Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr. as follows:
Our thought for the day is from Psalm 27: "The Lord is my light and my salvation; whom shall I fear?"
Let us pray. Almighty God, You have blessed us with opportunities for service to the people of this State of South Carolina. Instill in us the wisdom, desire, and courage to work for those things which will make this State a better place to live. Provide for us every needful thing for service. Hear our prayer, O God. 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. KENNEDY moved that when the House adjourns, it adjourn in memory of Sylvester Shaw, Sr. of Kingstree, which was agreed to.
Rep. SANDIFER, from the Oconee Delegation, submitted a favorable report with amendments on:
S. 310 (Word version) -- Senator Alexander: A BILL TO PROVIDE THAT THE BOND OF THE SUPERINTENDENT OF EDUCATION FOR OCONEE COUNTY AND THE OCONEE COUNTY SCHOOL DISTRICT SUPERINTENDENT OF EDUCATION SHALL BE A MINIMUM OF ONE HUNDRED THOUSAND DOLLARS RATHER THAN TEN THOUSAND DOLLARS.
Ordered for consideration tomorrow.
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:
H. 3424 (Word version) -- Reps. Harrell, Wilkins, W. D. Smith, Bingham, Chellis, Clyburn, Cotty, Kirsh, Lucas, McCraw, Merrill, Rice, Sheheen, Walker, Young, J. E. Smith, Scott, Altman, Barfield, Battle, Cato, Ceips, Clark, Clemmons, Coates, Cobb-Hunter, Coleman, Cooper, Dantzler, Delleney, Duncan, Emory, Gilham, Gourdine, Govan, Hagood, Haskins, Herbkersman, Hinson, Hosey, Huggins, Leach, Limehouse, Littlejohn, Loftis, Lourie, Mahaffey, Martin, Miller, J. M. Neal, Ott, Owens, Parks, Perry, Phillips, E. H. Pitts, M. A. Pitts, Quinn, Richardson, Sandifer, Scarborough, Sinclair, Skelton, D. C. Smith, G. M. Smith, J. R. Smith, Stewart, Stille, Talley, Toole, Tripp, Umphlett, Vaughn, Viers, White, Whitmire, Witherspoon, Taylor, Bales and Neilson: A BILL TO AMEND SECTION 11-11-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMITATION ON STATE APPROPRIATIONS, SO AS TO DELETE THE EXISTING LIMITATION ON APPROPRIATIONS AND IMPOSE A NEW LIMIT EFFECTIVE FOR APPROPRIATIONS FOR THE FISCAL YEAR BEGINNING JULY 1, 2005, AND UPON TIMELY RATIFICATION OF AN AMENDMENT TO ARTICLE X, SECTION 7 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, PROVIDING FOR THE REVISED LIMITATION ON APPROPRIATIONS AND AN AMENDMENT TO ARTICLE X ADDING A NEW SECTION ESTABLISHING THE SPENDING LIMIT RESERVE FUND AND PROVIDING FOR ITS USE, TO PROVIDE THAT THE LIMITATION FOR A FISCAL YEAR IS ANNUALIZED APPROPRIATIONS FOR THE CURRENT FISCAL YEAR AS OF FEBRUARY FIFTEENTH, INCREASED BY THE LESSER OF SIX PERCENT OR A PERCENTAGE DETERMINED BY POPULATION INCREASE AND INCREASES IN THE CONSUMER PRICE INDEX, TO PROVIDE FOR THE LIMITATION TO BE SUSPENDED FOR A FISCAL YEAR FOR A SPECIFIC AMOUNT UPON A SPECIAL VOTE OF THE GENERAL ASSEMBLY AND TO DEFINE THIS SPECIAL VOTE; BY ADDING SECTION 11-11-415 SO AS TO ESTABLISH THE SPENDING LIMITATION RESERVE FUND, INTO WHICH ALL SURPLUS GENERAL FUND REVENUES MUST BE CREDITED, AND TO PROVIDE FOR THE PRIORITY USES OF THE REVENUES OF THIS FUND, TO PROVIDE FOR THE APPROPRIATION OF FUND REVENUES AFTER THESE PRIORITIES ARE MET, AND TO REQUIRE BY LEGISLATIVE ENACTMENT APPROPRIATION REVENUES OF THIS FUND TO ORIGINATE AS SEPARATE LEGISLATION IN THE HOUSE OF REPRESENTATIVES.
Ordered for consideration tomorrow.
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:
H. 3496 (Word version) -- Reps. Harrell, Wilkins, W. D. Smith, Bingham, Chellis, Clyburn, Cotty, Kirsh, Lucas, McCraw, Merrill, Rice, Sheheen, Walker, Young and Harvin: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE REQUIREMENT FOR THE STATE AND ITS POLITICAL SUBDIVISIONS TO HAVE BUDGET PROCESSES DESIGNED TO KEEP REVENUES AND EXPENDITURES IN BALANCE, THE LIMITATION ON STATE APPROPRIATIONS, AND THE LIMITATIONS ON STATE EMPLOYEES, SO AS TO DELETE THE EXISTING STATE SPENDING LIMITATION AND REQUIRE THE GENERAL ASSEMBLY TO REPLACE IT BY A LAW PROVIDING A LIMIT ON STATE SPENDING FOR A FISCAL YEAR THAT IS THE LESSER OF THE TOTAL OF THE STATE APPROPRIATIONS IN THE PRIOR YEAR PLUS SIX PERCENT OR THE TOTAL OF STATE APPROPRIATIONS IN THE PRIOR YEAR ADJUSTED FOR INFLATION AND POPULATION GROWTH AND PROVIDE THAT THE GENERAL ASSEMBLY IN ENACTING THE LIMIT SHALL DEFINE THE APPROPRIATIONS TO WHICH THE LIMIT APPLIES, AND EXCEPTIONS TO THE LIMIT, AND THE METHOD OF CALCULATING THE LIMIT AND PROPOSING AN AMENDMENT TO SECTION 36, ARTICLE III, RELATING TO THE GENERAL RESERVE FUND AND THE CAPITAL RESERVE FUND, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY BY LAW SHALL ESTABLISH A NEW "SPENDING LIMIT RESERVE FUND" TO WHICH MUST BE CREDITED ALL GENERAL FUND REVENUES IN A FISCAL YEAR IN EXCESS OF THE APPLICABLE CONSTITUTIONAL SPENDING LIMIT, TO PROVIDE THAT THE GENERAL ASSEMBLY IN THE IMPLEMENTING LAW SHALL DEFINE SURPLUS REVENUES, PROVIDE THE PURPOSES FOR WHICH THE REVENUES CREDITED TO THIS FUND MUST BE USED, AND THE TIMING AND METHOD OF THE GENERAL ASSEMBLY'S APPROPRIATION OF THESE REVENUES AND TO PROVIDE THAT THE IMPLEMENTING LAW MAY NOT BE AMENDED OR REPEALED EXCEPT BY A SPECIAL VOTE DEFINED AS A RECORDED ROLL-CALL VOTE OF AT LEAST TWO-THIRDS OF THE MEMBERS IN EACH BRANCH PRESENT AND VOTING, BUT NOT LESS THAN THREE-FIFTHS OF THE TOTAL MEMBERSHIP OF EACH BRANCH.
