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 today is from Psalm 32:6: "Therefore let all who are faithful offer prayer to You."
Let us pray. Miraculous God, we confess that we rely more often on our own strength than on Your unlimited power. Be present in this place to lead and guide us to do Your will. Open our eyes again to the miracles that pour out upon us daily, that we may become people of miracles. Hear our prayer. 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. VIERS moved that when the House adjourns, it adjourn in memory of William H. Smith of Socastee, which was agreed to.
The following was received and referred to the appropriate committee for consideration:
Document No. 2822
Agency: Department of Social Services
Statutory Authority: 1976 Code Section 43-1-80
Food Stamp Program
Received by Speaker of the House of Representatives
February 26, 2003
Referred to Ways and Means Committee
Legislative Review Expiration June 26, 2003 (Subject to Sine Die Revision)
The following was received:
Columbia, S.C., February 25, 2003
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 1, S. 129 (Word version) by a vote of 45 to 0.
Very respectfully,
President
Received as information.
The SPEAKER ordered the following veto printed in the Journal:
The Honorable André Bauer
President of the Senate
State House, 1st Floor, East Wing
Columbia, South Carolina 29202
Dear Mr. President and Members of the Senate:
I am hereby returning without my approval S. 129 (Word version), R. 1, an Act:
TO AMEND ACT 192 OF 1995, RELATING TO THE CREATION OF THE REGISTRATION AND ELECTIONS COMMISSION FOR YORK COUNTY, SO AS TO INCREASE THE COMMISSION FROM SEVEN TO EIGHT AND TO PROVIDE FOR THE APPOINTMENT AND ELECTION OF THE CHAIRMAN.
This veto is based on my belief that this bill is unconstitutional. S. 129, R. 1 proposes to increase the number of the number of members on the Registration and Elections Commission for York County. As such, S. 129, R. 1, affects only York County and is, therefore, clearly an act for a specific county. Such acts are in violation of Article VIII, Section 7 of the Constitution of the State of South Carolina, which provides that "[n]o laws for a specific county shall be enacted." Acts similar to S. 129, R. 1 have been struck down by the South Carolina Supreme Court as violative of Article VIII, Section 7.
For this reason, I am returning S. 129, R. 1 to you without my signature.
Sincerely,
Mark Sanford
Governor
Received as information.
The following was received:
Columbia, S.C., February 25, 2003
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 2, S. 158 (Word version) by a vote of 45 to 0.
Very respectfully,
President
Received as information.
The SPEAKER ordered the following veto printed in the Journal:
The Honorable André Bauer
President of the Senate
State House, 1st Floor, East Wing
Columbia, South Carolina 29202
Dear Mr. President and Members of the Senate:
I am hereby returning without my approval S. 158 (Word version), R. 2, an Act:
AN ACT 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.
This veto is based on my belief that this bill is unconstitutional. S. 158, R. 2 proposes to abolish the office of the Charleston County Board of Voter Registration and create in its place the Board of Elections and Voter Registration of Charleston County. As such, S. 158, R. 2, affects only Charleston County and is, therefore, clearly an act for a specific county. Such acts are in violation of Article VIII, Section 7 of the Constitution of the State of South Carolina, which provides that "[n]o laws for a specific county shall be enacted." Acts similar to S. 158, R. 2 have been struck down by the South Carolina Supreme Court as violative of Article VIII, Section 7.
For this reason, I am returning S. 158, R-2 to you without my signature.
Sincerely,
Mark Sanford
Governor
Received as information.
The following was received:
Columbia, S.C., February 25, 2003
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 3, S. 188 (Word version) by a vote of 45 to 0.
Very respectfully,
President
Received as information.
The SPEAKER ordered the following veto printed in the Journal:
The Honorable André Bauer
President of the Senate
State House, 1st Floor, East Wing
Columbia, South Carolina 29202
Dear Mr. President and Members of the Senate:
I am returning without my approval S. 188 (Word version), R. 3, a Joint Resolution:
TO PROVIDE THAT THE SCHOOL DAY MISSED ON DECEMBER 3, 2002, BY THE STUDENTS OF A.R. LEWIS ELEMENTARY SCHOOL IN PICKENS COUNTY WHEN THE SCHOOL WAS CLOSED DUE TO A BREAK IN A WATER MAIN IS 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.
This veto is based upon my belief that S. 188, R. 3 is unconstitutional.
Though well-intentioned as it might be, S. 188, R. 3 is an example of specific legislation that has been enacted to address circumstances that could have been addressed by general legislation. The state constitution clearly prohibits the enactment of special legislation where a "general law can be made applicable." S.C. Const. Art. III, Section 34 (IX). The General Assembly should establish a general statute that sets forth the general types of events or occasions when missed school days should be exempted from the make-up requirement. The recurring nature of legislation like S. 188, R. 3 demonstrates the policy basis for Article III, Section 34's directive that special legislation be avoided in all cases where general legislation can be enacted.
In summary, I believe the specific nature of S. 188, R. 3 renders this Joint Resolution unconstitutional. For this reason, I am returning S. 188, R. 3 to you without my signature.
Sincerely,
Mark Sanford
Governor
Received as information.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
H. 3289 (Word version) -- Rep. Altman: A BILL TO AMEND SECTIONS 15-78-80 AND 15-78-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO THE SOUTH CAROLINA TORT CLAIMS ACT, SO AS TO DELETE THE REQUIREMENT THAT A CLAIM BE VERIFIED.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
H. 3229 (Word version) -- Reps. Coates, Altman, Bailey, Simrill, Viers, M. A. Pitts, Littlejohn, Wilkins, Branham, M. Hines, G. M. Smith, McGee, R. Brown, Vaughn, Leach, Witherspoon, Hamilton, Tripp, Perry, Trotter, Cooper, Duncan and Barfield: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-168 SO AS TO AUTHORIZE AN OBJECT CONTAINING THE WORDS OF THE TEN COMMANDMENTS TO BE DISPLAYED ON REAL PROPERTY OWNED BY THE STATE ALONG WITH OTHER DOCUMENTS OF HISTORICAL SIGNIFICANCE THAT HAVE FORMED AND INFLUENCED THE UNITED STATES LEGAL OR GOVERNMENTAL SYSTEM.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
H. 3473 (Word version) -- Reps. Jennings, Hosey, Whipper, Bales, Branham, Breeland, Haskins, Herbkersman, J. Hines, J. E. Smith, M. Hines, Littlejohn, Lloyd, Rivers, Simrill, Vaughn and Witherspoon: A BILL TO AMEND SECTION 16-17-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESTRUCTION OR DESECRATION OF HUMAN REMAINS OR REPOSITORIES OF HUMAN REMAINS, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO STEAL ANYTHING OF VALUE FROM CERTAIN REPOSITORIES OF HUMAN REMAINS, TO MAKE A TECHNICAL CHANGE, AND TO REVISE THE PENALTY.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3231 (Word version) -- Reps. Gilham, Stille, Wilkins, Walker, Bales, M. A. Pitts, Cobb-Hunter, Richardson, Ceips, Cotty, Skelton, Owens, Haskins, Martin, Toole, Lourie and Huggins: A BILL TO AMEND SECTION 56-5-2950, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A MOTOR VEHICLE DRIVER'S IMPLIED CONSENT TO CHEMICAL TESTS OF HIS BREATH, BLOOD, OR URINE FOR THE PURPOSE OF DETERMINING THE PRESENCE OF ALCOHOL OR DRUGS OR THE COMBINATION OF ALCOHOL AND DRUGS IN HIS SYSTEM, SO AS TO PROVIDE THAT A DRIVER WHO REGISTERS AN ALCOHOL CONCENTRATION OF EIGHT ONE-HUNDREDTHS OF ONE PERCENT OR MORE IS GUILTY OF DRIVING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, OR A COMBINATION OF ALCOHOL AND DRUGS.
Ordered for consideration tomorrow.
The following was introduced:
H. 3687 (Word version) -- Rep. Bailey: A CONCURRENT RESOLUTION TO PROVIDE THAT WHEN EACH HOUSE OF THE GENERAL ASSEMBLY ADJOURNS ON THURSDAY, MARCH 20, 2003, THE GENERAL ASSEMBLY SHALL STAND IN RECESS UNTIL TUESDAY, MAY 6, 2003, WITH EACH HOUSE TO MEET IN STATEWIDE SESSION BEGINNING AT 12:00 NOON ON THAT DAY, AND TO PROVIDE THAT DURING THIS PERIOD, NO MILEAGE OR SUBSISTENCE SHALL BE PAID TO MEMBERS OF THE GENERAL ASSEMBLY EXCEPT TO THOSE MEMBERS OF THE HOUSE WAYS AND MEANS COMMITTEE AND SENATE FINANCE COMMITTEE WHO ARE REQUIRED TO MEET FOR PURPOSES OF DEVELOPING THE 2003-2004 GENERAL APPROPRIATIONS ACT.
The Concurrent Resolution was ordered referred to the Committee on Judiciary.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 3688 (Word version) -- Reps. White, Ceips, Koon, Mahaffey, Neilson, Trotter and Walker: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES AND USE TAX EXEMPTIONS FOR PURPOSES OF THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO EXEMPT FROM THE TAX THE GROSS PROCEEDS OF SALES OR SALES PRICE OF WHEELCHAIRS, MOTORIZED WHEELCHAIRS, AND DISABILITY SCOOTERS.
Referred to Committee on Ways and Means
H. 3689 (Word version) -- Reps. Miller, Bales, Rutherford, J. Hines, Anthony, Battle, Branham, Clyburn, Gourdine, M. Hines, Jennings, Lloyd, Mack, McCraw, Moody-Lawrence, J. H. Neal, Neilson, Phillips and Snow: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-223 SO AS TO LIMIT TO FIFTEEN PERCENT INCREASES IN FAIR MARKET VALUE OF OWNER-OCCUPIED RESIDENTIAL PROPERTY AND SECOND HOMES ATTRIBUTABLE TO QUADRENNIAL REASSESSMENT IN THE COUNTY, AND PROVIDE THE PERIOD FOR WHICH THIS EXEMPTION APPLIES; AND TO AMEND SECTION 12-37-223A., RELATING TO THE COUNTY OPTION PROPERTY TAX EXEMPTION LIMITING TO FIFTEEN PERCENT INCREASES IN FAIR MARKET OF REAL PROPERTY AS A RESULT OF QUADRENNIAL REASSESSMENT IN A COUNTY, SO AS TO CONFORM THIS OPTIONAL EXEMPTION TO THE PROVISIONS OF SECTION 12-37-223 OF THE 1976 CODE AS ADDED BY THIS ACT.
Referred to Committee on Ways and Means
H. 3690 (Word version) -- Reps. Harrison and Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2931 SO AS TO PROVIDE THAT THE COURT SHALL IMMOBILIZE VEHICLES OWNED BY A PERSON WHO IS CONVICTED FOR A SECOND OR SUBSEQUENT VIOLATION OF THE OFFENSE OF UNLAWFULLY OPERATING A MOTOR VEHICLE WHICH UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR A COMBINATION OF BOTH UNDER CERTAIN CIRCUMSTANCES; AND TO AMEND SECTION 56-5-2940, AS AMENDED, RELATING TO PENALTIES FOR THE UNLAWFUL OPERATION OF A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR A COMBINATION OF BOTH, AND DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION, SO AS TO REVISE THE PENALTY FOR A SECOND OFFENSE.
Referred to Committee on Judiciary
H. 3691 (Word version) -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-4-105 SO AS TO REQUIRE A LAW ENFORCEMENT AGENCY CONDUCTING AN AGE VERIFICATION CHECK AT A RETAIL LOCATION TO NOTIFY THE RETAILER WITHIN TEN DAYS WHETHER THE COMPLIANCE CHECK WAS SATISFACTORY OR NOT.
Referred to Committee on Judiciary
H. 3692 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 23-15-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A SHERIFF, DEPUTY SHERIFF, OR SHERIFF'S CLERK BEING PROHIBITED FROM PRACTICING LAW OR HOLD THE OFFICE OF CLERK OF COURT, SO AS TO PROVIDE THAT A DEPUTY SHERIFF WHO IS AN ATTORNEY MAY ACT AS AN ATTORNEY ON BEHALF OF HIS AGENCY UNDER CERTAIN CIRCUMSTANCES.
Referred to Committee on Judiciary
S. 45 (Word version) -- Senators Elliott and Reese: A BILL TO AMEND SECTION 12-37-2725, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CANCELLATION OF A MOTOR VEHICLE LICENSE PLATE AND REGISTRATION FOR A REFUND OR CREDIT OF PROPERTY TAXES PAID ON THE VEHICLE TO ANOTHER, SO AS TO PROVIDE THAT THE LESSEE OF A MOTOR VEHICLE WHO ASSIGNS THE LEASE OR SURRENDERS THE LEASED VEHICLE TO THE LESSOR IS ELIGIBLE FOR A CREDIT OR REFUND ON PROPERTY TAXES PAID IF THE TERMS OF THE LEASE MADE THE LESSEE PRIMARILY LIABLE FOR THE PROPERTY TAX AND THE LESSEE IN FACT PAID THE TAX.
Referred to Committee on Ways and Means
S. 64 (Word version) -- Senators Gregory and Reese: A BILL TO AMEND SECTION 1-11-730 OF THE 1976 CODE TO PROVIDE THAT THE SPOUSE OR DEPENDANT OF A PERSON KILLED IN THE LINE OF DUTY SHALL CONTINUE COVERAGE UNDER THE STATE HEALTH PLAN FOR A PERIOD OF TWELVE MONTHS AND THE STATE SHALL BE RESPONSIBLE FOR PAYING THE FULL PREMIUM COSTS AND AFTER THE TWELVE-MONTH PERIOD THE SPOUSE OR DEPENDANT IS ELIGIBLE FOR STATE-PAID PREMIUMS.
Referred to Committee on Ways and Means
S. 184 (Word version) -- Senators McConnell, Holland and Ford: A BILL TO AMEND CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-750, SO AS TO PUNISH PSYCHOTHERAPISTS, ALCOHOL AND DRUG ABUSE COUNSELORS, AND OTHER CONFIDANTS WHO HAVE SEXUAL CONTACT WITH A PATIENT; TO PUNISH PSYCHOTHERAPISTS, ALCOHOL AND DRUG ABUSE COUNSELORS, AND OTHER CONFIDANTS WHO HAVE SEXUAL CONTACT WITH A FORMER PATIENT BY MEANS OF THERAPEUTIC DECEPTION; TO PUNISH PSYCHOTHERAPISTS, ALCOHOL AND DRUG ABUSE COUNSELORS, AND OTHER CONFIDANTS WHO ENGAGE IN SEXUAL BATTERY WITH A PATIENT; AND TO PUNISH PSYCHOTHERAPISTS, ALCOHOL AND DRUG ABUSE COUNSELORS, AND OTHER CONFIDANTS WHO ENGAGE IN SEXUAL BATTERY WITH A FORMER PATIENT BY MEANS OF THERAPEUTIC DECEPTION.
Referred to Committee on Judiciary
S. 218 (Word version) -- Senator Mescher: A BILL TO AMEND SECTION 40-54-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A DEALER'S CIVIL LIABILITY FOR DAMAGES TO THE TRUE OWNER FOR KNOWINGLY PURCHASING STOLEN PRECIOUS METAL, SO AS TO INCLUDE THE PURCHASE OF A PRECIOUS OR SEMIPRECIOUS STONE OR GEM, TO REQUIRE A REASONABLE INQUIRY BY THE DEALER INTO THE TRUE OWNERSHIP OF THE ITEM, AND TO PROVIDE FOR THE ADDITIONAL REMEDY OF IMMEDIATE RETURN OF THE ITEM UPON DEMAND BY THE TRUE OWNER.
Referred to Committee on Judiciary
S. 224 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 24-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CORRECTIONS AND TREATMENT OF YOUTHFUL OFFENDERS, SO AS TO PROVIDE THAT A YOUTHFUL OFFENDER INCLUDES A PERSON UNDER SEVENTEEN YEARS OF AGE WHO HAS COMMITTED A NONVIOLENT CRIME THAT IS A CLASS D FELONY.
Referred to Committee on Judiciary
S. 408 (Word version) -- Senators Courson and Drummond: A JOINT RESOLUTION TO AMEND ACT 381 OF 2002, RELATING TO THE ARMED FORCES OF THE UNITED STATES VETERANS MONUMENT, TO INCLUDE THE STATE FLAG OF SOUTH CAROLINA AS ONE OF THE FLAGS TO BE FLOWN AT THE MONUMENT.
Referred to Committee on Education and Public Works
The roll call of the House of Representatives was taken resulting as follows:
Altman Anthony Bailey Bales Barfield Battle Bowers Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chellis Clark Clemmons Clyburn Coates Cobb-Hunter Cooper Dantzler Delleney Duncan Edge Emory Freeman Frye Gilham Gourdine Govan Hagood Hamilton Harrell Harrison Haskins Hayes Herbkersman J. Hines M. Hines Hinson Howard Huggins Keegan Kennedy Kirsh Koon Leach Lee Littlejohn Lloyd Lourie Lucas Mack Mahaffey Martin McCraw McGee 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 Sheheen 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 Wednesday, February 26.
Karl Allen Dwight Loftis Lonnie Hosey H.B. "Chip" Limehouse John Scott Kenny Bingham Todd Rutherford Ralph Davenport Gary Simrill Creighton Coleman Walton McLeod Bill Cotty Douglas Jennings
Rep. JENNINGS 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, February 25.
Announcement was made that Dr. Gary R. Culbertson of Sumter is the Doctor of the Day for the General Assembly.
Rep. MAHAFFEY presented to the House the James F. Byrnes High School Rebel Regiment Band, Class AAAA Marching Band State Champions, their directors 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. 3137 (Word version)
Date: ADD:
02/26/03 MCLEOD
Bill Number: H. 3418 (Word version)
Date: ADD:
02/26/03 LOURIE
Bill Number: H. 3231 (Word version)
Date: ADD:
02/26/03 LOURIE
Bill Number: H. 3530 (Word version)
Date: ADD:
02/26/03 EDGE
Bill Number: H. 3137 (Word version)
Date: ADD:
02/26/03 EDGE
Bill Number: H. 3628 (Word version)
Date: ADD:
02/26/03 EDGE
Bill Number: H. 3530 (Word version)
Date: ADD:
02/26/03 OWENS
Bill Number: H. 3538 (Word version)
Date: ADD:
02/26/03 THOMPSON
Bill Number: H. 3538 (Word version)
Date: ADD:
02/26/03 BAILEY
Bill Number: H. 3538 (Word version)
Date: ADD:
02/26/03 CLEMMONS
Bill Number: H. 3538 (Word version)
Date: ADD:
02/26/03 BARFIELD
Bill Number: H. 3231 (Word version)
Date: ADD:
02/26/03 HUGGINS
Bill Number: H. 3526 (Word version)
Date: ADD:
02/26/03 TOOLE
Bill Number: H. 3528 (Word version)
Date: ADD:
02/26/03 TOOLE
Bill Number: H. 3525 (Word version)
Date: ADD:
02/26/03 TOOLE
Bill Number: H. 3188 (Word version)
Date: ADD:
02/26/03 GILHAM
Bill Number: H. 3047 (Word version)
Date: REMOVE:
02/26/03 W. D. SMITH
The following Bills and Joint Resolution were taken up, read the third time, and ordered sent to the Senate:
H. 3670 (Word version) -- Reps. Lucas, Neilson and J. Hines: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON FEBRUARY 17, 2003, BY THE STUDENTS OF A SCHOOL IN THE DARLINGTON COUNTY SCHOOL DISTRICT WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS IS 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. 3575 (Word version) -- Rep. Cooper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-18-85 SO AS TO PROVIDE FOR TREATMENT OF UNCLAIMED PROPERTY PAYABLE OR DISTRIBUTABLE IN THE COURSE OF THE DEMUTUALIZATION OF AN INSURANCE COMPANY AS ABANDONED IN FIVE YEARS; AND TO AMEND SECTION 27-18-180, AS AMENDED, RELATING TO REPORTS OF UNCLAIMED PROPERTY, SO AS TO REQUIRE THE FILING OF A REPORT OF UNCLAIMED DEMUTUALIZATION PROCEEDS BEFORE MAY FIRST.
