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 50:51: "The mighty one, God the Lord, speaks and summons the earth from the rising of the sun to its setting."
Let us pray. Lord God, look with favor upon this body of women and men. Bless us with Your wisdom and courage as we make decisions during these troubled times. Be our strong rock on which we can rely. Help us day by day to call to mind the lessons You would have us learn. Engrave them on our hearts. 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. BREELAND moved that when the House adjourns, it adjourn in memory of Annabelle H. McCrae, which was agreed to.
The following was received:
Columbia, S.C., February 26, 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. 6, H. 3327 by a vote of 45 to 0.
(R6, H3327 (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.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., February 26, 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. 7, H. 3377 by a vote of 45 to 0.
(R7, H3377 (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.
Very respectfully,
President
Received as information.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3707 (Word version) -- Reps. Miller, Hosey, Hayes, Anthony, Battle, Branham, G. Brown, Freeman, J. Hines and M. Hines: A BILL TO AMEND SECTION 56-3-1960, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE AND DISPLAY OF PLACARDS AND LICENSE PLATES THAT ALLOW PERSONS WHO ARE HANDICAPPED TO PARK FREE OF CHARGE, SO AS TO PROVIDE THAT A PLACARD ISSUED TO A PERSON WHO IS HANDICAPPED MUST HAVE HIS DRIVER'S LICENSE NUMBER OR SPECIAL IDENTIFICATION CARD NUMBER PRINTED ON IT.
Referred to Committee on Education and Public Works
S. 6 (Word version) -- Senators McConnell, Kuhn, Mescher, Elliott, Alexander, Ravenel, Reese, Knotts, Richardson, Peeler, Leatherman and Rankin: A BILL TO AMEND SECTION 30-2-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE FAMILY PRIVACY PROTECTION ACT OF 2002, SO AS TO CHANGE THE DEFINITION OF "COMMERCIAL SOLICITATION"; AND TO AMEND SECTION 30-2-50, RELATING TO THE PROHIBITION OF KNOWINGLY OBTAINING OR USING PERSONAL INFORMATION OBTAINED FROM A PUBLIC BODY FOR COMMERCIAL SOLICITATION DIRECTED TO A PERSON IN THIS STATE, SO AS TO SUBSTITUTE "STATE AGENCY" FOR "PUBLIC BODY" AND TO PROVIDE AN EXCLUSION.
Referred to Committee on Judiciary
S. 122 (Word version) -- Senators Moore, Elliott and Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-5-75 SO AS TO PROVIDE THAT AN EASEMENT EXISTS FOR DESCENDENTS OF PERSONS INTERRED ON REAL PROPERTY FOR THE PURPOSE OF VISITING, REPAIRING, AND MAINTAINING THESE BURIAL GROUNDS.
Referred to Committee on Labor, Commerce and Industry
The roll call of the House of Representatives was taken resulting as follows:
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 Cotty Dantzler Davenport Delleney Duncan Emory Freeman Frye Gilham Gourdine Hagood Hamilton Harrell Harrison Haskins Hayes J. Hines M. Hines Hinson Hosey Howard Keegan Kennedy Kirsh Koon Leach Lee 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 Pinson E. H. Pitts M. A. Pitts Quinn Rhoad Rice Richardson Rivers Sandifer Scarborough Scott Sheheen Simrill Sinclair Skelton D. C. Smith J. E. Smith J. R. Smith W. D. Smith Snow Stewart Stille Talley Taylor Thompson Toole Townsend Tripp Trotter Umphlett Vaughn Viers Walker Whipper White Whitmire Wilkins Witherspoon Young
I came in after the roll call and was present for the Session on Thursday, February 27.
Karl Allen Tracy Edge Chip Huggins Todd Rutherford Daniel Cooper H.B. "Chip" Limehouse Olin Phillips Jerry Govan William G. Herbkersman David Weeks Douglas Jennings Fletcher Smith G. Murrell Smith Alex Harvin
Rep. HARVIN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, February 26.