Ordered for consideration tomorrow.
The following was taken up for immediate consideration:
H. 3520 (Word version) -- Reps. Wilkins and Harrison: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE JEAN HOEFER TOAL, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:00 NOON ON WEDNESDAY, FEBRUARY 26, 2003.
Be it resolved by the House of Representatives, the Senate concurring:
That the Chief Justice of the South Carolina Supreme Court, the Honorable Jean Hoefer Toal, is invited to address the General Assembly in joint session on the State of the Judiciary in the Hall of the House of Representatives at 12:00 noon on Wednesday, February 26, 2003.
Be it further resolved that a copy of this resolution be forwarded to Chief Justice Toal.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 313 (Word version) -- Senators Alexander, J. V. Smith, Leatherman, McConnell, Courson, Patterson, Thomas, O'Dell and Setzler: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO ENACT FINANCIALLY SUSTAINABLE, VOLUNTARY, UNIVERSAL, AND PRIVATELY ADMINISTERED OUT-PATIENT PRESCRIPTION DRUG COVERAGE AS PART OF THE FEDERAL MEDICARE PROGRAM.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 337 (Word version) -- Senators Knotts and Setzler: A CONCURRENT RESOLUTION TO CONGRATULATE MEGAN MARIE DOOLEY OF LEXINGTON, SOUTH CAROLINA, UPON WINNING THE COVETED CROWN AND TITLE OF THE "SOUTH CAROLINA HOMECOMING QUEEN" IN THE AMERICA'S HOMECOMING QUEEN COMPETITION IN JULY 2002, AND TO WISH HER EVERY SUCCESS IN ALL OF HER FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 3521 (Word version) -- Reps. Young, Cotty, Limehouse, Ceips, Clark, Dantzler, Duncan, Littlejohn, Mahaffey, Martin, Moody-Lawrence, Neilson, Snow, Umphlett and Whitmire: 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 42 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL ISSUE "VIETNAM VETERANS" SPECIAL LICENSE PLATES, AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FOR THESE SPECIAL LICENSE PLATES.
Referred to Committee on Education and Public Works
H. 3522 (Word version) -- Reps. Young, Cotty, Limehouse, Duncan, Emory, Howard, Littlejohn, Merrill, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, M. A. Pitts, Snow, Talley, Toole and Whitmire: A BILL TO AMEND SECTION 56-1-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A DRIVER'S LICENSE EXPIRATION DATE AND THE DRIVER'S LICENSE RENEWAL PROCEDURE, SO AS TO PROVIDE THAT A DRIVER'S LICENSE EXPIRES ON THE LICENSEE'S BIRTH DATE ON THE TENTH CALENDAR YEAR AFTER THE CALENDAR YEAR IN WHICH IT IS ISSUED INSTEAD OF ON THE LICENSEE'S BIRTH DATE ON THE FIFTH CALENDAR YEAR AFTER THE CALENDAR YEAR IN WHICH IT IS ISSUED.
Referred to Committee on Education and Public Works
H. 3523 (Word version) -- Rep. Whitmire: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF THE SCHOOL DISTRICT OF OCONEE COUNTY 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. 3524 (Word version) -- Reps. Cato, Bingham, Edge, Rice and Sandifer: A BILL TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 34 SO AS TO REQUIRE ALL STATE AGENCIES CHARGED WITH ENFORCING NATIONAL BUILDING CODES TO ADOPT THE LATEST EDITION OF THE CODE AND TO PROVIDE EXCEPTIONS; TO ESTABLISH PROCEDURES FOR THE ADOPTION OF THESE CODES, INCLUDING NOTICE IN THE STATE REGISTER AND THE OPPORTUNITY FOR PUBLIC COMMENT; AND TO REQUIRE PROPOSED CODES RECEIVING NEGATIVE COMMENTS OR CODES SUBJECT TO PROPOSED AGENCY AMENDMENTS TO BE PROMULGATED AS REGULATIONS.
Referred to Committee on Labor, Commerce and Industry
H. 3525 (Word version) -- Reps. Cato, Anthony, Bailey, Barfield, Battle, Bingham, G. Brown, Chellis, Cooper, Cotty, Dantzler, Davenport, Edge, Hinson, Huggins, Kirsh, Lee, Limehouse, Perry, Quinn, Rice, Sandifer, Scott, J. E. Smith, Stille, Townsend, Tripp, Trotter, Walker and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-22-286 SO AS TO ALLOW REGISTERED LAND SURVEYORS, THEIR EMPLOYEES, AND AGENTS TO ENTER ONTO THE LANDS OF OTHERS FOR THE PURPOSE OF PERFORMING CUSTOMARY AND NECESSARY ACTS OF SURVEYING LAND.