H. 3353 (Word version) -- Reps. Rhoad, Ott, Frye, Koon, Snow, Witherspoon, R. Brown, Coates, Cobb-Hunter, J. E. Smith, Hayes, Anthony, Bales, G. Brown, Emory, Kennedy, Kirsh, Limehouse, McCraw, J. M. Neal, Phillips, Rivers, Scarborough, G. M. Smith, Tripp, Umphlett and Lloyd: A BILL TO AMEND SECTION 50-11-1760, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BRINGING INTO OR RELEASING A COYOTE IN THIS STATE BEING UNLAWFUL, SO AS TO PROVIDE AN EXCEPTION, AND TO DELETE THE REQUIREMENT THAT A PERMIT BE OBTAINED BEFORE TRAPPING COYOTES OUTSIDE THE PRESCRIBED TRAP DISTANCE LIMITS; TO AMEND SECTION 50-11-1765, AS AMENDED, RELATING TO POSSESSION, SALE, OR IMPORTATION OF LIVE WOLVES AND COYOTES, SO AS TO PROVIDE EXCEPTIONS; TO AMEND SECTION 50-11-2480, AS AMENDED, RELATING TO PERSONS NOT REQUIRED TO OBTAIN FUR DEALER, BUYER, OR PROCESSOR'S LICENSE, SO AS TO PROVIDE THAT A PERSON WHO OWNS A COYOTE HUNTING ENCLOSURE AND IS PERMITTED BY THE DEPARTMENT OF NATURAL RESOURCES TO PURCHASE LIVE COYOTES FOR RELEASE INTO HIS PEN IS NOT REQUIRED TO OBTAIN A FUR DEALER, BUYER, OR PROCESSOR'S LICENSE, TO PROVIDE THAT COYOTES MUST BE OBTAINED FROM A SOUTH CAROLINA LICENSED COMMERCIAL TRAPPER AND MAY BE OBTAINED ONLY IF THE COYOTES WERE TAKEN LAWFULLY IN THIS STATE; AND TO AMEND SECTION 50-11-2510, AS AMENDED, RELATING TO TAGGING OF CERTAIN FURS, PELTS, AND HIDES, SO AS TO PROVIDE THAT FURBEARING ANIMALS, INCLUDING COYOTES, TAKEN LIVE TO BE SOLD AS LIVE ANIMALS ARE NOT REQUIRED TO BE TAGGED.
H. 3280 (Word version) -- Reps. Harrison and Clemmons: A BILL TO AMEND SECTION 8-13-770, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION OF THE BOARDS AND COMMISSIONS ON WHICH MEMBERS OF THE GENERAL ASSEMBLY MAY SERVE, SO AS TO ALLOW MEMBERS TO SERVE ON THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK.
H. 3165 (Word version) -- Reps. Harrison, Lucas, G. M. Smith, Cobb-Hunter, Cotty and Weeks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-29 SO AS TO PROVIDE THAT A PERSON CONVICTED OF MURDER WHO WAS MENTALLY RETARDED AT THE TIME OF THE OFFENSE MUST NOT BE SENTENCED TO DEATH, BUT MUST BE SENTENCED TO LIFE IMPRISONMENT; AND TO AMEND SECTION 16-3-20, AS AMENDED, RELATING TO PUNISHMENT FOR MURDER, SO AS TO DELETE MENTAL RETARDATION AS A MITIGATING CIRCUMSTANCE.
The following Bill was taken up:
H. 3258 (Word version) -- Reps. Walker, Talley and Littlejohn: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF SPARTANBURG COUNTY SCHOOL DISTRICTS ONE THROUGH SEVEN MUST BE SET BY THE BOARD OF TRUSTEES OF EACH RESPECTIVE DISTRICT 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.
Rep. VIERS 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 Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
H. 3672 (Word version) -- Reps. Walker, Mahaffey, Talley and Littlejohn: A BILL TO PROVIDE FOR THE PROCEDURES AND REQUIREMENTS TO MAKE UP DAYS LOST BECAUSE OF WEATHER OR OTHER DISRUPTIONS IN SPARTANBURG COUNTY SCHOOL DISTRICTS 1, 2, 3, 4, 5, 6, AND 7.
S. 395 (Word version) -- Senators Hayes, Gregory, Short and Peeler: A BILL TO AMEND ACT 469 OF 2000, RELATING TO SCHOOL DISTRICT 1 OF YORK COUNTY, SO AS TO REVISE THE DATE ON WHICH ELECTED MEMBERS OF THE BOARD SHALL TAKE OFFICE.
H. 3640 (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 INDIVIDUAL SEWAGE TREATMENT AND DISPOSAL SYSTEMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2801, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. OTT explained the Joint Resolution.
H. 3274 (Word version) -- Reps. Townsend and Clark: A BILL TO AMEND SECTION 59-19-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS AND DUTIES OF SCHOOL TRUSTEES, SO AS TO REVISE THE MANNER IN WHICH MATRICULATION AND INCIDENTAL FEES MAY BE CHARGED BY SCHOOL DISTRICTS INCLUDING PROVISIONS TO EXEMPT CERTAIN STUDENTS FROM THESE FEES.
Rep. WALKER explained the Bill.
H. 3654 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO SCHOOL INCENTIVE REWARD PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2726, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. MILLER explained the Joint Resolution.
H. 3655 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF ARCHIVES AND HISTORY, RELATING TO GENERAL RETENTION SCHEDULES OF MUNICIPAL RECORDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2787, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. MILLER explained the Joint Resolution.
H. 3656 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF ARCHIVES AND HISTORY, RELATING TO GENERAL RETENTION SCHEDULES FOR SCHOOL DISTRICT RECORDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2788, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. MILLER explained the Joint Resolution.
H. 3657 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF ARCHIVES AND HISTORY, RELATING TO GENERAL RETENTION SCHEDULE FOR STATE COLLEGES AND UNIVERSITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2789, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. MILLER explained the Joint Resolution.
H. 3667 (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 EXAMINATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2733, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. PARKS explained the Joint Resolution.
H. 3668 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO NEONATAL SCREENING IN INBORN METABOLIC ERRORS AND HEMOGLOBINOPATHIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2803, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. MACK explained the Joint Resolution.
The following Bill was taken up:
H. 3016 (Word version) -- Reps. Altman, Simrill, Coates and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-15-115 SO AS TO PROVIDE A FORFEITURE PROCEDURE WITH RESPECT TO CASH THAT IS CONFISCATED FROM A PERSON ARRESTED FOR A PROSTITUTION VIOLATION; AND TO AMEND SECTION 16-15-110, RELATING TO PENALTIES FOR PROSTITUTION VIOLATIONS, SO AS TO PROVIDE THAT CASH CONFISCATED PURSUANT TO AN ARREST FOR PROSTITUTION IS SUBJECT TO FORFEITURE.
Rep. HOWARD requested debate on the Bill.
The Bill was read the third time and ordered sent to the Senate.
The following Bill was taken up:
H. 3035 (Word version) -- Reps. Altman and Umphlett: A BILL TO AMEND SECTION 44-76-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VARIOUS TRAINING AND USE REQUIREMENTS FOR PERSONS DESIGNATED AS AUTOMATED EXTERNAL DEFIBRILLATOR USERS (AED), SO AS TO PROVIDE THE TRAINING REQUIRED INCLUDES A TRAINING COURSE APPROVED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.
Reps. HOWARD, LLOYD, SCOTT, J. H. NEAL, WHIPPER, J. HINES, MILLER, OTT, F. N. SMITH, HOSEY and MOODY-LAWRENCE requested debate on the Bill.
The following Bill was taken up:
H. 3538 (Word version) -- Reps. Townsend, Gilham, J. M. Neal, J. Hines, Martin, Wilkins, Cato, Chellis, Littlejohn, W. D. Smith, Stille, White, Talley, Thompson, Bailey, Clemmons and Barfield: 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.
Reps. TOWNSEND, MARTIN, SCOTT, STILLE, J. H. NEAL, GILHAM, RUTHERFORD, J. M. NEAL, EMORY, BAILEY, LITTLEJOHN, CHELLIS, WHITMIRE, LLOYD, J. E. SMITH, MILLER, RICHARDSON, D. C. SMITH, RHOAD, ANTHONY, FREEMAN and HOSEY requested debate on the Bill.
The following Joint Resolution was taken up:
S. 375 (Word version) -- Senators Martin, Leatherman, Peeler, Drummond, Giese, Setzler, Land, Holland, Moore, Short, Hutto, Hayes, Waldrep, Knotts, Ritchie, Verdin, Pinckney, J. V. Smith, McConnell, Courson, Thomas, Gregory, Mescher, Ryberg, Alexander, Fair, Ravenel, Branton, Grooms, Richardson, Hawkins and Kuhn: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DISTRICTS OF THIS STATE MAY FURLOUGH DISTRICT PERSONNEL TO THE EXTENT NECESSARY TO AVOID A YEAR-END DEFICIT AND A REDUCTION IN FORCE AND TO PROVIDE THE TERMS AND CONDITIONS OF A FURLOUGH PURSUANT TO THIS PROVISION; AND TO PROVIDE THAT FOR FISCAL YEAR 2002-2003, ALL SCHOOL DISTRICTS AND SPECIAL SCHOOLS OF THIS STATE MAY TRANSFER REVENUE BETWEEN PROGRAMS TO ANY INSTRUCTIONAL PROGRAM WITH THE SAME FUNDING SOURCE AND ANY UNOBLIGATED INSTRUCTIONAL PROGRAM FUNDS MAY BE USED FOR OPERATIONAL PURPOSES.
Reps. TOWNSEND, STILLE, MARTIN, GILHAM, WHITE, CHELLIS, WHITMIRE, E. H. PITTS, WALKER, MOODY-LAWRENCE, VIERS, NEILSON, J. HINES, COBB-HUNTER and RHOAD requested debate on the Joint Resolution.
On motion of Rep. WITHERSPOON, with unanimous consent, the following Bill was ordered recalled from the Committee on Agriculture, Natural Resources and Environmental Affairs:
S. 167 (Word version) -- Senator Gregory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-5-1707 SO AS TO PROVIDE FOR LIMITS ON CERTAIN SHARKS; AND TO AMEND SECTION 50-5-2725, AS AMENDED, RELATING TO SHARK CATCH LIMITS, SO AS TO MAKE TECHNICAL CHANGES.
The Veto on the following Act was taken up:
(R6) H. 3327 (Word version) -- Rep. Cato: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON AUGUST 29 AND 30, 2002, BY THE STUDENTS OF SLATER-MARIETTA ELEMENTARY SCHOOL OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY WHEN THE SCHOOL WAS CLOSED DUE TO ROOF AND STRUCTURAL PROBLEMS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Cato Hamilton Haskins Leach Rice F. N. Smith Taylor Tripp Vaughn Wilkins
Those who voted in the negative are:
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The Veto on the following Act was taken up:
(R7) 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.
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Cato Hamilton Haskins Leach Rice F. N. Smith Taylor Vaughn Wilkins
Those who voted in the negative are:
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The following House Resolution was taken up:
H. 3627 (Word version) -- Rep. Harrell: A HOUSE RESOLUTION EXPRESSING THE SENSE OF THE HOUSE OF REPRESENTATIVES THAT NO PERMANENT LAW, I.E., PART II'S, SHOULD BE INCLUDED IN THE GENERAL APPROPRIATIONS BILL FOR FISCAL YEAR 2003-2004, WHEN THE BILL IS UNDER CONSIDERATION IN THE HOUSE BEGINNING THE WEEK OF MARCH 10, 2003.
Whereas, fiscal year 2003-2004 promises to be an extraordinarily difficult year for many important and worthwhile state programs because of agency base budget reductions; and
Whereas, the long established practice of adding new permanent law, i.e., Part II's, in what should be a temporary spending measure has sometimes had the effect of increasing appropriations above what they would otherwise be if the permanent law measure had been fully vetted and debated in the committee process; and
Whereas, in this year of base budget cuts it is essential that the House of Representatives take no action that would require increased overall appropriations because of legislation that considered in isolation could not pass the House of Representatives. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives, by this resolution, express the sense of the House of Representatives that no permanent law, i.e., Part II's, should be included in the general appropriations bill for fiscal year 2003-2004, when the bill is under consideration in the House beginning the week of March 10, 2003.
Rep. HARRELL explained the Resolution.
The question then recurred to the adoption of the Resolution.
Rep. HARRELL demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
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 Cooper Cotty Dantzler Davenport Delleney Duncan Edge Emory Freeman Frye Gilham Gourdine Govan Hagood Hamilton Harrell Harrison Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hosey Howard Huggins Keegan Kennedy Kirsh Koon Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack Mahaffey Martin McCraw McGee McLeod Merrill Miller Moody-Lawrence 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 Young
Those who voted in the negative are:
So, the Resolution was adopted.
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.
Rep. G. M. SMITH moved to recommit the Concurrent Resolution to the Committee on Invitations and Memorial Resolutions, which was agreed to.
The following Concurrent Resolution was taken up:
H. 3621 (Word version) -- Rep. W. D. Smith: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO ABOLISH THE ALTERNATIVE MINIMUM TAX.
Whereas, in 1969, the United States Congress created the Alternative Minimum Tax to prevent wealthy Americans and corporations from using otherwise available deductions to reduce their income tax liability; and
Whereas, today the Alternative Minimum Tax has placed an onerous burden on working middle-class families and productive companies; and
Whereas, any family with an annual income of more than forty-nine thousand dollars which deducts its state and local taxes, mortgage interest, children, and college education will be subject to the Alternative Minimum Tax; and
Whereas, the Corporate Alternative Minimum Tax targets capital-intensive industries that create jobs, raise the incomes of workers, and increase the standard of living for all Americans; and
Whereas, corporations subject to the Alternative Minimum Tax during recessions are more likely to lay off their employees; and
Whereas, it is important to protect working families and productive companies from tax burdens that reduce the possibility of economic prosperity. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly, by this resolution, memorialize the Congress of the United States to abolish the Alternative Minimum Tax.
Be it further resolved that a copy of this resolution be forwarded to the United States Senate, the United States House of Representatives, and to each member of the South Carolina Congressional Delegation.
The Concurrent Resolution was adopted and sent to the Senate.
The following Concurrent Resolution was taken up:
H. 3619 (Word version) -- Rep. W. D. Smith: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO CONTINUE TO GRANT PENSION MONIES AND INDIVIDUAL RETIREMENT ACCOUNTS FAVORABLE TAX TREATMENT AND REPEAL THE PROVISIONS OF THE 2001 TAX RELIEF LEGISLATION WHICH IMPEDE SUCH FAVORABLE TREATMENT.
Whereas, under tax relief legislation passed in 2001, the pension and Individual Retirement Arrangement provisions will sunset on December 31, 2010; and
Whereas, although the tax-deductible contribution limit for IRA contributions will increase through December 31, 2010, IRA funding limits will actually shrink by sixty percent in 2011 if pension and Individual Retirement Arrangement provisions sunset as provided in the 2001 tax relief legislation; and
Whereas, people fifty years of age and older have been allowed tax benefits for investing additional funds in their retirement accounts annually as "catch-up" contributions, and this practice should continue because it maximizes retirement "nest eggs"; and
Whereas, pensions should be portable because the average American changes jobs ten times throughout his career span; and
Whereas, minimum distribution rules for pensions and retirement accounts should be adjusted to reflect the increase in work years and life expectancy because the population of this country enjoys a longer, more active life than that of a few generations ago and tends to spend more years in the work force. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly, by this resolution, memorialize the Congress of the United States to continue to grant pension monies and Individual Retirement Accounts favorable tax treatment and to repeal the provisions of the 2001 tax relief legislation which impede such favorable treatment.
Be it further resolved that a copy of this resolution be forwarded to the United States Senate, the United States House of Representatives, and to each member of the South Carolina Congressional Delegation.
The Concurrent Resolution was adopted and sent to the Senate.
The following Concurrent Resolution was taken up:
H. 3664 (Word version) -- Rep. Leach: A CONCURRENT RESOLUTION TO REFLECT ON TWO HUNDRED YEARS OF GOOD RELATIONS WITH FRANCE, AMERICA'S FIRST ALLY, EXPRESS GENUINE REGRET OVER THE RECENT ACTIONS OF FRANCE IN OPPOSING AMERICAN FOREIGN POLICY REGARDING IRAQ, AND CALL UPON FRANCE TO SUPPORT THE EFFORTS OF THE UNITED STATES TO RID IRAQ AND THE WORLD OF THE EVIL DICTATOR SADDAM HUSSEIN AND HIS WEAPONS OF MASS DESTRUCTION.
Whereas, for over two centuries the relationship between the United States and France has been warm, friendly, and for the most part marked by cooperation and numerous treaties and international agreements. As partners and allies the two countries have prospered in promoting culture, science, technology, and space exploration. They have forged strong economic ties and shared common cause in the love of freedom; and
Whereas, the friendship forged on the battlefields of the American Revolution, World War I, World War II, and elsewhere, is strained by French opposition to the plans of the United States to use military force if necessary to disarm Iraq of weapons of mass destruction and rid both Iraq and the world of a ruthless dictator, Saddam Hussein; and
Whereas, holding a permanent seat on the Security Council of the United Nations, France has threatened to veto a United Nations resolution for military action in Iraq. France, along with Germany and Belgium, also inexplicably opposed a United States backed North Atlantic Treaty Organization proposal to support Turkey in the event of a war with Iraq, an action that threatened to splinter the nineteen-member security alliance established in 1949 that saved Western Europe from communist expansion; and
Whereas, two hundred years ago France was America's greatest ally. Today, faced with a war against international terrorist and the threat posed by Saddam Hussein's weapons of mass destruction, the attitude and actions of France toward the United States lend aid and comfort to Iraq and Saddam Hussein. The obvious and natural result of France's actions in the United Nations and the North Atlantic Treaty Organization is to stir deep feelings of anger, resentment and betrayal among most Americans; and
Whereas, after the horrific attacks of September 11, 2001, and while faced with the gravest of dangers from international terrorists, the United States cannot allow France to have a veto or obstructionist power over American foreign policy. Thus, if France persists in refusing to support the United States on Iraq, and in blocking United States actions before the United Nations and the North Atlantic Treaty Organization, the United States must restructure its alliances in Europe and around the world and exclude France from future defense coalitions; and
Whereas, it is hoped France will once again choose to support the United States in these critical times. In the interim, and in the face of French obstructionism of American foreign policy, Americans everywhere may want to reconsider their personal choices in international business and foreign trade, as well as in the market places at home. After all, it makes no sense to buy French products, goods, and services, or to support and defend a country that steadfastly refuses to support an ally when faced with the gravest of dangers. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly, by this resolution, reflect on two hundred years of good relations with France, America's first ally, express genuine regret over the recent actions of France in opposing American foreign policy regarding Iraq, and call upon France to support the American efforts to rid Iraq and the world of the evil dictator Saddam Hussein and his weapons of mass destruction.
Be it further resolved that a copy of this resolution be forwarded to the President of the United States, the Secretary of State, the United States Senate, the United States House of Representatives, each member of the South Carolina Congressional Delegation, and to the French Embassy in Washington, DC.
The question then recurred to the adoption of the Concurrent Resolution.
Rep. KENNEDY demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Anthony Bailey Bales Barfield Bingham Bowers G. Brown R. Brown Cato Ceips Chellis Clark Clemmons Coates Coleman Cotty Dantzler Delleney Duncan Edge Emory Freeman Frye Gilham Hagood Harrell Harrison Haskins Hayes Herbkersman M. Hines Hinson Huggins Keegan Kirsh Koon Leach Lee Limehouse Littlejohn Loftis Lourie Lucas Mahaffey Martin McCraw J. M. Neal Neilson Ott Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Rhoad Rice Richardson Rivers Sandifer Scarborough Simrill Sinclair Skelton D. C. Smith F. N. Smith G. M. Smith J. R. Smith W. D. Smith Snow Stewart Stille Talley Taylor Thompson Toole Townsend Tripp Trotter Umphlett Vaughn Viers Walker White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Breeland Cobb-Hunter Gourdine J. Hines Hosey Kennedy Mack Rutherford Weeks
So, the Concurrent Resolution was adopted and sent to the Senate.
The following Concurrent Resolution was taken up:
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.
Whereas, the use of prescription drugs improves the quality of care and helps patients live healthier, longer, and more productive lives while keeping them out of more costly acute care settings in the long term; and
Whereas, the increased use of new and improved prescription drugs has changed the delivery of health care in the United States since Medicare was enacted; and while two-thirds of the Medicare population has some form of prescription drug coverage, although it many times is inadequate, one-third of Medicare beneficiaries have no coverage at all; and
Whereas, in that a drug benefit has not been included in the Medicare program, Medicare does not provide the elderly and disabled the most appropriate drug therapies, preventing the delivery of quality health care at an affordable cost; and
Whereas, the private sector provides affordable coverage by negotiating discounts on drugs and meeting the needs of special populations with chronic diseases and those with co-morbidities through coordinating care with disease management, drug utilization review, and patient education programs, all of which aid in ameliorating medical errors; and
Whereas, comprehensive reform of the Medicare program would utilize the successful tools of the private sector in coordinating care for this population and use the marketplace to foster competition among private plans, resulting in more choices of quality coverage for seniors and the disabled while maintaining the financial sustainability of the program; and
Whereas, Congress' inaction has failed to provide for comprehensive reform of Medicare, encouraging states to use their own resources to ease the burden of their elderly and disabled populations and effectively assume an unfunded, informal mandate; and
Whereas, in implementing state programs to assist the Medicare population, state budgetary constraints can often result in requirements to restrict and limit the patients' access to needed prescription drugs; and
Whereas, given the health issues and problems that are created by the absence of an adequate prescription drug component in the Medicare program, the General Assembly joins President Bush in strongly urging Congress to expeditiously address this problem. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the South Carolina General Assembly, by this resolution, request that the United States House of Representatives and the United States Senate enact financially sustainable, voluntary, universal, and privately administered out-patient prescription drug coverage as part of the federal Medicare program.
