed South Carolina childcare facilities employ more than thirteen thousand five hundred childcare professionals and generate more than three hundred fifty million dollars in business revenue for our State; and
Whereas, the annual celebrations of "Licensed Childcare Month" and "Provider Appreciation Day" are dedicated to raising awareness of the commitment of childcare professionals throughout South Carolina and the nation to the health and safety of the children in their care. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives, by this resolution, do hereby proclaim May 2002, as "Licensed Childcare Month" and May 10, 2002, as "Provider Appreciation Day" throughout the State and encourage all South Carolinians to recognize the benefits quality childcare environments and professionals provide in preparing our young people for a bright and happy future.
The Resolution was adopted.
The following was introduced:
H. 5306 (Word version) -- Reps. Govan, Cobb-Hunter, Ott, Sharpe, Stuart, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, 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, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper,
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
S. 1289 (Word version) -- Senators Elliott, Alexander, Anderson, Bauer, Branton, Courson, Drummond, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Holland, Hutto, Jackson, Knotts, Kuhn, Land, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Saleeby, Setzler, Short, J. V. Smith, Thomas, Verdin and Waldrep: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO RENAME THE INTERCHANGE AT EXIT 101 ON I-20 IN KERSHAW COUNTY THE "RICHARD THOMAS HOLLAND INTERCHANGE" IN HONOR OF HIS CHILDREN, GRANDCHILDREN, ONE OF WHOM IS SENATOR DONALD H. HOLLAND, AND HIS GREAT-GRANDCHILDREN.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bill was introduced, read the first time, and referred to appropriate committee:
H. 5307 (Word version) -- Rep. Meacham-Richardson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-1-285 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROVIDE NOTICE TO THE PUBLIC AND PERSONS DOWNSTREAM
The roll call of the House of Representatives was taken resulting as follows:
Altman Askins Bales Barfield Barrett Battle Bingham Bowers Breeland Brown, G. Brown, J. Brown, R. Carnell Cato Chellis Clyburn Cobb-Hunter Coleman Cooper Dantzler Davenport Delleney Easterday Emory Fleming Freeman Frye Gilham Gourdine Govan Hamilton Harrell Harrison Haskins Hayes Hines, J. Hines, M. Hinson Hosey Howard Huggins Jennings Keegan Kelley Kennedy Kirsh Klauber Koon Law Leach Limehouse 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 Quinn Rice Riser Rivers Sandifer Scott Sharpe Sheheen Simrill Sinclair Smith, D.C. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Snow Stille Stuart Talley Taylor Thompson Townsend Tripp Trotter Vaughn Walker Webb
Weeks Whatley White Wilder Wilkins Witherspoon Young, A. Young, J.
I came in after the roll call and was present for the Session on Tuesday, May 21.
Karl Allen Merita Allison Tracy Edge Bill Cotty Thomas Rhoad Fletcher Smith Joseph Neal Alex Harvin Todd Rutherford Seth Whipper Marty Coates Brenda Lee
The SPEAKER granted Rep. SCARBOROUGH a leave of absence for the day due to personal reasons.
The SPEAKER granted Rep. RODGERS a leave of absence for the week due to medical reasons.
The SPEAKER granted Rep. CAMPSEN a leave of absence due to business reasons.
Announcement was made that Dr. Gary Culbertson of Sumter is the Doctor of the Day for the General Assembly.
Reps. LUCAS, MEACHAM-RICHARDSON, KIRSH and SIMRILL presented to the House Anna Hardin and Kelty Allen of the South Carolina Governor's School for Science and Mathematics for scoring a perfect score 1600 on the SAT.
Rep. WILKINS presented to the House the Greenville High School "Red Raiders" Boys Soccer Team, the Class AAA 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. 5035 (Word version)
Date: ADD:
05/21/02 SANDIFER
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 5291 (Word version) -- Reps. Bingham, Huggins and Riser: A BILL TO DIRECT THE LEXINGTON COUNTY OFFICIAL CHARGED WITH THE RESPONSIBILITY OF COLLECTING DELINQUENT TAXES, IN CONNECTION WITH THE REQUIREMENT FOR PERSONAL PROPERTY TAXES ON A WATERCRAFT AND OUTBOARD MOTOR BE CURRENT BEFORE THE TITLE TO THESE ITEMS MAY BE TRANSFERRED, THAT THIS PROHIBITION ON THE TRANSFER OF TITLE APPLIES ONLY FOR PROPERTY TAXES DUE FOR PROPERTY TAX YEARS BEGINNING AFTER 1999,
S. 1167 (Word version) -- Senators Pinckney and Richardson: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING BY ADDING ARTICLE 91, SO AS TO PROVIDE FOR THE ISSUANCE OF A "PENN CENTER" SPECIAL LICENSE PLATE.
Rep. TOWNSEND explained the Bill.
The following Joint Resolution was taken up:
S. 1133 (Word version) -- Senator Moore: A JOINT RESOLUTION TO ESTABLISH A COMMITTEE TO STUDY CERTAIN ISSUES AFFECTING VETERANS AND PROVIDE FOR RELATED MATTERS INCLUDING, BUT NOT LIMITED TO, COMMITTEE MEMBERSHIP AND DUTIES, THE FILLING OF VACANCIES, AND COMMITTEE MEETINGS AND STAFFING.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\11717AC02), which was adopted:
Amend the joint resolution, as and if amended, by deleting SECTION 2 of the joint resolution and inserting:
/SECTION 2. The committee shall study:
(1) the advisability and feasibility of constructing a fourth state veterans' nursing home in South Carolina;
(2) veterans' access to existing nursing facilities and adult daycare facilities and the availability of these facilities to veterans who may be in need of them;
(3) the ways in which the State should proceed to generate maximum use of state tax revenue for the benefit of veterans;
(4) the projected demographics of the veteran population in South Carolina during the next twenty years; and
(5) possible improvement projects to existing state nursing facilities for veterans.
In formulating its findings and recommendations, the committee shall consider information and recommendations from the State Office of Veterans' Affairs and representatives of the veterans community./
Amend the joint resolution further, by deleting SECTION 4 of the joint resolution and inserting:
/SECTION 4. The committee shall receive clerical and related assistance from the staff of the Senate and the staff of the House of Representatives, as approved and designated by the President of the Senate and the Speaker of the House, respectively. Committee members and committee staff may not receive compensation./
Renumber sections to conform.
Amend totals and title to conform.
Rep. BREELAND explained the amendment.
The amendment was then adopted.
Rep. BREELAND proposed the following Amendment No. 2 (Doc Name COUNCIL\NBD\AMEND\11766AC02), which was adopted:
Amend the joint resolution, as and if amended, SECTION 2, page 1133-1, line 38 after /Affairs/ by inserting /, South Carolina Association of County Veterans' Affairs Service Officers,/
Renumber sections to conform.
Amend totals and title to conform.
Rep. BREELAND explained the amendment.
The amendment was then adopted.
The Joint Resolution, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
S. 638 (Word version) -- Senator Reese: A BILL TO AMEND CHAPTER 3, TITLE 53, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING
Reps. TRIPP, STUART, MILLER, VAUGHN, D. C. SMITH, WEBB, J. R. SMITH, DAVENPORT, SHEHEEN, J. BROWN, BREELAND, HAYES, TALLEY, LITTLEJOHN, PARKS, TOWNSEND, J. HINES, J. M. NEAL and MACK requested debate on the Bill.