Announcement was made that Dr. Gregory T. Squires of Charleston is the Doctor of the Day for the General Assembly.
Rep. W. D. SMITH and the Spartanburg Delegation presented to the House the Union High School Football Team, Class AAA State Champions, their coaches, and other school officials.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 3229 (Word version)
Date: ADD:
02/27/03 DELLENEY
Bill Number: H. 3229 (Word version)
Date: ADD:
02/27/03 TOOLE
Bill Number: H. 3456 (Word version)
Date: ADD:
02/27/03 WHITE
Bill Number: H. 3528 (Word version)
Date: ADD:
02/27/03 ALTMAN
Bill Number: H. 3257 (Word version)
Date: ADD:
02/27/03 HOWARD
Bill Number: H. 3257 (Word version)
Date: ADD:
02/27/03 J. H. NEAL
Bill Number: H. 3257 (Word version)
Date: ADD:
02/27/03 RUTHERFORD
Bill Number: H. 3257 (Word version)
Date: ADD:
02/27/03 SCOTT
Bill Number: H. 3538 (Word version)
Date: ADD:
02/27/03 SIMRILL
Bill Number: H. 3082 (Word version)
Date: ADD:
02/27/03 M. A. PITTS
Bill Number: H. 3084 (Word version)
Date: ADD:
02/27/03 RUTHERFORD
Bill Number: H. 3082 (Word version)
Date: ADD:
02/27/03 DUNCAN
Bill Number: H. 3528 (Word version)
Date: ADD:
02/27/03 HASKINS
Bill Number: H. 3231 (Word version)
Date: ADD:
02/27/03 E. H. PITTS
Bill Number: H. 3231 (Word version)
Date: ADD:
02/27/03 TALLEY
The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate:
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.
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.
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.
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.
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.
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.
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.
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.
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.
The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification:
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.
Rep. WALKER moved to adjourn debate upon the following Bill until Tuesday, March 4, which was adopted:
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.
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
H. 3257 (Word version) -- Reps. Lourie, J. E. Smith, J. Brown, Bales, Cotty, Scott, Howard, J. H. Neal and Rutherford: 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.
Rep. LOURIE explained the Bill.
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.
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.
Rep. DELLENEY explained the Bill.
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.
Rep. LUCAS explained the Bill.
On motion of Rep. WALKER, with unanimous consent, it was ordered that H. 3698 (Word version) be read the third time tomorrow.
On motion of Rep. DELLENEY, with unanimous consent, it was ordered that H. 3289 (Word version) be read the third time tomorrow.
Rep. LUCAS asked unanimous consent that H. 3473 (Word version) be read a third time tomorrow.
Rep. HOWARD objected.
The following Bill was taken up:
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, Barfield, Delleney and Toole: 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.
Rep. DELLENEY explained the Bill.
The question then recurred to the passage of the Bill on second reading.
Rep. SIMRILL demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Altman Bailey Bales Barfield Bingham Bowers Branham G. Brown R. Brown Cato Ceips Chellis Clark Clemmons Coates Coleman Cooper Cotty Dantzler Davenport Delleney Duncan Edge Emory Freeman Frye Gilham Gourdine Hagood Hamilton Harrell Harrison Haskins Hayes M. Hines Hinson Huggins Jennings Keegan Kirsh Koon Leach Lee Limehouse Littlejohn Lloyd Loftis Lucas Mahaffey Martin McCraw McGee McLeod Merrill J. M. Neal Neilson Ott Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Quinn Rhoad Rice Richardson Rivers Sandifer Scarborough Scott Sheheen Simrill Sinclair Skelton D. C. Smith J. R. Smith W. D. Smith Snow Stewart Stille Talley Taylor Thompson Toole Townsend Tripp Trotter Umphlett Vaughn Viers Walker Whipper White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
J. Brown Cobb-Hunter Hosey Howard Kennedy Rutherford
So, the Bill was read the second time and ordered to third reading.
On motion of Rep. DELLENEY, with unanimous consent, it was ordered that H. 3229 (Word version) be read the third time tomorrow.
