Indicates Matter Stricken
Indicates New Matter
The House assembled at 2:00 p.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr. as follows:
Our thought for the day is from Isaiah 41:17: "When the poor and needy seek water and there is none, and their tongue is packed with thirst, I, the Lord, will answer them."
Let us pray. Lord, provide us with a faith that abounds in hope. Help us realize Your spirit is at work in all of us. When the wind of God blows upon us all with graciousness that defies our complete understanding, help us to have faith that You will guide us to accept what You give to us. Give wisdom and courage to these people and help us to do Your will. Hear our prayer in word and deed. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. COATES moved that when the House adjourns, it adjourn in memory of Dr. Ronald E. McNair, astronaut, of Lake City, which was agreed to.
The following were received and referred to the appropriate committees for consideration:
Document No. 2751
Agency: Department of Revenue
Statutory Authority: 1976 Code Section 12-4-320
Tax Board of Review (Repeal)
Received by Speaker of the House of Representatives
January 28, 2003
Referred to Ways and Means Committee
Legislative Review Expiration May 28, 2003
Document No. 2783
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Section 48-1-10
Water Pollution Control Permits
Received by Speaker of the House of Representatives
January 29, 2003
Referred to Agriculture, Natural Resources and Environmental Affairs Committee
Legislative Review Expiration May 29, 2003
Document No. 2808
Agency: Department of Revenue
Statutory Authority: 1976 Code Sections 12-4-320 and 61-2-60
Requirements for Protesting Beer and Wine Permits or Alcoholic Liquor Licenses
Received by Speaker of the House of Representatives
January 28, 2003
Referred to Judiciary Committee
Legislative Review Expiration May 28, 2003
Document No. 2784
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Sections 44-7-260 and 44-87-370(A)
Standards for Licensing Ambulatory Surgical Facilities
Received by Speaker of the House of Representatives
January 28, 2003
Referred to Medical, Military, Public and Municipal Affairs Committee
Legislative Review Expiration May 28, 2003
Document No. 2780
Agency: Department of Revenue
Statutory Authority: 1976 Code Section 12-4-320
Administrative Regulation Reorganization
Received by Speaker of the House of Representatives
January 28, 2003
Referred to Ways and Means Committee
Legislative Review Expiration May 28, 2003
Document No. 2801
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Sections 44-1-140(11) and 48-1-10 et seq.
Individual Sewage Treatment and Disposal Systems
Received by Speaker of the House of Representatives
January 29, 2003
Referred to Agriculture, Natural Resources and Environmental Affairs Committee
Legislative Review Expiration May 29, 2003
Document No. 2809
Agency: Department of Revenue
Statutory Authority: 1976 Code Section 12-4-320
Income Tax Reorganization
Received by Speaker of the House of Representatives
January 28, 2003
Referred to Ways and Means Committee
Legislative Review Expiration May 28, 2003
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 3263 (Word version) -- Rep. Viers: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION MOVE A PORTION OF THE PROJECTED "CAROLINA BAYS PARKWAY" IN HORRY COUNTY BETWEEN HIGHWAY 544 AND HIGHWAY 501 THREE HUNDRED YARDS TO THE NORTHWEST TOWARDS CONWAY TO AVOID THE HUNTERS RIDGE COMMUNITY.
Ordered for consideration tomorrow.
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
S. 236 (Word version) -- Senators Gregory and Ryberg: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE BEAVER CREEK BRIDGE ON SOUTH CAROLINA HIGHWAY 97 IN KERSHAW COUNTY IN HONOR OF THE LATE SENIOR STATE TROOPER MICHAEL J. RAO AND TO INSTALL APPROPRIATE MARKERS OR SIGNS ON THE BRIDGE CONTAINING THE WORDS "SENIOR TROOPER MICHAEL J. RAO BRIDGE".
Ordered for consideration tomorrow.
The following was introduced:
H. 3444 (Word version) -- Rep. Harvin: A HOUSE RESOLUTION TO COMMEND AND CONGRATULATE CHIEF CARTER H. JONES OF MANNING FOR HIS LIFETIME OF DEDICATED SERVICE TO THE CLARENDON COUNTY FIRE DEPARTMENT AND THE STATE OF SOUTH CAROLINA AND TO WISH HIM MUCH SUCCESS AND HAPPINESS IN HIS FUTURE ENDEAVORS.
The Resolution was adopted.
The following was introduced:
H. 3445 (Word version) -- Reps. J. Brown, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE JERMAINE O'NEAL OF COLUMBIA, FOR HIS OUTSTANDING RECORD AND MANY ACHIEVEMENTS AS A YOUNG AND TALENTED ATHLETE AND STAR BASKETBALL PLAYER, COMMEND HIM FOR HIS TREMENDOUS SUCCESS IN MAKING THE LEAP FROM EAU CLAIRE HIGH SCHOOL TO THE PROFESSIONAL RANKS OF THE NATIONAL BASKETBALL ASSOCIATION AND BECOMING A STAR PLAYER WITH THE PORTLAND TRAIL BLAZERS, SEVERAL ALL-STAR AND NATIONAL TEAMS, AND THE INDIANA PACERS; AND TO CONGRATULATE AND EXTEND EVERY GOOD WISH TO HIM ON THE OCCASION OF EAU CLAIRE HIGH SCHOOL RETIRING HIS JERSEY ON FEBRUARY 5, 2003, WHICH IS THE FIRST TIME A JERSEY HAS BEEN RETIRED AT EAU CLAIRE HIGH SCHOOL.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3446 (Word version) -- Rep. Mahaffey: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE THE MEMBERS OF THE JAMES F. BYRNES HIGH SCHOOL REBEL REGIMENT BAND OF SPARTANBURG COUNTY ON THE OCCASION OF WINNING THEIR FIFTH CONSECUTIVE CLASS AAAA MARCHING BAND STATE CHAMPIONSHIP IN 2002.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. MAHAFFEY, with unanimous consent, the following was taken up for immediate consideration:
H. 3447 (Word version) -- Rep. Mahaffey: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE MEMBERS OF THE JAMES F. BYRNES HIGH SCHOOL REBEL REGIMENT BAND, BAND DIRECTOR PHIL McINTYRE, AND OTHER SCHOOL OFFICIALS AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON THE OCCASION OF WINNING THEIR FIFTH CONSECUTIVE CLASS AAAA MARCHING BAND STATE CHAMPIONSHIP IN 2002.
Be it resolved by the House of Representatives:
That the privilege of the floor of the South Carolina House of Representatives is extended to the members of the James F. Byrnes High School Rebel Regiment Band, Band Director Phil McIntyre, and other school officials, at a date and time to be determined by the Speaker, for the purpose of being recognized and congratulated on the occasion of winning their fifth consecutive Class AAAA Marching Band Championship in 2002.
The Resolution was adopted.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 3448 (Word version) -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-1-110 SO AS TO AFFIRM THE AT-WILL NATURE OF EMPLOYMENT RELATIONSHIPS IN SOUTH CAROLINA AND TO PROVIDE A SPECIFIC MANNER BY WHICH TO CREATE EMPLOYMENT RELATIONSHIPS GOVERNED BY AN EXPRESS CONTRACT.
Without Reference
H. 3449 (Word version) -- Reps. E. H. Pitts, Bingham, Huggins, Quinn, Toole and Umphlett: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-210, SO AS TO PROHIBIT THE NAMING OF A BUILDING, PART OF A BUILDING, OR PART OF THE STATE HIGHWAY SYSTEM FOR A STATE OFFICER UNLESS THE PERSON TO BE HONORED HAS NOT OCCUPIED A STATE OFFICE FOR AT LEAST FIVE CONSECUTIVE YEARS BEFORE THE TIME OF THE NAMING AND TO PROVIDE APPLICABLE DEFINITIONS.