Be it further resolved that a copy of this resolution be forwarded to the members of the South Carolina Congressional Delegation.
The Concurrent Resolution was adopted and sent to the Senate.
The motion period was dispensed with on motion of Rep. TROTTER.
Rep. TOWNSEND moved to adjourn debate upon the following Joint Resolution until Thursday, February 27, which was adopted:
H. 3628 (Word version) -- Reps. Wilkins, Townsend, Taylor, Bingham, Rutherford, Lloyd, Kirsh, Rhoad, McLeod, Barfield, Ceips, Clark, Clyburn, Cobb-Hunter, Delleney, Duncan, Emory, Gilham, Herbkersman, Littlejohn, Lourie, Mahaffey, Martin, J. M. Neal, Ott, Pinson, M. A. Pitts, Richardson, Rivers, Skelton, Toole, Walker, White and Edge: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DISTRICTS OF THIS STATE MAY FURLOUGH DISTRICT PERSONNEL TO THE EXTENT NECESSARY TO AVOID A YEAR-END DEFICIT AND A REDUCTION IN FORCE AND TO PROVIDE THE TERMS AND CONDITIONS OF A FURLOUGH PURSUANT TO THIS PROVISION; AND TO PROVIDE THAT FOR FISCAL YEAR 2002-2003, ALL SCHOOL DISTRICTS AND SPECIAL SCHOOLS OF THIS STATE MAY TRANSFER REVENUE BETWEEN PROGRAMS TO ANY INSTRUCTIONAL PROGRAM WITH THE SAME FUNDING SOURCE AND ANY UNOBLIGATED INSTRUCTIONAL PROGRAM FUNDS MAY BE USED FOR OPERATIONAL PURPOSES.
The following Bill was taken up:
H. 3530 (Word version) -- Reps. Cato, Wilkins, Sandifer, Young, Cotty, Edge and Owens: 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.
Reps. CATO, J. E. SMITH, WILKINS and SANDIFER proposed the following Amendment No. 2 (Doc Name COUNCIL\GJK\ 20262SD03), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Chapter 3, Title 58 of the 1976 Code is amended by adding:
"Section 58-3-27. (A) Unless otherwise provided by law, a person may not serve as a member of the Public Service Commission if the Public Service Commission regulates a business with which that person is associated as defined in Section 8-13-100.
(B) If the Public Service Commission regulates a business with which an employee of the Public Service Commission is associated, the employee annually must file a statement of economic interests, notwithstanding the provisions of Section 8-13-1110.
(C) A person may not be an employee of the Public Service Commission if the commission regulates a business with which he is associated and this relationship creates a continuing or frequent conflict with the performance of his official responsibilities."
SECTION 2. Chapter 3, Title 58 of the 1976 Code is amended by adding:
"Section 58-3-35. (A) The commissioners are bound by the Code of Judicial Conduct as contained in Rule 501 of the South Carolina Appellate Court Rules as applicable, except as provided in Section 58-3-400. The State Ethics Commission is responsible for enforcement and administration of those rules pursuant to Section 8-13-320. In addition, the commissioners shall comply with the requirements of the State Ethics Act, Chapter 13 of Title 8. The commissioners must attend a workshop within six weeks of being elected concerning the Code of Judicial Conduct and the State Ethics Act. In enforcing the provisions of this section, the State Ethics Commission shall follow the procedures set forth in Rule 502 of the South Carolina Appellate Court Rules.
(B) Each year, the commissioners and their employees must attend a workshop of at least six contact hours concerning ethics and the Administrative Procedures Act."
SECTION 3. Chapter 3, Title 58 of the 1976 Code is amended by adding:
"Section 58-3-65. (A) For purposes of this chapter, the term 'proceeding' means the same as defined in Section 58-3-400(A)(1).
(B) There is established in the Public Service Commission an advisory staff and an advocacy staff. Each staff shall consist of legal, professional, administrative, technical, and clerical personnel necessary for the respective staff to perform its obligations as described in this section.
(C)(1) The advocacy staff shall represent the public interest of South Carolina before the commission. For purposes of this chapter, 'public interest' means:
(a) concerns of the public users and consumers of public utility services, regardless of the class of customer;
(b) economic development and job attraction and retention in South Carolina; or
(c) preservation of the financial integrity of the state's public utilities and the continued investment in and maintenance of utility facilities.
(2) The advocacy staff may intervene and be a party of record in a proceeding before the commission.
(3) The director of the advocacy staff shall be appointed by a committee consisting of five members, one of whom must be appointed by the Speaker of the House of Representatives from the membership of the House, one of whom must be appointed by the Speaker of the House of Representatives from the general public, one of whom must be appointed by the President Pro Tempore of the Senate from the membership of the Senate, one of whom must be appointed by the President Pro Tempore of the Senate from the general public and one of whom must be appointed by the Governor who shall chair the committee.
The members of the committee shall serve at the pleasure of their appointing authority and shall be a continuing body. After appointing the director of the advocacy staff and approving the director's initial compensation, the committee shall conduct an annual performance review of the director.
The director of the advocacy staff is solely responsible for supervision, direction, and control of the advocacy staff. The salary of the director of the advocacy staff shall be established in the same manner as are other salaries at the commission, subject to the approval of the five-member committee.
(D) The advisory staff shall provide research and technical support to the commission and advice and recommendations to the commission on all matters. The commission shall hire a director of the advisory staff who is solely responsible for supervision, direction, and control of the advisory staff.
(E) In addition to his other responsibilities, the executive director of the commission shall:
(1) ensure all pleadings filed with the commission are processed in compliance with the commission's approved policy and procedures manual;
(2) ensure all notices related to filings are prepared in compliance with the commission's approved policy and procedures manual;
(3) coordinate the scheduling of all hearing dates.
(F) All expenses associated with the advisory staff and the advocacy staff are expenses of the Public Service Commission and must be borne by the public utilities pursuant to Section 58-3-100."
SECTION 4. Chapter 3, Title 58 of the 1976 Code is amended by adding:
"Section 58-3-400. (A) Except as provided in subsection (B), a commissioner or member of the advisory staff may not communicate, directly or indirectly, with a person and a person may not communicate, directly or indirectly, with a commissioner or member of the advisory staff regarding an issue in a proceeding pending before the commission without first providing reasonable notice and an opportunity for all parties to participate in the communication. For the purposes of this section:
(1) 'Proceeding' means a contested case to be adjudicated, decided, arbitrated, or promulgated by the commission.
(2) 'Person' means a party to a proceeding pending before the commission, a member of the advocacy staff, the executive director, a representative of a party to a proceeding pending before the commission, individuals, corporations, partnerships, limited liability companies, members of state government, and public and elected officials.
(B) Notwithstanding the provisions of subsection (A), a commissioner or a member of the advisory staff may communicate with other commissioners and other members of the advisory staff regarding matters and proceedings pending before the commission.
(C) During the ninety-day period immediately preceding the filing with the commission of any pleadings, applications, or other documents that initiate a proceeding before the commission, a person who is aware that such a proceeding is to be initiated may not communicate, directly or indirectly, with a commissioner or member of the advisory staff regarding an issue involved in the proceeding. If a prohibited communication is made during that time, the commissioner or member of the advisory staff shall disclose the communication in the manner provided in subsection (D); except that a commissioner or member of the advisory staff may communicate, directly or indirectly, with a person regarding any fact, law, or other matter that is or may become an issue in a proceeding before the commission for the purposes of an educational briefing by the person if all members of the commission, all members of the advisory staff, all members of the advocacy staff, and all parties are invited to attend the briefing through the issuance of a Formal Notice of Briefing. Notice of the briefing must be published on the commission's website ten days before the educational briefing.
(D)(1) If a commissioner or member of the advisory staff makes or receives a communication in violation of this section, he must place the following on the record of the proceeding:
(a) the substance of the prohibited communication;
(b) all written or electronic documentation of the prohibited communication;
(c) the identity of each person who participated in the prohibited communication;
(d) the date and time of the communication.
(2) The commission or member of the advisory staff also shall advise all parties that these matters have been placed on the record pursuant to item (1). Within ten days after receipt of notice of the prohibited communication, a person who desires to rebut the content of the prohibited communication must request and be granted the opportunity to rebut its contents on the record of the proceeding.
(E) If necessary to eliminate the effect of a prohibited communication received in violation of this section, a commissioner or member of the advisory staff who receives the prohibited communication may be prohibited from participating in the proceeding by the chairman or by the commissioners upon a majority vote of those present and voting and the portions of the record pertaining to the prohibited communication may be sealed by protective order.
(F) A commissioner or member of the advisory staff, member of the advocacy staff, party, or other person must report a wilful violation or repeated nonwilful violations of this section by a commissioner, a member of the advisory staff, a member of the advocacy staff, or the executive director to the State Ethics Commission for disciplinary proceedings or action provided by law. In enforcing the provisions of this section, the State Ethics Commission shall follow the procedures set forth in Rule 502 of the South Carolina Appellate Court Rules.
(G) A person who wilfully violates this section may be fined by the State Ethics Commission not more than one thousand dollars.
(H) This section does not prohibit communication by the executive director of the commission with commissioners on administrative matters."
SECTION 5. Section 58-3-20 of the 1976 Code, as last amended by Act 493 of 1994, is further amended to read:
"Section 58-3-20. (A) The Public Service Commission shall be is composed of seven members to be elected by the General Assembly in the manner prescribed by this chapter for terms of four years and until their successors are elected and qualify. For an election for a term beginning after June 30, 2004, the elected members shall have a high school degree or equivalent.
(B) In screening persons for election to the Public Service Commission for a term beginning after June 30, 2004, the joint committee shall consider the knowledge and experience of the appointees in the following fields:
(1) energy issues;
(2) telecommunication issues;
(3) consumer protection and advocacy issues;
(4) water and wastewater issues;
(5) finance, economics, and statistics;
(6) accounting;
(7) engineering;
(8) law; or
(9) business operation or administration.
(C) Beginning in 2003, the members of the Public Service Commission must be elected to staggered terms. In 2003, the members representing the second, fourth, and sixth congressional districts must be elected for five-year terms, ending in 2008 and until their successors are elected and qualified. In 2003, the members representing the first, third, and fifth congressional districts and the state at large must be elected for three-year terms, ending in 2006 and until their successors are elected and qualified. After that, members are elected for terms of four years and until their successors are elected and qualified.
(D) The General Assembly shall must provide for the election of the seven member seven-member commission and elect its members thereto based upon the congressional districts established by the General Assembly. The elections held in 2003 must be based on the congressional districts established pursuant to the official United States Census of 1990 2000. The elections held after 2003 must be based on the congressional districts established pursuant to the latest official United States Decennial Census. If the number of congressional districts is less than seven, additional members shall must be elected at large to provide for a seven member seven-member commission."
SECTION 6. Section 58-3-24 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 58-3-24. After January 1, 1981, no A member of the General Assembly shall must not be elected to the Public Service Commission while that person the member is serving in the General Assembly; nor shall that person the member of the General Assembly be elected to the Public Service Commission for a period of four years after he the member either:
(1) ceases to be a member of the General Assembly; or
(2) fails to file for election to the General Assembly in accordance with Section 7-11-15."
SECTION 7. (A) The members of the Public Service Commission elected in 2003 shall take the oath of office required by Section 58-3-30 of the 1976 Code within three days after certification of their election, Sundays excepted.
(B) Any member elected at the 2003 election is considered eligible for reelection notwithstanding any other provision of this act.
SECTION 8. Section 8-13-930 of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"Section 8-13-930. No A candidate for an office elected by the General Assembly may not seek directly or indirectly the pledge of a member of the General Assembly's vote until the qualifications of all candidates for that office have been determined by the appropriate joint committee to review candidates for that office and until the joint committee has formally released its report as to the qualifications of its nominees to the General Assembly. No A member of the General Assembly may not offer a pledge until the qualifications of all candidates for that office have been determined by the appropriate joint committee to review candidates for that office and until the joint committee has formally released its report as to the qualifications of its nominees to the General Assembly. The formal release of the report of qualifications shall occur no earlier than forty-eight hours after the nominees have been initially released to members of the General Assembly."
SECTION 9. Section 58-3-60 of the 1976 Code is repealed.
SECTION 10. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 11. This act takes effect upon approval by the Governor. /
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Rep. CATO explained the amendment.
Rep. CATO spoke in favor of the amendment.
Rep. J. E. SMITH spoke in favor of the amendment.
The amendment was then adopted.
Rep. DAVENPORT proposed the following Amendment No. 3 (Doc Name COUNCIL\GJK\20239SD03), which was adopted:
Amend the bill, as and if amended, in Section 7, by adding a new subsection (C) to read:
/ (C) Notwithstanding any other provision of law, candidates for election to the Public Service Commission in 2003, within five days after the effective date of this section, must file a Statement of Economic Interest with the State Ethics Commission. The Statement of Economic Interest must also contain a supplemental statement showing all contributions from any person in any amount to support his candidacy for election to the commission in 2002 or 2003. /
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Rep. DAVENPORT explained the amendment.
The amendment was then adopted.
Rep. DAVENPORT proposed the following Amendment No. 5 (Doc Name COUNCIL\GJK\20265SD03), which was adopted:
Amend the bill, as and if amended, in Section 58-3-400 of the 1976 Code, as contained in SECTION 4, by adding a new subsection to be appropriately lettered to read:
/ ( ) In addition to all other penalties or sanctions authorized by this section, the violation or the appearance of violating the prohibitions against ex parte communications contained in this section by any candidate for election or reelection to the commission after 2003 must be considered by the joint screening committee when determining the qualifications of candidates in those elections. /
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Rep. DAVENPORT explained the amendment.
The amendment was then adopted.
Reps. J. E. SMITH, SHEHEEN and BALES proposed the following Amendment No. 6 (Doc Name COUNCIL\PT\1307MM03), which was ruled out of order:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION__. Article 9, Chapter 13 of Title 8 of the 1976 Code is amended by adding:
"Section 8-13-940. No member of the General Assembly shall be elected to any state board, commission, committee, judgeship, or any other office in which the seat is filled by way of an election held in the General Assembly while that person is serving in the General Assembly nor shall that person be elected to such office for a period of four years after he ceases to be a member of the General Assembly.
No 'family member' as this term is defined in Section 2-17-10(6) of a person serving in the General Assembly may be elected to any state board, commission, committee, judgeship, or any other office in which the seat is filled by way of an election held in the General Assembly. This prohibition also continues for a period of one year after that person ceases to be a member of the General Assembly." /
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Rep. J. E. SMITH explained the amendment.
Rep. ALTMAN raised the Point of Order that Amendment No. 6 was out of order under Rule 9.3 in that it was not germane to the Bill.
Rep. J. E. SMITH argued contra.
Speaker WILKINS stated that the Bill, as previously amended by Amendment No. 2, dealt with reforming the Public Service Commission and Amendment No. 6 dealt with the relationships between candidates for offices and members of the General Assembly. He therefore sustained the Point of Order and ruled the amendment out of order.
Reps. J. E. SMITH, SHEHEEN and BALES proposed the following Amendment No. 8 (Doc Name COUNCIL\PT\1309MM03):
Amend the bill, as and if amended, Section 58-3-24 as found in SECTION 6, by deleting Section 58-3-24 in its entirety and inserting:
/ "Section 58-3-24. (A) After January 1, 1981, no A member of the General Assembly shall must not be elected to the Public Service Commission while that person the member is serving in the General Assembly; nor shall that person the member of the General Assembly be elected to the Public Service Commission for a period of four years after he the member either:
(1) ceases to be a member of the General Assembly; or
(2) fails to file for election to the General Assembly in accordance with Section 7-11-15.
(B) No 'family member' as this term is defined in Section 2-17-10(6) of a person serving in the General Assembly may be elected to the Public Service Commission. This prohibition also continues for a period of one year after that person ceases to be a member of the General Assembly.
(C) This prohibition and limitation applies to a member of the General Assembly or a family member elected to any state board, commission, committee, judgeship, or any other office in which the seat is filled by way of an election held in the General Assembly." /
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Rep. J. E. SMITH explained the amendment.
Rep. SANDIFER raised the Point of Order that Amendment No. 8 was out of order under Rule 9.3 in that it was not germane to the Bill.
Rep. J. E. SMITH argued contra.
Speaker WILKINS stated that he would take the Point of Order under consideration and render a ruling following the Joint Assembly.
Further proceedings were interrupted by the Joint Assembly, the pending question being consideration of the Point of Order on Amendment No. 8, Rep. J. E. Smith having the floor.
At 12:00 noon the Senate appeared in the Hall of the House. The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
The Reading Clerk of the House read the following Concurrent Resolution:
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.
Chief Justice Toal and her distinguished party were escorted to the rostrum by Senators McConnell, Setzler, Hayes, Hawkins and Malloy and Representatives G.M. SMITH, GOVAN, SHEHEEN, SINCLAIR and HASKINS. The President of the Senate introduced Chief Justice Toal.
Chief Justice Toal addressed the Joint Assembly as follows:
Lieutenant Governor Bauer, President Pro Tempore McConnell, Speaker Wilkins, Speaker Pro Tempore Smith, Members of the Joint Assembly, my brothers and sisters of the South Carolina Judiciary, Ladies and Gentlemen:
For as long as the mind can ponder, September 11th will be a marker in the course of world history as we search for meaning in the demonic events of a year ago. As the nation works together to heal the wounds of lower Manhattan, we turn anew to the rule of law and its underlying principles of fairness, decency and honesty.
In the wake of the terrible events of September 11th, our President promised the world: "we will bring them to justice." But as the nation moved forward to make good on the President's promise, our national resolve has been tested again by the events of this past year. Our economy faces a time of crisis and challenge fueled by corporate accounting scandals, bankruptcies, and the volatility of the stock market. The sniper attacks reminded us again of our vulnerability to acts of terror. Looming war with Iraq further challenges our national resolve.
But in the face of great national turmoil, there was also much to celebrate in 2002. South Carolina and the nation celebrated the long life of public service of America's first centenarian Senator as our beloved Strom Thurmond attained his 100th birthday while still serving his country as her oldest Senator.
In this time of great national challenge, the American public is increasingly looking to its government for leadership. Here at home, our citizens have passed the torch to a man of vision and quiet confidence, Governor Mark Sanford.
The financial challenges the State currently faces are the most severe I have seen since the 1970s. But the good news is that we don't approach the task under the crushing yoke of the spiraling inflation of those times.
Additionally, we have made significant progress toward introducing more rigorous and more accountable management into state government.
Every state general assembly in the country is facing a financial crisis as it approaches the task of adopting a general appropriations bill this year. My colleagues in the Judicial Branch yearn for me to spend this time making a strong financial plea to you. Certainly this past year's cuts have been devastating to the state court system.
Three years ago, the annual appropriation for the Judicial Branch was $41,775,000, about 4/5 of 1 percent (.0785) of the state budget. As this fiscal year began, our appropriation was $38,400,000. As the result of this year's across-the-board cuts, our state appropriation stands at $35,000,000. The budget Ways and Means recommends for our state court system for the next fiscal year is $32,135,000 of state appropriations, representing less than 3/4 of 1 percent (.0706) of the state's budget. The Judicial Branch has not received this small a portion of state budget in absolute dollars or percentage in 8 years. And yet in the face of this bleak financial picture, I come here today to thank you for what you have done.
Last year, I came to your leadership and explained that I simply could not operate your court system at the level of state funding projected. You responded by the adoption of a motions fee, an increase in court filing fees, and an increase in alimony/child support collection fees. We have spent much time this fall with the Clerks of Court, attempting to assure that these fees are correctly remitted to the counties and to the Judicial Branch.
I have made administrative adjustments to the application of the motions fees to address concerns of practicing lawyers. I thank Representative John Graham Altman for expressing these concerns in the bill he prefiled. I believe my most recent adjustments deal effectively with those concerns. User fees are now crucial to the viability of our state court system.
I have sat in your seat and walked in your shoes in making the tough budget choices that a changing economy presents to you. I simply plead with you to stay the course, and I thank you in advance for your continued support. This year will simply be a scramble to survive.
More long term, however, permit me to make a few modest suggestions. There is great opportunity in adversity. I urge you to seize this moment to look more deeply at how you encourage and incentivize good public management.
We have a new Governor who has a real commitment to changing the way we manage state government. Every line in the General Appropriations Bill has a constituency that clamors for your attention and support. Our approach to budgeting pits groups, agencies and even the three branches against each other in a scramble for scarce state resources. I fully understand that you can't change your current process in midstream, but in the interim, when you are making a more long-term study of state budgeting, consider that effective management should be encouraged and rewarded in state government. Additionally, there is a need to place priority on core constitutional functions, the governor, the general assembly, and the courts. I long to have the financial needs of the Judicial Branch of government evaluated on the basis of how effectively we use sound management practices and on the essential nature of our constitutional function. You could completely defund the core of the three branches, the courts, the legislature, and the governor's office, and you would destabilize our State and not come close to balancing the state's budget. The big financial decision will have to involve the hard job of setting priorities, but there is a governmental core which both constitutional mandate and ordered liberty require.