The following Bill was taken up:
S. 977 (Word version) -- Senators Giese, J. V. Smith, Land, Short, Drummond, Fair, Mescher, Leatherman, Verdin, Ritchie and Branton: A BILL TO AMEND SECTION 40-33-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE LICENSURE AND REGULATION OF NURSES, SO AS TO DEFINE "ATTENDANT CARE SERVICES" AND "INDIVIDUAL IN NEED OF IN-HOME CARE"; AND TO AMEND SECTION 40-33-50, RELATING TO CIRCUMSTANCES TO WHICH THE CHAPTER DOES NOT APPLY, SO AS TO PROVIDE THAT THE CHAPTER MAY NOT BE CONSTRUED TO PROHIBIT A PERSON NOT LICENSED UNDER THIS CHAPTER FROM PROVIDING ATTENDANT CARE SERVICES WHICH ENABLE A PERSON TO REMAIN AT HOME RATHER THAN IN AN INSTITUTION AND WHICH INCLUDES HOMEMAKER AND COMPANION SERVICES AND CERTAIN HEALTH MAINTENANCE ACTIVITIES.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\11736AC02):
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. A. Chapter 39 of Title 44 is amended by adding:
Section 44-39-200. This article may be cited as the 'Diabetes Mellitus School Care Act'.
Section 44-39-210. For purposes of this article:
(1) 'Diabetes care provider' means a school employee trained in accordance with Section 44-39-220. While a school nurse is a preferred diabetes care provider, a diabetes care provider is not required to be a medical professional. When a school nurse is assigned to a particular school, he or she shall coordinate the provision of diabetes care at that school.
(2) 'School' means a primary, elementary, middle, or secondary public school located within this State.
(3) 'School employee' means a person employed by a public school district or a public special school or a person employed by a local health department who is assigned to a public school or a subcontractor designated for this function.
Section 44-39-220. (A) The Diabetes Initiative of South Carolina, working in cooperation with the South Carolina Board of Nursing, South Carolina Department of Health and Environmental Control, South Carolina Department of Education, and the South Carolina Office of the American Diabetes Association shall develop guidelines for the training of school employees as diabetes care providers. Training must be provided annually by a health care professional with expertise in diabetes and training guidelines must include instruction in:
(1) recognition and treatment of hypoglycemia and hyperglycemia;
(2) understanding the appropriate actions to take when blood glucose levels are outside of the target ranges indicated by student's physician's order or health care plan, or both;
(3) understanding physician instructions concerning drug dosage, frequency, and the manner of administration;
(4) performance of finger-stick blood glucose testing, ketone testing, and recording the results;
(5) administration of oral medications, glucagon, and insulin and the recording of results;
(6) recommended schedules and food intake for meals and snacks, the effect of exercise upon blood glucose levels, and actions to be implemented in the case of schedule disruption.
(B) Each public school district shall provide or contract for the training provided for in subsection (A) to at least one school employee who must be designated as a diabetes care provider by the principal at each public school that does not employ a full-time registered nurse.
(C) Each public school shall develop a written protocol with procedures to be followed if a student diabetes emergency arises when neither a registered nurse nor a diabetes care provider is available.
Section 44-39-230. (A) In accordance with the written instructions of the physician of a student with diabetes, diabetes care providers shall perform functions including, but not limited to:
(1) administering glucagon in an emergency situation;
(2) assisting a student in administering insulin through the insulin delivery system the student uses;
(3) assisting a student in administering other oral diabetes medications;
(4) assisting a student in performing and recording blood glucose testing and ketone testing or assisting a student with such testing; and
(5) following instruction regarding meals, snacks, and physical education.
However, a diabetes care provider may only perform such functions if the student's parent or guardian has informed the school that the student has diabetes mellitus.
(B) A diabetes care provider must be on site and available to assist or to provide care to students with diabetes as set forth in subsection (A) during regular school hours.
(C)(1) A diabetes care provider is immune from civil and criminal liability if the care provider is acting within the scope of his authority as prescribed in this article and in accordance with the training standards and procedures as provided for in Section 44-39-220.
(2) Notwithstanding any other provision of law, a diabetes care provider trained pursuant to Section 44-39-220 who is carrying out the functions enumerated in subsection (A) is not engaging in the practice of nursing and is exempt from all applicable statutory and regulatory provisions that restrict activities that may be delegated to a person who is not a licensed medical professional.
Section 44-39-240. (A) Upon written request of the parent or guardian and authorization by the student's physician, a student with diabetes must be permitted to perform blood glucose tests, administer insulin through the insulin delivery system the student uses, treat hypoglycemia and hyperglycemia, and otherwise attend to the care and
(B) A student's school choice shall in no way be restricted because the student has diabetes.
(C) A student with diabetes may not be denied access or prohibited from participating in school activities and programs including, but not limited to, school-sponsored before-school programs, after school care programs, field trips, and extracurricular activities.
(D) Each public school district shall develop a policy to implement the provisions of this article.
Section 44-39-250. (A) The South Carolina Department of Health and Environmental Control shall provide each private school in the State with a copy of this article and shall make the training materials developed in accordance with Section 44-39-220 available to private schools.
(B)(1) A diabetes care provider employed by a private school or a subcontractor designated for this function is immune from civil and criminal liability if the care provider is acting within the scope of his authority as prescribed in this article and in accordance with the training standards and procedures as provided for in Section 44-39-220.
(2) Notwithstanding any other provision of law, a diabetes care provider who received training comparable to the training provided for in Section 44-39-220 who is carrying out the functions enumerated in Section 44-39-230(A) is not engaging in the practice of nursing and is exempt from all applicable statutory and regulatory provisions that restrict activities that may be delegated to a person who is not a licensed medical professional.
Section 44-39-260. All costs associated with implementing the provisions contained in this article must be borne by the State through an annual appropriation from the state general fund or through private funding. To the extent that a school district incurs any expenses that are not paid for by the State, the provisions in this article that apply to that school district are suspended."
B. Sections 44-39-10 through 44-39-50 of the 1976 Code are designated as Article 1, Chapter 39, Title 44 entitled "Diabetes Initiative of South Carolina" Chapter 39, Title 44 of the 1976 Code is renamed "Diabetes".
C. Notwithstanding the provisions of Section 44-39-220 of the 1976 Code as added by this act, the training required to be provided pursuant
Rep. PARKS explained the amendment.
Reps. TRIPP, VAUGHN, STUART, HAYES, D. C. SMITH, WEBB, BREELAND, J. BROWN, HOSEY, MILLER, J. M. NEAL, EMORY, G. BROWN, J. HINES, LITTLEJOHN, TALLEY, COTTY, SHEHEEN, DAVENPORT, FREEMAN, PARKS and MOODY-LAWRENCE requested debate on the Bill.
The following Bill was taken up:
S. 290 (Word version) -- Senator Bauer: A BILL TO AMEND ACT 789 OF 1952, AS AMENDED, RELATING TO THE CLINTON-NEWBERRY NATURAL GAS AUTHORITY, SO AS TO ALLOW THE AUTHORITY TO ENTER INTO FIRM GAS SALES, MAKE CONSISTENT CHANGES IN PROVISIONS TO ALLOW FIRM GAS SALES, AND CHANGE THE MANNER OF THE DISPOSITION OF NET REVENUES, SO THAT THEY ARE DIVIDED EQUALLY BETWEEN THE CITIES OF CLINTON AND NEWBERRY.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name HOUSEDESK\H-LCI\AMEND\290.HAT):
Amend the bill, as and if amended, by striking the bill in its entirety and inserting therein:
/ SECTION 1. Chapter 9 of Title 58 of the 1976 Code is amended by adding:
Section 58-9-2600. This article regulates the provision of telecommunications service by an agency or entity of the State or a political subdivision of this State, excluding the State Budget and Control Board for services provided as of this act's effective date, to the extent that state constitutional or statutory provisions of law authorize this activity.