The following Bill was taken up:
H. 3231 (Word version) -- Reps. Gilham, Stille, Wilkins, Walker, Bales, M. A. Pitts, Cobb-Hunter, Richardson, Ceips, Cotty, Skelton, Owens, Haskins, Martin, Toole, Lourie, Huggins, E. H. Pitts and Talley: 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.
Rep. SINCLAIR made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
S. 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.
Reps. RHOAD and WITHERSPOON proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20273SD03), which was adopted:
Amend the bill, as and if amended, by striking Section 50-5-2725(A) of the 1976 Code, as contained in SECTION 2 and inserting:
/ (A) Except as provided in this chapter, the size, catch, bag, and possession limits, fishing period closures, and requirements pertaining to the taking, release, landing, sale, purchase, trade, or barter of sharks or shark parts prescribed by those federal regulations implemented under the Fishery Conservation and Management Act (PL 94-265) are declared to be the law of this State and apply statewide including in state waters and pertaining to the Fishery Management Plan for Atlantic tuna, swordfish, and sharks are declared to be the law of this State and apply in state waters; provided, however, no federal recreational angling permit or federal charter boat/head boat permit is required for the taking or possession of sharks in the waters of this State. In state waters federal size, catch, bag, and possession limits pertain to individual fishermen when no vessel is utilized. /
Amend the bill further, as and if amended, in Section 50-5-1707(A)(2) of the 1976, line 28, page 1, by striking /boat/ and inserting /person/
Renumber sections to conform.
Amend title to conform.
Rep. WITHERSPOON explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. WITHERSPOON, with unanimous consent, it was ordered that S. 167 (Word version) be read the third time tomorrow.
The following Bill was taken up:
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.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\3268DW03):
Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting:
/ SECTION 1. Section 7-13-350 of the 1976 Code, as last amended by Act 392 of 2002, is further amended by adding:
"(C) The authority charged by law with printing the ballot shall print the name of a candidate accompanied by whatever political parties nominate him and may not print his name more than once." /
Renumber sections to conform.
Amend title to conform.
Rep. SIMRILL explained the amendment.
Rep. GOVAN made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 3082 (Word version) -- Reps. Scarborough, Simrill, Hinson, Merrill, White, Trotter, Thompson, M. A. Pitts and Duncan: 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.
Reps. SCARBOROUGH, HARRISON, MCLEOD, TALLEY, KENNEDY, RICHARDSON, THOMPSON, WHITE, BAILEY, J. BROWN, HINSON, MERRILL, E. H. PITTS, SNOW, TOOLE, JENNINGS, ALTMAN, ANTHONY, FREEMAN, WHIPPER, R. BROWN, MACK, LOFTIS, COATES, LEACH, DAVENPORT, VAUGHN, RICE, HOSEY and BOWERS requested debate on the Bill.
The following Bill was taken up:
H. 3084 (Word version) -- Reps. Talley, Littlejohn, Hinson, Cobb-Hunter, Richardson and Rutherford: 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".
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\9505CM03), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. This act may be cited as the "Youth Access to Tobacco Prevention Act of 2003".
SECTION 2. Section 16-17-500 of the 1976 Code, as last amended by Act 445 of 1996, is further amended to read:
"Section 16-17-500. (A) It shall be is unlawful for any a person to sell, furnish, give, distribute, purchase for, or provide any a minor under the age of eighteen years with cigarettes, tobacco, cigarette paper, or any substitute therefore a tobacco product. Any person violating the provisions of this section, either in person, by agent or in any other way, shall be guilty of a misdemeanor and, upon indictment and conviction, therefor shall be punished as follows:
(1) for a first offense by a fine not exceeding twenty-five dollars;
(2) for a second offense, by a fine not exceeding fifty dollars; and
(3) for a third or subsequent offense, by a fine of not less than one hundred dollars or imprisonment for not more than one year nor less than sixty days, or both.
One-half of any fine imposed shall be paid to the informer of the offense and the other half to the treasurer of the county in which such conviction shall be had.