The Judicial Branch receives less than $10 per capita. South Carolina has the lowest court budget and per capita allocation by a significant percentage than 10 of our sister states with similar population. The next closest state has a court budget nearly 20 percent greater than ours.
We manage our state system with a small state staff and collaboration with our 46 Clerks of Court. Most states our size have a large state and regional administrative team. Additionally, we have far fewer judges per case than any of our neighboring states. In the last 8 years, our case volume in all courts has continued to grow. Hard times produce an increase in crime, domestic disputes, business disputes, and almost every area of our courts' business. And yet we are achieving great success. Our scorecard for this year includes the following:
In each of my previous State of the Judiciary addresses, I have emphasized reduction in the continuing backlog of cases in criminal court, the General Sessions Court of South Carolina, as a top priority. We owe it to the victims, the accused, and the people of this State to dispose of criminal cases quickly and fairly. We have not added any additional trial court judges in South Carolina in seven years, yet our criminal case load continues to increase exponentially. We are committed to a two-pronged approach to case management:
First, the development of more efficient ways of managing the criminal docket and second use of technology to manage the cases we try.
I strongly support the control of the docket by our circuit solicitors. I have developed a close working relationship with each of them. Together, we are developing new approaches to managing criminal cases in South Carolina.
Special recognition goes to Solicitor Barney Giese of the 5th Circuit who, over the past year, has piloted a differentiated case management system for the Richland County criminal docket. The purpose of the program is to reduce backlogs by placing criminal cases on different timeline tracks based on the severity and complexity of the offense.
In the year 2002, his system produced amazing results. We started the year with 6,867 cases pending. We added an additional 8,955 cases for a total caseload for the year of 11,450 cases. At the end of the year, the pending case figure was 4,847. We reduced the backlog in Richland County by nearly one-third without spending any additional state funds nor adding any more personnel. Through more effective management and integration of technology, significant results are being achieved for the citizens of our great State.
This effort involved coordination from the time the warrant for a general sessions case was issued by a magistrate to the time the case is disposed. Much credit goes to Solicitor Giese, Judge Henry Floyd, Justice Costa Pleicones, Clerk Barbara Scott and the magistrates and law enforcement of the County who set deadlines, adhered to them, and pushed the process forward.
Other solicitors are now reviewing these efforts at differentiated case management. Through use of federal grants, I have been able to assign retired Circuit Judge Ed Cottingham to Orangeburg County to work with Solicitor Walter Bailey to develop a similar program for a county whose general sessions case rate continues to explode.
Two years ago, the Supreme Court and Court of Appeals began to hold terms of court around the State. This past March, the Supreme Court sat in Charleston Historic Courthouse in connection with its reopening almost 13 years after the devastation of Hurricane Hugo. The Supreme Court also conducted a term in Greenville in October. During the past year, the Court of Appeals has held court in Greenville and Conway. In each instance, cases were selected involving litigants from the area. Local bar associations encouraged grade school, middle school, high school and college students to read the briefs, attend oral arguments, and participate in question-and-answer sessions with the Court. These regional appellate court terms are well received by the educational and legal communities as well as the public at large. Our county Clerks of Court and local judicial personnel feel a real sense of pride in participating in these special appellate court sessions.
I have reorganized the existing administrative functions of our state court system under six directors: Rosalyn Frierson, Court Administration; Dan Shearouse, Supreme Court Clerk; Ken Richstad, Clerk of the Court of Appeals; Rachel Beckford, Chief Staff Attorney; Joan Assey, Information Technology; Henry Richardson, Disciplinary Counsel; and Tom Timberlake, Finance and Personnel.
No additional personnel or change in pay has been instituted, simply a reorientation of how we do business.
This directors' team meets monthly. Our internal processes are becoming focused on results using the fundamentals of project management. That means that as we identify projects, we set timelines and schedules; we identify deliverables - the results we intend to achieve; and we identify, on the front end, the resources by way of personnel, equipment, facilities, supplies and technology necessary to move the project forward.
We strive for tangible business results based on strategic planning and process management. Central to our operation is the concept of servant leadership, which I believe is embodied in the Preamble to the Constitution. "We the people, in order to form a more perfect union" was a bold proclamation that government has only those powers granted it by the people ... not, I might say, a popular notion in the 18th century, but one we live by today.
Strategic decisions about rebuilding South Carolina's economy are rightly in the hands of this General Assembly and our Governor, but effective courts can play an important supporting role.
Indeed, the very creation of the first civil courts some 600 years ago was driven by the desire to build commerce. If merchants in Rome wanted to trade with makers of goods in Nice, they needed common rules about enforcing contracts, and they needed reliable courts where they could seek relief if they did not get paid.
The automaker BMW and our own Milliken Industries are examples of manufacturing firms, which chose to locate in our state and provide new jobs for thousands of South Carolinians. These businesses would not locate or remain here unless they could, with confidence, manufacture cars and goods, ship them elsewhere and know they would be paid by the buyers and have recourse to effective courts to enforce their contracts.
In a time of severe cuts to our recurring budget, greater efficiency is the key to keeping courthouses open in South Carolina.
Our real success story has been to utilize grant monies obtained in partnership with the criminal justice community to continue our efforts to utilize technology to provide more timely and accurate information and streamline our operations. Although the courts are robed in tradition, we are leveraging technology to modernize our operations and improve our abilities to serve. The Judicial Department continues to enhance our web presence and is in the midst of instituting a statewide court case management system. These efforts have involved Clerks of Court, county technology directors, and numerous local officials in the design and award of a contract which will pilot a case management project in Greenville, Pickens and Richland Counties later this year.
There are some real heroes in encouraging our beginning efforts at court automation in South Carolina. Federal sources include significant Commerce-Justice-State appropriations secured under the leadership of Senator Ernest Hollings, with the support of Senator Lindsey Graham, and the six members of our South Carolina congressional delegation. The collaboration with SLED and support of the South Carolina Office of Justice Programs have enabled other significant federal grants to be received by the Judicial Department. It should be noted that these federal funds are available to the South Carolina Judicial Department because of our technology efforts; otherwise, we would not be eligible for them.
The majority of these federal funds are being used to implement the technology at the local level. In the year 2000, very few judicial personnel, judges or staff, used email or had reliable, high-speed internet connectivity. Few of the county courthouses were even equipped to participate in the internet age. Today, in 2003, through much collaboration with other state agencies and the individual counties, nearly 25 of the 46 county courthouses have reliable, high-speed internet connectivity and the goal is to have all 46 counties equipped with this capability by the end of the next fiscal year.
South Carolina is one of the few states in the country in which every county Clerk of Court has his or her own website. I, myself, now rely on email and our website as our primary communications vehicle. Leading by example, providing these tools, and then using them in our everyday operations at all 8 levels of the courts has created a paradigm shift, a momentum and enthusiasm, and a collaboration between state and local governments that is uncommon in this day and age.
Many counties are now using these technology tools to develop innovative and cost saving services. The counties stepping forward are not only the large, progressive counties that everyone expects, but the rural counties as well: Bamberg, Barnwell, Colleton, and Hampton counties. The Clerks of Court in many counties are now putting the court rosters online which is saving them precious county funds. The smallest and most rural counties are now able to save approximately $500 per month utilizing online rosters.
Technology itself is not a panacea; it is the proper integration of this new tool into the business processes of our branch of government that is producing results. These results are beginning to be recognized both nationally and within our own State. The Center for Digital Government recognized us with their "In the Arena Award" and the South Carolina State Library recognized our website as the best in the state for our technology efforts during the past year.
The Judicial branch is proud of our accomplishments, but achieving these initial goals has shown us how much we have left to do in order to realize our vision, especially in these current trying times.
Major encouragement for our management approach has also been given by Speaker Wilkins, Ways and Means Chairman Harrell, President Pro Tempore McConnell, and Finance Chairman Leatherman. Times are very difficult financially for our beloved State, but the Speaker, the President, and the Chairmen have treated the Judicial Department as a coequal branch of government. House subcommittee chair Chip Limehouse, Representatives McGee and Cobb-Hunter, with input from Speaker Pro Tempore Doug Smith and Representative Annette Young, have developed a unified approach to criminal justice funding which holds much promise. And major thanks also goes to Senate Finance Subcommittee Chairman Senator David Thomas, and Senators Kay Patterson, Maggie Glover, Brad Hutto, and Verne Smith for their continued support of our efforts to finance the court system.
Over the past year our courts and our counterpart federal judges in South Carolina have considered the issue of whether and when public court records and judge ordered settlements should be sealed from public view.
Concern in both our courts has revolved around issues of public health and safety. The heartbreaking scandal of long time sexual abuse by clergy in the Catholic Church, the question of whether lives could have been saved by early public disclosure in tire separation cases, and issues involving child and health care malpractice have fueled much public interest in this question. The federal district court of South Carolina adopted a local rule which bans all court ordered or court approved secret settlements.
Your Supreme Court conducted public hearings on this matter and adopted a rule which we believe balances the public's right to access information about cases litigated in the public's courts with the need for privacy which arises particularly in our family courts and in mental health proceedings in probate court. We have not interfered with any party's right to settlement as a matter of private contract. However, if the parties use the power of the judge to evaluate, approve, and enforce a settlement, such matters must be public unless the court finds compelling reasons for privacy that outweigh the public interest. We have presented these rules to the House Judiciary Committee and hope to appear before the Senate Judiciary Committee as well. We believe public confidence is enhanced by the adoption of these balanced rules.
At the midwinter meeting of the Conference of Chief Justices from which I have just returned, the method of selection of state court judges continues to be a major topic of concern. Naturally, the states are almost evenly divided between those which select by popular election and those which use gubernatorial appointment, many with retention elections.
The spending of enormous sums on high-pressure media campaigns has turned many state judicial elections around the country into low, nasty, negative campaigns waged in an atmosphere of instant sound bites and big money. Several chiefs have described their elections as a disgrace and an outrage.
The public of South Carolina is weary of uncivil public debate. Public confidence in government as a whole and our judicial branch in particular is much enhanced by our own measured and merit grounded approach to judicial selection. Our method of selection by a joint assembly of this General Assembly is the envy of the country and the quality of our bench reflects the high quality of our process and of your deliberation.
I proudly present to you at this time Justices Moore, Waller, Burnett, and Pleicones from my court. Will you stand. Former Chief Justice Bruce Littlejohn, who, fifteen years ago, began the first of these State of the Judiciary speeches. Chief Judge Hearn and her colleagues: Judges Goolsby, Cureton, Connor, Howard, Stillwell, Huff, Anderson, and Shuler. And I ask that, in the gallery, all who wear the robe and all members of the Judicial Department stand for a moment so that these members of the General Assembly might acknowledge your presence, as I do, and thank you very much for coming today.
When the history of court modernization and the continued vitality of an independent and responsible judiciary in South Carolina are recorded, the names of our Judiciary Chairmen Glenn McConnell and Jim Harrison will be writ large as guardians of our independence and our accountability.
Finally, permit me a point of personal privilege. I came to the floor of this House as a 31-year-old wife and mother. My little three-year-old, Jean, grew up in this Chamber as did her younger sister, Lilla. You bought their Girl Scout cookies. They learned to use computers, and they learned a lot about how to share and how to serve in this chamber. I remember with great affection the many other members' children who visited here in my time, including several who are now members of this body, Dolly Cooper's son, Dan; Lucille Whipper's son, Seth; David Taylor's son, Adam; and Izzie Lourie's son, Joel. But now my little three-year-old, Jean Toal Eisen, is the very same age as I was when I came here. So let me introduce you to her first son, our first grandchild, my pride and joy, Patrick Jacob Eisen. Everyone is motivated by a different cause, but all of us strive to bring and build a better world for our children and grandchildren.
Thank you for what you do for South Carolina and Godspeed.
Upon conclusion of her address, Chief Justice Toal and her escort party retired from the Chamber.
The purposes of the Joint Assembly having been accomplished, the PRESIDENT announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.
At 12:35 p.m. the House resumed, the SPEAKER in the Chair.
Debate was resumed on the following Bill, the pending question being the consideration of the Point of Order on Amendment No. 8, Rep. J. E. SMITH having the floor:
H. 3530 (Word version) -- Reps. Cato, Wilkins, Sandifer, Young, Cotty, Edge and Owens: 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.
Reps. J.E. SMITH, SHEHEEN and BALES proposed the following Amendment No. 8 (Doc Name COUNCIL\PT\1309MM03) which was ruled out of order:
Amend the bill, as and if amended, Section 58-3-24 as found in SECTION 6, by deleting Section 58-3-24 in its entirety and inserting:
/ "Section 58-3-24. (A) After January 1, 1981, no A member of the General Assembly shall must not be elected to the Public Service Commission while that person the member is serving in the General Assembly; nor shall that person the member of the General Assembly be elected to the Public Service Commission for a period of four years after he the member either:
(1) ceases to be a member of the General Assembly; or
(2) fails to file for election to the General Assembly in accordance with Section 7-11-15.
(B) No 'family member' as this term is defined in Section 2-17-10(6) of a person serving in the General Assembly may be elected to the Public Service Commission. This prohibition also continues for a period of one year after that person ceases to be a member of the General Assembly.
(C) This prohibition and limitation applies to a member of the General Assembly or a family member elected to any state board, commission, committee, judgeship, or any other office in which the seat is filled by way of an election held in the General Assembly." /
Renumber sections to conform.
Amend title to conform.
Speaker WILKINS stated that the Bill, as previously amended by Amendment No. 2, dealt with reforming the Public Service Commission and Amendment No. 8 dealt with the relationships between candidates for offices and members of the General Assembly. He therefore sustained the Point of Order and ruled the amendment out of order.
Rep. HARRISON moved that the House recede until 2:15 p.m., which was agreed to.
Further proceedings were interrupted by the House receding, the pending question being consideration of amendments.
At 2:15 p.m. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
Debate was resumed on the following Bill, the pending question being the consideration of amendments:
H. 3530 (Word version) -- Reps. Cato, Wilkins, Sandifer, Young, Cotty, Edge and Owens: 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.
Reps. J. E. SMITH, SHEHEEN and BALES proposed the following Amendment No. 9 (Doc Name COUNCIL\PT\1309MM03), which was tabled:
Amend the bill, as and if amended, Section 58-3-24 as found in SECTION 6, by deleting Section 58-3-24 in its entirety and inserting:
/ "Section 58-3-24. (A) After January 1, 1981, no A member of the General Assembly shall must not be elected to the Public Service Commission while that person the member is serving in the General Assembly; nor shall that person the member of the General Assembly be elected to the Public Service Commission for a period of four years after he the member either:
(1) ceases to be a member of the General Assembly; or
(2) fails to file for election to the General Assembly in accordance with Section 7-11-15.
(B) No 'family member' as this term is defined in Section 2-17-10(6) of a person serving in the General Assembly may be elected to the Public Service Commission. This prohibition also continues for a period of one year after that person ceases to be a member of the General Assembly.
(C) This prohibition and limitation applies to a member of the General Assembly or a family member elected to any state board, commission, committee, judgeship, or any other office in which the seat is filled by way of an election held in the General Assembly." /
Renumber sections to conform.
Amend title to conform.
Rep. J. E. SMITH explained the amendment.
Rep. J. E. SMITH spoke in favor of the amendment.
Rep. CATO moved to table the amendment.
Rep. SHEHEEN demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Altman Barfield Bingham Cato Ceips Chellis Clark Clemmons Coates Cooper Cotty Dantzler Delleney Duncan Edge Gilham Hagood Harrell Harrison Haskins Hayes Herbkersman Hinson Huggins Keegan Koon Leach Lee Littlejohn Loftis Lucas Mahaffey Martin McCraw McGee Moody-Lawrence Owens Perry Phillips Pinson E. H. Pitts M. A. Pitts Quinn Rice Sandifer Scarborough Simrill Skelton D. C. Smith G. M. Smith J. R. Smith W. D. Smith Stille Talley Taylor Thompson Toole Townsend Tripp Trotter Umphlett Viers Walker White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Anthony Bales Breeland G. Brown J. Brown R. Brown Cobb-Hunter Coleman Davenport Freeman Frye Gourdine J. Hines M. Hines Hosey Howard Jennings Kirsh Lloyd Lourie Mack McLeod Merrill Miller J. H. Neal J. M. Neal Neilson Ott Parks Rivers Scott Sheheen J. E. Smith Snow Weeks
So, the amendment was tabled.
Rep. KIRSH proposed the following Amendment No. 11 (Doc Name COUNCIL\DKA\3272DW03), which was adopted:
Amend the bill, as and if amended, by inserting an appropriately numbered SECTION to read:
/ SECTION __. Section 58-3-70 of the 1976 Code is amended to read:
"Section 58-3-70. The chairman and members of the commission shall receive annual salaries payable in the same manner as the salaries of other State officers are paid. Each commissioner shall devote full time to his duties as a commissioner, and shall not engage in any other employment, business, profession, or vocation during the normal business hours of the Public Service Commission." /
Renumber sections to conform.
Amend title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Reps. J. E. SMITH, SHEHEEN and BALES proposed the following Amendment No. 12 (Doc Name COUNCIL\PT\1316MM03), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting clause and inserting:
/ SECTION 1. Chapter 3, Title 58 of the 1976 Code is amended by adding:
"Section 58-3-27. (A) Unless otherwise provided by law, a person may not serve as a member of the Public Service Commission if the Public Service Commission regulates a business with which that person is associated as defined in Section 8-13-100.
(B) If the Public Service Commission regulates a business with which an employee of the Public Service Commission is associated, the employee annually must file a statement of economic interests, notwithstanding the provisions of Section 8-13-1110.
(C) A person may not be an employee of the Public Service Commission if the commission regulates a business with which he is associated and this relationship creates a continuing or frequent conflict with the performance of his official responsibilities."
SECTION 2. Chapter 3, Title 58 of the 1976 Code is amended by adding:
"Section 58-3-35. (A) The commissioners are bound by the Code of Judicial Conduct as contained in Rule 501 of the South Carolina Appellate Court Rules as applicable, except as provided in Section 58-3-400. The State Ethics Commission is responsible for enforcement and administration of those rules pursuant to Section 8-13-320. In addition, the commissioners shall comply with the requirements of the State Ethics Act, Chapter 13 of Title 8. The commissioners must attend a workshop within six weeks of being elected concerning the Code of Judicial Conduct and the State Ethics Act. In enforcing the provisions of this section, the State Ethics Commission shall follow the procedures set forth in Rule 502 of the South Carolina Appellate Court Rules.
(B) Each year, the commissioners and their employees must attend a workshop of at least six contact hours concerning ethics and the Administrative Procedures Act."
SECTION 3. Chapter 3, Title 58 of the 1976 Code is amended by adding:
"Section 58-3-65. (A) For purposes of this chapter, the term 'proceeding' means the same as defined in Section 58-3-400(A)(1).
(B) There is established in the Public Service Commission an advisory staff and an advocacy staff. Each staff shall consist of legal, professional, administrative, technical, and clerical personnel necessary for the respective staff to perform its obligations as described in this section.
(C)(1) The advocacy staff shall represent the public interest of South Carolina before the commission. For purposes of this chapter, 'public interest' means:
(a) concerns of the public users and consumers of public utility services, regardless of the class of customer;
(b) economic development and job attraction and retention in South Carolina; or
(c) preservation of the financial integrity of the state's public utilities and the continued investment in and maintenance of utility facilities.
(2) The advocacy staff may intervene and be a party of record in a proceeding before the commission.
(3) The director of the advocacy staff shall be appointed by a committee consisting of five members, one of whom must be appointed by the Speaker of the House of Representatives from the membership of the House, one of whom must be appointed by the Speaker of the House of Representatives from the general public, one of whom must be appointed by the President Pro Tempore of the Senate from the membership of the Senate, one of whom must be appointed by the President Pro Tempore of the Senate from the general public and one of whom must be appointed by the Governor who shall chair the committee.
The members of the committee shall serve at the pleasure of their appointing authority and shall be a continuing body. After appointing the director of the advocacy staff and approving the director's initial compensation, the committee shall conduct an annual performance review of the director.
The director of the advocacy staff is solely responsible for supervision, direction, and control of the advocacy staff. The salary of the director of the advocacy staff shall be established in the same manner as are other salaries at the commission, subject to the approval of the five-member committee.
(D) The advisory staff shall provide research and technical support to the commission and advice and recommendations to the commission on all matters. The commission shall hire a director of the advisory staff who is solely responsible for supervision, direction, and control of the advisory staff.
(E) In addition to his other responsibilities, the executive director of the commission shall:
(1) ensure all pleadings filed with the commission are processed in compliance with the commission's approved policy and procedures manual;
(2) ensure all notices related to filings are prepared in compliance with the commission's approved policy and procedures manual;
(3) coordinate the scheduling of all hearing dates.
(F) All expenses associated with the advisory staff and the advocacy staff are expenses of the Public Service Commission and must be borne by the public utilities pursuant to Section 58-3-100."