Except for the Public Service Commission in regard to its duties and responsibilities under this article, nothing in this article shall be construed to recognize, broaden, or enlarge the authority or legal capacity of any agency or entity of the State or a political subdivision of this State to engage in such activity.
Section 58-9-2610. As used in this article:
(1) 'Government-owned telecommunications service provider' means a state or local political subdivision or person or entity providing telecommunications service to the public for hire over a facility, operation, or system that is directly or indirectly owned by, operated by, or a financial benefit obtained by or derived from, an agency or entity of the State or any local government. 'Government owned telecommunications service provider' does not include the State Budget and Control Board for services provided as of this act's effective date.
The term 'government-owned telecommunications service provider' does not include any state or local governmental entity or agency that obtains or derives financial benefit solely from leasing or renting, to any person or entity, property that is not, in and of itself, a facility used to provide telecommunications service.
(2) 'Telecommunications service' for the purpose of this section is defined in Section 58-9-2200(1).
(3) 'Person' as defined in Section 58-9-10(4) includes a 'government-owned telecommunications service provider'.
Section 58-9-2620. (A) Notwithstanding any other provision of law, a government-owned telecommunications service provider shall:
(1) be subject to the same local, state, and federal regulatory, statutory, and other legal requirements that nongovernment-owned telecommunications service providers are subject to, including regulation by the Public Service Commission;
(2) not be the recipient of any financial benefits of any type that nongovernment-owned telecommunications service providers are not recipients of including, but not limited to, tax exemptions, governmental subsidies of any type, or tax exempt financing;
(3) not be permitted to subsidize the cost of providing telecommunications service with funds from any other nontelecommunications service, operation, or other revenue source. If a determination is made that a direct or indirect subsidy has occurred, the government-owned telecommunications service provider immediately shall increase prices for telecommunications service in a manner that ensures that the subsidy shall not continue, and any
(4) impute, in calculating the cost incurred and in the rates to be charged for the provision of telecommunications services, the following:
(a) cost of capital component, including depreciation expense, that is the equivalent to the cost of capital available to nongovernment-owned telecommunications service providers in the same state or locality, and
(b) an amount equal to all taxes, licenses, fees, and other assessments applicable to a nongovernment-owned telecommunications provider including, but not limited to, federal, state, and local taxes, rights-of-way franchise consent, or administrative fees, and pole attachment fees;
(5) keep separate books and separately account for the revenues, expenses, property, and source of investment dollars associated with the provision of telecommunications service;
(6) be required to prepare and publish an independent annual audit in accordance with generally accepted accounting principles that reflects the full cost of providing the service, including all direct and indirect costs. The indirect costs shall include, but are not limited to, amounts for rights-of-way franchise, consent, or administrative fees, regulatory fees, occupation taxes, pole attachment fees, and ad valorem taxes. The annual accounting must reflect any direct or indirect subsidies received by the government-owned telecommunications provider. Records demonstrating compliance with the provisions of this section shall be filed with the Public Service Commission and be made available for public inspection and copying. The compliance shall be overseen by the Public Service Commission pursuant to and not inconsistent with its power and jurisdiction set forth by law including Section 58-3-140; and
(7) the term 'public' means the public generally or any limited portion of the public, including a person or corporation. The term 'public' excludes governmental agencies or entities when they receive telecommunications service from the Budget and Control Board pursuant to its statutory authority or other legal requirements.
Section 58-9-2630. (A) A government-owned telecommunications service provider shall pay or collect taxes each year in a manner equivalent to taxes paid by nongovernment-owned telecommunications service providers through payment of the following:
(1) all state taxes, including corporate income taxes, under Section 12-6-530 and utility license taxes under Section 12-20-100;
(2) all local taxes, including local business license taxes, under Section 58-9-2230, together with any franchise fees and other local taxes and fees, including impact, user, service, or permit fees, pole rental fees, and rights-of-way, franchise, consent, or administrative fees; and
(3) all property taxes on otherwise exempt real and personal property that are directly used in the provision of telecommunication services.
(B) A government-owned telecommunications service provider shall be required to compute, collect, and remit taxes in the same manner as a nongovernment-owned telecommunications service provider and shall be entitled to the same deductions.
(C) A government-owned telecommunications service provider shall remit to the Department of Revenue any local tax or fee that it imposes and would otherwise be entitled to retain, and the Department of Revenue shall deposit these monies into the general fund and have the same rights and responsibilities as the local government entity to collect, audit, or contest the amount of the taxes paid.
(D) The taxpayer confidentiality provisions contained in Title 12 shall not apply to government-owned telecommunications service providers.
Section 58-9-2650. The Department of Insurance must determine the South Carolina average market rate for private sector liability insurance for telecommunications operations. In order to have government-owned and nongovernment-owned telecommunications service providers in the same competitive position, to the extent possible, the rate paid for liability insurance for government-owned telecommunications operations must be equal to or greater than the average market rate for private sector liability insurance in South Carolina as determined by the Department of Insurance. To the extent that any government-owned telecommunications service provider pays less than the average market rate for this insurance established by the Department of Insurance, the difference shall be remitted by the government-owned telecommunications service provider to the State Treasurer for deposit in the state general fund.
SECTION 2. Section 58-5-30 of the 1976 Code is amended to read:
"Section 58-5-30. Nothing Except as provided in Article 23, Chapter 9 of Title 58, nothing contained in Articles 1, 3, and 5 of this chapter shall give the commission any power to regulate or interfere with
Rep. CATO explained the amendment.
Rep. MCLEOD made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
S. 42 (Word version) -- Senators J. V. Smith, Giese, Reese and Branton: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 81 SO AS TO PLACE THE STATE ATHLETIC COMMISSION UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS AND COMMISSIONS UNDER THE ADMINISTRATION OF THE DEPARTMENT AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF VARIOUS ATHLETES AND ATHLETIC EVENTS; AND TO REPEAL CHAPTER 7, TITLE 52,
Rep. WEEKS 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. 1007 (Word version) -- Senators Bauer, Gregory, Ravenel, Ritchie, Branton, Hawkins, Fair, Hayes and Kuhn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-1-240 SO AS TO PROVIDE THAT MONIES FOR THE PREMIUMS FOR TORT LIABILITY INSURANCE FOR STATE CONSTABLES OBTAINED THROUGH THE OFFICE OF INSURANCE SERVICES OF THE BUDGET AND CONTROL BOARD AND FOR WORKERS' COMPENSATION INSURANCE MUST BE PROVIDED BY APPROPRIATIONS TO THE STATE LAW ENFORCEMENT DIVISION; AND SECTION 42-1-135 SO AS TO PROVIDE THAT THE TERM "EMPLOYEE" FOR PURPOSES OF THE SOUTH CAROLINA WORKERS' COMPENSATION LAW INCLUDES ALL SOUTH CAROLINA STATE CONSTABLES WHILE PERFORMING DUTIES IN CONNECTION WITH THEIR APPOINTMENT; AND TO AMEND SECTION 42-7-65, AS AMENDED, RELATING TO THE DESIGNATION OF "AVERAGE WEEKLY WAGE" FOR CERTAIN CATEGORIES OF PERSONS FOR PURPOSES OF THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, SO AS TO PROVIDE THAT THE AVERAGE WEEKLY WAGE FOR ALL VOLUNTEER STATE CONSTABLES SERVING WITHOUT COMPENSATION IS THIRTY-SEVEN AND ONE-HALF PERCENT OF THE AVERAGE WEEKLY WAGE IN THE STATE FOR THE PRECEDING FISCAL YEAR.