(B) It is unlawful for a person to sell a tobacco product to an individual who does not present upon demand proper proof of age. Proof of age is not required from an individual who the person reasonably believes to be over twenty-seven years of age. Failure to require identification to verify a person's age shall be used as evidence to the knowing and intentional violation of this provision unless the person knows the individual is at least eighteen years of age. Proof that is demanded, is shown, and reasonably is relied upon for the individual's proof of age is a defense to an action initiated pursuant to this section. To determine whether a person believes an individual is at least twenty-seven years of age, a court may consider, but is not limited to considering, proof of the individual's general appearance, facial characteristics, behavior, and manners. This subsection does not apply to mail order sales.
(C) A retail distributor of tobacco products must train its retail sales employees regarding the provisions contained in this section. In lieu of the penalties contained in subsection (F), a retail establishment that fails to comply with this provision must be fined not more than one thousand dollars. A retail establishment that provides proof that it has complied with the provisions contained in this section is not subject to this penalty.
(D) It is unlawful for an individual less than eighteen years of age to purchase, accept receipt, attempt to purchase, or attempt to accept receipt of a tobacco product, or present or offer to a person proof of age which is false or fraudulent for the purpose of purchasing or possessing a tobacco product. However, a person less than eighteen years of age may be enlisted by local law enforcement agencies to test a community's compliance with this section and to reduce the extent to which tobacco products are sold or distributed to individuals less than eighteen years of age when the testing is under the direct supervision of the law enforcement agency and with the individual's parental consent. In addition, a person less than eighteen years of age may be enlisted by the South Carolina Department of Alcohol and Other Drug Abuse Services, or a county alcohol and drug abuse authority to test an outlet's compliance with this section, with the permission of the individual's parent or guardian, to collect data for the federally mandated Youth Access to Tobacco Study.
(E) It is unlawful for an individual less than eighteen years of age to possess a tobacco product. This subsection does not apply to the possession of tobacco products by an individual less than eighteen years of age who delivers tobacco products pursuant to his employment responsibilities.
(F) Tobacco products may be accessible only in vending machines located in an establishment:
(1) which is open only to persons who are eighteen years of age or older; or
(2) where the vending machine is under continuous control by the owner or licensee of the premises, or an employee of the owner or licensee, can be operated only upon activation by the owner, licensee, or employee before each purchase, and is not accessible to the public when the establishment is closed. The owner, licensee, or employee must demand proof of age from a prospective purchaser if he has reasonable grounds to believe the prospective purchaser is less than twenty-seven years of age. Proof that an owner, licensee, or employee demanded, was shown, and reasonably relied upon an individual's proof of age is a defense to any action brought pursuant to this subsection.
Vending machines which distribute tobacco products in establishments must meet the requirements of this section within one hundred twenty days after the effective date of this section or must be removed.
(G) A person or individual that intentionally or knowingly violates a provision contained in this section either in person, by agent, or in any other way, is guilty of a misdemeanor and, upon conviction, must be punished as follows:
(1) for a first offense, by a fine not less than one hundred dollars;
(2) for a second offense, which occurs within three years of the first offense, by a fine not less than two hundred dollars; and
(3) for a third or subsequent offense, which occurs within three years of the first offense, by a fine not less than three hundred dollars.
All fines must be placed in the state general fund and distributed in the following manner:
(a) one-half must be distributed to the treasurer of the county in which the conviction occurred; and
(b) one-half must be distributed to the county alcohol and drug abuse commission and used for funding youth smoking prevention programs. A violation of this subsection is triable exclusively in either municipal or magistrate court.
A violation of this section is triable exclusively in either municipal or magistrate court.
(H) In lieu of the penalties contained in subsection (G), a court may require an individual who is less than eighteen years of age who illegally purchases or possesses a tobacco product to perform not less than twenty hours of community service for a first offense and not less than forty hours of community service for a second or subsequent offense.
(I) As used in this section 'person' means an individual. 'Person' does not mean a firm, partnership, corporation, company, association, club, or commercial entity the person is associated with.