SECTION 4. Chapter 3, Title 58 of the 1976 Code is amended by adding:
"Section 58-3-400. (A) Except as provided in subsection (B), a commissioner or member of the advisory staff may not communicate, directly or indirectly, with a person and a person may not communicate, directly or indirectly, with a commissioner or member of the advisory staff regarding an issue in a proceeding pending before the commission without first providing reasonable notice and an opportunity for all parties to participate in the communication. For the purposes of this section:
(1) 'Proceeding' means a contested case to be adjudicated, decided, arbitrated, or promulgated by the commission.
(2) 'Person' means a party to a proceeding pending before the commission, a member of the advocacy staff, the executive director, a representative of a party to a proceeding pending before the commission, individuals, corporations, partnerships, limited liability companies, members of state government, and public and elected officials.
(B) Notwithstanding the provisions of subsection (A), a commissioner or a member of the advisory staff may communicate with other commissioners and other members of the advisory staff regarding matters and proceedings pending before the commission.
(C) During the ninety-day period immediately preceding the filing with the commission of any pleadings, applications, or other documents that initiate a proceeding before the commission, a person who is aware that such a proceeding is to be initiated may not communicate, directly or indirectly, with a commissioner or member of the advisory staff regarding an issue involved in the proceeding. If a prohibited communication is made during that time, the commissioner or member of the advisory staff shall disclose the communication in the manner provided in subsection (D); except that a commissioner or member of the advisory staff may communicate, directly or indirectly, with a person regarding any fact, law, or other matter that is or may become an issue in a proceeding before the commission for the purposes of an educational briefing by the person if all members of the commission, all members of the advisory staff, all members of the advocacy staff, and all parties are invited to attend the briefing through the issuance of a Formal Notice of Briefing. Notice of the briefing must be published on the commission's website ten days before the educational briefing.
(D)(1) If a commissioner or member of the advisory staff makes or receives a communication in violation of this section, he must place the following on the record of the proceeding:
(a) the substance of the prohibited communication;
(b) all written or electronic documentation of the prohibited communication;
(c) the identity of each person who participated in the prohibited communication;
(d) the date and time of the communication.
(2) The commission or member of the advisory staff also shall advise all parties that these matters have been placed on the record pursuant to item (1). Within ten days after receipt of notice of the prohibited communication, a person who desires to rebut the content of the prohibited communication must request and be granted the opportunity to rebut its contents on the record of the proceeding.
(E) If necessary to eliminate the effect of a prohibited communication received in violation of this section, a commissioner or member of the advisory staff who receives the prohibited communication may be prohibited from participating in the proceeding by the chairman or by the commissioners upon a majority vote of those present and voting and the portions of the record pertaining to the prohibited communication may be sealed by protective order.
(F) A commissioner or member of the advisory staff, member of the advocacy staff, party, or other person must report a wilful violation or repeated nonwilful violations of this section by a commissioner, a member of the advisory staff, a member of the advocacy staff, or the executive director to the State Ethics Commission for disciplinary proceedings or action provided by law. In enforcing the provisions of this section, the State Ethics Commission shall follow the procedures set forth in Rule 502 of the South Carolina Appellate Court Rules.
(G) A person who wilfully violates this section may be fined by the State Ethics Commission not more than one thousand dollars.
(H) This section does not prohibit communication by the executive director of the commission with commissioners on administrative matters.
(I) In addition to all other penalties or sanctions authorized by this section, the violation or the appearance of violating the prohibitions against ex parte communications contained in this section by any candidate for election or reelection to the commission after 2003 must be considered by the joint screening committee when determining the qualifications of candidates in those elections."
SECTION 5. Section 58-3-20 of the 1976 Code, as last amended by Act 493 of 1994, is further amended to read:
"Section 58-3-20. (A) The Public Service Commission shall be is composed of seven members to be elected by the General Assembly in the manner prescribed by this chapter for terms of four years and until their successors are elected and qualify. For an election for a term beginning after June 30, 2004, the elected members shall have a high school degree or equivalent.
(B) In screening persons for election to the Public Service Commission for a term beginning after June 30, 2004, the joint committee shall consider the knowledge and experience of the appointees in the following fields:
(1) energy issues;
(2) telecommunication issues;
(3) consumer protection and advocacy issues;
(4) water and wastewater issues;
(5) finance, economics, and statistics;
(6) accounting;
(7) engineering;
(8) law; or
(9) business operation or administration.
(C) Beginning in 2003, the members of the Public Service Commission must be elected to staggered terms. In 2003, the members representing the second, fourth, and sixth congressional districts must be elected for five-year terms, ending in 2008 and until their successors are elected and qualified. In 2003, the members representing the first, third, and fifth congressional districts and the state at large must be elected for three-year terms, ending in 2006 and until their successors are elected and qualified. After that, members are elected for terms of four years and until their successors are elected and qualified.
(D) The General Assembly shall must provide for the election of the seven member seven-member commission and elect its members thereto based upon the congressional districts established by the General Assembly. The elections held in 2003 must be based on the congressional districts established pursuant to the official United States Census of 1990 2000. The elections held after 2003 must be based on the congressional districts established pursuant to the latest official United States Decennial Census. If the number of congressional districts is less than seven, additional members shall must be elected at large to provide for a seven member seven-member commission."
SECTION 6. A. "Section 58-3-24. (A) After January 1, 1981, no A member of the General Assembly shall must not be elected to the Public Service Commission while that person the member is serving in the General Assembly; nor shall that person the member of the General Assembly be elected to the Public Service Commission for a period of four years after he the member either:
(1) ceases to be a member of the General Assembly; or
(2) fails to file for election to the General Assembly in accordance with Section 7-11-15.
(B) No 'family member' as this term is defined in Section 2-17-10(6) of a person serving in the General Assembly may be elected to the Public Service Commission. This prohibition also continues for a period of one year after that person ceases to be a member of the General Assembly."
B. Subsection (B) applies to terms of office that begin after June 30, 2004.
SECTION 7. (A) The members of the Public Service Commission elected in 2003 shall take the oath of office required by Section 58-3-30 of the 1976 Code within three days after certification of their election, Sundays excepted.
(B) Any member elected at the 2003 election is considered eligible for reelection notwithstanding any other provision of this act.
(C) Notwithstanding any other provision of law, candidates for election to the Public Service Commission in 2003, within five days after the effective date of this section, must file a Statement of Economic Interest with the State Ethics Commission. The Statement of Economic Interest must also contain a supplemental statement showing all contributions from any person in any amount to support his candidacy for election to the commission in 2002 or 2003.
SECTION 8. Section 8-13-930 of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"Section 8-13-930. No A candidate for an office elected by the General Assembly may not seek directly or indirectly the pledge of a member of the General Assembly's vote until the qualifications of all candidates for that office have been determined by the appropriate joint committee to review candidates for that office and until the joint committee has formally released its report as to the qualifications of its nominees to the General Assembly. No A member of the General Assembly may not offer a pledge until the qualifications of all candidates for that office have been determined by the appropriate joint committee to review candidates for that office and until the joint committee has formally released its report as to the qualifications of its nominees to the General Assembly. The formal release of the report of qualifications shall occur no earlier than forty-eight hours after the nominees have been initially released to members of the General Assembly."
SECTION 9. Section 58-3-60 of the 1976 Code is repealed.
SECTION 10. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 11. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. SHEHEEN explained the amendment.
Rep. SANDIFER raised the Point of Order that Amendment No. 12 was out of order under Rule 9.3 in that it was not germane to the Bill.
Rep. SHEHEEN argued contra.
SPEAKER WILKINS stated that Amendment No. 12 related to reformation of the Public Service Commission and was germane to the Bill. He therefore overruled the Point of Order.
Rep. J. E. SMITH spoke in favor of the amendment.
Rep. J. E. SMITH moved to table the amendment, which was agreed to.
Rep. E. H. PITTS proposed the following Amendment No. 14 (Doc Name COUNCIL\DKA\3274DW03), which was tabled:
Amend the bill, as and if amended, by deleting SECTION 6 in its entirety and inserting:
/ SECTION 6. A. Section 58-3-24 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 58-3-24. (A) After January 1, 1981, no A member of the General Assembly shall must not be elected to the Public Service Commission while that person the member is serving in the General Assembly; nor shall that person the member of the General Assembly be elected to the Public Service Commission for a period of four years after he the member either:
(1) ceases to be a member of the General Assembly; or
(2) fails to file for election to the General Assembly in accordance with Section 7-11-15.
(B) No 'family member' as this term is defined in Section 2-17-10(6) of a person serving in the General Assembly may be elected to the Public Service Commission. This prohibition also continues for a period of one year after that person ceases to be a member of the General Assembly."
B. This section takes effect upon approval of the Governor and applies to elections for terms beginning after June 30, 2004.
C. The provisions of Section 58-3-24(B) of the 1976 Code as amended in subsection A. of this section do not apply to those persons currently serving on the Public Service Commission or who have filed for a seat on the commission as of February 1, 2003. /
Renumber sections to conform.
Amend title to conform.
Rep. E. H. PITTS explained the amendment.
Rep. CATO moved to table the amendment.
Rep. KIRSH demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Altman Bingham Cato Ceips Chellis Clark Clemmons Coates Coleman Cooper Cotty Delleney Duncan Edge Gilham Hagood Harrell Harrison Hayes Herbkersman Hinson Huggins Keegan Leach Limehouse Loftis Lucas Mahaffey Martin McCraw McGee Moody-Lawrence Neilson Owens Perry Phillips Quinn Rice Sandifer Scarborough Simrill Skelton D. C. Smith F. N. Smith J. R. Smith Talley Taylor Thompson Toole Townsend Tripp Trotter Umphlett Viers White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Anthony Bailey Bales Battle Bowers Branham Breeland G. Brown R. Brown Cobb-Hunter Davenport Freeman Frye Gourdine J. Hines M. Hines Hosey Jennings Kirsh Koon Littlejohn Lourie Mack McLeod Merrill Miller J. H. Neal J. M. Neal Ott Parks Pinson E. H. Pitts M. A. Pitts Rhoad Rivers Scott Sheheen Sinclair G. M. Smith J. E. Smith Snow Stille Weeks
So, the amendment was tabled.
Rep. JENNINGS proposed the following Amendment No. 15 (Doc Name COUNCIL\PT\1308MM03), which was tabled:
Amend the bill, as and if amended, Section 58-3-20(A) as contained in SECTION 5, by deleting the subsection in its entirety and inserting:
/ (A)(1) The Public Service Commission shall be is composed of seven members to be elected by the General Assembly in the manner prescribed by this chapter for terms of four years and until their successors are elected and qualify.
(2) A person is not eligible to hold the office of Public Service Commissioner who at the time of his appointment has not received a high school diploma or its equivalent educational training as recognized by the State Department of Education.
(3) Notwithstanding the educational qualifications required in item (2), which was tabled:
(a) After June 30, 2004, a person is not eligible for an initial appointment to hold the office of Public Service Commissioner who at the time of his appointment has not received a two-year associate degree;
(b) After June 30, 2008, a person is not eligible for an initial appointment to hold the office of magistrate who at the time of his appointment has not received a four-year baccalaureate degree. /
Renumber sections to conform.
Amend title to conform.
Rep. JENNINGS explained the amendment.
Rep. SANDIFER spoke against the amendment.
Rep. SANDIFER continued speaking.
Rep. SKELTON spoke in favor of the amendment.
Rep. SIMRILL spoke against the amendment.
Rep. RHOAD spoke upon the amendment.
Rep. CATO 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:
Allen Altman Anthony Bailey Barfield Bingham Bowers Cato Ceips Chellis Clemmons Coates Cooper Dantzler Duncan Edge Frye Gilham Hamilton Harrell Harrison Haskins Herbkersman Hinson Huggins Keegan Koon Leach Lee Limehouse Littlejohn Loftis Lucas Mack Mahaffey McCraw McGee Merrill Neilson Perry Phillips Pinson E. H. Pitts M. A. Pitts Quinn Rice Sandifer Scarborough D. C. Smith F. N. Smith G. M. Smith J. R. Smith W. D. Smith Stille Talley Taylor Thompson Toole Townsend Trotter Umphlett Vaughn Viers Weeks White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Bales Battle Branham Breeland G. Brown J. Brown R. Brown Clark Cobb-Hunter Coleman Cotty Davenport Delleney Freeman Gourdine Govan Hagood Hayes J. Hines M. Hines Hosey Howard Jennings Kirsh Lloyd Lourie McLeod Miller Moody-Lawrence J. H. Neal J. M. Neal Ott Owens Parks Rivers Rutherford Scott Sheheen Sinclair Skelton J. E. Smith Tripp Whipper
So, the amendment was tabled.
I voted in favor of tabling Amendment No. 15. My vote was not tabulated.
Rep. Gary Simrill
Reps. J. E. SMITH, SHEHEEN and BALES proposed the following Amendment No. 16 (Doc Name COUNCIL\PT\1318MM03), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting clause and inserting:
/ SECTION 1. Chapter 3, Title 58 of the 1976 Code is amended by adding:
"Section 58-3-27. (A) Unless otherwise provided by law, a person may not serve as a member of the Public Service Commission if the Public Service Commission regulates a business with which that person is associated as defined in Section 8-13-100.
(B) If the Public Service Commission regulates a business with which an employee of the Public Service Commission is associated, the employee annually must file a statement of economic interests, notwithstanding the provisions of Section 8-13-1110.
(C) A person may not be an employee of the Public Service Commission if the commission regulates a business with which he is associated and this relationship creates a continuing or frequent conflict with the performance of his official responsibilities."
SECTION 2. Chapter 3, Title 58 of the 1976 Code is amended by adding:
"Section 58-3-35. (A) The commissioners are bound by the Code of Judicial Conduct as contained in Rule 501 of the South Carolina Appellate Court Rules as applicable, except as provided in Section 58-3-400. The State Ethics Commission is responsible for enforcement and administration of those rules pursuant to Section 8-13-320. In addition, the commissioners shall comply with the requirements of the State Ethics Act, Chapter 13 of Title 8. The commissioners must attend a workshop within six weeks of being elected concerning the Code of Judicial Conduct and the State Ethics Act. In enforcing the provisions of this section, the State Ethics Commission shall follow the procedures set forth in Rule 502 of the South Carolina Appellate Court Rules.
(B) Each year, the commissioners and their employees must attend a workshop of at least six contact hours concerning ethics and the Administrative Procedures Act."
SECTION 3. Chapter 3, Title 58 of the 1976 Code is amended by adding:
"Section 58-3-65. (A) For purposes of this chapter, the term 'proceeding' means the same as defined in Section 58-3-400(A)(1).
(B) There is established in the Public Service Commission an advisory staff and an advocacy staff. Each staff shall consist of legal, professional, administrative, technical, and clerical personnel necessary for the respective staff to perform its obligations as described in this section.
(C)(1) The advocacy staff shall represent the public interest of South Carolina before the commission. For purposes of this chapter, 'public interest' means:
(a) concerns of the public users and consumers of public utility services, regardless of the class of customer;
(b) economic development and job attraction and retention in South Carolina; or
(c) preservation of the financial integrity of the state's public utilities and the continued investment in and maintenance of utility facilities.
(2) The advocacy staff may intervene and be a party of record in a proceeding before the commission.
(3) The director of the advocacy staff shall be appointed by a committee consisting of five members, one of whom must be appointed by the Speaker of the House of Representatives from the membership of the House, one of whom must be appointed by the Speaker of the House of Representatives from the general public, one of whom must be appointed by the President Pro Tempore of the Senate from the membership of the Senate, one of whom must be appointed by the President Pro Tempore of the Senate from the general public and one of whom must be appointed by the Governor who shall chair the committee.
The members of the committee shall serve at the pleasure of their appointing authority and shall be a continuing body. After appointing the director of the advocacy staff and approving the director's initial compensation, the committee shall conduct an annual performance review of the director.
The director of the advocacy staff is solely responsible for supervision, direction, and control of the advocacy staff. The salary of the director of the advocacy staff shall be established in the same manner as are other salaries at the commission, subject to the approval of the five-member committee.
(D) The advisory staff shall provide research and technical support to the commission and advice and recommendations to the commission on all matters. The commission shall hire a director of the advisory staff who is solely responsible for supervision, direction, and control of the advisory staff.
(E) In addition to his other responsibilities, the executive director of the commission shall:
(1) ensure all pleadings filed with the commission are processed in compliance with the commission's approved policy and procedures manual;
(2) ensure all notices related to filings are prepared in compliance with the commission's approved policy and procedures manual;
(3) coordinate the scheduling of all hearing dates.
(F) All expenses associated with the advisory staff and the advocacy staff are expenses of the Public Service Commission and must be borne by the public utilities pursuant to Section 58-3-100."
SECTION 4. Chapter 3, Title 58 of the 1976 Code is amended by adding:
"Section 58-3-400. (A) Except as provided in subsection (B), a commissioner or member of the advisory staff may not communicate, directly or indirectly, with a person and a person may not communicate, directly or indirectly, with a commissioner or member of the advisory staff regarding an issue in a proceeding pending before the commission without first providing reasonable notice and an opportunity for all parties to participate in the communication. For the purposes of this section:
(1) 'Proceeding' means a contested case to be adjudicated, decided, arbitrated, or promulgated by the commission.
(2) 'Person' means a party to a proceeding pending before the commission, a member of the advocacy staff, the executive director, a representative of a party to a proceeding pending before the commission, individuals, corporations, partnerships, limited liability companies, members of state government, and public and elected officials.
(B) Notwithstanding the provisions of subsection (A), a commissioner or a member of the advisory staff may communicate with other commissioners and other members of the advisory staff regarding matters and proceedings pending before the commission.
(C) During the ninety-day period immediately preceding the filing with the commission of any pleadings, applications, or other documents that initiate a proceeding before the commission, a person who is aware that such a proceeding is to be initiated may not communicate, directly or indirectly, with a commissioner or member of the advisory staff regarding an issue involved in the proceeding. If a prohibited communication is made during that time, the commissioner or member of the advisory staff shall disclose the communication in the manner provided in subsection (D); except that a commissioner or member of the advisory staff may communicate, directly or indirectly, with a person regarding any fact, law, or other matter that is or may become an issue in a proceeding before the commission for the purposes of an educational briefing by the person if all members of the commission, all members of the advisory staff, all members of the advocacy staff, and all parties are invited to attend the briefing through the issuance of a Formal Notice of Briefing. Notice of the briefing must be published on the commission's website ten days before the educational briefing.
(D)(1) If a commissioner or member of the advisory staff makes or receives a communication in violation of this section, he must place the following on the record of the proceeding:
(a) the substance of the prohibited communication;
(b) all written or electronic documentation of the prohibited communication;
(c) the identity of each person who participated in the prohibited communication;
(d) the date and time of the communication.
(2) The commission or member of the advisory staff also shall advise all parties that these matters have been placed on the record pursuant to item (1). Within ten days after receipt of notice of the prohibited communication, a person who desires to rebut the content of the prohibited communication must request and be granted the opportunity to rebut its contents on the record of the proceeding.
(E) If necessary to eliminate the effect of a prohibited communication received in violation of this section, a commissioner or member of the advisory staff who receives the prohibited communication may be prohibited from participating in the proceeding by the chairman or by the commissioners upon a majority vote of those present and voting and the portions of the record pertaining to the prohibited communication may be sealed by protective order.
(F) A commissioner or member of the advisory staff, member of the advocacy staff, party, or other person must report a wilful violation or repeated nonwilful violations of this section by a commissioner, a member of the advisory staff, a member of the advocacy staff, or the executive director to the State Ethics Commission for disciplinary proceedings or action provided by law. In enforcing the provisions of this section, the State Ethics Commission shall follow the procedures set forth in Rule 502 of the South Carolina Appellate Court Rules.
(G) A person who wilfully violates this section may be fined by the State Ethics Commission not more than one thousand dollars.
(H) This section does not prohibit communication by the executive director of the commission with commissioners on administrative matters.
(I) In addition to all other penalties or sanctions authorized by this section, the violation or the appearance of violating the prohibitions against ex parte communications contained in this section by any candidate for election or reelection to the commission after 2003 must be considered by the joint screening committee when determining the qualifications of candidates in those elections."
SECTION 5. Section 58-3-20 of the 1976 Code, as last amended by Act 493 of 1994, is further amended to read:
"Section 58-3-20. (A) The Public Service Commission shall be is composed of seven members to be elected by the General Assembly in the manner prescribed by this chapter for terms of four years and until their successors are elected and qualify. For an election for a term beginning after June 30, 2004, the elected members shall have a high school degree or equivalent.
(B) In screening persons for election to the Public Service Commission for a term beginning after June 30, 2004, the joint committee shall consider the knowledge and experience of the appointees in the following fields:
(1) energy issues;
(2) telecommunication issues;
(3) consumer protection and advocacy issues;
(4) water and wastewater issues;
(5) finance, economics, and statistics;
(6) accounting;
(7) engineering;
(8) law; or
(9) business operation or administration.