Referred to Committee on Labor, Commerce and Industry
H. 3526 (Word version) -- Reps. Cato, Anthony, Bailey, Barfield, Battle, G. Brown, Chellis, Cooper, Dantzler, Davenport, Edge, Hinson, Kirsh, Lee, Limehouse, Perry, Quinn, Rice, Sandifer, Scott, Stille, Townsend, Tripp, Trotter, Walker and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-22-285 SO AS TO CREATE A FOUR-YEAR STATUTE OF LIMITATIONS ON ACTIONS AGAINST REGISTERED SURVEYORS OR THEIR EMPLOYEES ENGAGED IN THE PRACTICE OF LAND SURVEYING AND PROVIDE WHEN THE STATUTE OF LIMITATIONS MAY NOT BE USED AS A DEFENSE; TO AMEND SECTION 15-3-640, RELATING TO ACTIONS BASED UPON THE DEFECTIVE OR UNSAFE CONDITION OF AN IMPROVEMENT TO REAL PROPERTY, SO AS TO REMOVE SURVEYING AS AN IMPROVEMENT TO REAL PROPERTY INCLUDED IN THIS SECTION; AND TO AMEND SECTION 15-3-670, RELATING TO WHEN THE LIMITATIONS PROVIDED BY SECTION 15-3-640 ARE NOT AVAILABLE AS A DEFENSE, SO AS TO REMOVE SURVEYING AND LAND SURVEYING.
Referred to Committee on Labor, Commerce and Industry
H. 3527 (Word version) -- Reps. Kennedy and Lloyd: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL EXEMPTIONS FROM PROPERTY TAXES INCLUDING THE EXEMPTION OF A DWELLING HOUSE OF A VETERAN WHO IS DISABLED FROM A SERVICE-CONNECTED DISABILITY, SO AS TO DELETE THE REQUIREMENT THAT THE DISABILITY BE SERVICE CONNECTED AND TO INCLUDE A DEFINITION OF THE TERM "PERMANENTLY AND TOTALLY DISABLED".
Referred to Committee on Ways and Means
H. 3528 (Word version) -- Reps. Sheheen and Delleney: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 44-63-50 AND 44-63-55 SO AS TO REQUIRE THAT A FETAL DEATH CERTIFICATE BE COMPLETED FOR EACH FETAL DEATH OCCURRING AFTER A GESTATIONAL PERIOD OF TWENTY WEEKS OR MORE AND TO REQUIRE A CERTIFICATE OF BIRTH RESULTING IN STILLBIRTH TO BE COMPLETED FOR EACH FETAL DEATH OCCURRING AFTER A GESTATIONAL PERIOD OF TWENTY WEEKS OR MORE AND TO FURTHER PROVIDE SPECIFICS FOR COMPLETION AND FILING OF THESE CERTIFICATES.
Referred to Committee on Judiciary
H. 3529 (Word version) -- Rep. W. D. Smith: A BILL TO AMEND SECTION 14-7-1110, AS AMENDED, AND SECTION 14-7-1120, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO PEREMPTORY CHALLENGES, SO AS TO ALLOW THE PROSECUTION THE SAME NUMBER OF PEREMPTORY CHALLENGES AS THE DEFENSE IN CRIMINAL CASES.
Referred to Committee on Judiciary
H. 3530 (Word version) -- Reps. Cato, Wilkins, Sandifer and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-3-27 SO AS TO PROHIBIT MEMBERSHIP ON AND RESTRICT EMPLOYMENT BY THE PUBLIC SERVICE COMMISSION OF A PERSON ASSOCIATED WITH A REGULATED BUSINESS; BY ADDING SECTION 58-3-35 SO AS TO PROVIDE FOR ETHICS STANDARDS AND REQUIREMENTS FOR PUBLIC SERVICE COMMISSIONERS; BY ADDING SECTION 58-3-65 SO AS TO ESTABLISH AN ADVISORY STAFF AND AN ADVOCACY STAFF FOR THE COMMISSION AND DESCRIBE THEIR RESPONSIBILITIES; AND BY ADDING SECTION 58-3-400 SO AS TO PROHIBIT EX PARTE COMMUNICATIONS WITH AND BY A COMMISSIONER OR ADVISORY STAFF IN CONNECTION WITH A PENDING PROCEEDING; TO AMEND SECTION 58-3-20, AS AMENDED, RELATING TO ESTABLISHMENT OF THE PUBLIC SERVICE COMMISSION, SO AS TO PROVIDE FOR QUALIFICATIONS, SCREENING, AND TERMS OF MEMBERSHIP; TO AMEND SECTION 58-3-24, AS AMENDED, RELATING TO PERSONS INELIGIBLE TO SERVE ON THE PUBLIC SERVICE COMMISSION, SO AS TO ALLOW A MEMBER OF THE GENERAL ASSEMBLY TO SERVE FOUR YEARS AFTER HE HAS NOT FILED FOR REELECTION TO THE GENERAL ASSEMBLY; TO AMEND PART 6, CHAPTER 6, TITLE 37, RELATING TO THE DIVISION OF CONSUMER ADVOCACY OF THE DEPARTMENT OF CONSUMER AFFAIRS, SO AS TO DELETE ANY RESPONSIBILITIES OF THE DIVISION IN CONNECTION WITH THE PUBLIC SERVICE COMMISSION; TO AMEND SECTION 8-13-90, RELATING TO SEEKING OR OFFERING PLEDGES OF VOTES, SO AS TO PROHIBIT THE DIRECT OR INDIRECT SEEKING OF A PLEDGE OR COMMUNICATION ABOUT SCREENING UNTIL CANDIDATES FOR THE OFFICE ARE DETERMINED; AND TO REPEAL SECTION 58-3-60 RELATING TO EMPLOYMENT OF STAFF FOR THE PUBLIC SERVICE COMMISSION.
Referred to Committee on Labor, Commerce and Industry
H. 3531 (Word version) -- Rep. Wilkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-1-290 SO AS TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS MAY ENTER INTO CONTRACTS WITH PRIVATE SECTOR ENTITIES THAT ALLOW INMATE LABOR TO BE PROVIDED FOR PRISON INDUSTRY SERVICE WORK.