(J) Notwithstanding any other provision of law, a violation of this section does not violate an establishment's beer and wine permit and is not a ground for revocation or suspension of a beer and wine permit.
(K) A person who is less than eighteen years of age and who has been convicted of violating a provision of this section may have his record expunged upon becoming eighteen years of age if he has paid any fine imposed upon him and successfully completed any court-ordered community service."
SECTION 3. Section 16-17-501 of the 1976 Code, as added by Act 445 of 1996, is amended to read:
"Section 16-17-501. As used in this Section and Sections 16-17-500, 16-17-502, 16-17-503, and 16-17-504:
(1) 'Distribute' means to sell, furnish, give, or provide tobacco products, including tobacco product samples, cigarette paper, or a substitute for them, to the ultimate consumer.
(2) 'Proof of age' means a driver's license or other documentary or written evidence that the individual is eighteen years of age or older identification card issued by this State, or a United States Armed Services identification card.
(3) 'Sample' means a tobacco product distributed to members of the general public at no cost for the purpose of promoting the products.
(4) 'Sampling' means the distribution of samples to members of the general public in a public place.
(5) 'Tobacco product' means a product that contains tobacco and is intended for human consumption."
SECTION 4. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. LUCAS explained the amendment.
The amendment was then adopted.
The question then recurred to the passage of the Bill, as amended, on second reading.
Rep. TROTTER demanded the yeas and nays, which were not ordered.
The Bill, as amended, was read the second time and ordered to third reading by a division vote of 66 to 5.
On motion of Rep. TALLEY, with unanimous consent, it was ordered that H. 3084 (Word version) be read the third time tomorrow.
Rep. SCOTT asked unanimous consent to recall S. 288 (Word version) from the Committee on Judiciary.
Rep. SIMRILL objected.
The Veto on the following Act was taken up:
(R1) S. 129 (Word version) -- Senator Hayes: 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.
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:
Delleney Emory Kirsh McCraw Moody-Lawrence Richardson Simrill
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:
(R2) S. 158 (Word version) -- Senators Ravenel and Grooms: 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.
Rep. ALTMAN moved to adjourn debate on the veto until Tuesday, March 4.
Rep. WHIPPER moved to table the motion to adjourn debate on the Veto, which was rejected by a division vote of 5 to 8.
The question then recurred to the motion to adjourn debate until Tuesday, March 4, which was agreed to.
The Veto on the following Act was taken up:
(R3) S. 188 (Word version) -- Senator Martin: 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.
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:
Owens Rice Skelton Trotter
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 Senate amendments to the following Joint Resolution were taken up for consideration:
H. 3589 (Word version) -- Rep. Cooper: A JOINT RESOLUTION TO PROVIDE THAT NEW APPLICATIONS MAY BE ACCEPTED UNDER THE STATE EMPLOYEE ADOPTION ASSISTANCE PROGRAM FOR A SPECIFIED PERIOD OF TIME UNDER CERTAIN CONDITIONS.
Rep. COOPER explained the Senate Amendments.
The Senate amendments were agreed to, and the Joint Resolution having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration:
S. 310 (Word version) -- Senator Alexander: A BILL TO PROVIDE THAT THE BOND OF THE SUPERINTENDENT OF EDUCATION FOR OCONEE COUNTY AND THE OCONEE COUNTY SCHOOL DISTRICT SUPERINTENDENT OF EDUCATION SHALL BE A MINIMUM OF ONE HUNDRED THOUSAND DOLLARS RATHER THAN TEN THOUSAND DOLLARS.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The following Bills were taken up, read the third time, and ordered sent to the Senate:
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.
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.
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.
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.
The motion period was dispensed with on motion of Rep. TROTTER.
The following Joint Resolution was taken up:
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.
Rep. TOWNSEND moved to commit the Joint Resolution to the Committee on Education and Public Works, which was agreed to.
Rep. TOWNSEND moved to adjourn debate upon the following Bill until Tuesday, March 4, which was adopted:
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, Barfield and Simrill: 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.