(C) Beginning in 2003, the members of the Public Service Commission must be elected to staggered terms. In 2003, the members representing the second, fourth, and sixth congressional districts must be elected for five-year terms, ending in 2008 and until their successors are elected and qualified. In 2003, the members representing the first, third, and fifth congressional districts and the state at large must be elected for three-year terms, ending in 2006 and until their successors are elected and qualified. After that, members are elected for terms of four years and until their successors are elected and qualified.
(D) The General Assembly shall must provide for the election of the seven member seven-member commission and elect its members thereto based upon the congressional districts established by the General Assembly. The elections held in 2003 must be based on the congressional districts established pursuant to the official United States Census of 1990 2000. The elections held after 2003 must be based on the congressional districts established pursuant to the latest official United States Decennial Census. If the number of congressional districts is less than seven, additional members shall must be elected at large to provide for a seven member seven-member commission."
SECTION 6. "Section 58-3-24. (A) After January 1, 1981, no A member of the General Assembly shall must not be elected to the Public Service Commission while that person the member is serving in the General Assembly; nor shall that person the member of the General Assembly be elected to the Public Service Commission for a period of four years after he the member either:
(1) ceases to be a member of the General Assembly; or
(2) fails to file for election to the General Assembly in accordance with Section 7-11-15.
(B) No 'family member' as this term is defined in Section 2-17-10(6) of a person serving in the General Assembly may be elected to the Public Service Commission.
(C) The Prohibition and limitation in subsection (B) applies to a family member who is elected to any state, board, commission, committee, judgeship, or another office in which the seat is filled by way of an election held in the General Assembly for a term beginning after June 30, 2004."
SECTION 7. (A) The members of the Public Service Commission elected in 2003 shall take the oath of office required by Section 58-3-30 of the 1976 Code within three days after certification of their election, Sundays excepted.
(B) Any member elected at the 2003 election is considered eligible for reelection notwithstanding any other provision of this act.
(C) Notwithstanding any other provision of law, candidates for election to the Public Service Commission in 2003, within five days after the effective date of this section, must file a Statement of Economic Interest with the State Ethics Commission. The Statement of Economic Interest must also contain a supplemental statement showing all contributions from any person in any amount to support his candidacy for election to the commission in 2002 or 2003.
SECTION 8. Section 8-13-930 of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"Section 8-13-930. No A candidate for an office elected by the General Assembly may not seek directly or indirectly the pledge of a member of the General Assembly's vote until the qualifications of all candidates for that office have been determined by the appropriate joint committee to review candidates for that office and until the joint committee has formally released its report as to the qualifications of its nominees to the General Assembly. No A member of the General Assembly may not offer a pledge until the qualifications of all candidates for that office have been determined by the appropriate joint committee to review candidates for that office and until the joint committee has formally released its report as to the qualifications of its nominees to the General Assembly. The formal release of the report of qualifications shall occur no earlier than forty-eight hours after the nominees have been initially released to members of the General Assembly."
SECTION 9. Section 58-3-60 of the 1976 Code is repealed.
SECTION 10. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 11. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. SHEHEEN explained the amendment.
Rep. SANDIFER moved to table the amendment.
Rep. SHEHEEN demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Altman Bailey Barfield Bingham Bowers Cato Ceips Chellis Clemmons Coates Cooper Cotty Dantzler Delleney Duncan Edge Frye Gilham Hamilton Harrell Harrison Haskins Herbkersman Hinson Huggins Keegan Leach Lee Limehouse Loftis Lucas Mahaffey Martin McCraw McGee Moody-Lawrence Owens Perry Pinson M. A. Pitts Quinn Rice Sandifer Scarborough Simrill Skelton D. C. Smith J. R. Smith W. D. Smith Stille Taylor Thompson Toole Townsend Tripp Trotter Umphlett Vaughn Viers White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Bales Battle Branham Breeland G. Brown J. Brown Clark Cobb-Hunter Coleman Davenport Freeman Gourdine Govan Hagood J. Hines M. Hines Hosey Howard Jennings Kirsh Koon Littlejohn Lloyd Lourie McLeod Merrill J. H. Neal Neilson Ott Parks Phillips E. H. Pitts Rivers Scott Sheheen Sinclair G. M. Smith J. E. Smith Snow Talley Walker Weeks Whipper
So, the amendment was tabled.
Rep. MOODY-LAWRENCE proposed the following Amendment No. 17 (Doc Name COUNCIL\DKA\3275DW03), which was adopted:
Amend the bill, as and if amended, Section 58-3-24, SECTION 6, page [3530-7], by inserting after / Section 58-3-24./ on line 11 / (A) /
Amend further, Section 58-3-24, SECTION 1, page [3530-7], by inserting a new subsection after line 19 to read:
/ (B) If a family member, as defined in Section 2-17-10(6), runs for an office which is elected by the General Assembly, the member of the General Assembly related to the family member shall abstain from voting for that person. /
Renumber sections to conform.
Amend title to conform.
Rep. MOODY-LAWRENCE explained the amendment.
Rep. MERRILL 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:
Delleney Koon Merrill E. H. Pitts
Those who voted in the negative are:
Allen Altman Bailey Bales Barfield Battle Bingham Bowers Branham Breeland G. Brown J. Brown Cato Ceips Chellis Clark Clemmons Coates Cobb-Hunter Coleman Dantzler Davenport Duncan Edge Freeman Frye Gilham Gourdine Govan Hagood Hamilton Harrison Haskins Herbkersman J. Hines M. Hines Hinson Hosey Howard Huggins Keegan Kirsh Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack Mahaffey Martin McCraw McGee McLeod Miller Moody-Lawrence J. H. Neal Neilson Ott Owens Parks Perry Phillips Pinson M. A. Pitts Quinn Rhoad Rice Rivers Sandifer Scarborough Scott Sheheen Simrill Sinclair Skelton D. C. Smith F. N. Smith G. M. Smith J. E. Smith J. R. Smith Snow Stille Talley Taylor Thompson Toole Townsend Tripp Trotter Umphlett Vaughn Viers Weeks Whipper White Whitmire Wilkins Witherspoon Young
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\ 20213SD03), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 3, Title 58 of the 1976 Code is amended by adding:
"Section 58-3-27. (A) Unless otherwise provided by law, a person may not serve as a member of the Public Service Commission if the Public Service Commission regulates a business with which that person is associated as defined in Section 8-13-100.
(B) If the Public Service Commission regulates a business with which an employee of the Public Service Commission is associated, the employee annually must file a statement of economic interests, notwithstanding the provisions of Section 8-13-1110.
(C) A person may not be an employee of the Public Service Commission if the commission regulates a business with which he is associated and this relationship creates a continuing or frequent conflict with the performance of his official responsibilities."
SECTION 2. Chapter 3, Title 58 of the 1976 Code is amended by adding:
"Section 58-3-35. (A) The commissioners are bound by the Code of Judicial Conduct as contained in Rule 501 of the South Carolina Appellate Court Rules as applicable, except as provided in Section 58-3-400. The State Ethics Commission is responsible for enforcement and administration of those rules pursuant to Section 8-13-320. In addition, the commissioners shall comply with the requirements of the State Ethics Act, Chapter 13 of Title 8. The commissioners must attend a workshop within six weeks of being elected concerning the Code of Judicial Conduct and the State Ethics Act.
(B) Each year, the commissioners and their employees must attend a workshop of at least six contact hours concerning ethics and the Administrative Procedures Act."
SECTION 3. Chapter 3, Title 58 of the 1976 Code is amended by adding:
"Section 58-3-65. (A) For purposes of this chapter, the term 'proceeding' means the same as defined in Section 58-3-400(A)(1).
(B) There is established in the Public Service Commission an advisory staff and an advocacy staff. Each staff shall consist of legal, professional, administrative, technical, and clerical personnel necessary for the respective staff to perform its obligations as described in this section.
(C)(1) The advocacy staff shall:
(a) provide legal representation of the public interest before the state regulatory agencies that fix rates or prices for consumer products or services under Title 58 or enact regulations or establish policies related to that interest;
(b) monitor existing regulations, rate structures, and policies of special interest to consumers and report to the public through the news media proposed changes under consideration and the effect of those changes on the lives of the citizens of the State; and
(c) evaluate and act upon requests from consumers concerning the matters set forth in subitems (a) and (b) except that proceedings initiated by the advocacy staff must be brought on behalf of the public at large and not for individuals. Initiation or continuation of a proceeding is at the sole discretion of the advocacy staff.
(2) The advocacy staff also shall represent the public interest of South Carolina before the commission. For purposes of this chapter, 'public interest' means:
(a) concerns of the public users and consumers of public utility services, regardless of the class of customer;
(b) economic development and job attraction and retention in South Carolina; or
(c) preservation of the financial integrity of the State's public utilities and the continued investment in and maintenance of utility facilities.
(3) If the advocacy staff determines that it is in the interest of consumers affected by the commission, it may file with the commission a petition requesting the commission to commence or complete a proceeding respecting an organization whose operations substantially affect the consumer interest. The petition must state facts that claim to establish the need for the proceeding and a brief description of the substance of the order or amendment desired as a result of the proceeding. Within sixty days after the filing of the petition, the commission must either grant or deny the petition. If the commission grants the petition, it promptly must commence or complete the proceeding, as requested by the petition. If the commission denies the petition it must publish the reasons for the denial. If the commission denies the petition made pursuant to this section or if it fails to grant or deny the petition within sixty days, the advocacy staff may commence a civil action in the circuit court to compel the commission to commence or complete the proceeding as requested in the petition. The action may be filed by the advocacy staff thirty days after the denial of the petition or, if the commission fails to grant or deny the petition within sixty days, within thirty days after the expiration of the sixty-day period. If the petitioner demonstrates to the satisfaction of the court that the failure of the commission to commence or complete the proceeding as requested in the petition was unreasonable, the court shall order the commission to commence or complete the proceeding as requested in the petition. In an action pursuant to this section, the court may not compel the commission to take action other than the commencement or completion of a proceeding. The remedies pursuant to this subsection are in addition to and not instead of other remedies provided by law. The advocacy staff is a party in interest for purposes of Section 58-27-310.
(4) The administrator shall hire a director of the advocacy staff who is solely responsible for supervision, direction, and control of the advocacy staff.
(5) The advocacy staff may intervene and be a party of record in a proceeding before the commission.
(D) The advisory staff shall provide research and technical support to the commission and advice and recommendations to the commission on all matters. The commission shall hire a director of the advisory staff who is solely responsible for supervision, direction, and control of the advisory staff.
(E) The commission shall hire an administrator who shall:
(1) insure all pleadings filed with the commission are processed in compliance with the commission's approved policy and procedures manual;
(2) insure all notices related to filings are prepared in compliance with the commission's approved policy and procedures manual;
(3) coordinate the scheduling of all hearing dates.
(F) All expenses associated with the advisory staff and the advocacy staff are expenses of the Public Service Commission and must be borne by the public utilities pursuant to Section 58-3-100."
SECTION 4. Chapter 3, Title 58 of the 1976 Code is amended by adding:
"Section 58-3-400. (A) Except as provided in subsection (B), a commissioner or member of the advisory staff may not communicate directly or indirectly with a person and a person may not communicate directly or indirectly with a commissioner or member of the advisory staff regarding an issue in a proceeding pending before the commission without first providing reasonable notice and an opportunity for all parties to participate in the communication. For the purposes of this section:
(1) 'Proceeding' means a contested case to be adjudicated, decided, arbitrated, or promulgated by the commission.
(2) 'Person' means a party to a proceeding pending before the commission, a member of the advocacy staff, the administrator, a representative of a party to a proceeding pending before the commission, individuals, corporations, partnerships, limited liability companies, members of state government, public and elected officials, and other persons or entities.
(B) Notwithstanding the provisions of subsection (A), a commissioner or a member of the advisory staff may communicate with other commissioners and other members of the advisory staff regarding matters and proceedings pending before the commission.
(C) During the ninety-day period immediately preceding the filing with the commission of any pleadings, applications, or other documents that initiate a proceeding before the commission, a person who is aware that such a proceeding is to be initiated may not communicate, directly or indirectly, with a commissioner or member of the advisory staff regarding an issue involved in the proceeding. If a prohibited communication is made during that time, the commissioner or member of the advisory staff shall disclose the communication in the manner provided in subsection (D); except that a commissioner or member of the advisory staff may communicate, directly or indirectly, with a person regarding any fact, law, or other matter that is or may become an issue in a proceeding before the commission for the purposes of an educational briefing by the person if all members of the commission, all members of the advisory staff, all members of the advocacy staff, and all parties are invited to attend the briefing through the issuance of a Formal Notice of Briefing. Notice of the briefing must be published on the commission's website ten days before the educational briefing.
(D)(1) If a commissioner or member of the advisory staff makes or receives a communication in violation of this section he must place the following on the record of the proceeding:
(a) the substance of the prohibited communication;
(b) all written or electronic documentation of the prohibited communication;
(c) the identity of each person who participated in the prohibited communication;
(d) the date and time of the communication.
(2) The commission or member of the advisory staff also shall advise all parties that these matters have been placed on the record pursuant to item (1). Within ten days after receipt of notice of the prohibited communication, a person who desires to rebut the content of the prohibited communication must request and be granted the opportunity to rebut its contents on the record of the proceeding.
(E) If necessary to eliminate the effect of a prohibited communication received in violation of this section, a commissioner or member of the advisory staff who receives the prohibited communication may be prohibited from participating in the proceeding by the chairman or by the commissioners upon a majority vote of those present and voting and the portions of the record pertaining to the prohibited communication may be sealed by protective order.
(F) A commissioner or member of the advisory staff, member of the advocacy staff, party, or other person must report a wilful violation or repeated nonwilful violations of this section by a commissioner, a member of the advisory staff, a member of the advocacy staff, or the administrator to the State Ethics Commission for disciplinary proceedings or action provided by law.
(G) A person who wilfully violates this section may be fined by the State Ethics Commission not more than one thousand dollars.
(H) This section does not prohibit communication by the administrator of the commission with commissioners on administrative matters."
SECTION 5. Section 58-3-20 of the 1976 Code, as last amended by Act 493 of 1994, is further amended to read:
"Section 58-3-20. (A) The Public Service Commission shall be is composed of seven members to be elected by the General Assembly in the manner prescribed by this chapter for terms of four years and until their successors are elected and qualify. For an election for a term beginning after June 30, 2004, the elected members shall have a high school degree or equivalent.
(B) In screening persons for election to the Public Service Commission for a term beginning after June 30, 2004, the joint committee shall consider the knowledge and experience of the appointees in the following fields:
(1) energy issues;
(2) telecommunication issues;
(3) consumer protection and advocacy issues;
(4) water and wastewater issues;
(5) finance and economics; or
(6) business operation or administration.
(C) Beginning in 2003, the members of the Public Service Commission must be elected to staggered terms. In 2003, the members representing the second, fourth, and sixth congressional districts must be elected for five-year terms, ending in 2008 and until their successors are elected and qualified. In 2003, the members representing the first, third, and fifth congressional districts and the state at large must be elected for three-year terms, ending in 2006 and until their successors are elected and qualified. After that, members are elected for terms of four years and until their successors are elected and qualified.
(D) The General Assembly shall must provide for the election of the seven member seven-member commission and elect its members thereto based upon the congressional districts established by the General Assembly. The elections held in 2003 must be based on the congressional districts established pursuant to the official United States Census of 1990 2000. The elections held after 2003 must be based on the congressional districts established pursuant to the latest official United States Decennial Census. If the number of congressional districts is less than seven, additional members shall must be elected at large to provide for a seven member seven-member commission."
SECTION 6. Section 58-3-24 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 58-3-24. After January 1, 1981, no A member of the General Assembly shall must not be elected to the Public Service Commission while that person the member is serving in the General Assembly; nor shall that person the member of the General Assembly be elected to the Public Service Commission for a period of four years one year after he the member either:
(1) ceases to be a member of the General Assembly; or
(2) fails to file for election to the General Assembly in accordance with Section 7-11-15."
SECTION 7. (A) The members of the Public Service Commission elected in 2003 shall take the oath of office required by Section 58-3-30 of the 1976 Code within three days after certification of their election, Sundays excepted.
(B) Any member elected at the 2003 election is considered eligible for reelection notwithstanding any other provision of this act.
SECTION 8. Part 6 of Chapter 6, Title 37 of the 1976 Code is amended to read:
Section 37-6-601. There is hereby created in the Department of Consumer Affairs the Division of Consumer Advocacy with duties and organizations as hereinafter provided.
Section 37-6-602. The consumer advocate may be the Administrator of Consumer Affairs or he may be appointed by the Administrator administrator with the approval of the Commission on Consumer Affairs. The consumer advocate shall must be an attorney qualified to practice in all courts of this State with a minimum of three years' practice experience.
Section 37-6-603. The Division of Consumer Advocacy shall must be staffed and equipped to perform the functions prescribed in Section 37-6-604. The expenses of the office shall must be paid from appropriations provided annually in the State General Appropriation Act.
Section 37-6-604. (A) The Except as provided in subsection (B), the functions and duties of the Division of Consumer Advocacy are:
(1) To to provide legal representation of the consumer interest before the state and federal regulatory agencies which undertake to fix rates or prices for consumer products or services or to enact regulations or establish policies related thereto and to provide legal representation of the consumer interest concerning Certificates of Need for health facilities and services, as required for an activity under Section 44-7-160, health care licensing procedures, and other health related-matters.
(2) To to monitor existing regulations, rate structures and policies of that agency of special interest to consumers and report to the public through the news media proposed changes therein under consideration and the effect of those changes on the lives of the citizens of the State.
(3) The annual report required of the Commission on Consumer Affairs must include a report on the activities of the Division of Consumer Advocacy.
(4) To to evaluate and act upon requests from consumers concerning the matters set forth in items (1) and (2) above, except that any proceedings initiated by the advocate must be brought on behalf of the public at large and not for individuals; initiation or continuation of any proceedings must be at the sole discretion of the consumer advocate.
The annual report required of the Commission on Consumer Affairs must include a report on the activities of the Division of Consumer Advocacy.
(B) After June 30, 2003, the division is not responsible for representing consumers in matters arising under Title 58, including matters pending before state or federal regulatory agencies or courts, with the exception of matters pending on June 30, 2003, or any appeals of those matters pending on June 30, 2003. Matters or appeals pending before state regulatory agencies on June 30, 2003 shall be handled by the Consumer Advocate until June 30, 2005, when responsibility for such matters shall be transferred to the advocacy staff of the Public Service Commission. Matters or appeals pending before federal regulatory agencies on June 30, 2003, shall be handled by the consumer advocate until June 30, 2005, when responsibility for such matters shall be transferred to the South Carolina Attorney General pursuant to Section 58-3-120.
Section 37-6-605. In the performance of his assigned functions the advocate shall must have reasonable access to records of all state agencies which are not classified by law as confidential, and all state agencies shall must cooperate with the advocate in the performance of his duties. In addition, the advocate shall must have reasonable access to confidential records and information, provided he enters a proprietary agreement to insure ensure their confidentiality. The South Carolina Department of Insurance and advocate also shall have access to records, information, and data of the insurance companies as well as all of their sister affiliates, subsidiaries, and parent companies. During the course of a rate making or other proceeding before the South Carolina Department of Insurance or the Public Service Commission, the Consumer Advocate, as a party of record, may request in writing, in addition to all other methods of discovery as provided by law for proceedings before the South Carolina Department of Insurance or the Public Service Commission, the issuance by the director of the Department of Insurance or the executive director of the Public Service Commission of an order compelling a witness or company to either produce or allow inspection of documentary evidence relevant to the matter before the South Carolina Department of Insurance or the Public Service Commission. If the executive director issues or refuses to issue the order, the aggrieved party may appeal to the full commission. The written request, in addition to showing a general relevance and reasonable scope of the evidence sought, must also specify with particularity the books, accounts, papers, records, or other materials of the business desired and the facts expected to be proved thereby. For good cause shown, in lieu of a written request, the request for such an order may be made orally upon the record to the presiding officer at the hearing. Any objections to the issuance of the order must be filed with the commission within three days of being notified of the written request or such the order. Any objections so filed must list the specific grounds for objection. The commission shall rule on the objections within ten days or the objection is denied.
Section 37-6-606. (1)(A) Whenever the advocate determines that it would be in the interest of consumers affected by regulatory agencies, he may file with the appropriate regulatory agency a petition requesting it to commence or complete a proceeding respecting any organization whose operations substantially affect the consumer interest.
(2)(B) The petition shall set forth must state facts which it is claimed claim to establish the need for the proceeding and a brief description of the substance of the order or amendment desired as a result of the hearing proceeding.
(3)(C) The regulatory agency may hold a public hearing or may conduct such investigation or proceeding as it deems considers appropriate in order to determine whether or not such the petition should be granted.
(4)(D) Within sixty days after the filing of the petition described in item (1) of this section subsection (A), the regulatory agency shall must either grant or deny the petition. If the agency grants the petition, it shall must promptly commence or complete the proceeding, as requested by the petition. If the agency denies the petition it shall must publish the reasons for such the denial.