Rep. KELLEY made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not
The following Bill was taken up:
S. 668 (Word version) -- Senator J. V. Smith: A BILL TO AMEND SECTION 41-27-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA EMPLOYMENT SECURITY LAW, BY ADDING PARAGRAPHS TO SPECIFICALLY NAME NATIVE AMERICAN TRIBES AND TO AUTOMATICALLY COVER EMPLOYING UNITS LIABLE UNDER THE FEDERAL UNEMPLOYMENT TAX ACT; TO AMEND CHAPTER 27, TITLE 4, RELATING TO DEFINITIONS USED IN THE SOUTH CAROLINA EMPLOYMENT SECURITY LAW, BY ADDING SECTION 41-27-235 TO PROVIDE NATIVE AMERICAN TRIBES THE OPTION OF ELECTION AS A REIMBURSABLE EMPLOYER; TO AMEND SECTION 41-27-260, RELATING TO EXEMPTED EMPLOYMENT, TO CLARIFY THAT AN APPOINTED SUCCESSOR OF AN ELECTED OFFICIAL IS CONSIDERED THE SAME AS AN ELECTED OFFICIAL AND TO ADD AN EXEMPTED EMPLOYMENT DEFINITION PERTAINING TO NATIVE AMERICANS; TO AMEND SECTION 41-31-40, RELATING TO RATE COMPUTATION PERIODS, TO REDUCE THE INITIAL TWENTY-FOUR MONTH RATING PERIOD TO TWELVE MONTHS AND TO ONCE A YEAR; TO AMEND SECTION 41-31-60, RELATING TO DELINQUENT REPORTS, TO REDUCE THE EMPLOYER DELINQUENT REPORT PENALTY FROM FIVE AND FOUR-TENTHS TO TWO AND SIXTY-FOUR HUNDREDTHS PERCENT; TO AMEND SECTION 41-31-110, RELATING TO COMPUTATION RATES APPLICABLE TO SUCCESSORS, TO REDUCE THE SUCCESSOR RATING PERIOD TO ONCE A YEAR; TO AMEND SECTION 41-31-160, RELATING TO FREQUENCY OF CONTRIBUTION REPORTS, TO REQUIRE ELECTRONIC WAGE REPORTS FOR EMPLOYERS REPORTING TWO HUNDRED FIFTY OR MORE EMPLOYEES IN 2003 AND EMPLOYERS REPORTING ONE HUNDRED OR MORE EMPLOYEES IN 2005; AND TO AMEND SECTION 41-33-80, RELATING TO THE UNEMPLOYMENT TRUST FUND, TO CORRECT A SECTION REFERENCE.
"Section 41-27-235. (A) The term 'employment' means service performed in the employ of a Native American tribe, as defined in Section 3306(u) of the Federal Unemployment Tax Act (FUTA), if the service is excluded from 'employment' as defined in FUTA solely by reason of Section 3306(C)(7), FUTA, and is not otherwise excluded from 'employment' under this title.
(B) Benefits based on service in employment defined in this section are payable in the same amount, on the same terms, and subject to the same conditions as benefits payable on the basis of other service subject under this title.
(C)(1) Native American tribes or tribal units including subdivisions, subsidiaries, or business enterprises wholly owned by such tribes subject to this title shall pay contributions under the same terms and conditions as all other subject employers, unless they elect to pay into the state unemployment trust fund amounts equal to the amount of benefits attributable to service in the employ of the Native American tribe or tribal unit including all extended benefits paid for any reason.
(2) Native American tribes or tribal units that elect to pay benefits attributable to service in their employ but fail to reimburse the required payments, including interest and penalty assessments, within ninety days of the receipt of a bill, cause the Native American tribe or tribal unit to lose the option to make payments in lieu of contributions for the following tax year unless payment in full is received before the contribution rates for the next year are computed. The commission shall notify the United States Internal Revenue Service and the United States Department of Labor of a tribe or tribal unit's failure to make required payments within ninety days of a final notice of delinquency.
(3) A Native American tribe or tribal unit that loses the option to make payments in lieu of contributions shall have that option reinstated if, after a period of one year, all contributions have been paid on a timely basis and no contributions, payments in lieu of contributions, penalties, or interest remain outstanding."
"(13) Any Native American tribe or tribal unit for which service in employment as defined in Chapters 27 through 41 of this title is performed.
(14) Any employing unit which is liable under the Federal Unemployment Tax Act, Section 3301 of the Internal Revenue Code of 1986, is a covered employer immediately upon having its first South Carolina employment, regardless of the number of employees working in South Carolina or the period for which they are employed."
SECTION 3. A. Section 41-27-260(5)(a) of the 1976 Code is amended to read:
"(a) As an elected official or as the appointed successor of an elected official;"
B. Section 41-27-160 of the 1976 Code, as last amended by Act 7 of 1995, is further amended by adding at the end:
"(17) Services performed as a member of a Native American tribal council or services in a fishing rights related activity of a Native American tribe by a member of such tribe for another member of such tribe or by a qualified Native American entity."
SECTION 4. Section 41-31-40 of the 1976 Code, as last amended by Act 37 of 1999, is further amended to read:
"Section 41-31-40. Each employer's base rate for the twelve months commencing January first of any calendar year is determined in accordance with Section 41-31-50 on the basis of his record up to July first of the preceding calendar year, but no employer's base rate is less than two and sixty-four hundredths percent until there have been twenty-four twelve consecutive months of coverage after first becoming liable for contributions under Chapters 27 through 41 of this title. Each employer who completes twenty-four twelve consecutive calendar months of coverage after first becoming liable for contributions under the chapters during the current calendar year shall have a base rate computed on the basis of his record up through the next occurring June thirtieth, with that base rate being effective for the next calendar year beginning in January at the beginning of the calendar quarter following the calendar quarter during which twenty-four consecutive months of coverage are completed based on the employer's experience through the preceding quarter. The base rate computed in accordance with Section 41-31-50 is applicable for the remainder of the current calendar year. For those employers completing the twenty-four months of coverage during the current calendar year, a
"(1) If on the computation date upon which an employer's base rate is to be computed as provided in Section 41-31-40 there is a delinquent report, a base rate of five and four-tenths two and sixty-four hundredths percent must be assigned until the next computation date for the period to which the computation applies. The assigned base rate is applicable for the entire period for which the computation is made even though the delinquent report is subsequently received. If the base rate for the prior year or the computed base rate for the computation period is greater than two and sixty-four hundredths percent, the higher rate must be assigned until the next computation date."
SECTION 6. Section 41-31-110 of the 1976 Code, as last amended by Act 37 of 1999, is further amended to read:
"Section 41-31-110. Whenever any person or other legal entity has in any manner succeeded to or has acquired substantially all or a distinct and severable portion of the business of another, as provided in Sections 41-31-100 and 41-31-120, the base rates of contributions are computed as follows:
(a) If the successor is not already an employer at the time of the acquisition, the base rate of contributions applicable to the predecessor employer with respect to the period immediately preceding the date of acquisition, if there is only one predecessor employer, shall apply to the successor employer for the remainder of the calendar year. The base rate for the subsequent calendar year is computed based upon the employment benefit experience record of the predecessor or upon the combined employment benefit experience record of the predecessor and the successor, if applicable, as of June thirtieth of the year in which the acquisition occurred.