Referred to Committee on Ways and Means
H. 3532 (Word version) -- Rep. Cooper: A BILL TO AMEND SECTION 56-5-2934, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A PERSON'S RIGHT TO COMPULSORY PROCESS WHO HAS BEEN CHARGED WITH THE OFFENSE OF OR AN OFFENSE RELATED TO DRIVING UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER SUBSTANCE, SO AS TO DELETE THE PROVISION THAT ALLOWS A PERSON WHO HAS BEEN CHARGED WITH AN OFFENSE TO COMPLETE A HEARING REQUEST FORM AND GIVE IT TO THE ARRESTING OFFICER WHO SHALL FORWARD IT TO THE DEPARTMENT OF PUBLIC SAFETY; TO AMEND SECTION 56-5-2940, AS AMENDED, RELATING TO PENALTIES IMPOSED FOR COUNTING THE OFFENSE OF DRIVING UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER ILLEGAL SUBSTANCE, AND DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION, SO AS TO INCREASE THE FINES IMPOSED FOR THESE OFFENSES, AND TO PROVIDE THAT A PORTION OF EACH FINE MUST BE USED BY THE DEPARTMENT OF PUBLIC SAFETY TO FUND HIGHWAY PATROL PROJECTS; TO AMEND SECTION 56-5-2945, AS AMENDED, RELATING TO THE OFFENSE OF CAUSING GREAT BODILY INJURY OR DEATH WHILE OPERATING A VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER SUBSTANCE, SO AS TO INCREASE THE FINES IMPOSED FOR THIS OFFENSE, AND TO PROVIDE THAT A PORTION OF EACH FINE MUST BE USED BY THE DEPARTMENT OF PUBLIC SAFETY TO FUND HIGHWAY PATROL PROJECTS; TO AMEND SECTION 56-5-2951, AS AMENDED, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE WHO REFUSES TO SUBMIT TO A TEST TO DETERMINE HIS ALCOHOL CONCENTRATION OR HAS A CERTAIN ALCOHOL CONCENTRATION, SO AS TO DELETE THE PROVISION THAT REQUIRES A PERSON TO ENROLL IN AN ALCOHOL AND DRUG SAFETY ACTION PROGRAM BEFORE HE MAY REQUEST AN ADMINISTRATIVE HEARING; AND TO AMEND SECTION 56-5-2952, RELATING TO THE FILING FEE FOR REQUESTING AN ADMINISTRATIVE HEARING TO CHALLENGE CERTAIN DRIVER'S LICENSE SUSPENSIONS, SO AS TO PROVIDE THAT THIS FEE APPLIES TO ANY ADMINISTRATIVE HEARING BEFORE THE DEPARTMENT OF PUBLIC SAFETY, AND TO INCREASE THE FEE.
Referred to Committee on Judiciary
H. 3533 (Word version) -- Reps. Kennedy and Lloyd: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-13-270 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO OBTAIN GOODS, WARES, MERCHANDISE, OR OTHER ITEMS OF PERSONAL PROPERTY ON CREDIT FROM AN ESTABLISHMENT AT WHICH GOODS, WARES, MERCHANDISE, OR OTHER ITEMS OF PERSONAL PROPERTY ARE OFFERED FOR RETAIL SALE WITH THE INTENT NOT TO PAY FOR THE GOODS, WARES, MERCHANDISE, OR OTHER ITEMS OF PERSONAL PROPERTY WHEN PAYMENT BECOMES DUE, TO PROVIDE THAT CIRCUMSTANTIAL AS WELL AS DIRECT EVIDENCE IS ADMISSIBLE TO PROVE A PERSON'S INTENTION NOT TO PAY FOR GOODS, WARES, MERCHANDISE, OR OTHER ITEMS OF PERSONAL PROPERTY OBTAINED ON CREDIT, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION; AND TO AMEND SECTION 56-1-292, RELATING TO THE SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON CONVICTED OF FAILING TO PAY FOR GASOLINE, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO A PERSON WHO FAILS TO PAY FOR CERTAIN OTHER GOODS WHEN PAYMENT BECOMES DUE.
Referred to Committee on Judiciary
H. 3538 (Word version) -- Reps. Townsend, Gilham, J. M. Neal, J. Hines, Martin, Wilkins, Cato, Chellis, Littlejohn, W. D. Smith, Stille and White: A BILL TO ENACT THE "DEPARTMENT OF MOTOR VEHICLES REFORM ACT OF 2003" INCLUDING PROVISIONS TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-5 SO AS TO PROVIDE FOR THE ESTABLISHMENT AND DUTIES OF THE DEPARTMENT OF MOTOR VEHICLES; BY ADDING SECTION 56-1-15 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ENTER INTO CONTRACTS WITH CERTAIN PERSONS AND ENTITIES TO ADMINISTER CERTAIN PORTIONS OF THE DRIVER'S LICENSE EXAMINATION; BY ADDING SECTION 56-1-125 SO AS TO PROVIDE THAT CERTAIN PERSONS MUST BE REGISTERED FOR THE UNITED STATES SELECTIVE SERVICE WHEN APPLYING TO THE DEPARTMENT OF MOTOR VEHICLES FOR CERTAIN SERVICES; BY ADDING SECTION 56-1-345 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY CHARGE AND COLLECT CERTAIN FEES FOR PROVIDING CERTAIN INFORMATION RECORDS MAINTAINED BY THE DEPARTMENT; TO AMEND SECTION 1-30-90, AS AMENDED, RELATING TO CERTAIN DUTIES AND FUNCTIONS TRANSFERRED TO THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO DELETE ALL DUTIES AND FUNCTIONS THAT RELATE TO ITS MOTOR VEHICLE DIVISION; TO AMEND SECTION 23-6-20 AND SECTION 23-6-30, BOTH AS AMENDED, RELATING TO THE ESTABLISHMENT, DUTIES, AND POWERS OF THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO DELETE ITS MOTOR VEHICLE DIVISION AND ITS DUTIES AND FUNCTIONS; TO AMEND SECTION 56-1-10, AS AMENDED, RELATING TO THE DEFINITIONS OF TERMS THAT RELATE TO THE REGULATION OF MOTOR VEHICLES ALONG THE STATE'S HIGHWAYS, SO AS TO REDEFINE THE TERM "DEPARTMENT" TO MEAN THE "DEPARTMENT OF MOTOR VEHICLES"; TO AMEND SECTION 56-1-140, AS AMENDED, RELATING TO THE FEE FOR AND CONTENT OF A DRIVER'S LICENSE, SO AS TO PROVIDE THAT THE FEE FOR A DRIVER'S LICENSE THAT IS VALID FOR FIVE YEARS IS TWELVE DOLLARS AND FIFTY CENTS, AND THE FEE FOR A DRIVER'S LICENSE THAT IS VALID FOR TEN YEARS IS TWENTY-FIVE DOLLARS; TO AMEND SECTION 56-1-210, AS AMENDED, RELATING TO THE EXPIRATION AND RENEWAL OF A DRIVER'S LICENSE, SO AS TO PROVIDE THAT A DRIVER'S LICENSE IS VALID FOR TEN YEARS INSTEAD OF FIVE YEARS FOR A PERSON WHO IS UNDER SIXTY-FIVE YEARS OF AGE; TO AMEND SECTION 56-2-2740, AS AMENDED, RELATING TO THE RENEWAL OF LICENSE PLATES, VALIDATION DECALS, AND VEHICLE REGISTRATION CARDS, SO AS TO DELETE THE PROVISION THAT REQUIRES THE DEPARTMENT OF PUBLIC SAFETY TO ISSUE LICENSE PLATES