Referred to Committee on Education and Public Works
H. 3450 (Word version) -- Reps. Toole, Bingham, Harrison and E. H. Pitts: A BILL TO AMEND SECTION 56-1-515, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL ALTERATION, SALE, ISSUANCE, AND USE OF A DRIVER'S LICENSE, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON OPERATING A MOTOR VEHICLE TO KNOWINGLY AND WILFULLY GIVE FALSE INFORMATION TO A LAW ENFORCEMENT OFFICER REGARDING HIS IDENTITY.
Referred to Committee on Judiciary
H. 3451 (Word version) -- Reps. Toole, Bingham, Harrison and E. H. Pitts: A BILL TO AMEND SECTION 56-1-460, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR DRIVING WITH A CANCELED, SUSPENDED, OR REVOKED LICENSE, SO AS TO INCREASE THE FINES IMPOSED PURSUANT TO THE PROVISIONS OF THIS SECTION, AND TO PROVIDE FOR THE DISTRIBUTION OF THESE FINES; TO AMEND SECTION 56-5-2940, AS AMENDED, RELATING TO PENALTIES FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR A COMBINATION OF BOTH, OR DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION, SO AS TO INCREASE THE FINES IMPOSED PURSUANT TO THE PROVISIONS OF THIS SECTION, AND TO PROVIDE FOR THE DISTRIBUTION OF THESE FINES.
Referred to Committee on Judiciary
H. 3452 (Word version) -- Reps. Toole, Bingham and Harrison: A BILL TO AMEND SECTION 8-11-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE EMPLOYEE SICK LEAVE, SO AS TO PROVIDE THAT A FULL-TIME COMMISSIONED LAW ENFORCEMENT OFFICER WHO IN THE LINE OF DUTY IS ASSAULTED OR INJURED WHILE ARRESTING OR ATTEMPTING TO ARREST A PERSON MAY BE PLACED ON ADMINISTRATIVE LEAVE WITH PAY BY HIS EMPLOYER RATHER THAN SICK LEAVE.
Referred to Committee on Ways and Means
H. 3453 (Word version) -- Reps. Toole, Bingham and Harrison: A BILL TO AMEND SECTION 44-53-391, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL ADVERTISEMENT FOR SALE, MANUFACTURE, SALE, DELIVERY, OR POSSESSION WITH INTENT TO SELL OR DELIVER PARAPHERNALIA, SO AS TO MAKE TECHNICAL CHANGES, AND TO REVISE THE PENALTIES.
Referred to Committee on Judiciary
H. 3454 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SPECIFIC PROJECT STANDARDS FOR TIDELANDS AND COASTAL WATERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2629, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
H. 3455 (Word version) -- Rep. Talley: A BILL TO AMEND SECTION 44-63-161, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL ACTS INVOLVING VITAL STATISTICS, SO AS TO INCREASE THE PENALTY FOR VIOLATING CERTAIN PROVISIONS OF THIS SECTION, AND TO MAKE TECHNICAL CHANGES.
Referred to Committee on Judiciary
H. 3456 (Word version) -- Rep. Keegan: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT FROM SALES TAX THE GROSS PROCEEDS OF SALES OR SALES PRICE OF DURABLE MEDICAL EQUIPMENT AND RELATED MEDICAL SUPPLIES ELIGIBLE FOR MEDICARE OR MEDICAID REIMBURSEMENT AND WHICH ARE SOLD BY WRITTEN PRESCRIPTION OR CERTIFICATE OF MEDICAL NECESSITY.
Referred to Committee on Ways and Means
H. 3457 (Word version) -- Reps. McCraw and Phillips: A BILL TO AMEND SECTION 1-11-730, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY FOR COVERAGE UNDER THE STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO ALLOW A MEMBER OF THE GOVERNING BOARD OF A SPECIAL PURPOSE DISTRICT AND HIS ELIGIBLE DEPENDENTS TO PARTICIPATE IN THE PLANS UPON PAYING THE FULL PREMIUM COST OF THEIR COVERAGE.
Referred to Committee on Ways and Means
H. 3458 (Word version) -- Reps. Rivers and Bowers: A BILL TO AMEND SECTION 4-10-340, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPOSITION AND TERMINATION OF THE CAPITAL PROJECTS SALES TAX, SO AS TO PROVIDE THAT FOR GOOD CAUSE SHOWN, THE DEPARTMENT OF REVENUE MAY WAIVE ITS TIMELY NOTICE REQUIREMENT FOR PURPOSES OF DETERMINING THE IMPOSITION DATE OF THE TAX.
Referred to Committee on Ways and Means
H. 3459 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND SECTION 56-5-4490, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE HEAD LAMPS, SO AS TO PROVIDE THAT A MOTOR VEHICLE MAY NOT BE EQUIPPED WITH COLORED OR TINTED HEAD LAMPS.
Referred to Committee on Education and Public Works
H. 3460 (Word version) -- Reps. Jennings, Lucas, F. N. Smith, Bales and Hayes: A BILL TO AMEND SECTION 14-7-860, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCUSING JURORS FOR GOOD CAUSE, SO AS TO PROVIDE THAT A PERSON WHO IS THE PRIMARY CARETAKER OF A PERSON SIXTY-FIVE YEARS OF AGE OR OVER OR OF A SEVERELY DISABLED PERSON WHO CANNOT OTHERWISE CARE FOR HIMSELF OR BE LEFT UNATTENDED MAY BE EXCUSED FROM JURY DUTY BY THE PRESIDING JUDGE.
Referred to Committee on Judiciary
The following was introduced:
H. 3461 (Word version) -- Rep. Harvin: A HOUSE RESOLUTION TO COMMEND AND CONGRATULATE LYNN B. GAMBLE OF MANNING FOR HIS MANY YEARS OF OUTSTANDING SERVICE TO THE PEOPLE OF SOUTH CAROLINA AND THE TRAVELING PUBLIC AS A DEDICATED TROOPER AND MEMBER OF THE SOUTH CAROLINA HIGHWAY PATROL, AND TO WISH HIM AND HIS FAMILY MUCH HAPPINESS ON THE OCCASION OF HIS RETIREMENT.
The Resolution was adopted.
The roll call of the House of Representatives was taken resulting as follows:
Allen Altman Anthony Bailey Bales Barfield Battle Bingham Bowers Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chellis Clark Clemmons Clyburn Coates Cobb-Hunter Coleman Cooper Dantzler Davenport Delleney Duncan Edge Emory Freeman Frye Gourdine Hagood Harrell Harrison Harvin Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hosey Howard Huggins Jennings Keegan Kirsh Koon Leach Lee Limehouse Littlejohn Lloyd Lourie Lucas Mack Mahaffey Martin McCraw McGee McLeod Merrill Miller Moody-Lawrence J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Quinn Rhoad Rice Richardson Rivers Sandifer Scarborough Scott Sheheen Simrill Sinclair Skelton D. C. Smith F. N. Smith G. M. Smith J. E. Smith J. R. Smith W. D. Smith Snow Stewart Stille Talley Taylor Thompson Toole Townsend Tripp Trotter Umphlett Vaughn Viers Walker Weeks White Whitmire Wilkins Witherspoon Young
I came in after the roll call and was present for the Session on Wednesday, January 29.
Dwight Loftis JoAnne Gilham Bill Cotty Kenneth Kennedy Seth Whipper Jerry Govan Todd Rutherford Glen Hamilton
Rep. RUTHERFORD signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, January 28.