(b) If the successor is not already an employer at the time of the acquisition and there is more than one transferring employer with a different base rate, the successor employer is assigned the base rate of that transferring employer who has the highest base rate with the base rate being applicable until the end of the quarter in which the succession occurs for the remainder of the year.
(c) If the successor is already an employer at the time of the acquisition, the base rate of contributions applicable at the time of the
For the purposes of items (a), (b), and (c), the base rate as assigned continues in effect until the first day of the next calendar quarter immediately following the acquisition, at which time the commission shall compute a base rate based upon the combination of that portion of the employment benefit experience record acquired from the predecessor with the employment benefit experience record of the successor, subject to the provisions of this article, which base rate is applicable to the successor from the first day of the quarter for the remainder of the calendar year and until the time. If the acquisition occurred prior to July first, the base rate for the subsequent calendar year is computed based upon the combined employment benefit experience record as of June thirtieth of the year in which the acquisition occurred; if the acquisition occurred subsequent to June thirtieth, the base rate for the subsequent calendar year is computed based upon the combined employment benefit experience record as of December thirty-first. All base rates thereafter are computed upon the basis of the combined employment benefit experience record meets the requirements and at such time as provided in Section 41-31-40."
SECTION 7. Section 41-31-160 of the 1976 Code is amended to read:
"Section 41-31-160. The commission shall not require contribution and wage reports more frequently than quarterly. Effective with the quarter ending March 31, 2003, every employer with two hundred fifty or more employees and every individual or organization that, as an agent, reports wages on a total of two hundred fifty or more employees on behalf of one or more subject employers, and effective with the quarter ending March 31, 2005, every employer with one hundred or more employees and every individual or organization that, as an agent, reports wages on a total of one hundred or more employees on behalf of one or more subject employers, shall file that portion of the 'Employer Quarterly Contribution and Wage Reports' containing the employee's social security number, name, and total wages on magnetic tapes, diskettes, or electronically, in a format approved by the commission. The commission may waive the requirement to file using magnetic media if hardship is shown. In determining whether a hardship has been shown, the commission shall take into account, among other relevant factors, the ability of the taxpayer to comply with the filing requirement at a reasonable cost."
"Except as provided in Section 41-33-180, monies shall must be requisitioned from this state's account in the unemployment trust fund solely for the payment of benefits or refunds pursuant to Section 41-33-360 41-31-360 or item (6) of Section 41-27-260 and in accordance with regulations prescribed by the commission, except that money credited to this account pursuant to Section 903 of the Social Security Act, as amended, shall must be used exclusively as provided in Sections 41-33-130 to 41-33-160."
SECTION 9. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. LAW explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
S. 634 (Word version) -- Senators Wilson and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-6-305 SO AS TO PROVIDE THAT UPON RECEIVING PROPER AUTHORITY FROM THE UNITED STATES GOVERNMENT, THE MOTOR VEHICLE DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY SHALL PROVIDE SELECTIVE SERVICE REGISTRATION FOR CERTAIN PERSONS AT THE TIME IT ISSUES, RENEWS, OR PROVIDES A DUPLICATE COPY OF A DRIVER'S LICENSE OR IDENTIFICATION CARD.
The Education and Public Works Committee proposed the following Amendment No. 1 (DocName COUNCIL\GGS\AMEND\ 22589CM02), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. The 1976 Code is amended by adding:
"Section 23-6-305. (A) Upon receiving proper authority from the United States Government, a United States male citizen or immigrant who is less than twenty-six years of age must be registered for the United States Selective Service when applying to the Motor Vehicles Division of the Department of Public Safety for the issuance, renewal, or a duplicate copy of:
(1) a driver's license;
(2) a commercial driver's license; or
(3) an identification card.
(B) The Motor Vehicles Division shall forward in an electronic format the necessary personal information required for registration of individuals identified in this section to the Selective Service System.
(C) An individual's submission of an application contained in subsection (A) serves as an indication that the individual has registered with the Selective Service System or that he is authorizing the Motor Vehicles Division to forward to the Selective Service System information necessary for his registration.
(D) The Motor Vehicles Division shall inform the individual who is at least eighteen years of age and less than twenty-six years of age, on his application, that his submission of the application for a license or identification card serves as his consent to be registered with the Selective Service System, if required by federal law.
(E) The Motor Vehicles Division shall inform the individual who is less than eighteen years of age, on his application, that his submission of the application for a license or identification card serves as his consent to be registered with the Selective Service System upon attaining eighteen years of age, if required by federal law. His application also must be signed by his parent or guardian. By signing the application, the parent or guardian authorizes the Motor Vehicles Division to register the applicant with the Selective Service System upon attaining eighteen years of age, if required by federal law. The applicant, parent, or guardian may decline the Selective Service System registration. If the applicant, parent, or guardian, declines the Selective Service System registration, the Motor Vehicles Division may issue a license or identification card, but the applicant must renew the license or identification card upon attaining eighteen years of age."
SECTION 2. This act takes effect upon the Motor Vehicles Division's receipt from the federal government of the funds necessary to implement this act. /
Amend title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 4957 (Word version) -- Rep. Owens: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-210 SO AS TO REQUIRE THAT THE OFFICIAL FLAG OF THE NATIONAL LEAGUE OF FAMILIES OF AMERICAN PRISONERS AND MISSING IN SOUTHEAST ASIA BE FLOWN ATOP THE DOME OF THE STATE HOUSE AND ON THE GROUNDS OF OR ATOP ALL SOUTH CAROLINA STATE WELCOME CENTERS AND STATE OFFICE BUILDINGS ON CERTAIN DAYS.
Rep. MCLEOD made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
S. 992 (Word version) -- Senator Rankin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-5-71 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL ESTABLISH A TASK FORCE TO RECOMMEND A UNIFORM BEGINNING DATE FOR THE ANNUAL SCHOOL TERM, TO PROVIDE THE DATES WHEN THE RECOMMENDATION OF THE TASK FORCE IS DUE, AND TO PROVIDE THAT THE STATE BOARD SHALL ADOPT AND THE SEVERAL SCHOOL DISTRICTS OF THIS STATE SHALL IMPLEMENT THE RECOMMENDATION FOR A BEGINNING DATE EFFECTIVE WITH THE 2003-2004 SCHOOL YEAR TO THE EXTENT THAT NO ANNUAL SCHOOL TERM IN ANY
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\AMEND\ 22583CM02):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. The 1976 Code is amended by adding:
"Section 59-5-71. 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, must be divided equally 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 must be paid to the members. The task force shall report its findings to the State Board of Education no later than January 1, 2003."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. TOWNSEND explained the amendment.
Rep. KELLEY 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:
S. 996 (Word version) -- Senators Courson, Alexander, Anderson, Bauer, Branton, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms,
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\AMEND\ 5390DJC02), which was adopted:
Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The Armed Forces of the United States Veterans Monument Commission is created to design and establish an appropriate monument to be placed on the grounds of the Capitol Complex to recognize and honor the accomplishments of South Carolina veterans who have served honorably, in peace or war, in any of the five branches of the Armed Forces of the United States of America. The flags flown would be the flag of the United States, the flags of the United States Army, the United States Navy, the United States Marine Corps, the United States Coast Guard, and the United States Air Force, and the flag commonly known as the POW/MIA flag. The inscription on the monument should be: "The State of South Carolina is eternally grateful to her sons and daughters who honorably served in the Armed Forces of the United States of America."