AND REVALIDATION DECALS, TO PROVIDE THAT A PERSON SHALL OBTAIN MOTOR VEHICLE LICENSE PLATES FROM THE DEPARTMENT OF MOTOR VEHICLES OR AN ENTITY AUTHORIZED BY THE DEPARTMENT, TO PROVIDE THAT A PERSON SHALL OBTAIN VALIDATION DECALS AND MOTOR VEHICLE REGISTRATION CARDS FROM THE DEPARTMENT OF MOTOR VEHICLES, THE COUNTY TREASURER'S OFFICE, OR AN ENTITY AUTHORIZED BY THE DEPARTMENT OF MOTOR VEHICLES, TO PROVIDE THE CONDITIONS UPON WHICH VALIDATION DECALS AND REGISTRATION CARDS MAY BE ISSUED, AND TO PROVIDE THAT CERTAIN FEES MAY BE CHARGED BY THE TREASURER'S OFFICES AND CERTAIN ENTITIES TO DEFRAY THEIR COSTS OF ISSUING VALIDATION DECALS AND REGISTRATION CARDS; TO REPEAL SECTION 23-6-35, RELATING TO FEES THAT THE DEPARTMENT OF PUBLIC SAFETY MAY CHARGE AND COLLECT FOR PROVIDING CERTAIN MOTOR VEHICLE RECORDS; TO REPEAL ARTICLE 7, CHAPTER 6, TITLE 23, RELATING TO THE CREATION AND CERTAIN DUTIES AND FUNCTIONS OF THE MOTOR VEHICLE DIVISION WITHIN THE DEPARTMENT OF PUBLIC SAFETY; AND TO DIRECT THE CODE COMMISSIONER TO CHANGE CERTAIN REFERENCES THAT RELATE TO THE DEPARTMENT OF PUBLIC SAFETY AND THE NEWLY CREATED DEPARTMENT OF MOTOR VEHICLES.
Referred to Committee on Education and Public Works
H. 3539 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, STATE BOARD OF NURSING, RELATING TO CODE OF ETHICS FOR NURSES WITH INTERPRETIVE STATEMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2767, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
H. 3540 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF CHIROPRACTIC EXAMINERS, RELATING TO ADVERTISING AND SOLICITATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2732, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
S. 9 (Word version) -- Senators Hayes and Gregory: A BILL TO AMEND TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL GOVERNMENTS, BY ADDING CHAPTER 24 SO AS TO ENACT THE "JOINT AGENCY ACT" AND TO PROVIDE FOR SPECIAL PURPOSE DISTRICTS OF THE STATE, AND SPECIFICALLY THOSE CREATED AND ESTABLISHED FOR THE PURPOSE OF FURNISHING NATURAL GAS THROUGHOUT THEIR RESPECTIVE AREAS, JOINTLY TO UNDERTAKE THE ACQUISITION AND FINANCING OF PROJECTS, SYSTEMS, OR PROGRAMS, TO PROVIDE FOR THE CREATION OF JOINT AGENCIES FOR THAT JOINT PURPOSE BY SPECIFYING THEIR METHOD OF FORMATION, THEIR MEMBERSHIP, AND THE METHOD OF THEIR GOVERNANCE, TO PROVIDE FOR THE POWERS OF JOINT AGENCIES, INCLUDING THEIR RELATIONSHIPS, CONTRACTUAL AND OTHERWISE, AND THOSE OF THEIR MEMBERS, AND TO PROVIDE FOR FINANCING OF UNDERTAKINGS OF JOINT AGENCIES AND THE OBLIGATIONS OF THEIR MEMBERS IN CONNECTION WITH THE FINANCING.
Referred to Committee on Ways and Means
The following was introduced:
H. 3534 (Word version) -- Reps. Perry, 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, 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, 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 CONGRATULATE BOY SCOUT CARSON ABELE OF AIKEN ON RECEIVING THE PRESTIGIOUS EAGLE SCOUT BADGE, COMMEND HIM FOR HIS HARD WORK, PERSEVERANCE, AND MANY ACHIEVEMENTS WHILE EARNING THE HIGHEST AWARD IN SCOUTING, AND WISH HIM EVERY SUCCESS IN ALL OF HIS FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3535 (Word version) -- Reps. Perry, 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, 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, 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 CONGRATULATE BOY SCOUT DAVID I. STEVENS OF AIKEN ON RECEIVING THE PRESTIGIOUS EAGLE SCOUT BADGE AND THE BRONZE PALM AWARD, COMMEND HIM FOR HIS HARD WORK, PERSEVERANCE, AND MANY ACHIEVEMENTS WHILE EARNING THE HIGHEST AWARD IN SCOUTING, AND WISH HIM EVERY SUCCESS IN ALL OF HIS FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3536 (Word version) -- Reps. Perry, 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, 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, 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 CONGRATULATE EAGLE SCOUT AARON CUNNINGHAM OF LONGWOOD, FLORIDA, ON HAVING EARNED THE PRESTIGIOUS EAGLE SCOUT BADGE, COMMEND HIM FOR HIS HARD WORK, PERSEVERANCE, AND MANY ACHIEVEMENTS WHILE EARNING THE HIGHEST AWARD IN SCOUTING, AND WISH HIM EVERY SUCCESS IN ALL OF HIS FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3537 (Word version) -- Reps. Perry, 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, 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, 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 CONGRATULATE ROBERT MATTHEW FREEMAN OF AIKEN ON RECEIVING THE PRESTIGIOUS EAGLE SCOUT BADGE, COMMEND HIM FOR HIS HARD WORK, PERSEVERANCE, AND MANY ACHIEVEMENTS WHILE EARNING THE HIGHEST AWARD IN SCOUTING, AND WISH HIM EVERY SUCCESS IN ALL OF HIS FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. SANDIFER, with unanimous consent, the following was taken up for immediate consideration:
H. 3541 (Word version) -- Rep. Sandifer: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER TO KELLY MCCORKLE, MISS SOUTH CAROLINA 2002, AND ALL THE CONTESTANTS FOR THE MISS SOUTH CAROLINA 2003 TITLE FOR THE PURPOSE OF RECOGNIZING KELLY MCCORKLE FOR WINNING THE 2002 COMPETITION AND THE OTHER CONTESTANTS FOR THEIR PARTICIPATION IN THE 2003 CONTEST.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives at a date and time to be determined by the Speaker is extended to Kelly McCorkle, Miss South Carolina 2002, and all the contestants for the Miss South Carolina 2003 title for the purpose of recognizing Kelly McCorkle for winning the 2002 competition and the other contestants for their participation in the 2003 contest.