Announcement was made that Dr. Patricia P. Westmoreland of Greenville is the Doctor of the Day for the General Assembly.
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. 3206 (Word version)
Date: ADD:
01/29/03 EDGE
Bill Number: H. 3109 (Word version)
Date: ADD:
01/29/03 COLEMAN
Bill Number: H. 3190 (Word version)
Date: ADD:
01/29/03 G. BROWN
Bill Number: H. 3188 (Word version)
Date: ADD:
01/29/03 G. BROWN
Bill Number: H. 3424 (Word version)
Date: ADD:
01/29/03 TAYLOR
Bill Number: H. 3160 (Word version)
Date: ADD:
01/29/03 DAVENPORT
Bill Number: H. 3424 (Word version)
Date: ADD:
01/29/03 BALES
Bill Number: H. 3043 (Word version)
Date: ADD:
01/29/03 CLARK
Bill Number: H. 3061 (Word version)
Date: ADD:
01/29/03 CLARK
Bill Number: H. 3066 (Word version)
Date: ADD:
01/29/03 CLARK
Bill Number: H. 3101 (Word version)
Date: ADD:
01/29/03 CLARK
Bill Number: H. 3107 (Word version)
Date: ADD:
01/29/03 CLARK
Bill Number: H. 3181 (Word version)
Date: ADD:
01/29/03 CLARK
Bill Number: H. 3236 (Word version)
Date: ADD:
01/29/03 CLARK
Bill Number: H. 3274 (Word version)
Date: ADD:
01/29/03 CLARK
Bill Number: H. 3275 (Word version)
Date: ADD:
01/29/03 CLARK
Bill Number: H. 3276 (Word version)
Date: ADD:
01/29/03 CLARK
Bill Number: H. 3278 (Word version)
Date: ADD:
01/29/03 CLARK
Bill Number: H. 3318 (Word version)
Date: ADD:
01/29/03 CLARK
Bill Number: H. 3321 (Word version)
Date: ADD:
01/29/03 CLARK
Bill Number: H. 3322 (Word version)
Date: ADD:
01/29/03 CLARK
Bill Number: H. 3358 (Word version)
Date: ADD:
01/29/03 CLARK
Bill Number: H. 3232 (Word version)
Date: ADD:
01/29/03 BAILEY
Bill Number: H. 3232 (Word version)
Date: ADD:
01/29/03 OWENS
Bill Number: H. 3220 (Word version)
Date: ADD:
01/29/03 CLEMMONS
Bill Number: H. 3233 (Word version)
Date: ADD:
01/29/03 CLEMMONS
Bill Number: H. 3354 (Word version)
Date: ADD:
01/29/03 HAGOOD
Bill Number: H. 3344 (Word version)
Date: ADD:
01/29/03 HAGOOD
Bill Number: H. 3373 (Word version)
Date: ADD:
01/29/03 CLARK
The READING CLERK of the House read the following House Resolution:
H. 3394 (Word version) -- Rep. Wilkins: A HOUSE RESOLUTION TO SET WEDNESDAY, JANUARY 29, 2003, AT A TIME TO BE DETERMINED BY THE SPEAKER, AS THE TIME FOR ELECTING A MEMBER TO FILL A VACANCY ON THE HOUSE LEGISLATIVE ETHICS COMMITTEE.
The SPEAKER announced that nominations were in order for a member of the House Ethics Committee.
The following name was placed in nomination: Rep. TROTTER
On motion of Rep. ALTMAN, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the SPEAKER announced that Rep. TROTTER was duly elected for the term prescribed by law.
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
H. 3430 (Word version) -- Reps. Phillips, Littlejohn and McCraw: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON DECEMBER 4, 5, AND 6, 2002, AND JANUARY 17, 23, AND 24, 2003, BY THE STUDENTS OF CHEROKEE COUNTY SCHOOL DISTRICT 1 WHEN THE SCHOOLS WERE CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
H. 3436 (Word version) -- Reps. Young, Chellis, Bailey and Harrell: A BILL TO ESTABLISH THE DORCHESTER COUNTY BOARD OF ELECTIONS AND REGISTRATION AND PROVIDE FOR ITS MEMBERSHIP AND GOVERNANCE, AND TO ABOLISH THE DORCHESTER COUNTY ELECTION COMMISSION AND THE DORCHESTER COUNTY BOARD OF VOTER REGISTRATION AND DEVOLVE ITS POWERS AND DUTIES IN THE BOARD ESTABLISHED BY THIS ACT.
H. 3377 (Word version) -- Rep. Haskins: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED DURING THE SCHOOL WEEK OF DECEMBER 2 THROUGH DECEMBER 6, 2002, BY THE STUDENTS OF ANY SCHOOL IN THE SCHOOL DISTRICT OF GREENVILLE COUNTY WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
H. 3233 (Word version) -- Reps. Talley, Altman, Walker and Clemmons: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-704 SO AS TO DESIGNATE GOLDENROD THE OFFICIAL STATE WILDFLOWER.
Rep. TALLEY explained the Bill.
The following Bill was taken up:
H. 3443 (Word version) -- Reps. Freeman, Lucas, Jennings and Neilson: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF THE CHESTERFIELD COUNTY SCHOOL DISTRICT MUST BE SET BY THE BOARD OF TRUSTEES OF THE DISTRICT IN ITS SOLE DISCRETION PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.
Rep. EDGE moved to commit the Bill to the Committee on Education and Public Works.
Rep. WALKER moved to table the motion, which was rejected by a division vote of 11 to 40.
The question then recurred to the motion to commit the Bill to the Committee on Education and Public Works, which was agreed to.
The following Bills and Joint Resolution were taken up, read the third time, and ordered sent to the Senate:
H. 3207 (Word version) -- Reps. Wilkins, Altman, Stille, Bailey, Walker, G. M. Smith, Sandifer, Young, Keegan, Simrill, Viers, Merrill, Cobb-Hunter, Harrison, Witherspoon, Littlejohn, Richardson, Delleney, J. E. Smith, Bingham, Toole, Mahaffey, Hinson, Owens and McLeod: A BILL TO AMEND SECTION 2-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADJOURNMENT OF THE GENERAL ASSEMBLY, SO AS TO CHANGE THE DATE FOR THE MANDATORY ADJOURNMENT OF THE GENERAL ASSEMBLY FROM THE FIRST THURSDAY IN JUNE TO THE SECOND THURSDAY IN MAY, AND PROVIDE THAT IN ANY YEAR THAT THE HOUSE OF REPRESENTATIVES FAILS TO GIVE THIRD READING TO THE APPROPRIATIONS BILL BY MARCH FIFTEENTH, RATHER THAN MARCH THIRTY-FIRST, THE DATE OF ADJOURNMENT IS EXTENDED BY ONE STATEWIDE DAY FOR EACH STATEWIDE DAY AFTER MARCH FIFTEENTH, RATHER THAN MARCH THIRTY-FIRST, THAT THE HOUSE FAILS TO GIVE THE BILL THIRD READING.
H. 3209 (Word version) -- Reps. Wilkins, Altman, Stille, Bailey, Walker, G. M. Smith, Sandifer, Talley, Harrison, Richardson, Delleney, J. E. Smith, Bingham and Toole: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 9, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE FOR ANNUAL SESSIONS OF THE GENERAL ASSEMBLY COMMENCING AT VARYING TIMES IN EVEN-NUMBERED YEARS AND ODD-NUMBERED YEARS AND FOR AN ORGANIZATIONAL SESSION FOR THE SENATE IN CERTAIN YEARS, DELETE CERTAIN OBSOLETE LANGUAGE, PROVIDE FOR ELECTION OF OFFICERS OF THE GENERAL ASSEMBLY, PROVIDE FOR CERTAIN MEETINGS FOR THE INTRODUCTION AND REFERRAL TO COMMITTEE OF LEGISLATION, AND PROVIDE FOR CERTAIN COMMITTEE MEETINGS.