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. 2 (Doc Name COUNCIL\DKA\3280DW03), which was adopted:
Amend the joint resolution, as and if amended, SECTION 2, page 2, by inserting after /funds/ on line 43 / and lottery funds /.
Renumber sections to conform.
Amend title to conform.
Rep. TOWNSEND explained the amendment.
The amendment was then adopted.
Rep. COTTY proposed the following Amendment No. 3 (Doc Name COUNCIL\BBM\9510CM03), which was adopted:
Amend the joint resolution, as and if amended, 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, no more than two of which may be instructional 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. COTTY explained the amendment.
Rep. MOODY-LAWRENCE moved to table the amendment.
Rep. KENNEDY demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Anthony Breeland G. Brown J. Brown R. Brown Gourdine Harrell J. Hines M. Hines Hosey Kennedy Lee Limehouse Lloyd Mack McGee Moody-Lawrence J. H. Neal Ott Richardson Scott J. E. Smith Stewart Whipper
Those who voted in the negative are:
Bailey Bales Barfield Battle Bingham Cato Ceips Chellis Clark Clemmons Clyburn Coleman Cooper Cotty Dantzler Delleney Duncan Edge Emory Freeman Frye Gilham Hagood Hamilton Harrison Haskins Herbkersman Hinson Howard Huggins Jennings Keegan Kirsh Koon Leach Littlejohn Lourie Lucas Mahaffey Martin McCraw McLeod Merrill J. M. Neal Neilson Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Quinn Rhoad Rice Rivers Sandifer Scarborough Sheheen Simrill Sinclair Skelton D. C. Smith J. R. Smith W. D. Smith Snow Talley Taylor Thompson Toole Townsend Tripp Trotter Umphlett Vaughn Viers Walker Weeks White Whitmire Wilkins Witherspoon Young
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment.
Rep. KENNEDY demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Bales Barfield Battle Bingham Bowers Branham Cato Ceips Chellis Clark Clemmons Clyburn Coleman Cooper Cotty Dantzler Delleney Duncan Edge Emory Freeman Frye Gilham Hagood Hamilton Harrison Haskins Herbkersman J. Hines Hinson Huggins Jennings Keegan Kirsh Koon Leach Littlejohn Loftis Lourie Lucas Mahaffey Martin McCraw McLeod Merrill Miller J. M. Neal Neilson Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Quinn Rhoad Rice Rivers Sandifer Scott Sheheen Sinclair Skelton D. C. Smith J. R. Smith Snow Stewart Talley Taylor Toole Townsend Tripp Trotter Umphlett Vaughn Viers Walker Weeks White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Anthony Breeland G. Brown R. Brown Gourdine Harrell M. Hines Hosey Kennedy Limehouse Lloyd Mack Moody-Lawrence J. H. Neal Ott Richardson Scarborough Simrill J. E. Smith Thompson Whipper
So, the amendment was adopted.
Rep. OTT moved to adjourn debate on the Joint Resolution until Tuesday, March 4.
Rep. TOWNSEND moved to table the motion.
Rep. OTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Ceips Chellis Cotty Duncan Gilham Herbkersman Keegan Kirsh Littlejohn Mahaffey Martin McGee Perry Pinson M. A. Pitts Sandifer Skelton Stille Taylor Townsend Walker
Those who voted in the negative are:
Altman Anthony Bailey Bales Barfield Battle Bingham Bowers Branham Breeland G. Brown J. Brown R. Brown Cato Clark Clemmons Coates Coleman Dantzler Delleney Edge Emory Freeman Frye Gourdine Govan Hagood Harrell Harrison Haskins J. Hines M. Hines Hinson Hosey Huggins Kennedy Koon Leach Lloyd Lourie Lucas Mack McCraw Merrill Miller Moody-Lawrence J. H. Neal J. M. Neal Neilson Ott Owens Parks Phillips E. H. Pitts Quinn Rice Richardson Rivers Scarborough Sheheen Simrill J. E. Smith J. R. Smith Snow Stewart Talley Thompson Toole Trotter Umphlett Viers Weeks Whipper White Whitmire Witherspoon Young
So, the House refused to table the motion.