The Resolution was adopted.
The following was introduced:
H. 3542 (Word version) -- Rep. Sandifer: A CONCURRENT RESOLUTION TO CONGRATULATE KELLY McCORKLE FOR HER WONDERFUL REIGN AS MISS SOUTH CAROLINA 2002, AND TO WISH HER EVERY SUCCESS IN THE FUTURE AS HER REIGN COMES TO A CLOSE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows:
Allen Altman Anthony Bailey Bales Barfield Battle Bingham Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chellis Clark Clemmons Clyburn Coates Cobb-Hunter Cooper Cotty Dantzler Davenport Delleney Duncan Edge Emory Freeman Frye Gilham Gourdine Govan Hagood Hamilton Harrell Harrison Hayes Herbkersman J. Hines M. Hines Hinson Hosey Howard Huggins Keegan Kennedy Kirsh Koon Leach Lee Limehouse Littlejohn Lloyd Lourie Lucas Mack Mahaffey Martin McCraw McGee McLeod Merrill Miller J. M. Neal Neilson Ott Owens Parks Perry Phillips E. H. Pitts M. A. Pitts 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 Whipper White Whitmire Wilkins Witherspoon Young
I came in after the roll call and was present for the Session on Thursday, February 6.
Gloria Haskins Lewis E. Pinson Dwight Loftis Todd Rutherford Richard Quinn Douglas Jennings Bessie Moody-Lawrence William Bowers Alex Harvin Joseph Neal
Announcement was made that Dr. Oswald L. Mikell of Hilton Head Island is the Doctor of the Day for the General Assembly.
Rep. MAHAFFEY and the Spartanburg Delegation presented to the House the James F. Byrnes High School Rebels Football Team, 2002 Region 2AAAA 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. 3198 (Word version)
Date: ADD:
02/06/03 MCGEE
Bill Number: H. 3496 (Word version)
Date: ADD:
02/06/03 HARVIN
Bill Number: H. 3319 (Word version)
Date: ADD:
02/06/03 DANTZLER
Bill Number: H. 3319 (Word version)
Date: ADD:
02/06/03 WHIPPER
Bill Number: H. 3319 (Word version)
Date: ADD:
02/06/03 MACK
Bill Number: H. 3319 (Word version)
Date: ADD:
02/06/03 R. BROWN
Bill Number: H. 3319 (Word version)
Date: ADD:
02/06/03 BREELAND
Bill Number: H. 3232 (Word version)
Date: ADD:
02/06/03 SANDIFER
Bill Number: H. 3232 (Word version)
Date: ADD:
02/06/03 WHITMIRE
Bill Number: H. 3232 (Word version)
Date: ADD:
02/06/03 COBB-HUNTER
Bill Number: H. 3319 (Word version)
Date: ADD:
02/06/03 CHELLIS
Bill Number: H. 3231 (Word version)
Date: ADD:
02/06/03 OWENS
Bill Number: H. 3424 (Word version)
Date: ADD:
02/06/03 NEILSON
Bill Number: H. 3188 (Word version)
Date: ADD:
02/06/03 OWENS
Bill Number: H. 3190 (Word version)
Date: ADD:
02/06/03 OWENS
Bill Number: H. 3229 (Word version)
Date: ADD:
02/06/03 DUNCAN
Bill Number: H. 3497 (Word version)
Date: REMOVE:
02/06/03 TOOLE
Bill Number: H. 3047 (Word version)
Date: REMOVE:
02/06/03 CEIPS
The following Bill was taken up, read the third time, and ordered sent to the Senate:
H. 3500 (Word version) -- Reps. Mahaffey, Walker, Littlejohn and Sinclair: A BILL TO AMEND ACT 1958 OF 1972, AS AMENDED, RELATING TO THE HOLLY SPRINGS RURAL FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE FROM FIFTY TO FIVE HUNDRED THOUSAND DOLLARS THE AMOUNT THE DISTRICT MAY BORROW IN ANTICIPATION OF TAXES.
The following Bill was taken up:
S. 158 (Word version) -- Senators Ravenel and Grooms: A BILL TO CREATE THE BOARD OF ELECTIONS AND VOTER REGISTRATION OF CHARLESTON COUNTY, ABOLISH THE CHARLESTON COUNTY BOARD OF VOTER REGISTRATION, AND DEVOLVE THEIR POWERS AND DUTIES UPON THE BOARD OF ELECTIONS AND VOTER REGISTRATION.
Rep. ALTMAN moved cloture on the entire matter, which was agreed to by a division vote of 8 to 4.