(5)(E) If the regulatory agency denies the petition made under this section (or if it fails to grant or deny such the petition within sixty days), the petitioner may commence a civil action in the circuit court to compel the regulatory agency to commence or complete the proceeding as requested in the petition. Any such The action may be filed by the petitioner thirty days after the denial of the petition or, if the agency fails to grant or deny the petition within sixty days, within thirty days after the expiration of the sixty-day period.
(6)(F) If the petitioner can demonstrate demonstrates to the satisfaction of the court that the failure of the agency to commence or complete the proceeding as requested in the petition was unreasonable, the court shall must order the agency to commence or complete the proceeding as requested in the petition.
(7)(G) In any action under this section, the court shall have has no authority to compel the agency to take any action other than the commencement or completion of a proceeding.
(H) The remedies under this subsection shall be are in addition to and not in lieu of other remedies provided by law.
(I) After June 30, 2003, the division is not responsible for representing consumers in matters arising under Title 58, including matters pending before state or federal regulatory agencies or courts, with the exception of matters pending on June 30, 2003, or any appeals of those matters pending on June 30, 2003.
Section 37-6-607. (A) The advocate shall be deemed is considered to have an interest sufficient to maintain actions for judicial review and may, as of right, and in the manner prescribed by law, intervene or otherwise participate in any civil proceeding which involves the review or enforcement of an agency action that the consumer advocate determines may substantially affect the interests of consumers.
(B) After June 30, 2003, the division is not responsible for representing consumers in matters arising under Title 58, including matters pending before state or federal regulatory agencies or courts, with the exception of matters pending on June 30, 2003, or any appeals of those matters pending on June 30, 2003.
Section 37-6-608. (A) To the extent necessary to carry out the consumer advocacy responsibilities, the advocate may in addition to a regular staff, employ temporary, professional, technical, or research specialists to assist in preparing and presenting cases. The compensation paid to such persons may be commensurate with compensation generally paid by the regulated industry for such these specialists, but shall not exceed the appropriation made for such purposes.
(B) After June 30, 2003, the division is not responsible for representing consumers in matters arising under Title 58, including matters pending before state or federal regulatory agencies or courts, with the exception of matters pending on June 30, 2003, or any appeals of those matters pending on June 30, 2003.
Section 37-6-609. (A) Decisions of the Consumer Advocate consumer advocate respecting whether, when, or how to initiate, continue, or intervene in proceedings under Sections 37-6-601 to 37-6-608, shall must be in the sole discretion of the Consumer Advocate consumer advocate except as modified by order of a Court court of competent jurisdiction.
(B) After June 30, 2003, the division is not responsible for representing consumers in matters arising under Title 58, including matters pending before state or federal regulatory agencies or courts, with the exception of matters pending on June 30, 2003, or any appeals of those matters pending on June 30, 2003."
SECTION 9. Section 8-13-930 of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"Section 8-13-930. No A candidate for an office elected by the General Assembly may not seek directly or indirectly the pledge of a member of the General Assembly's vote until the qualifications of all candidates for that office have been determined by the appropriate joint committee to review candidates for that office and until the joint committee has formally released its report as to the qualifications of its nominees to the General Assembly. No A member of the General Assembly may not offer a pledge until the qualifications of all candidates for that office have been determined by the appropriate joint committee to review candidates for that office and until the joint committee has formally released its report as to the qualifications of its nominees to the General Assembly. The formal release of the report of qualifications shall occur no earlier than forty-eight hours after the nominees have been initially released to members of the General Assembly."
SECTION 10. Section 58-3-60 of the 1976 Code is repealed.
SECTION 11. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. CATO moved to table the amendment, which was agreed to.
Reps. J. E. SMITH and JENNINGS proposed the following Amendment No. 7 (Doc Name COUNCIL\PT\1305MM03), which was tabled:
Amend the bill, as and if amended, Section 53-3-20(A) and (B), as found in SECTION 5, by deleting all references to /2004/ and inserting / 2003 /
Amend the bill further, SECTION 7, by deleting the SECTION in its entirety and inserting:
/ SECTION 7. The members of the Public Service Commission elected in 2003 shall take the oath of office required by Section 58-3-30 of the 1976 Code within three days after certification of their election, Sundays excepted. /
Renumber sections to conform.
Amend title to conform.
Rep. J. E. SMITH moved to table the amendment, which was agreed to.
Rep. CATO gave notice of offering amendments on third reading if necessary, pursuant to Rule 9.2.
Rep. CATO explained the Bill.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Altman Bailey Bales Barfield Battle Bingham Bowers Branham Breeland G. Brown J. Brown Cato Ceips Chellis Clark Clemmons Coates Cobb-Hunter Cooper Cotty Dantzler Davenport Delleney Duncan Edge Emory Frye Gilham Gourdine Govan Hagood Hamilton Harrell Harrison Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hosey Howard Huggins Keegan Koon Leach Lee Limehouse Littlejohn Loftis Lourie Lucas Mahaffey Martin McCraw McGee McLeod Merrill Moody-Lawrence J. H. Neal J. M. Neal Neilson Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Quinn Rhoad Rice Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. Smith F. N. Smith G. M. Smith J. E. Smith J. R. Smith W. D. Smith Snow Stille Talley Taylor Thompson Toole Townsend Tripp Trotter Umphlett Vaughn Viers Walker Weeks Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Anthony Freeman Kirsh Lloyd Miller Rutherford Sheheen White
So, the Bill, as amended, was read the second time and ordered to third reading.
I support the reform of the PSC, but did not feel comfortable voting on this issue as my husband is a candidate.
Rep. Becky Richardson
I was out of the Chamber and in the Senate doing legislative business at the time of the final roll call vote on H. 3530. Had I been on the House floor, I would have voted for final passage of H. 3530.
Rep. Douglas Jennings, Jr.
The following Bill was taken up:
H. 3137 (Word version) -- Reps. Sinclair, Littlejohn, W. D. Smith, Weeks, J. E. Smith, Edge and McLeod: A BILL TO AMEND SECTION 14-23-1040, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS FOR A JUDGE OF PROBATE, SO AS TO CHANGE THE QUALIFICATIONS FOR THIS OFFICE.
Rep. DELLENEY explained the Bill.
Rep. HINSON spoke against the Bill.
Rep. DELLENEY spoke in favor of the Bill.
Rep. HINSON moved to table the Bill.
Rep. TROTTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Altman Bingham R. Brown Chellis Dantzler Frye Hamilton Harrell Hayes Hinson Huggins Keegan Koon Limehouse Merrill Moody-Lawrence Perry Phillips Quinn Richardson Scarborough Simrill Thompson Trotter Umphlett Viers Young
Those who voted in the negative are:
Allen Anthony Bailey Bales Barfield Battle Bowers Branham Breeland Cato Ceips Clark Clemmons Coates Cobb-Hunter Cooper Cotty Davenport Delleney Duncan Edge Emory Freeman Gilham Gourdine Govan Hagood Harrison Haskins Herbkersman J. Hines M. Hines Hosey Howard Jennings Kirsh Leach Lee Littlejohn Loftis Lourie Lucas Mack Mahaffey Martin McCraw McGee Miller J. H. Neal J. M. Neal Neilson Ott Owens Parks Pinson E. H. Pitts M. A. Pitts Rhoad Rice Rivers Sandifer Scott Sheheen Sinclair Skelton D. C. Smith F. N. Smith G. M. Smith J. E. Smith J. R. Smith W. D. Smith Snow Stille Talley Taylor Toole Tripp Vaughn Walker Weeks Whipper White Whitmire Wilkins
So, the House refused to table the Bill.
The question then recurred to the passage of the Bill on second reading.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Altman Anthony Bailey Bales Barfield Battle Bowers Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chellis Clark Clemmons Coates Cobb-Hunter Cooper Cotty Dantzler Davenport Delleney Duncan Edge Emory Freeman Gilham Gourdine Govan Hagood Harrell Haskins Herbkersman J. Hines M. Hines Hosey Howard Jennings Keegan Kirsh Leach Lee Limehouse Littlejohn Lourie Lucas Mack Mahaffey Martin McCraw McGee McLeod Moody-Lawrence J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Rhoad Rice Rivers Sandifer Scarborough Scott Sinclair Skelton D. C. Smith F. N. Smith G. M. Smith J. E. Smith J. R. Smith W. D. Smith Snow Stille Talley Taylor Townsend Umphlett Vaughn Walker Weeks Whipper White Whitmire Young
Those who voted in the negative are:
Bingham Frye Hamilton Hayes Miller Richardson Simrill Thompson Toole Trotter Viers Witherspoon
So, the Bill was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3025 (Word version) -- Rep. Altman: A BILL TO AMEND SECTION 7-19-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRESIDENTIAL ELECTORS DECLARING FOR A CANDIDATE, SO AS TO PROVIDE THAT AN ELECTOR IS DEEMED TO HAVE IRREVOCABLY VOTED FOR A CANDIDATE AT THE TIME HE DECLARES FOR A CANDIDATE AND TO DELETE INCONSISTENT PROVISIONS.
Rep. SIMRILL explained the Bill.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Altman Anthony Bailey Bales Barfield Battle Bingham Bowers Breeland G. Brown J. Brown Cato Ceips Chellis Clark Coates Cobb-Hunter Cooper Cotty Dantzler Davenport Duncan Edge Emory Freeman Frye Gilham Gourdine Govan Hagood Hamilton Harrell Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hosey Howard Huggins Jennings Keegan Kirsh Leach Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack Mahaffey Martin McCraw Merrill Miller Moody-Lawrence J. H. Neal Neilson Ott Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Rhoad Rice Richardson Rivers Rutherford Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. Smith F. N. Smith J. E. Smith J. R. Smith W. D. Smith Snow Stille Talley Taylor Thompson Toole Townsend Tripp Trotter Umphlett Vaughn Viers Walker Weeks Whipper White Whitmire Wilkins Witherspoon
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3035 (Word version) -- Reps. Altman and Umphlett: A BILL TO AMEND SECTION 44-76-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VARIOUS TRAINING AND USE REQUIREMENTS FOR PERSONS DESIGNATED AS AUTOMATED EXTERNAL DEFIBRILLATOR USERS (AED), SO AS TO PROVIDE THE TRAINING REQUIRED INCLUDES A TRAINING COURSE APPROVED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.
Rep. MACK explained the Bill.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Altman Anthony Bailey Bales Barfield Battle Bingham Bowers Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Clark Clemmons Coates Cobb-Hunter Cooper Cotty Dantzler Davenport Delleney Duncan Edge Emory Freeman Frye Gilham Gourdine Govan Hagood Hamilton Harrell Harrison Haskins Hayes J. Hines M. Hines Hinson Hosey 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 Perry Phillips Pinson E. H. Pitts Quinn Rhoad Rice Richardson Rivers Sandifer Scarborough Sheheen Simrill Sinclair Skelton D. C. Smith F. N. Smith G. M. Smith J. E. Smith J. R. Smith Snow Stille Talley Taylor Thompson Tripp Trotter Umphlett Vaughn Viers Walker Weeks Whipper White Whitmire Wilkins Witherspoon
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3538 (Word version) -- Reps. Townsend, Gilham, J. M. Neal, J. Hines, Martin, Wilkins, Cato, Chellis, Littlejohn, W. D. Smith, Stille, White, Talley, Thompson, Bailey, Clemmons and Barfield: 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.
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 Joint Resolution was taken up:
S. 375 (Word version) -- Senators Martin, Leatherman, Peeler, Drummond, Giese, Setzler, Land, Holland, Moore, Short, Hutto, Hayes, Waldrep, Knotts, Ritchie, Verdin, Pinckney, J. V. Smith, McConnell, Courson, Thomas, Gregory, Mescher, Ryberg, Alexander, Fair, Ravenel, Branton, Grooms, Richardson, Hawkins and Kuhn: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DISTRICTS OF THIS STATE MAY FURLOUGH DISTRICT PERSONNEL TO THE EXTENT NECESSARY TO AVOID A YEAR-END DEFICIT AND A REDUCTION IN FORCE AND TO PROVIDE THE TERMS AND CONDITIONS OF A FURLOUGH PURSUANT TO THIS PROVISION; AND TO PROVIDE THAT FOR FISCAL YEAR 2002-2003, ALL SCHOOL DISTRICTS AND SPECIAL SCHOOLS OF THIS STATE MAY TRANSFER REVENUE BETWEEN PROGRAMS TO ANY INSTRUCTIONAL PROGRAM WITH THE SAME FUNDING SOURCE AND ANY UNOBLIGATED INSTRUCTIONAL PROGRAM FUNDS MAY BE USED FOR OPERATIONAL PURPOSES.
Rep. TOWNSEND proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\3269DW03):
Amend the joint resolution, as and if amended, SECTION 1, page 2, by deleting lines 4 through 18 and inserting:
/ The school district may furlough school district level employees for a period not to exceed five days. Any furlough must include all personnel employed by the school district regardless of classification or funding source. The district shall take all reasonable action necessary to provide for furlough days on in-service days and shall only provide for furlough days on instructional days if absolutely necessary. All school districts are exempt from the defined minimum plan in Section 59-1-420 to the extent absolutely necessary to carry out this provision. /
Renumber sections to conform.
Amend title to conform.
Rep. TOWNSEND explained the amendment.
Rep. HAYES made the Point of Order that the Joint Resolution 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. TOWNSEND moved that the House recur to the Morning Hour, which was agreed to.
Rep. SCOTT, from the Richland Delegation, submitted a favorable report on:
H. 3257 (Word version) -- Reps. Lourie, J. E. Smith, J. Brown, Bales and Cotty: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF RICHLAND COUNTY SCHOOL DISTRICT ONE AND RICHLAND COUNTY SCHOOL DISTRICT TWO MUST BE SET BY THE BOARD OF TRUSTEES OF EACH RESPECTIVE DISTRICT 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.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3037 (Word version) -- Reps. Altman, Vaughn, Umphlett, Merrill, Coates, Clemmons and Cotty: A BILL TO AMEND SECTION 7-13-350, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTIFIED CANDIDATES NOMINATED BY PETITION, PRIMARY, OR CONVENTION, SO AS TO PROHIBIT A CANDIDATE FROM BEING NOMINATED BY MORE THAN ONE POLITICAL PARTY AND TO REQUIRE THE AUTHORITY CHARGED BY LAW WITH PRINTING THE BALLOT TO PRINT THE NAME OF THE CANDIDATE WITH THE ONE PARTY WHICH NOMINATED HIM.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3082 (Word version) -- Reps. Scarborough, Simrill, Hinson, Merrill, White, Trotter and Thompson: A BILL TO AMEND SECTIONS 1-23-120 AND 1-23-125, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO GENERAL ASSEMBLY REVIEW OF REGULATIONS AND REQUESTS TO WITHDRAW REGULATIONS, SO AS TO REQUIRE AFFIRMATIVE APPROVAL OF REGULATIONS RATHER THAN ALLOWING THEM TO BECOME EFFECTIVE AFTER ONE HUNDRED TWENTY DAYS, TO DELETE REFERENCES TO THE ONE-HUNDRED-TWENTY-DAY PERIOD AND TO PROVIDE THAT IF A RESOLUTION TO APPROVE OR DISAPPROVE A REGULATION HAS NOT BEEN ENACTED BY THE END OF THE SECOND YEAR OF THE LEGISLATIVE SESSION, THE REGULATION MUST BE PROMULGATED AS A NEW REGULATION BEFORE SUBMITTING FOR SUBSEQUENT APPROVAL.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3084 (Word version) -- Reps. Talley, Littlejohn, Hinson, Cobb-Hunter and Richardson: A BILL TO ENACT THE "YOUTH ACCESS TO TOBACCO PREVENTION ACT OF 2003" INCLUDING PROVISIONS TO AMEND SECTION 16-17-500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUPPLYING MINORS WITH TOBACCO OR CIGARETTES, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO THE SALE, FURNISHING, GIVING, DISTRIBUTION, AND PROVISION TO A MINOR OF CIGARETTES, TOBACCO, CIGARETTE PAPER, OR A TOBACCO PRODUCT, TO PROVIDE THAT A PERSON MAY NOT SELL A TOBACCO PRODUCT TO AN INDIVIDUAL WHO DOES NOT PRESENT UPON DEMAND PROPER PROOF OF AGE OR IS NOT BELIEVED TO BE AT LEAST EIGHTEEN YEARS OF AGE, TO PROVIDE THAT A RETAIL DISTRIBUTOR OF TOBACCO PRODUCTS MUST TRAIN ITS RETAIL SALES EMPLOYEES REGARDING THE PROVISIONS CONTAINED IN THIS SECTION, TO PROVIDE THAT CERTAIN INDIVIDUALS LESS THAN EIGHTEEN YEARS OF AGE MAY NOT PURCHASE, ACCEPT RECEIPT, ATTEMPT TO PURCHASE, ATTEMPT TO ACCEPT RECEIPT OF A TOBACCO PRODUCT, OR POSSESS OR OFFER FRAUDULENT PROOF OF AGE FOR THE PURPOSE OF PURCHASING OR POSSESSING A TOBACCO PRODUCT, TO PROVIDE THAT A LAW ENFORCEMENT AGENCY MAY USE MINORS TO TEST A COMMUNITY'S COMPLIANCE WITH THIS SECTION, TO PROVIDE THE CONDITIONS IN WHICH TOBACCO PRODUCTS MAY BE DISTRIBUTED IN VENDING MACHINES, TO REVISE THE PENALTIES FOR VIOLATING THE PROVISIONS CONTAINED IN THIS SECTION, AND TO DEFINE THE TERM "PERSON"; TO AMEND SECTION 16-17-501, RELATING TO DEFINITIONS OF TERMS RELATING TO THE DISTRIBUTION OF TOBACCO PRODUCT SAMPLES AND THE IMPLEMENTATION OF PROVISIONS THAT REGULATE THE SALE AND USE OF TOBACCO PRODUCTS BY LOCAL GOVERNMENTS, SO AS TO PROVIDE THAT THESE DEFINITIONS APPLY TO PROVISIONS REGULATING SUPPLYING TOBACCO PRODUCTS TO MINORS; TO REVISE THE DEFINITION OF THE TERM "PROOF OF AGE", AND TO PROVIDE A DEFINITION OF THE TERM "SELF SERVICE DISPLAY".
Ordered for consideration tomorrow.
The following was introduced:
H. 3693 (Word version) -- Reps. Talley, 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, 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, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A HOUSE RESOLUTION TO EXPRESS THE BELIEF OF THE HOUSE OF REPRESENTATIVES THAT NASCAR RACING IS A VITAL AND INTEGRAL PART OF SOUTH CAROLINA AND SOUTH CAROLINA'S ECONOMY, AND TO RECOGNIZE THE DARLINGTON RACEWAY AS ONE OF OUR STATE'S MOST FEATURED ATTRACTIONS WHICH SHOULD CONTINUE TO HOST TWO NASCAR WINSTON CUP RACES EACH YEAR.
The Resolution was adopted.
On motion of Rep. RUTHERFORD, with unanimous consent, the following was taken up for immediate consideration:
H. 3694 (Word version) -- Rep. Rutherford: A CONCURRENT RESOLUTION TO DECLARE THURSDAY, FEBRUARY 27, 2003, AS "ETIQUETTE DAY IN SOUTH CAROLINA" AND TO COMMEND THE UNIVERSITY OF SOUTH CAROLINA'S EDUCATIONAL TALENT SEARCH PROGRAM AND ITS PARTICIPANTS FOR THEIR OUTSTANDING ACHIEVEMENTS AND PROGRESS IN BECOMING PRODUCTIVE CITIZENS.
Whereas, the Educational Talent Search Program at the University of South Carolina encourages middle school and high school students to complete their secondary education and to pursue completion of post-secondary degrees; and
Whereas, the Educational Talent Search Program serves to prepare students of tomorrow with skills and knowledge to become productive and contributing members of society; and
Whereas, a key component of student success is the use of etiquette and decorum that allows students to respond appropriately in familiar and unfamiliar situations and helps them build self-confidence and self-esteem; and
Whereas, the eighth grade curriculum focuses on etiquette during the month of February 2003 and culminates with an etiquette luncheon on Thursday, February 27, 2003, designed to provide students an opportunity to implement what they have learned in a practical setting; and
Whereas, the lessons learned by these students are lessons that all South Carolinians would benefit from learning. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly, by this resolution, declare Thursday, February 27, 2003, as "Etiquette Day in South Carolina" and commend the University of South Carolina's Educational Talent Search Program and its participants for their outstanding achievements and progress in becoming productive citizens.
Be it further resolved that a copy of this resolution be forwarded to the Director of the Educational Talent Search Program at the University of South Carolina.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. HUGGINS, with unanimous consent, the following was taken up for immediate consideration:
H. 3695 (Word version) -- Reps. Huggins, Edge, 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, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, 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 DECLARE WEDNESDAY, MARCH 19, 2003, AS "SOUTH CAROLINA REALTOR DAY" IN ORDER TO RECOGNIZE AND HONOR THE MANY OUTSTANDING REALTORS AND REAL ESTATE PROFESSIONALS IN OUR STATE.