The commission is authorized to determine whether funds for the monument should be derived from public or private sources, and the commission is authorized to designate the location of the monument. If the commission determines funds for the monument should be derived from private sources, the commission is empowered and directed to raise private funds, to receive private grants, and to receive gifts to carry out the purpose for which the commission is created. If the commission determines funding for the monument should be public, the commission may recommend an appropriation for the monument.
By February 1, 2003, the commission shall report the proposed design, location, and dedication date to the State House Committee.
By March 1, 2003, the commission shall report the proposed design, location, and dedication date of the monument to the General
Rep. WALKER explained the amendment.
The amendment was then adopted.
The Joint Resolution, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
S. 911 (Word version) -- Senator Pinckney: A BILL TO CONFIRM AND RATIFY ALL PROCEEDINGS OF THE TRUSTEES AND OFFICIALS OF THE JASPER COUNTY SCHOOL DISTRICT IN CALLING AND HOLDING A SPECIAL ELECTION ON SEPTEMBER 29, 2001, PURSUANT TO THE "JASPER COUNTY SCHOOL DISTRICT SCHOOL BOND-PROPERTY TAX RELIEF ACT", ON THE
Rep. FLEMING 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. 12 (Word version) -- Senators Richardson, Mescher, Grooms, McConnell and Branton: A BILL TO AMEND CHAPTER 40, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARTER SCHOOLS, SO AS TO FURTHER PROVIDE FOR THE ORGANIZATION, OPERATION, AND GOVERNANCE OF CHARTER SCHOOLS.
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 Joint Resolution was taken up:
S. 1246 (Word version) -- Senator Moore: A JOINT RESOLUTION TO ESTABLISH A COMMITTEE TO STUDY REVISIONS IN THE MANNER IN WHICH THE IMPROVEMENT RATINGS OF SCHOOLS UNDER THE EDUCATION ACCOUNTABILITY ACT IS DETERMINED.
(1) the potential for the Palmetto Achievement Challenge Tests (PACT) to report student progress between grade level tests;
(2) providing technically valid incremental information between performance levels;
(3) the potential for using weighted and non-weighted formulas for determining individual student improvement;
(4) providing diagnostic information essential to the improvement of instruction; and
(5) the incorporation of requirements set forth with the 2001 amendments to the Elementary and Secondary Education Act.
As part of this annual review of ratings, the Education Oversight Committee shall establish a task force composed of at least five members representing both educators in the State and national or regional experts in the field to aid in the review of the ratings for school and district report cards. Every effort should be made to insure that within the appointments of educators, care be given to include all geographic areas of the State.
A report of the study shall be completed by March 31, 2003, and shall be issued to the House Education and Public Works Committee and the Senate Education Committee no later than April 15, 2003.
In order to conduct this review by March 31, 2003, the State Department of Education shall work with the Education Oversight Committee to provide by December 1, 2002, the necessary information for the task force to complete their study.
SECTION 2. This joint resolution takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. WALKER explained the amendment.
Rep. VAUGHN made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number
Reps. GOVAN and SCOTT withdrew their requests for debate on S. 232 (Word version); however, other requests for debate remained on the Bill.
Rep. STUART asked unanimous consent to recall H. 5223 (Word version) from the Committee on Education and Public Works.
Rep. KELLEY objected.
Rep. RHOAD, with unanimous consent, withdrew his request for debate on S. 1131 (Word version); however, other objections and requests for debate remained on the Bill.
On motion of Rep. HARRISON, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary:
S. 65 (Word version) -- Senators Mescher, Reese and Branton: A BILL TO AMEND SECTION 7-13-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL ELECTIONS TO FILL VACANCIES IN OFFICE, SO AS TO PROVIDE NO SPECIAL ELECTION IS REQUIRED TO BE CONDUCTED IF ONLY ONE CANDIDATE OFFERS FOR AN OFFICE AND NO ONE PUBLICLY ANNOUNCES AN INTENTION TO OFFER FOR THAT OFFICE AS A WRITE-IN CANDIDATE BY TWO WEEKS AFTER THE FILING FOR THAT OFFICE HAS CLOSED AND TO PROVIDE FOR THE APPLICABILITY TO MUNICIPAL GENERAL ELECTIONS.
The Senate amendments to the following Bill were taken up for consideration:
H. 4386 (Word version) -- Reps. Witherspoon, Littlejohn, W. D. Smith, Vaughn, Altman, Walker and Knotts: A BILL TO AMEND SECTION 12-37-252, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING
Rep. COOPER made the Point of Order that the Senate Amendments were improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The Senate amendments to the following Joint Resolution were taken up for consideration:
H. 5202 (Word version) -- Reps. Miller, Snow, Kelley, Barfield, Harvin and Kennedy: A JOINT RESOLUTION TO CREATE A COMMITTEE COMPOSED OF APPOINTEES MADE BY THE LEGISLATIVE DELEGATIONS REPRESENTING HORRY, GEORGETOWN, AND WILLIAMSBURG COUNTIES TO STUDY THE ISSUES ASSOCIATED WITH THE DELIVERY OF WATER AND SEWER SERVICES TO THE USERS IN THESE THREE COUNTIES WITH THE FOCUS OF THE STUDY BEING ON THE FEASIBILITY OF ESTABLISHING A THREE COUNTY REGIONAL WATER AND SEWER AUTHORITY.
Rep. MILLER explained the Senate Amendments.
The House refused to agree to the Senate amendments and a message was ordered sent accordingly.
The Senate amendments to the following Bill were taken up for consideration:
H. 5060 (Word version) -- Reps. Rhoad, Sharpe, Jennings, Witherspoon, Harrison, Bingham, Koon, J. H. Neal, Cotty, Lloyd, Whipper, Whatley, Clyburn, Battle, Bales, Ott, Lourie, Moody-Lawrence, J. R. Smith, Lucas, Hosey, McCraw, J. Young, McLeod, Hayes, Allen, Allison, Altman, Askins, Barfield, Barrett, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Coates, Cobb-Hunter, Coleman, Cooper, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harvin, Haskins, J. Hines, M. Hines, Hinson, Howard, Huggins, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Law, Leach, Lee, Limehouse, Littlejohn, Loftis, Mack, Martin, McGee, Meacham-Richardson, Merrill, Miller, J. M. Neal, Neilson, Owens, Parks, Perry, Phillips, Quinn, Rice, Riser, Rivers, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, White, Wilder, Wilkins and A. Young: A BILL TO AMEND CHAPTER 13, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES INVOLVING FORGERY, LARCENY, EMBEZZLEMENT, FALSE PRETENSES, AND CHEATS, BY ADDING SECTION 16-13-177 SO AS TO PROVIDE THAT, WHEN CERTAIN OFFENSES INVOLVE TIMBER THEFT IN EXCESS OF FIVE THOUSAND DOLLARS, ALL MOTOR VEHICLES, CONVEYANCES, TRACTORS, TRAILERS, WATERCRAFT, VESSELS, TOOLS, AND EQUIPMENT OF ANY KIND KNOWINGLY USED IN THE COMMISSION OF THE OFFENSE MAY BE CONFISCATED AND FORFEITED TO THE JURISDICTION WHERE THE OFFENSE OCCURRED, TO PROVIDE FOR FORFEITURE PROCEDURES AND THE SALE OF FORFEITED PROPERTY, AND TO PROVIDE FOR THE DISPOSITION OF THE PROCEEDS FROM THE SALE OF FORFEITED PROPERTY; AND TO AMEND CHAPTER 23, TITLE 48, RELATING TO FORESTRY GENERALLY, BY ADDING SECTION 48-23-97, SO AS TO PROVIDE THAT A TIMBER BUYER OR TIMBER OPERATOR PURCHASING TREES, TIMBER, OR WOOD BY THE LOAD MUST FURNISH
Rep. DELLENEY 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. 5007 (Word version) -- Reps. Klauber and Carnell: A BILL TO AMEND CHAPTER 16, TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FUNDS OF THE SOUTH CAROLINA RETIREMENT SYSTEMS, BY ADDING ARTICLE 5 SO AS TO ALLOW THE SOUTH CAROLINA RETIREMENT SYSTEMS TO PROVIDE INVESTMENT EDUCATION TO ANY PARTICIPANT IN THE VARIOUS STATE RETIREMENT SYSTEMS AND TO REPEAL SECTION 8-23-115, RELATING TO THE PROVIDING OF CONSULTATIVE SERVICES FOR PARTICIPANTS IN THE DEFERRED COMPENSATION PLANS OFFERED BY THE DEFERRED COMPENSATION COMMISSION.