H. 3389 (Word version) -- Reps. Lourie, Cotty, J. E. Smith, Howard, Rutherford, J. H. Neal, Bales, J. Brown, Harrison, Quinn and Scott: A BILL TO AMEND ACT 584 OF 1986, RELATING TO THE RESTORATION OF THE CHARTERS OF SMITH TIMBER, INC., THE HARDEEVILLE BUSINESS DEVELOPMENT CORPORATION, AND THE REVOCATION OF THE CHARTER OF THE COLUMBIA JEWISH COMMUNITY CENTER, SO AS TO DELETE THE REVOCATION OF THE CHARTER OF THE COLUMBIA JEWISH COMMUNITY CENTER RETROACTIVE TO THE EFFECTIVE DATE OF THE REVOCATION.
Rep. HARRISON moved to reconsider the vote whereby the following Bill was given a second reading:
H. 3208 (Word version) -- Reps. Wilkins, Harrison, Altman, Stille, Bailey, Walker, Sandifer, Young, Keegan, Simrill, Witherspoon, Littlejohn, Richardson, Kirsh, Taylor, Delleney, Ceips, McLeod, J. E. Smith, Bingham, Toole, Duncan, Mahaffey, Hinson, Viers, White and Owens: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 13-1-25 SO AS TO PROVIDE THAT MONIES CONSTITUTING A FUND OF ANY KIND USED BY THE DEPARTMENT OF COMMERCE, REGARDLESS OF THEIR SOURCE, ARE PUBLIC MONIES SUBJECT TO ALL ACCOUNTABILITY AND DISCLOSURE REQUIREMENTS GOVERNING PUBLIC MONIES AND TO REQUIRE AN ANNUAL REPORT OF ALL EXPENDITURES TO THE GOVERNOR AND THE GENERAL ASSEMBLY; TO AMEND SECTION 13-1-1720, RELATING TO THE PURPOSE AND DUTIES OF THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, SO AS TO PROVIDE THAT FUNDS FROM FOUNDATION GRANTS AND PRIVATE FUNDS USED BY THE COUNCIL TO ENHANCE ECONOMIC GROWTH AND DEVELOPMENT ARE PUBLIC MONIES SUBJECT TO ALL ACCOUNTABILITY AND DISCLOSURE REQUIREMENTS GOVERNING PUBLIC MONIES UNLESS OTHERWISE EXEMPTED; AND TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO INFORMATION EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT A DOCUMENT REFLECTING THE FINAL FINANCIAL COMMITMENT BY A PUBLIC BODY IS A COVERED DOCUMENT OF, OR INCIDENTAL TO, A PROPOSED CONTRACTUAL ARRANGEMENT AND A PROPOSED SALE OR PURCHASE OF PROPERTY AND THEREFORE SUBJECT TO DISCLOSURE AS PRESCRIBED, THAT A CONTRACT RELATED TO EFFORTS OR ACTIVITIES OF A PUBLIC BODY TO ATTRACT OR RETAIN BUSINESS OR INDUSTRY TO INVEST IN THIS STATE IS EXEMPT ONLY UNTIL THE BUSINESS OR INDUSTRY PUBLICLY ANNOUNCES ITS PROJECT OR THE COUNCIL EXECUTES A FINAL CONTRACT, AND THAT DOCUMENTATION OF EFFORTS OR ACTIVITIES OF A PUBLIC BODY OR ONE ACTING FOR A PUBLIC BODY TO ATTRACT OR RETAIN BUSINESS OR INDUSTRY TO INVEST WITHIN SOUTH CAROLINA IS EXEMPT FROM DISCLOSURE UNLESS THE DOCUMENTS RELATE TO THE FINANCIAL COMMITMENT BY A PUBLIC BODY, WHICH DOCUMENTATION LOSES ITS EXEMPTION ONCE THE BUSINESS OR INDUSTRY HAS PUBLICLY ANNOUNCED ITS PROJECT OR THE COUNCIL HAS EXECUTED A FINAL CONTRACT.
Rep. HARRISON moved to adjourn debate on the motion to reconsider, until Thursday, January 30, which was agreed to.
The following Concurrent Resolution was taken up:
H. 3350 (Word version) -- Reps. G. M. Smith, Weeks, G. Brown and Coates: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO ERECT ALL-WAY STOP SIGNS AT THE INTERSECTION OF CAIN'S MILL ROAD AND CLIPPER ROAD IN SUMTER COUNTY.
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly request the Department of Transportation to erect all-way stop signs at the intersection of Cain's Mill Road and Clipper Road in Sumter County.
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.
Rep. G. M. SMITH moved to adjourn debate on the Resolution until Tuesday, February 25, which was agreed to.
The motion period was dispensed with on motion of Rep. DELLENEY.
The following Bill was taken up:
H. 3206 (Word version) -- Reps. Wilkins, Harrison, W. D. Smith, Stille, Taylor, Bailey, Delleney, Ceips, Walker, Bales, Mahaffey, G. M. Smith, J. E. Smith, Bingham, Sandifer, Toole, Young, Clemmons, Keegan, Littlejohn, Viers, Kirsh, Thompson, Hinson, McLeod, Owens and Edge: A BILL TO AMEND SECTION 2-17-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOBBYIST'S REPORTING OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-35, AS AMENDED, RELATING TO LOBBYISTS' PRINCIPALS' REPORTING OF LOBBYING EXPENDITURES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-40, AS AMENDED, RELATING TO THE STATE AGENCY OR DEPARTMENT REPORT OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING THE REPORTS; TO AMEND SECTION 2-17-90, AS AMENDED, RELATING TO ACTS PROHIBITED OF LOBBYISTS' PRINCIPALS, ACTS PROHIBITED OF PUBLIC OFFICIALS AND EMPLOYEES, EXCEPTIONS, AND DISCLOSURE REQUIREMENTS, SO AS TO EXCLUDE CABINET OFFICERS AND AUTHORIZE INVITATIONS TO BE EXTENDED AT NATIONAL AND REGIONAL CONVENTIONS AND CONFERENCES TO ALL MEMBERS OF THE GENERAL ASSEMBLY; TO AMEND SECTION 8-13-100, AS AMENDED, RELATING TO DEFINITIONS USED IN THE ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM ACT, SO AS TO DELETE WITHIN THE DEFINITION OF "ELECTION", A BALLOT MEASURE; TO AMEND SECTION 8-13-320, AS AMENDED, RELATING TO THE DUTIES AND POWERS OF THE STATE ETHICS COMMISSION, SO AS TO REQUIRE A NOTICE OF WAIVER BE FORWARDED TO THE STATE ETHICS COMMISSION AFTER A COMPLAINT HAS BEEN DISMISSED WHEN IT DOES NOT ALLEGE FACTS SUFFICIENT TO CONSTITUTE A VIOLATION; TO AMEND SECTION 8-13-530, AS AMENDED, RELATING TO THE POWERS AND DUTIES OF THE SENATE AND HOUSE OF REPRESENTATIVES ETHICS COMMITTEES, SO AS TO INCLUDE LEGISLATIVE CAUCUS COMMITTEES WITHIN THE JURISDICTION OF A COMMITTEE; TO AMEND SECTION 8-13-1300, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE PROVISIONS RELATING TO CAMPAIGN PRACTICES, SO AS TO AMEND THE DEFINITION OF "COMMITTEE" TO INCLUDE A PERSON WHO, TO INFLUENCE THE OUTCOME OF AN ELECTIVE OFFICE, MAKES INDEPENDENT EXPENDITURES