Rep. BREELAND made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 3299 (Word version) -- Reps. Frye, Koon, Rhoad and Witherspoon: A BILL TO AMEND SECTION 50-11-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING SEASON FOR SMALL GAME, SO AS TO CHANGE THE HUNTING SEASON FOR RACCOON AND OPOSSUM IN GAME ZONES 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, AND 11, AND TO CHANGE THE METHOD OF HUNTING RACCOON AND OPOSSUM IN CERTAIN GAME ZONES; AND TO AMEND SECTION 50-11-140, AS AMENDED, RELATING TO IT BEING UNLAWFUL TO CARRY WEAPONS WHILE HUNTING RACCOON, OPOSSUM, OR FOX DURING THE PERIOD IT IS LAWFUL TO HUNT THEM WITHOUT WEAPONS, SO AS TO PROVIDE THAT IT IS LAWFUL TO RUN RACCOONS WITH DOGS AT ANY TIME DURING THE YEAR.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\5176DJC03), which was adopted:
Amend the bill, as and if amended, by striking Section 12 and inserting:
/ SECTION 12. Section 50-11-140 of the 1976 Code, as last amended by Act 473 of 1994, is further amended to read:
"Section 50-11-140. During a period in which raccoons, opossums, or fox are allowed to be hunted without weapons, it is unlawful to take, or attempt to take, or hunt the animals when carrying on one's person or in one's vehicle a firearm." /
When amended Section 12 shall read:
/ SECTION 12. Section 50-11-140 of the 1976 Code, as last amended by Act 473 of 1994, is further amended to read:
"Section 50-11-140. During a period in which raccoons, opossums, or fox are allowed to be hunted without weapons, it is unlawful to take, or attempt to take, or hunt the animals when carrying on one's person or in one's vehicle a firearm." /
Renumber sections to conform.
Amend title to conform.
Rep. RHOAD explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. RHOAD, with unanimous consent, it was ordered that H. 3299 (Word version) be read the third time tomorrow.
The following Bill was taken up:
H. 3303 (Word version) -- Reps. Duncan, M. A. Pitts, Ceips, Herbkersman, Pinson, Taylor, Umphlett, Viers and Witherspoon: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPEN SEASON FOR ANTLERED DEER, SO AS TO PROVIDE THAT IT IS NOT UNLAWFUL TO BAIT DEER AT ANY TIME ON PRIVATE LAND, OR TO HUNT DEER ON SUNDAY ON PRIVATE LAND DURING THE PRESCRIBED SEASON FOR HUNTING DEER.
Rep. TOWNSEND made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 3041 (Word version) -- Reps. Witherspoon, Littlejohn, Kirsh, Umphlett, Coates and Cotty: A BILL TO AMEND CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF GAME, BY ADDING SECTION 50-11-315 SO AS TO PROVIDE THAT HUNTERS MUST WEAR A HAT, SHIRT, COAT, OR VEST OF SOLID VISIBLE INTERNATIONAL ORANGE DURING GUN AND MUZZLELOADER HUNTING SEASONS FOR DEER, AND TO PROVIDE EXCEPTIONS.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\5175DJC03):
Amend the bill, as and if amended, by striking Section 1 and inserting:
/ SECTION 1. Article 3, Chapter 11, Title 50 of the 1976 Code is amended by adding:
"Section 50-11-315. All persons hunting deer must wear a hat, shirt, coat, or vest of solid visible international orange. This section does not apply to those persons occupying a stand more than six feet above ground surface level." /
When amended Section 1 shall read:
/ SECTION 1. Article 3, Chapter 11, Title 50 of the 1976 Code is amended by adding:
"Section 50-11-315. All persons hunting deer must wear a hat, shirt, coat, or vest of solid visible international orange. This section does not apply to those persons occupying a stand more than six feet above ground surface level." /
Renumber sections to conform.
Amend title to conform.
Rep. RHOAD explained the amendment.
Rep. RICE made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 3300 (Word version) -- Reps. Frye and Koon: A BILL TO AMEND SECTION 50-11-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST NIGHT HUNTING, SO AS TO PROVIDE THAT IT IS NOT UNLAWFUL TO HUNT RABBITS AT NIGHT WITHOUT WEAPONS.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\5188DJC03), which was adopted:
Amend the bill, as and if amended, Section 1, page 1, line 29, by inserting between /weapons/ and /./ the following:
/at any time except from March 1 to September 1 /
When amended Section 50-11-710(A) shall read:
Section 50-11-710. (A) Night hunting in this State is unlawful except that raccoons, opossums, foxes, mink, and skunk may be hunted at night; however, they may not be hunted with artificial lights except when treed or cornered with dogs, or with buckshot or any shot larger than a number four, or any rifle ammunition of larger than a twenty-two rimfire. Rabbits may be hunted at night without weapons at any time except from March 1 to September 1.
Renumber sections to conform.
Amend title to conform.
Rep. RHOAD explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. RHOAD, with unanimous consent, it was ordered that H. 3300 (Word version) be read the third time tomorrow.
The following Bill was taken up:
H. 3360 (Word version) -- Reps. R. Brown and Rhoad: A BILL TO AMEND SECTION 50-5-1705, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CATCH LIMITS FOR CERTAIN SALTWATER FISH, SO AS TO CHANGE THE CATCH LIMIT FOR RED DRUM FROM TWO TO FIVE IN ANY ONE DAY.
Rep. SCARBOROUGH moved to recommit the Bill to the Committee on Agriculture, Natural Resources and Environmental Affairs.
Rep. R. BROWN moved to table the motion, which was not agreed to.
The question then recurred to the motion to recommit the Bill, which was agreed to.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 3010 (Word version) -- Reps. Wilkins, Simrill, Bales, Bailey and Witherspoon: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT JURISDICTION, SO AS TO PROVIDE THAT FAMILY COURT HAS EXCLUSIVE JURISDICTION TO HEAR AND DETERMINE MATTERS RELATING TO THE VALIDITY OF PREMARITAL AGREEMENTS AND THE EFFECT OF THESE AGREEMENTS ON ISSUES OTHERWISE WITHIN FAMILY COURT JURISDICTION.
Rep. ALTMAN explained the Bill.