Whereas, a healthy, happy society must fulfill the desires and aspirations of the majority of its members while protecting the rights of each of its individual entities; and
Whereas, our citizens desire to live in communities where the wonders of the Creator are molded and preserved, and where the prosperity of the members of the society, as well as the animals and plant life indigenous to the environment, is protected and nurtured; and
Whereas, our society has been established, maintained, and prospered based on a recognition of the rights of each individual member; many of the most important of these rights having been codified in our nation's Bill of Rights; and
Whereas, our forefathers found it prudent and wise to ensure the protection of an individual's property rights by establishing these rights in both the Fifth and Fourteenth Amendments to the United States Constitution; and
Whereas, homeownership provides a sense of security for South Carolina families and their children, and results in better education, more secure neighborhoods, and a better quality of life for our children; and
Whereas, the purchase of a home for most South Carolinians is the single largest investment they will ever make; and
Whereas, all families in South Carolina regardless of race, color, religion, sex, handicap, familial status, or national origin should have the opportunity to pursue the American dream of homeownership; and
Whereas, housing affordability and choices should be market driven, based on the principles of free enterprise so the American dream of homeownership can be protected and preserved for future generations of South Carolinians; and
Whereas, the South Carolina Association of Realtors services nearly 11,500 members and has twenty-three local associations throughout the State; and
Whereas, the members of the South Carolina Association of Realtors provide diverse and specialized services in South Carolina in the purchase, sale, leasing, or appraisal of real property including residential, commercial, industrial, and retail development, consulting services, estates, foreclosures, international affairs, investments, luxury homes, property management, and property rehabilitation; and
Whereas, in addition to the unmatched array of member programs, products, and services that the South Carolina Association of Realtors provides to its members, the association also provides critical real estate continuing education resources to real estate professionals in South Carolina through its Graduate Realtor Institute Program; and
Whereas, the South Carolina Association of Realtors has for many years developed and distributed uniform lease and other common real estate forms that are used and relied on by realtors in South Carolina; and
Whereas, beyond the services it provides to its members and real estate professionals, the South Carolina Association of Realtors has taken public-interest positions on local, regional, state, and federal issues relating to the protection of consumers and the real estate industry, including private property rights, seller disclosure initiatives, and against undue taxation; and
Whereas, the South Carolina Association of Realtors and its members are truly the keepers of the American dream of homeownership. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly, by this resolution, declare Wednesday, March 19, 2003, as "South Carolina Realtor Day" in order to recognize and honor the many outstanding realtors and real estate professionals in our State.
Be it further resolved that a copy of this resolution be presented to Ken Jackson, 2003 President of the South Carolina Association of Realtors.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. JENNINGS, with unanimous consent, the following was taken up for immediate consideration:
H. 3696 (Word version) -- Reps. Jennings, Townsend and Neilson: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF PUBLIC SAFETY TO WAIVE FROM MOTOR VEHICLE TITLING, LICENSING, AND REGISTRATION LAWS MOTOR VEHICLES PROVIDED FOR PROMOTIONAL PURPOSES BY AN AUTOMOBILE MANUFACTURER IN CONNECTION WITH NATIONALLY-SPONSORED NASCAR RACING EVENTS HELD IN THIS STATE IN 2003.
Be it resolved by the House of Representatives, the Senate concurring:
That by this resolution, the members of the General Assembly request the Department of Public Safety to waive the motor vehicle titling, licensing, and registration requirements of Title 56 of the Code of Laws of South Carolina, 1976, on cars provided by an automobile manufacturer for promotional purposes in connection with nationally-sponsored NASCAR racing events held in this State in 2003.
Be it further resolved that this waiver must extend to no more than thirty-five cars by a single manufacturer for a period not to exceed twenty-one days per race and that this waiver does not extend to the financial responsibility or insurance coverage requirements for operating a motor vehicle on the public roads of this State.
Be it further resolved that the Department of Public Safety shall prescribe an appropriate means of identification instead of the licensing and registration requirements otherwise applicable.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 3697 (Word version) -- Reps. Lloyd, Loftis, Mack, Martin, Moody-Lawrence, Scott and Weeks: A BILL TO AMEND SECTION 22-3-790, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RECORDING AND ACKNOWLEDGMENT OF TESTIMONY PRESENTED BEFORE A MAGISTRATE, SO AS TO PROVIDE THAT IN A CASE IN WHICH A STENOGRAPHER RECORDS THE TESTIMONY OR A CASE IN WHICH TESTIMONY IS ELECTRONICALLY RECORDED, THE RECORD OF THE TESTIMONY MUST BE RETAINED BY THE MAGISTRATE FOR AT LEAST SIXTY DAYS, AND TO PROVIDE THAT IF THE MAGISTRATE FAILS TO MAINTAIN THE RECORD OF THIS TESTIMONY, THEN AN APPELLATE COURT MUST GRANT THE DEFENDANT A NEW TRIAL UPON AN APPEAL OF THE MAGISTRATE'S VERDICT; AND TO AMEND SECTION 14-25-195, RELATING TO THE RIGHT OF A PARTY IN CERTAIN MUNICIPAL COURT TRIALS TO HAVE TESTIMONY RECORDED, SO AS TO PROVIDE THAT A MUNICIPAL COURT JUDGE MUST RETAIN A RECORDING OF TESTIMONY FOR AT LEAST SIXTY DAYS AFTER A TRIAL, AND TO PROVIDE THAT AN APPELLATE COURT MAY GRANT A DEFENDANT A NEW TRAIL IF THE MUNICIPAL COURT JUDGE FAILS TO MAINTAIN A RECORD OF THE TESTIMONY FOR AT LEAST SIXTY DAYS.
Referred to Committee on Judiciary
H. 3698 (Word version) -- Reps. Walker, Anthony, Davenport, Lee, Littlejohn, Mahaffey, Sinclair, W. D. Smith and Talley: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 17, 23, AND 24, 2003, BY THE STUDENTS OF THE SEVEN SCHOOL DISTRICTS IN SPARTANBURG COUNTY WHEN THE SCHOOLS WERE CLOSED DUE TO 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; AND TO ALLOW EMPLOYEES OF THE SEVEN SCHOOL DISTRICTS OF SPARTANBURG COUNTY VOLUNTARILY TO TAKE UP TO FOUR DAYS OF UNPAID LEAVE.
On motion of Rep. WALKER, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
H. 3699 (Word version) -- Reps. Sheheen, McLeod and Bales: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 110 TO TITLE 59 SO AS TO ESTABLISH THE SOUTH CAROLINA COLLEGE AND UNIVERSITY BOARD OF REGENTS AND PROVIDE FOR ITS MEMBERSHIP, POWERS, DUTIES, AND RESPONSIBILITIES; TO PROVIDE FOR THE SERVICE OF TRUSTEES OR MEMBERS OF THE GOVERNING BODY OF "CONSTITUENT INSTITUTIONS", DEFINED AS ALL TWO-YEAR AND FOUR-YEAR COLLEGES AND UNIVERSITIES IN THIS STATE INCLUDING TECHNICAL COLLEGES TO PROVIDE THAT ON JULY 1, 2003, THE POWERS, DUTIES, AND RESPONSIBILITIES OF THE STATE COMMISSION ON HIGHER EDUCATION AND THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION NOT INCONSISTENT WITH CHAPTER 110 OF TITLE 59 ARE DEVOLVED UPON THE SOUTH CAROLINA COLLEGE AND UNIVERSITY BOARD OF REGENTS AND TO REPEAL SECTION 59-103-10 RELATING TO THE STATE COMMISSION ON HIGHER EDUCATION AND SECTION 59-53-10 RELATING TO THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION ON JULY 1, 2003.
Referred to Committee on Education and Public Works
H. 3700 (Word version) -- Reps. J. Brown, Lloyd, Hosey, Branham, G. Brown, R. Brown, Clark, J. Hines, M. Hines, Keegan, Lourie, Mack, McLeod, Rivers, Scott and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-465 SO AS TO PROVIDE THAT BEGINNING WITH THE SCHOOL YEAR 2003-2004, A FULL-TIME SCHOOL NURSE IS REQUIRED FOR AND MUST BE ON THE PREMISES OF EACH ELEMENTARY PUBLIC SCHOOL IN THE STATE DURING REGULAR SCHOOL HOURS, AND TO PROVIDE FOR THE MANNER IN WHICH FUNDING FOR THIS REQUIREMENT MUST BE PROVIDED.
Referred to Committee on Education and Public Works
H. 3701 (Word version) -- Reps. Hinson, Merrill, Lloyd, Dantzler, Frye, Gourdine, Koon, Mahaffey, Neilson, Parks, M. A. Pitts, Toole, Umphlett and Walker: A BILL TO AMEND SECTION 59-17-135, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARACTER EDUCATION IN SCHOOLS, SO AS TO PROVIDE THAT A TEACHER IN A PUBLIC SCHOOL OF THIS STATE SHALL INDICATE A LETTER GRADE AND COMMENTS ON A STUDENT'S REPORT CARD UNDER THE SUBJECT HEADING OF "CONDUCT" AS AN ASSESSMENT OF HOW THE STUDENT EXPRESSES CERTAIN CHARACTERISTICS.
Referred to Committee on Education and Public Works
H. 3702 (Word version) -- Reps. White, Hosey, Bowers, G. Brown, Chellis, Clark, Duncan, Hagood, Herbkersman, Leach, McGee, Owens, Pinson, E. H. Pitts, M. A. Pitts, Richardson, Rivers, Sandifer, Sinclair, Taylor, Tripp, Trotter, Umphlett, Whitmire and Young: A JOINT RESOLUTION TO PROPOSE AN AMENDMENT TO ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE DECLARATION OF RIGHTS, BY ADDING SECTION 25, SO AS TO PROVIDE FOR THE RIGHT OF THE PEOPLE TO HUNT, FISH, AND TAKE GAME.
Referred to Committee on Judiciary
H. 3703 (Word version) -- Reps. Keegan, Bales, Barfield, Clemmons, Edge, Herbkersman, Leach, Neilson, Vaughn, Viers, Witherspoon and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 38 TO TITLE 59 SO AS TO ESTABLISH THE ENGLISH EDUCATION ACT, TO DEFINE CERTAIN TERMS, TO PROVIDE HOW ENGLISH LANGUAGE LEARNERS ARE CLASSIFIED, TO PROVIDE THAT ENGLISH LANGUAGE INSTRUCTION IN A PUBLIC SCHOOL NORMALLY MUST NOT EXCEED TWO SCHOOL YEARS, TO PROVIDE WHEN A PARENT OR LEGAL GUARDIAN MAY WAIVE THE ENGLISH LANGUAGE INSTRUCTION, TO PROVIDE THAT A PARENT OR LEGAL GUARDIAN OF A CHILD ENROLLED IN A PUBLIC SCHOOL HAS STANDING TO SUE FOR ENFORCEMENT OF THE ENGLISH EDUCATION ACT, TO PROVIDE FOR THE MONITORING OF THE STUDENTS LEARNING ENGLISH AND OTHER ACADEMIC SUBJECTS THROUGH STANDARDIZED TESTING, AND TO PROVIDE THAT A SCHOOL DISTRICT IS NOT ELIGIBLE FOR MORE THAN TWO FISCAL YEARS OF STATE ENTITLEMENT MONIES FOR A STUDENT IN AN ENGLISH LANGUAGE LEARNING PROGRAM.
Referred to Committee on Education and Public Works
H. 3704 (Word version) -- Reps. McLeod, Whipper, Hosey, Govan, Allen, Altman, Anthony, Bales, Bingham, Branham, J. Brown, R. Brown, Coates, Davenport, Freeman, Gourdine, Hagood, Hamilton, J. Hines, M. Hines, Koon, Leach, Littlejohn, Lloyd, Lourie, Mahaffey, Martin, McCraw, Miller, Moody-Lawrence, J. H. Neal, Phillips, Simrill, F. N. Smith, Snow, Toole, Tripp, Vaughn, Weeks and Witherspoon: A BILL TO AMEND SECTION 61-4-520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR OBTAINING A PERMIT AUTHORIZING THE SALE OF BEER OR WINE, SO AS TO PROVIDE THAT A LOCATION FOR WHICH AN APPLICATION FOR A PERMIT IS MADE WHICH IS WITHIN THREE HUNDRED FEET OF A SCHOOL, PLAYGROUND, OR CHURCH IS AN "UNSUITABLE" LOCATION.
Referred to Committee on Judiciary
H. 3705 (Word version) -- Reps. Vaughn, Haskins, Hosey, Bailey, Hayes, Barfield, Cato, Ceips, Davenport, Frye, Herbkersman, J. Hines, Hinson, Koon, Leach, Limehouse, Mahaffey, Moody-Lawrence, Neilson, M. A. Pitts, Rice, Rivers, Simrill, J. R. Smith, W. D. Smith, Snow, Stille, Tripp and Weeks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3600 SO AS TO AUTHORIZE STATE INCOME TAX CREDITS UP TO FIVE HUNDRED DOLLARS A YEAR ON A PHASED-IN BASIS FOR CONTRIBUTIONS MADE TO NONPROFIT EDUCATION FOUNDATIONS THAT PROVIDE ACADEMIC ASSISTANCE GRANTS FOR CHILDREN WHO ATTEND PUBLIC OR NONGOVERNMENT SCHOOLS, A MAJORITY OF WHOM MUST QUALIFY FOR NEEDS-BASED ASSISTANCE, TO PROVIDE THE PROCEDURES FOR, AND CONDITIONS AND LIMITATIONS OF, THESE INCOME TAX CREDITS, AND TO DEFINE CERTAIN TERMS.
Referred to Committee on Ways and Means
H. 3706 (Word version) -- Rep. Talley: A BILL TO AMEND SECTION 56-1-1320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A PROVISIONAL DRIVER'S LICENSE, SO AS TO PROVIDE THAT A PERSON WHO IS CONVICTED OF DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR, DRUGS, OR NARCOTICS, AND WHOSE ALCOHOL CONCENTRATION WAS SIXTEEN ONE-HUNDREDTHS OF ONE PERCENT OR MORE MAY NOT OBTAIN A PROVISIONAL DRIVER'S LICENSE; BY ADDING SECTION 56-5-2931 SO AS TO PROVIDE THAT IT IS ILLEGAL TO DRIVE A MOTOR VEHICLE WHILE GROSSLY INTOXICATED, AND TO PROVIDE A PENALTY; TO AMEND SECTION 56-5-2934, RELATING TO A PERSON'S RIGHT TO COMPULSORY PROCESS WHEN CHARGED WITH CERTAIN ALCOHOL OR DRUG RELATED MOTOR VEHICLE OFFENSES, SO AS TO PROVIDE THAT A PERSON CHARGED WITH OPERATING A MOTOR VEHICLE WHILE GROSSLY INTOXICATED HAS A RIGHT TO COMPULSORY PROCESS; TO AMEND SECTION 56-5-2935, RELATING TO A PERSON'S RIGHT TO HAVE A JURY TRIAL WHEN CHARGED WITH CERTAIN ALCOHOL OR DRUG RELATED MOTOR VEHICLE OFFENSES, SO AS TO PROVIDE THAT A PERSON CHARGED WITH OPERATING A MOTOR VEHICLE WHILE GROSSLY INTOXICATED IS ENTITLED TO A JURY TRIAL; TO AMEND SECTION 56-5-2941, RELATING TO THE INSTALLATION OF AN IGNITION INTERLOCK DEVICE ON THE VEHICLE OF A PERSON WHO IS CONVICTED OF CERTAIN ALCOHOL OR DRUG RELATED MOTOR VEHICLE OFFENSES, SO AS TO PROVIDE THAT A PERSON CONVICTED OF OPERATING A MOTOR VEHICLE WHILE GROSSLY INTOXICATED MAY HAVE AN IGNITION INTERLOCK DEVICE INSTALLED ON HIS MOTOR VEHICLE; TO AMEND SECTION 56-5-2947, AS AMENDED, RELATING TO THE OFFENSE OF CHILD ENDANGERMENT, SO AS TO PROVIDE THAT UNDER CERTAIN CIRCUMSTANCES WHEN A PERSON OPERATES A MOTOR VEHICLE WHILE GROSSLY INTOXICATED, HE IS GUILTY OF CHILD ENDANGERMENT; TO AMEND SECTION 56-5-2950, AS AMENDED, RELATING TO A PERSON WHO DRIVES A MOTOR VEHICLE GIVING CONSENT TO CHEMICAL TESTS OF HIS BREATH, BLOOD, OR URINE TO DETERMINE THE PRESENCE OF ALCOHOL, DRUGS, OR A COMBINATION OF ALCOHOL AND DRUGS IN A PERSON'S SYSTEM, SO AS TO PROVIDE THAT IF A PERSON OPERATES A MOTOR VEHICLE WITH AN ALCOHOL CONCENTRATION OF SIXTEEN ONE-HUNDREDTHS OF ONE PERCENT OR MORE, IT MAY BE INFERRED THAT THE PERSON IS GROSSLY INTOXICATED; TO AMEND SECTION 56-5-2951, AS AMENDED, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE WHO REFUSES TO SUBMIT TO CERTAIN TESTS TO DETERMINE THE LEVEL OF HIS ALCOHOL CONCENTRATION, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO A PERSON CHARGED WITH OPERATING A MOTOR VEHICLE WHILE GROSSLY INTOXICATED; TO AMEND SECTION 56-5-2953, AS AMENDED, RELATING TO THE VIDEOTAPING OF THE INCIDENT AND BREATH TEST SITE AND THE ADMISSIBILITY OF EVIDENCE WHEN A PERSON IS CHARGED WITH AN ALCOHOL OR DRUG RELATED MOTOR VEHICLE OFFENSE, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO A PERSON WHO IS CHARGED WITH OPERATING A MOTOR VEHICLE WHILE GROSSLY INTOXICATED; TO AMEND SECTION 56-5-2970, AS AMENDED, RELATING TO CERTAIN COURT OFFICIALS WHO ARE CHARGED WITH REPORTING VIOLATIONS OF CERTAIN ALCOHOL OR DRUG RELATED MOTOR VEHICLE OFFENSES TO THE MOTOR VEHICLE DIVISION, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO THE OFFENSE OF OPERATING A MOTOR VEHICLE WHILE GROSSLY INTOXICATED; TO AMEND SECTION 56-5-2980, AS AMENDED, RELATING TO COPIES OF CERTAIN REPORTS THAT RELATE TO A PERSON'S PREVIOUS CONVICTIONS FOR VIOLATING CERTAIN ALCOHOL OR DRUG RELATED MOTOR VEHICLE OFFENSES TO BE CONSIDERED PRIMA FACIE EVIDENCE, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO THE OFFENSE OF OPERATING A MOTOR VEHICLE WHILE GROSSLY INTOXICATED; TO AMEND SECTION 56-5-2990, AS AMENDED, RELATING TO THE SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON CONVICTED OF CERTAIN ALCOHOL OR DRUG RELATED MOTOR VEHICLE OFFENSES, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO A PERSON CONVICTED OF OPERATING A MOTOR VEHICLE WHILE GROSSLY INTOXICATED, AND TO PROVIDE PERIODS OF DRIVER'S LICENSE SUSPENSIONS FOR PERSONS CONVICTED OF OPERATING A MOTOR VEHICLE WHILE GROSSLY INTOXICATED; AND TO AMEND SECTION 56-5-2995, AS AMENDED, RELATING TO THE ADDITIONAL ASSESSMENT THAT MUST BE IMPOSED UPON A PERSON CONVICTED OF CERTAIN ALCOHOL OR DRUG RELATED MOTOR VEHICLE OFFENSES, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO A PERSON CONVICTED OF OPERATING A MOTOR VEHICLE WHILE GROSSLY INTOXICATED.
Referred to Committee on Judiciary
Rep. TROTTER moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 3679 (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 MATTHEW MABRY RAMSEY 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.
H. 3680 (Word version) -- Reps. Wilkins, 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, 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, Witherspoon and Young: A CONCURRENT RESOLUTION THANKING FOSTER MILLER "BILLY" ROUTH III FOR HIS LONG YEARS OF DEDICATED PUBLIC SERVICE AND HIS VITAL CONTRIBUTIONS TO THE POLITICAL PROCESS AND WISHING HIM WELL AS HE BEGINS YET ANOTHER CHAPTER IN THE CONTINUING STORY OF HIS DISTINGUISHED PARTICIPATION IN POLITICAL, GOVERNMENTAL, AND CONSTITUENT RELATIONS.
H. 3683 (Word version) -- Reps. Weeks, G. M. Smith and G. Brown: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO TERRY KINARD OF SUMTER, A DOMINATE DEFENSIVE FORCE FOR THE CLEMSON UNIVERSITY TIGERS FROM 1978 UNTIL 1982 AND FOR THE NEW YORK GIANTS FOR SEVEN YEARS, ON HIS MANY ATHLETIC ACCOMPLISHMENTS, INCLUDING HIS MOST RECENT HONOR OF BEING INDUCTED INTO THE SOUTH CAROLINA ATHLETIC HALL OF FAME.
At 4:40 p.m. the House, in accordance with the motion of Rep. VIERS, adjourned in memory of William H. Smith of Socastee, to meet at 10:00 a.m. tomorrow.
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