AGGREGATING FIVE HUNDRED DOLLARS OR MORE DURING AN ELECTION CYCLE FOR THE ELECTION OR DEFEAT OF A CANDIDATE, AND DELETE A BALLOT MEASURE WITHIN THIS DEFINITION, TO AMEND THE DEFINITION OF "ELECTION" TO DELETE BALLOT MEASURE WITHIN ITS DEFINITION, TO AMEND THE DEFINITION OF "INDEPENDENT EXPENDITURE" TO INCLUDE AN EXPENDITURE MADE UPON CONSULTATION WITH A COMMITTEE OR AGENT OF A COMMITTEE OR A BALLOT MEASURE COMMITTEE OR AN AGENT OF A BALLOT MEASURE COMMITTEE AND DELETING WITHIN THE DEFINITION AN EXPENDITURE MADE BY A PERSON TO ADVOCATE THE ELECTION OR DEFEAT OF A CLEARLY DEFINED CANDIDATE OR BALLOT MEASURE, DELETING EXPENDITURES WHEN TAKEN AS A WHOLE AND IN CONTEXT MADE BY A PERSON EXPRESSLY TO URGE A PARTICULAR RESULT IN AN ELECTION, BY DEFINING "BALLOT MEASURE COMMITTEE" AND "INFLUENCE THE OUTCOME OF AN ELECTIVE OFFICE"; TO AMEND SECTION 8-13-1302, RELATING TO MAINTENANCE OF RECORDS OF CONTRIBUTIONS BY A CANDIDATE, SO AS TO INCLUDE A BALLOT MEASURE COMMITTEE; TO AMEND SECTION 8-13-1304, RELATING TO THE REQUIREMENT THAT COMMITTEES RECEIVING AND SPENDING FUNDS SHALL FILE A STATEMENT OF ORGANIZATION, SO AS TO REQUIRE A BALLOT MEASURE COMMITTEE WHICH RECEIVES OR EXPENDS MORE THAN FIVE HUNDRED DOLLARS IN THE AGGREGATE DURING AN ELECTION CYCLE TO INFLUENCE THE OUTCOME OF A BALLOT MEASURE TO FILE A STATEMENT OF ORGANIZATION AND DELETE THE REQUIREMENT FOR THE STATEMENT TO BE FILED BY A COMMITTEE WHICH RECEIVES OR EXPENDS MORE THAN FIVE HUNDRED DOLLARS; TO AMEND SECTION 8-13-1306, RELATING TO THE CONTENTS OF A STATEMENT OF ORGANIZATION, SO AS TO INCLUDE BALLOT MEASURE COMMITTEE WHERE APPLICABLE; TO AMEND SECTION 8-13-1308, AS AMENDED, RELATING TO THE FILING OF CERTIFIED CAMPAIGN REPORTS BY CANDIDATES AND COMMITTEES, SO AS TO INCLUDE THE MAKING OF INDEPENDENT EXPENDITURES WITHIN THE REQUIREMENTS OF THE SECTION AND REQUIRE A POLITICAL PARTY, LEGISLATIVE CAUCUS COMMITTEE, AND A PARTY COMMITTEE TO FILE A CERTIFIED CAMPAIGN REPORT UPON THE RECEIPT OF ANYTHING OF VALUE WHICH TOTALS MORE THAN FIVE HUNDRED DOLLARS AND DEFINE "ANYTHING OF VALUE"; BY ADDING SECTION 8-13-1309, SO AS TO REQUIRE A BALLOT MEASURE COMMITTEE REQUIRED TO FILE A STATEMENT OF ORGANIZATION SHALL FILE AN INITIAL CERTIFIED CAMPAIGN REPORT WHEN IT RECEIVES OR EXPENDS CAMPAIGN CONTRIBUTIONS TOTALING CERTAIN SPECIFIED AMOUNTS; TO AMEND SECTION 8-13-1310, AS AMENDED, RELATING TO THE RECIPIENTS OF CERTAIN CAMPAIGN REPORTS AND COPIES OF THEM AND THE STATE ETHICS COMMISSION REVIEW, SO AS TO ELIMINATE THE REQUIREMENT TO SEND CAMPAIGN REPORTS TO THE STATE ELECTION COMMISSION; TO AMEND SECTION 8-13-1316, RELATING TO RESTRICTIONS ON CAMPAIGN CONTRIBUTIONS RECEIVED FROM POLITICAL PARTIES, SO AS TO PROHIBIT A POLITICAL PARTY FROM RECEIVING CONTRIBUTIONS THROUGH ITS PARTY COMMITTEES OR LEGISLATIVE CAUCUS COMMITTEES WHICH TOTAL CERTAIN AGGREGATE AMOUNTS AND PROVIDE THAT A CONTRIBUTION GIVEN IN VIOLATION OF THIS SECTION MAY NOT BE KEPT BY THE RECIPIENT, BUT WITHIN TEN DAYS REMIT IT TO THE CHILDREN'S TRUST FUND; TO AMEND SECTION 8-13-1324, RELATING TO ANONYMOUS CAMPAIGN CONTRIBUTIONS, SO AS TO PROHIBIT THESE CONTRIBUTIONS TO A BALLOT MEASURE COMMITTEE; TO AMEND SECTION 8-13-1332, RELATING TO UNLAWFUL CONTRIBUTIONS AND EXPENDITURES, SO AS TO INCLUDE A BALLOT MEASURE COMMITTEE AS WELL AS A COMMITTEE AND DELETE FROM THE PROHIBITION AN ORGANIZATION OR COMMITTEE OF AN ORGANIZATION TO SOLICIT CONTRIBUTIONS TO THE ORGANIZATION COMMITTEE FROM A PERSON OTHER THAN ITS MEMBERS AND THEIR FAMILIES; BY ADDING SECTION 8-13-1333 SO AS TO AUTHORIZE NOT-FOR-PROFIT CORPORATIONS AND COMMITTEES FORMED BY NOT-FOR-PROFIT CORPORATIONS TO SOLICIT CONTRIBUTIONS FROM THE GENERAL PUBLIC; TO AMEND SECTION 8-13-1354, AS AMENDED, RELATING TO THE IDENTIFICATION OF A PERSON INDEPENDENTLY PAYING FOR ELECTION-RELATED COMMUNICATION, SO AS TO DELETE A BALLOT MEASURE FROM THE REQUIREMENTS OF THE SECTION; TO AMEND SECTION 8-13-1366, RELATING TO THE PUBLIC AVAILABILITY OF CERTIFIED CAMPAIGN REPORTS, SO AS TO ELIMINATE THE STATE ELECTION COMMISSION AS A LOCATION OF THESE REPORTS; TO AMEND SECTION 8-13-1368, RELATING TO TERMINATION OF CAMPAIGN FILING REQUIREMENTS, SO AS TO INCLUDE BALLOT MEASURE COMMITTEES WITH THE REQUIREMENTS OF THE SECTION; TO AMEND SECTION 8-13-1370, RELATING TO THE USE OF UNEXPENDED CONTRIBUTIONS BY A CANDIDATE AFTER AN ELECTION, SO AS TO INCLUDE A BALLOT MEASURE COMMITTEE WITHIN THE REQUIREMENTS OF THE SECTION; BY ADDING SECTION 8-13-1371 SO AS TO ESTABLISH CONDITIONS UNDER WHICH CONTRIBUTIONS TO A BALLOT MEASURE COMMITTEE MAY BE USED, PROVIDE THAT THE STATE ETHICS COMMISSION HAS JURISDICTION TO SEIZE FUNDS AND DISTRIBUTE THEM AMONG VARIOUS SPECIFIED FUNDS OR ENTITIES IF THERE IS A VIOLATION OF THIS SECTION; TO AMEND SECTION 8-13-1372, RELATING TO TECHNICAL VIOLATIONS OF RULES ON CAMPAIGN REPORTS, SO AS TO SUBSTITUTE THE STATE ETHICS COMMISSION FOR THE STATE ELECTION COMMISSION AS THE AGENCY RESPONSIBLE FOR DETERMINING ERRORS OR OMISSIONS ON CAMPAIGN REPORTS; BY ADDING SECTION 8-13-1373 SO AS TO REQUIRE THE BUDGET AND CONTROL BOARD, USING FUNDS APPROPRIATED TO IT, TO DEFEND AN ACTION BROUGHT AGAINST THE STATE OR ITS POLITICAL SUBDIVISIONS IF THE ATTORNEY GENERAL HAS BEEN REQUESTED AND REFUSES TO DEFEND THE ACTION; TO AMEND SECTION 8-13-1510, RELATING TO THE PENALTY FOR LATE FILING OF OR FAILURE TO FILE A REPORT OR STATEMENT, SO AS TO DELETE THE FIVE HUNDRED DOLLAR MAXIMUM FINE; TO AMEND SECTION 8-13-1520, RELATING TO A VIOLATION OF CHAPTER 13 OF TITLE 8, SO AS TO MAKE CERTAIN VIOLATIONS OF ARTICLE 13, CHAPTER 13, TITLE 8 A MISDEMEANOR AND PROVIDE PENALTIES FOR VIOLATIONS.