H. 3199 (Word version) -- Reps. J. E. Smith, Harrison, Cobb-Hunter, Altman, Bailey, Richardson and Cotty: A BILL TO AMEND SECTION 20-7-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS REQUIRED TO REPORT CHILD ABUSE AND NEGLECT, SO AS TO INCLUDE A MEMBER OF THE CLERGY; AND TO AMEND SECTION 20-7-550, AS AMENDED, RELATING TO PRIVILEGED COMMUNICATIONS WHICH APPLY AND DO NOT APPLY WITH REGARD TO REPORTING CHILD ABUSE OR NEGLECT, SO AS TO REQUIRE A PRIEST TO REPORT EXCEPT IF THE COMMUNICATION IS PROTECTED BY THE STATUTORILY PRESCRIBED PRIEST-PENITENT PRIVILEGE IN SECTION 19-11-90.
Rep. ALTMAN explained the Bill.
On motion of Rep. ALTMAN, with unanimous consent, it was ordered that H. 3010 (Word version) be read the third time tomorrow.
On motion of Rep. ALTMAN, with unanimous consent, it was ordered that H. 3199 (Word version) be read the third time tomorrow.
The following Bill was taken up:
H. 3361 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 59-1-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHOOL MAKE-UP DAYS, SO AS TO FURTHER PROVIDE FOR THE PROCEDURES AND REQUIREMENTS TO MAKE UP DAYS LOST BECAUSE OF WEATHER OR OTHER DISRUPTIONS.
Rep. TOWNSEND 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.
Rep. SCOTT asked unanimous consent to recall H. 3132 (Word version) from the Committee on Judiciary.
Rep. ALTMAN objected.
The following Concurrent Resolution was taken up:
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".
Rep. SHEHEEN moved to commit the Concurrent Resolution to the Kershaw Delegation, which was agreed to.
The following Concurrent Resolution was taken up:
S. 7 (Word version) -- Senators McConnell, Mescher, Grooms and Branton: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THAT PORTION OF INTERSTATE HIGHWAY 26 FROM EXIT 199 TO EXIT 203 IN BERKELEY COUNTY AS THE "CORPORAL JEFF JOHNSON MEMORIAL HIGHWAY" IN MEMORY OF STATE TROOPER, CORPORAL JEFF JOHNSON, WHO WAS KILLED IN THE LINE OF DUTY WHILE SERVING HIS COUNTY AND STATE.
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly request the South Carolina Department of Transportation to name that portion of Interstate Highway 26 from Exit 199 to Exit 203 in Berkeley County as the "Corporal Jeff Johnson Memorial Highway" in memory of State Trooper, Corporal Jeff Johnson, who was killed in the line of duty while serving his county and State, and to install appropriate markers or signs at places along the highway the department considers advisable containing the words "Corporal Jeff Johnson Memorial Highway".
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.
Rep. J. BROWN moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 3401 (Word version) -- Rep. W. D. Smith: A CONCURRENT RESOLUTION TO RECOGNIZE PRESIDENT RONALD WILSON REAGAN BY DECLARING THAT FEBRUARY SIXTH BE KNOWN AS "RONALD REAGAN DAY" IN HONOR OF HIS SERVICE AS PRESIDENT OF THE UNITED STATES OF AMERICA.
H. 3494 (Word version) -- Rep. Snow: A CONCURRENT RESOLUTION CONGRATULATING THE CARVERS BAY HIGH SCHOOL "BEARS" ON THEIR CLASS AA STATE FOOTBALL CHAMPIONSHIP AND COMMENDING THE PLAYERS AND THE COACHES ON ACHIEVING THAT MARK IN ONLY THE THIRD YEAR OF THE "BEARS" FOOTBALL PROGRAM AT THE GEORGETOWN COUNTY SCHOOL.
H. 3499 (Word version) -- Reps. Harrison, 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, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, 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 RECOGNIZING PALMETTOPRIDE, SOUTH CAROLINA'S ANTI-LITTER AND BEAUTIFICATION ORGANIZATION, ON ITS RECEIPT OF THE 2002 ROGERS AWARD AS THE BEST PUBLIC SERVICE CAMPAIGN IN THE NATION FROM KEEP AMERICA BEAUTIFUL, INC., AND THANKING THE STAFF, THE STATE AGENCIES AND CORPORATE SPONSORS, PUBLIC FIGURES AND PRIVATE CITIZENS WHO LED THE EFFORT TO KEEP THE STATE LITTER FREE.
H. 3511 (Word version) -- Reps. W. D. Smith, Anthony, Davenport, Lee, Littlejohn, Mahaffey, Sinclair, Talley, Walker, Allen, Altman, 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, Cotty, Dantzler, 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, Limehouse, Lloyd, Loftis, Lourie, Lucas, Mack, 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, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, Snow, Stewart, Stille, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE THE UNION HIGH SCHOOL FOOTBALL TEAM FOR TAKING THE 2002 CLASS AAA STATE TITLE.
H. 3512 (Word version) -- Reps. W. D. Smith, Davenport, Lee, Littlejohn, Mahaffey, Sinclair, Talley, Walker, Allen, Altman, 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, Cotty, Dantzler, 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, Limehouse, Lloyd, Loftis, Lourie, Lucas, Mack, 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, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, Snow, Stewart, Stille, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE UNION HIGH SCHOOL FOOTBALL COACH MICHAEL ANTHONY FOR WINNING HIS THIRD CLASS AAA STATE CHAMPIONSHIP.
H. 3518 (Word version) -- Reps. Perry, 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, 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, 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 COMMEND THE FIRST PRESBYTERIAN CHURCH OF AIKEN FOR MORE THAN SIXTY YEARS OF DEDICATED AND UNWAVERING SUPPORT OF TROOP 110 OF THE BOY SCOUTS OF AMERICA IN AIKEN, RECOGNIZE THE CHURCH'S TREMENDOUS CONTRIBUTION TO THE VALUES, MORAL DEVELOPMENT, AND LIVES OF THOSE ENABLED TO PARTICIPATE IN SCOUTING BY VIRTUE OF THEIR SUPPORT, AND TO CONVEY EVERY GOOD WISH FOR THEIR CONTINUED SUCCESS IN SUPPORTING TROOP 110 AND SCOUTING IN THE FUTURE.
At 11:05 a.m. the House, in accordance with the motion of Rep. KENNEDY, adjourned in memory of Sylvester Shaw, Sr. of Kingstree, to meet at 10:00 a.m. tomorrow.
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