Rep. RISER explained the 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. 3601 (Word version) -- Reps. Huggins and Barfield: A BILL TO AMEND TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY AND CONVEYANCES, BY ADDING CHAPTER 50 SO AS TO REQUIRE A WRITTEN PROPERTY CONDITION DISCLOSURE STATEMENT UPON THE SALE OF CERTAIN RESIDENTIAL PROPERTY, TO PROVIDE EXEMPTIONS FROM THIS REQUIREMENT, TO IMPOSE DUTIES ON OWNERS AND REAL ESTATE LICENSEES IN REGARD TO THESE REQUIREMENTS, AND TO AUTHORIZE THE REAL ESTATE COMMISSION TO PERFORM SPECIFIC DUTIES AND FUNCTIONS IN REGARD TO THESE DISCLOSURE STATEMENTS.
Rep. CATO made the Point of Order that the Senate Amendments were improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The Senate amendments to the following Bill were taken up for consideration:
H. 4258 (Word version) -- Reps. Sharpe, Wilkins, W. D. Smith and Davenport: A BILL TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION BY ADDING CHAPTER 56, SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ADMINISTER A PILOT PROGRAM WITH UP TO TEN PARTICIPANTS FOR UP TO FIVE YEARS, WITH A POSSIBLE FIVE-YEAR RENEWAL, FOR THE PURPOSE OF TESTING AND EVALUATING INNOVATIVE ENVIRONMENTAL APPROACHES TO ACHIEVE SUPERIOR ENVIRONMENTAL PERFORMANCE NOT OTHERWISE AUTHORIZED UNDER EXISTING LAW, TO REQUIRE
Rep. WITHERSPOON 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 following Concurrent Resolution was taken up:
H. 5285 (Word version) -- Reps. Campsen and Ott: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION ERECT AN APPROPRIATE SIGN OR MARKER ON SULLIVAN'S ISLAND ON THE EASTERN SIDE OF 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 TO COMMEMORATE THE BATTLE OF SULLIVAN'S ISLAND AND COLONEL WILLIAM THOMSON, WHO LED THE AMERICAN FORCES AT THE BATTLE OF SULLIVAN'S ISLAND WHICH DEFEATED A BRITISH CONTINGENT ON JUNE 28, 1776.
Whereas, on June 28, 1776, a British fleet with eleven ships and an invasion force of approximately three thousand regulars and marines struck at the heart of the colony known as South Carolina by launching an assault on the unfinished palmetto log and sand fort on Sullivan's Island manned by approximately seven hundred American soldiers; and
Whereas, leading the forces of the colonists was Colonel William Thomson, a fearless leader and driving force in severing ties with Great Britain; and
Whereas, when the British tried an amphibious landing, Colonel Thomson's forces repelled them with lethal markmanship; and
Whereas, the fort's construction, made of spongy palmetto logs, caused the heavy bombardment from the British fleets cannon fire to harmlessly bounce off; and
Whereas, the British withdrew in complete disarray and Colonel Thomson's forces at the Battle of Sullivan's Island prevailed in what was to give the Revolutionary cause a significant psychological boost; and
Whereas, it is appropriate that the Department of Transportation erect an appropriate sign or marker to recognize the heroic and gallant leadership of Colonel William Thomson at the Battle of Sullivan's Island. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the Department of Transportation erect an appropriate sign or marker on Sullivan's Island on the eastern side of 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 to commemorate the Battle of Sullivan's Island and Colonel William Thomson, who led the American forces at the Battle of Sullivan's Island which defeated a British contingent on June 28, 1776.
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.
Rep. FLEMING explained the Resolution.
The Concurrent Resolution was adopted and sent to the Senate.
The following Concurrent Resolution was taken up:
H. 5284 (Word version) -- Rep. Tripp: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE WHICH CROSSES OVER THE SOUTHERN CONNECTOR ON STANDING SPRINGS ROAD IN GREENVILLE COUNTY AS THE "PRESTON J. TUCKER, SR., BRIDGE" IN HONOR OF THIS FINE SOUTH CAROLINIAN.
Whereas, Preston J. Tucker, Sr., was a native of Greenville County who was a respected community leader and farmer until his death in 1991; and
Whereas, Mr. Tucker owned the property where a bridge now crosses over the Southern Connector on Standing Springs Road; and
Whereas, Mr. Tucker's wife and children continue to live on the property adjoining this site; and
Whereas, the members of the General Assembly believe it would be a fitting tribute to him if this bridge were named in his honor. 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, hereby request that the Department of Transportation name the bridge which crosses over the Southern Connector on Standing Springs Road in Greenville County as the "Preston J. Tucker, Sr., Bridge" in honor of this fine South Carolinian and the department is further requested to install appropriate markers or signs at this bridge as the department considers appropriate.
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 following Concurrent Resolution was taken up:
H. 5283 (Word version) -- Reps. Chellis, Cotty, Sinclair, Sharpe, Allen, Altman, Bales, Barfield, Barrett, Battle, R. Brown, Campsen, Cato, Coates, Cobb-Hunter, Dantzler, Davenport, Edge, Fleming, Freeman, Frye, Gilham, Gourdine, Harrison, Hayes, M. Hines, Hinson, Huggins, Jennings, Keegan, Koon, Law, Limehouse, Littlejohn, McCraw, McGee, Meacham-Richardson, Merrill, Miller, Owens, Phillips, Rice, Riser, Rivers, Scarborough, Simrill, D. C. Smith, F. N. Smith, J. R. Smith, Snow, Thompson, Townsend, Vaughn, Walker, Webb, White and A. Young: A CONCURRENT RESOLUTION TO MEMORIALIZE THE PRESIDENT AND THE CONGRESS TO ADOPT AND MAINTAIN POLICIES THAT WOULD LIMIT THE FURTHER OVER-VALUATION OF THE UNITED STATES DOLLAR IN ORDER TO PLACE UNITED STATES MANUFACTURERS ON EVEN GROUND WITH FOREIGN COMPETITORS.