Reps. LOURIE, J.E. SMITH, RICHARDSON, KIRSH and SIMRILL proposed the following Amendment No. 3 (Doc Name COUNCIL\ DKA\3175DW03), which was rejected:
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/ SECTION __. Section 8-13-1308(D)(1) of the 1976 Code, as last amended by Act 6 of 1995, is further amended to read:
"(1) At least fifteen days before an election, a certified campaign report must be filed showing contributions of more than one hundred dollars and expenditures to or by the candidate or committee for the period ending twenty days before the election. The candidate or committee must shall maintain a current list during the period before the election commencing at the beginning of the calendar quarter of the election of all contributions of more than one hundred dollars. The list must be open to public inspection upon request."
SECTION __. Section 8-13-1308(F) of the 1976 Code, as last amended by Act 6 of 1995, is further amended to read:
"(F) Certified campaign reports detailing campaign contributions and expenditures must contain the:
(1) the total of contributions accepted by the candidate or committee;
(2) the name and address of each person making a contribution of more than one hundred dollars and the date of receipt of each contribution;
(3) the total expenditures made by or on behalf of the candidate or committee;
(4) the name and address of each person to whom an expenditure is made from campaign funds, including the date, amount, purpose, and beneficiary of the expenditure." /
Renumber sections to conform.
Amend title to conform.
Rep. LOURIE explained the amendment.
Rep. HARRISON spoke upon the amendment.
The amendment was then rejected.
Reps. J. E. SMITH and LOURIE proposed the following Amendment No. 4 (Doc Name COUNCIL\DKA\3171ZW03), which was tabled:
Amend the bill, as and if amended, by striking SECTION 21 and inserting:
/ SECTION 21. Section 8-13-1316 of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"Section 8-13-1316. (A) Within an election cycle, a candidate may not accept or receive contributions from a political party through its party committees or legislative caucus committees and a political party through its party committees or legislative caucus committees may not give to a candidate contributions which total in the aggregate more than:
(1) fifty thousand dollars in the case of a candidate for statewide office;
(2) five thousand dollars in the case of a candidate for any other office.
(B) Party expenditures for partisan multi-candidate promotions for four or more candidates, including candidates for the United States Senate or the United States House of Representatives, where each candidate receives substantially equal treatment, both in terms of time or length discussed and prominence in presentation, shall must not be included in the contribution limits under pursuant to the provisions of subsection (A). However, multi-candidate promotional expenditures are limited to:
(1) the operation of telephone banks;
(2) the preparation, mailing, and distribution of campaign materials including newspaper, television, and radio advertisements; or
(3) voter registration and ballot information.
(C) All other contributions to a candidate made by a political party through its party committees or legislative caucus committees are subject to the contribution limitations contained in subsection (A), including any written, broadcast, cable, or satellite communication which:
(1) expresses words that advocate the election or defeat of a candidate;
(2) refers to a clearly identified candidate for elective office and is made within:
(a) one hundred eighty days before a general, special, or runoff election for the office; or
(b) sixty days before a primary or preference election, or a convention or caucus of a political party that has authority to nominate a candidate for the office;
(3) uses a campaign slogan or words that have no other meaning than to advocate the election or defeat of a candidate and is made within:
(a) one hundred eighty days before a general, special, or runoff election for the office; or
(b) sixty days before a primary or preference election, or a convention or caucus of a political party that has authority to nominate a candidate for the office; or
(4) is made about a public issue that references a clearly identifiable candidate, that, but for the reference, would not as a whole convey a clear message concerning the public issue, and that is reasonably suggestive of primarily advocating the election or defeat of a candidate; and
(5) is made to an audience that includes members of the electorate for the election, convention, or caucus."
Renumber sections to conform.
Amend title to conform.
Rep. J. E. SMITH explained the amendment.
Rep. HARRISON spoke against the amendment.
Rep. MCLEOD spoke in favor of the amendment.
Rep. LOURIE spoke in favor of the amendment.
Rep. HARRISON moved to table the amendment.
Rep. J. E. SMITH demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Altman Barfield Battle Bingham Cato Ceips Clark Clemmons Coates Cooper Cotty Dantzler Davenport Delleney Duncan Edge Frye Gilham Hagood Hamilton Harrell Harrison Haskins Herbkersman Hinson Huggins Keegan Kennedy Koon Leach Limehouse Littlejohn Loftis Lucas Mahaffey Martin McGee Merrill Owens Perry Pinson E. H. Pitts M. A. Pitts Quinn Rice Richardson Sandifer Scarborough Simrill Sinclair Skelton D. C. Smith G. M. Smith J. R. Smith W. D. Smith Stewart Stille Talley Taylor Thompson Toole Tripp Trotter Umphlett Viers Walker White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Anthony Bailey Bales Bowers Branham Breeland G. Brown J. Brown Clyburn Cobb-Hunter Coleman Emory Freeman Gourdine Harvin Hayes J. Hines M. Hines Hosey Jennings Kirsh Lee Lloyd Lourie McCraw McLeod Miller Moody-Lawrence J. H. Neal J. M. Neal Neilson Ott Parks Phillips Rhoad Rivers Scott Sheheen J. E. Smith Snow Weeks Whipper
So, the amendment was tabled.
Rep. J. E. SMITH proposed the following Amendment No. 7 (Doc Name COUNCIL\BBM\9431ZW03), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/ "Section 8-13-1310 of the 1976 Code, as last amended by Act 6 of 1995, is further amended by adding an appropriately lettered subsection at the end:
( ) After June 30, 2003, each 'appropriate supervisory office' as defined by Section 8-13-1300(1) shall allow all persons required to file the reports and statements required under this article to do so electronically. /
Renumber sections to conform.
Amend title to conform.
Rep. J. E. SMITH explained the amendment.
Rep. HARRISON spoke against the amendment.
Rep. J. E. SMITH spoke in favor of the amendment.
Rep. ALTMAN moved to table the amendment.
Rep. J. E. SMITH demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Altman Barfield Bingham Cato Ceips Clark Clemmons Coates Cooper Cotty Dantzler Davenport Delleney Duncan Edge Frye Gilham Hamilton Harrell Harrison Haskins Herbkersman Hinson Huggins Keegan Koon Leach Lee Limehouse Loftis Lucas Mahaffey Martin McGee Moody-Lawrence Owens Perry Pinson M. A. Pitts Quinn Rice Sandifer Scarborough Simrill Sinclair Skelton D. C. Smith J. R. Smith W. D. Smith Stewart Stille Taylor Toole Townsend Tripp Trotter Umphlett Viers Walker White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Anthony Bales Bowers Branham Breeland G. Brown J. Brown Clyburn Cobb-Hunter Coleman Emory Freeman Gourdine Hagood Harvin Hayes J. Hines M. Hines Hosey Jennings Kirsh Lloyd Lourie McLeod Merrill Miller J. H. Neal J. M. Neal Neilson Ott Parks Phillips E. H. Pitts Rhoad Richardson Rivers Rutherford Scott Sheheen G. M. Smith J. E. Smith Snow Talley Thompson Weeks Whipper
So, the amendment was tabled.
Rep. HARRISON proposed the following Amendment No. 8 (Doc Name COUNCIL\DKA\3173DW03), which was adopted:
Amend the bill, as and if amended, by striking SECTION 31 and inserting:
/ SECTION 31. Article 13, Chapter 13, Title 8 of the 1976 Code is amended by adding:
"Section 8-13-1373. If the Attorney General, after request by the State or any of its political subdivisions refuses to defend an action brought in a court of competent jurisdiction challenging any provision of this chapter, the Budget and Control Board, using funds appropriated to the civil contingency fund, shall defend the action brought against the State or its political subdivision." /
Renumber sections to conform.
Amend title to conform.
Rep. HARRISON explained the amendment.
The amendment was then adopted.
Rep. LUCAS proposed the following Amendment No. 9 (Doc Name COUNCIL\PT\1206MM03), which was tabled:
Amend the bill, as and if amended, Section 8-13-1316 as found in SECTION 21, page 14, by adding an appropriately lettered subsection to read:
/ ( ) A political party, party committee, or legislative caucus committee, within twenty-four hours of the initial communication, shall disclose to the State Ethics Commission and to the candidate named in the communication all expenditures for an electioneering communication. The disclosure must include the name and address of each person to whom the expenditure was made and the purpose of the expenditure. For the purposes of this section, an electioneering communication includes a written, broadcast, cable, or satellite communication that:
(1) expresses words that advocate the election or defeat of a candidate; or
(2) refers to a clearly identified candidate for elective office and is made within:
(a) sixty days before a general, special, or runoff election; or
(b) thirty days before a primary or preference election or a convention or caucus of a political party that has the authority to nominate a candidate for the office. /
Renumber sections to conform.
Amend title to conform.
Rep. LUCAS explained the amendment.
Rep. HARRISON spoke against the amendment.
Rep. HARRISON moved to table the amendment.
Rep. JENNINGS demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Altman Bailey Barfield Bingham J. Brown Cato Ceips Clark Clemmons Coates Cooper Dantzler Davenport Duncan Edge Frye Gilham Hagood Hamilton Harrell Harrison Haskins Herbkersman Hinson Huggins Keegan Kennedy Koon Leach Limehouse Littlejohn Loftis Mahaffey Martin McGee Owens Perry Pinson M. A. Pitts Quinn Rice Richardson Sandifer Scarborough Simrill Sinclair Skelton D. C. Smith J. R. Smith W. D. Smith Stewart Stille Talley Taylor Toole Townsend Tripp Trotter Umphlett Vaughn Viers Walker White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Anthony Bales Bowers Branham Breeland G. Brown Clyburn Cobb-Hunter Cotty Delleney Emory Freeman Gourdine Harvin Hayes J. Hines M. Hines Hosey Jennings Kirsh Lee Lloyd Lourie Lucas McCraw McLeod Merrill Miller Moody-Lawrence J. M. Neal Neilson Ott Parks Phillips E. H. Pitts Rivers Rutherford Scott Sheheen G. M. Smith J. E. Smith Snow Thompson Weeks Whipper
So, the amendment was tabled.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Altman Anthony Bailey Bales Barfield Bingham Bowers Branham Breeland G. Brown J. Brown Cato Ceips Clark Clemmons Clyburn Coates Cobb-Hunter Cooper Cotty Dantzler Davenport Delleney Duncan Edge Emory Freeman Frye Gilham Gourdine Hagood Hamilton Harrell Harrison Harvin Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hosey Huggins Jennings Keegan Kennedy Kirsh Koon Leach Limehouse Littlejohn Lloyd Lourie Lucas Mahaffey Martin McCraw McGee McLeod Merrill Miller Moody-Lawrence J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Quinn Rhoad Rice Richardson Rivers Rutherford Sandifer Scarborough Scott Sheheen Simrill Sinclair Skelton D. C. Smith G. M. Smith J. E. Smith J. R. Smith W. D. Smith Snow Stewart Stille Talley Taylor Thompson Toole Townsend Tripp Trotter Umphlett Vaughn Viers Walker Weeks Whipper White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. HINSON moved that the House recur to the Morning Hour, which was agreed to.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
H. 3344 (Word version) -- Reps. Cato, Kirsh, Jennings, Battle, Harvin, J. E. Smith, Sheheen, Thompson, Trotter, Bingham, Chellis, Edge, Hamilton, Harrell, Harrison, Kennedy, Quinn, Richardson, Rutherford, Sandifer, Scarborough, W. D. Smith, Young, Barfield, Breeland, J. Brown, Clyburn, Cotty, Haskins, Huggins, Lourie, Merrill, Perry, Rice, Simrill, Taylor, Umphlett, Witherspoon, Bales, Lloyd, McCraw, Tripp, Walker, Limehouse and Hagood: A BILL TO AMEND SECTION 58-9-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTINENT TO THE REGULATION OF TELEPHONE COMPANIES, SO AS TO PROVIDE A DEFINITION FOR "BROADBAND SERVICE"; AND TO AMEND SECTION 58-9-280, AS AMENDED, RELATING TO THE CIRCUMSTANCES REQUIRING A TELEPHONE COMPANY TO OBTAIN A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY, SO AS TO EXEMPT BROADBAND SERVICE FROM REGULATION BY THE PUBLIC SERVICE COMMISSION.
Ordered for consideration tomorrow.