Whereas, the current economic recession in the United States is to a large degree the result of a manufacturing recession that is worsened by the ever-rising value of the United States currency; and
Whereas, the United States dollar valuation now stands at a sixteen-year high compared to foreign currencies; and
Whereas, an over-valuation of the United States currency that exceeds a reasonable valuation consistent with underlying economic fundamentals results in a drastic reduction of the exportation of United States products and the attendant loss of employment in this country; and
Whereas, the negative trade gap between the United States and its economic trading partners could result in a permanent loss of jobs to overseas competitors as United States businesses lose distribution channels to foreign competitors; and
Whereas, the thirty percent over-valuation of the United States dollar as measured by the United States Federal Reserve Board relative to other major currencies has the further negative impact of lowering
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the South Carolina General Assembly, by this resolution, memorialize the President and the Congress to adopt and maintain policies that would limit the further over-valuation of the United States dollar in order to place United States manufacturers on even ground with foreign competitors.
Be it further resolved that a copy of this resolution be forwarded to the United States House of Representatives, the Senate, the President of the United States, and each member of the South Carolina Congressional Delegation.
Rep. CHELLIS explained the Resolution.
The Concurrent Resolution was adopted and sent to the Senate.
The following Concurrent Resolution was taken up:
H. 4284 (Word version) -- Reps. Barrett, White and Sandifer: A CONCURRENT RESOLUTION TO MEMORIALIZE THE UNITED STATES CONGRESS TO STOP THE UNITED STATES CORPS OF ENGINEERS FROM GRANTING THE REQUEST OF HABERSHAM COUNTY IN GEORGIA TO WITHDRAW AND TRANSFER WATER FROM LAKE TUGALOO IN GEORGIA AND THE SAVANNAH RIVER TO THE CHATTAHOOCHEE RIVER.
Whereas, Habersham County in the State of Georgia has made application with the United States Corps of Engineers to withdraw 12.5 million gallons of water each day from Lake Tugaloo in Georgia to be diverted from the Savannah River Basin to the Chattahoochee Basin to supply the citizens and businesses of that region with their present and future water needs; and
Whereas, many residents of the Savannah River Basin, especially those residing near Lake Tugaloo, object to this use of the water and
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, memorialize the United States Congress to stop the United States Corps of Engineers from granting the request of Habersham County in Georgia to withdraw and transfer water from Lake Tugaloo in Georgia and the Savannah River to the Chattahoochee River.
Be it further resolved that copies of this resolution be forwarded to the President of the United States Senate, the Speaker of the United States House of Representatives, each member of the South Carolina Congressional Delegation, and the United States Corps of Engineers.
The Concurrent Resolution was adopted and sent to the Senate.
Rep. HARRISON moved that the House recur to the Morning Hour, which was agreed to.
Rep. TOWNSEND, from the Anderson Delegation, submitted a favorable report on:
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.
On motion of Rep. TOWNSEND, with unanimous consent, the following Bill was taken up for immediate consideration:
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.
Rep. TOWNSEND proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\AMEND\5409DW02), which was adopted:
Amend the bill, as and if amended, by striking lines 35 through 38, on page 1, in SECTION 1, and inserting:
/ districts. Beginning with the election conducted in 2002 the nine defined single-member election districts from which each member of the Anderson County Board of Education must be elected by the qualified electors of that district are as shown on the official map designated as S-07-00-02 prepared by and on file with the Office of Research and Statistical Services of the State Budget and Control Board." /
Renumber sections to conform.
Amend totals and title to conform.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following was introduced:
H. 5308 (Word version) -- Rep. Huggins: A HOUSE RESOLUTION TO COMMEND JOHN C. ANDERSON OF CHAPIN FOR HIS THIRTY-ONE YEARS OF DEDICATED SERVICE AND COMMITMENT TO EDUCATION, CONGRATULATE HIM FOR MANY OUTSTANDING ACHIEVEMENTS THROUGHOUT HIS DISTINGUISHED CAREER AS A TEACHER, EDUCATOR, AND SCHOOL PRINCIPAL, AND EXTEND TO HIM AND HIS FAMILY
The Resolution was adopted.
The following was introduced:
H. 5309 (Word version) -- Reps. Cobb-Hunter, Lee, Moody-Lawrence and Parks: A CONCURRENT RESOLUTION TO HONOR THE FIRST AFRICAN-AMERICAN WOMEN GRADUATES OF THE CITADEL AND TO COMMEND THEM FOR THEIR OUTSTANDING AND HISTORICAL ACHIEVEMENTS IN THE SOUTH CAROLINA CORPS OF CADETS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. COBB-HUNTER, with unanimous consent, the following was taken up for immediate consideration:
H. 5310 (Word version) -- Reps. Cobb-Hunter, Lee, Moody-Lawrence and Parks: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE FIRST AFRICAN-AMERICAN WOMEN GRADUATES OF THE CITADEL AND SCHOOL OFFICIALS ON WEDNESDAY, MAY 22, 2002, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING THESE GRADUATES FOR THEIR OUTSTANDING AND HISTORICAL ACHIEVEMENTS IN THE SOUTH CAROLINA CORPS OF CADETS.
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 first African-American Women Graduates of The Citadel and school officials on Wednesday, May 22, 2002, at a time to be determined by the Speaker, for the purpose of
The Resolution was adopted.
The following was introduced:
H. 5311 (Word version) -- Reps. Neilson, Bales, Barrett, Bingham, Carnell, Clyburn, Cobb-Hunter, Cooper, Freeman, Gilham, Gourdine, Govan, M. Hines, Howard, Huggins, Keegan, Kelley, Koon, Lloyd, Martin, Moody-Lawrence, Owens, Parks, Perry, Quinn, Riser, Rivers, Rutherford, Sandifer, Sinclair, Snow, Stuart, Walker, Weeks, Whatley, White, Wilder, A. Young, Allen, Allison, Altman, Askins, Barfield, Battle, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Cato, Chellis, Coates, Coleman, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Frye, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, Hinson, Hosey, Jennings, Kennedy, Kirsh, Klauber, Law, Leach, Lee, Limehouse, Littlejohn, Loftis, Lourie, Lucas, Mack, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, J. H. Neal, J. M. Neal, Ott, Phillips, Rhoad, Rice, Rodgers, Scarborough, Scott, Sharpe, Sheheen, Simrill, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stille, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Webb, Whipper, Wilkins, Witherspoon and J. Young: A CONCURRENT RESOLUTION TO EXPRESS SINCERE AND IMMENSE GRATITUDE TO LAURA BENNETT OF BISHOPVILLE FOR THE IMMEDIATE ASSISTANCE SHE GAVE TO REPRESENTATIVE DENNY NEILSON INSTANTLY AFTER HER TERRIBLE TRAFFIC ACCIDENT ON FEBRUARY 8, 2001, AND TO WISH HER MUCH SUCCESS AND HAPPINESS IN HER FUTURE ENDEAVORS.
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. 5312 (Word version) -- Reps. Loftis, Allen, Cato, F. N. Smith and Vaughn: A BILL TO PROVIDE THAT PUBLIC FUNDS MAY BE USED TO OFFER COSMETOLOGY LICENSING PREPARATORY COURSES AT TWO PRIVATELY FUNDED AND ONE PUBLICLY FUNDED POST-SECONDARY SCHOOLS IN GREENVILLE COUNTY.
Rep. LOFTIS moved to waive Rule 5.12, which was agreed to by a division vote of 15 to 0.
On motion of Rep. LOFTIS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
Rep. FLEMING moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 5292 (Word version) -- Reps. McLeod, 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, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY UPON THE DEATH
At 1:20 p.m. the House, in accordance with the motion of Rep. WHITE, adjourned in memory of Bo Gilreath of Anderson, to meet at 10:00 a.m. tomorrow.
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