The following was introduced:
H. 3462 (Word version) -- Reps. Edge, Barfield, Clemmons, Keegan, Viers and Witherspoon: A CONCURRENT RESOLUTION TO REQUEST APPROPRIATE FEDERAL AND STATE HIGHWAY OFFICIALS TO DESIGNATE CERTAIN HIGHWAYS IN SOUTH CAROLINA AS PART OF NEW INTERSTATE HIGHWAYS WHICH CONGRESS HAS AUTHORIZED AND WHICH ARE SCHEDULED TO COME WITHIN THE BOUNDARIES OF SOUTH CAROLINA.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 3463 (Word version) -- Reps. Edge, Barfield, Clemmons, Keegan, Viers and Witherspoon: A CONCURRENT RESOLUTION TO COMMEND TOM ROGERS OF MYRTLE BEACH FOR HIS OUTSTANDING SERVICE AS CHAIRMAN OF THE COUNCIL OF MYRTLE BEACH AREA ORGANIZATIONS AND CONGRATULATE HIM FOR HIS PERSONAL LEADERSHIP, AND THE MANY ACCOMPLISHMENTS OF THE COUNCIL OF MYRTLE BEACH AREA ORGANIZATIONS THAT BENEFIT THE MEMBER ORGANIZATIONS AND THOSE ENGAGED IN THE ENTERTAINMENT, HOSPITALITY, AND TOURISM INDUSTRY IN THE MYRTLE BEACH AREA DURING HIS TWO YEARS AS CHAIRMAN.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 3464 (Word version) -- Rep. Witherspoon: A BILL TO REPEAL SECTION 46-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AGRICULTURE COMMISSION; TO PROVIDE THAT THE POWERS, DUTIES, AND FUNCTIONS OF THE COMMISSION ARE DEVOLVED UPON THE DEPARTMENT OF AGRICULTURE.
Referred to Committee on Judiciary
H. 3465 (Word version) -- Reps. Pinson, Parks, M. A. Pitts, Duncan, Taylor and Anthony: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF SCHOOL DISTRICTS NO. 50 AND 52 IN GREENWOOD COUNTY, SCHOOL DISTRICT NO. 51 IN GREENWOOD AND LAURENS COUNTIES, AND SCHOOL DISTRICTS NO. 55 AND 56 IN LAURENS COUNTY MUST BE SET BY THE BOARD OF TRUSTEES OF THE DISTRICTS IN THEIR SOLE DISCRETION, PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.
Referred to Committee on Education and Public Works
H. 3466 (Word version) -- Reps. F. N. Smith and Allen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-945 SO AS TO PROVIDE THAT TRAFFIC SIGNS CONTAINING THE WORDS "YIELD TO PEDESTRIANS" MUST BE ERECTED ALONG ANY INTERSECTION WHERE A MOTOR VEHICLE LAWFULLY MAY COMPLETE A RIGHT TURN AFTER BEING DIRECTED TO STOP BY A TRAFFIC CONTROL SIGNAL.
Referred to Committee on Education and Public Works
H. 3467 (Word version) -- Reps. Huggins, E. H. Pitts, Koon and Frye: A BILL TO AMEND SECTION 5-31-1910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROVISION OF WATER AND ELECTRIC SERVICES BEYOND CORPORATE LIMITS OF A MUNICIPALITY, SO AS TO PROHIBIT A MUNICIPALITY EXTENDING WATER, SEWER, OR ELECTRIC SERVICES TO NONRESIDENTS FROM REQUIRING ANNEXATION AS A CONDITION OF THE RECEIPT OF THE SERVICES.
Referred to Committee on Judiciary
H. 3468 (Word version) -- Reps. J. Brown, Bailey, Branham, Ceips, Clyburn, Coates, Duncan, Harvin, Herbkersman, M. Hines, Mahaffey, J. H. Neal, Neilson and M. A. Pitts: A BILL TO AMEND SECTION 56-3-1910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL LICENSE TAGS TO DISABLED PERSONS BY THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO PROVIDE THAT THE DEPARTMENT MAY ISSUE A SPECIAL MOTORCYCLE LICENSE TAG TO CERTAIN DISABLED PERSONS.
Referred to Committee on Education and Public Works
H. 3469 (Word version) -- Reps. M. A. Pitts, Clark and Neilson: A BILL TO AMEND SECTION 56-5-2920, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF RECKLESS DRIVING, SO AS TO PROVIDE THAT A PERSON WHO CAUSES AN ACCIDENT WHEN DRIVING A VEHICLE WHILE OPERATING A CELLULAR TELEPHONE IS GUILTY OF THE OFFENSE OF RECKLESS DRIVING.
Referred to Committee on Judiciary
H. 3470 (Word version) -- Rep. Frye: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF SALUDA SCHOOL DISTRICT ONE MUST BE SET BY THE BOARD OF TRUSTEES OF THE DISTRICT IN ITS SOLE DISCRETION, PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.
Referred to Committee on Education and Public Works
H. 3471 (Word version) -- Reps. Lourie, Bales, Cotty, J. Hines, J. E. Smith, Weeks, Martin, Rhoad, Barfield, Branham, R. Brown, Clark, Clemmons, Emory, Herbkersman, M. Hines, Mahaffey, McCraw, Moody-Lawrence, Richardson and Snow: A JOINT RESOLUTION TO ESTABLISH A JOINT BUDGET TASK FORCE TO CONDUCT A THOROUGH REVIEW OF THE STATE'S SPENDING PRIORITIES AS DETERMINED AND FUNDED THROUGH THE ANNUAL STATE BUDGET AND APPROPRIATIONS PROCESS, TO PROVIDE FOR THE TASK FORCE TO CONCLUDE ITS SIX-MONTH REVIEW WITH THE PRESENTATION OF A REPORT AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY AND THE GOVERNOR NO LATER THAN DECEMBER 31, 2003, CONTAINING A COMPREHENSIVE REDETERMINATION OF APPROPRIATE SPENDING PRIORITIES AND A TEMPLATE ESTABLISHING CRITERIA FOR USE BY THE GOVERNOR AND THE GENERAL ASSEMBLY, INCLUDING ITS COMMITTEES, IN A "ZERO-BASE" BUDGET PROCESS IN THE PREPARATION OF THE STATE GENERAL APPROPRIATIONS ACT, AND TO PROVIDE FOR THE MEMBERSHIP OF THE TASK FORCE, ITS DUTIES, EXPENSES, AND STAFFING.
Referred to Committee on Ways and Means
H. 3472 (Word version) -- Reps. Lourie, Cotty, Barfield, Bingham, Bowers, Branham, Clark, Emory, M. Hines, Leach, McCraw, Rhoad, Rivers, Snow, Talley, Thompson, Toole and Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-23-195 SO AS TO AUTHORIZE THE STATE SUPERINTENDENT OF EDUCATION TO GRANT A WAIVER TO A SCHOOL DISTRICT WHICH APPLIES TO APPLICABLE SCHOOL BUILDING CODES RELATING TO MINIMUM LOT SIZE REQUIREMENTS OR BUILDING SQUARE FOOT REQUIREMENTS FOR CONSTRUCTION OF A NEW PUBLIC SCHOOL BUILDING OR FOR THE CONVERSION OF AN EXISTING COMMERCIAL BUILDING INTO A PUBLIC SCHOOL FACILITY, AND TO PROVIDE THAT THIS AUTHORITY GRANTED THE STATE SUPERINTENDENT OF EDUCATION IS SUPERIOR TO AND SUPERSEDES APPLICABLE BUILDING CODES AND THE AUTHORITY OF A LOCAL BUILDING OFFICIAL OR ENTITY TO DISAPPROVE THE VARIANCES GRANTED BY THE WAIVER.
Referred to Committee on Education and Public Works
Rep. TROTTER moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 3414 (Word version) -- Reps. Harvin and Kennedy: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF THE HONORABLE RALPH FERRELL COTHRAN, SR., OF MANNING ON MONDAY, JULY 29, 2002, AND TO EXTEND DEEPEST SYMPATHY TO HIS FAMILY AND FRIENDS.
At 3:35 p.m. the House, in accordance with the motion of Rep. COATES, adjourned in memory of Dr. Ronald E. McNair, astronaut, of Lake City, to meet at 10:00 a.m. tomorrow.
This web page was last updated on Wednesday, June 24, 2009 at 3:30 P.M.