The question then recurred to the motion to adjourn debate until Tuesday, March 4.
Rep. TOWNSEND demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anthony Bailey Bales Barfield Battle Bingham Bowers Branham Breeland G. Brown R. Brown Clark Clemmons Clyburn Coleman Delleney Freeman Frye Gourdine Govan Hagood Harrell Harrison Haskins J. Hines M. Hines Hosey Howard Jennings Kennedy Koon Leach Limehouse Lloyd Lucas Mack McCraw Merrill Moody-Lawrence Neilson Ott Parks Perry Phillips E. H. Pitts Quinn Rice Richardson Rivers Scarborough Sheheen Simrill F. N. Smith J. E. Smith J. R. Smith Snow Stewart Thompson Toole Tripp Vaughn Viers Weeks Whipper
Those who voted in the negative are:
Cato Ceips Chellis Coates Cobb-Hunter Cotty Dantzler Duncan Edge Emory Gilham Hamilton Herbkersman Hinson Huggins Keegan Kirsh Littlejohn Lourie Mahaffey Martin McGee J. H. Neal J. M. Neal Owens Pinson M. A. Pitts Rhoad Rutherford Sandifer Sinclair Skelton W. D. Smith Stille Talley Taylor Townsend Trotter Umphlett Walker White Witherspoon
So, the motion to adjourn debate was agreed to.
Rep. TOWNSEND moved that the House recur to the Morning Hour, which was agreed to.
Rep. TROTTER, from the Pickens Delegation, submitted a favorable report on:
H. 3498 (Word version) -- Reps. Trotter, Owens and Skelton: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF THE PICKENS COUNTY SCHOOL DISTRICT MUST BE SET BY THE BOARD OF TRUSTEES OF THE DISTRICT IN ITS SOLE DISCRETION PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.
Ordered for consideration tomorrow.
The following was introduced:
H. 3708 (Word version) -- Reps. Ceips, Herbkersman, Lloyd, Young, Bailey, Barfield, Bowers, Breeland, R. Brown, Chellis, Clemmons, Edge, Gilham, Hagood, Haskins, Hinson, Keegan, Limehouse, Mack, Mahaffey, Merrill, Miller, Rivers, Scarborough, Umphlett, Viers and Witherspoon: A CONCURRENT RESOLUTION EXPRESSING THE CONCERN OF THE GENERAL ASSEMBLY OVER THE PRESENCE OF CHLORAMPHENICOL AND OTHER BANNED VETERINARY DRUGS IN IMPORTED SHRIMP AND CALLING ON THE FEDERAL GOVERNMENT TO TAKE IMMEDIATE AND FOCUSED EFFORTS TO IMPROVE ENFORCEMENT OF FOOD IMPORT RESTRICTIONS OF SEAFOOD IMPORTS IN ORDER TO PROTECT UNITED STATES CONSUMERS AND ENSURE SAFETY OF THE FOOD SUPPLY.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 3709 (Word version) -- Rep. Perry: A CONCURRENT RESOLUTION TO CONGRATULATE BOY SCOUT ERIC RYAN KYLE OF AIKEN ON RECEIVING THE PRESTIGIOUS EAGLE SCOUT BADGE, COMMEND HIM FOR HIS HARD WORK, PERSEVERANCE, AND MANY ACHIEVEMENTS WHILE EARNING THE HIGHEST AWARD IN SCOUTING, AND WISH HIM EVERY SUCCESS IN ALL OF HIS FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committee:
H. 3710 (Word version) -- Reps. Stille, Duncan, Keegan, Leach, Littlejohn, McCraw, Phillips, Pinson, M. A. Pitts and Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 42 SO AS TO ENACT THE "SOUTH CAROLINA GARNISHMENT ACT OF 2003", WHICH PROVIDES PROCEDURES WHICH GRANT TO PERSONS WHO HAVE SUED TO RECOVER CERTAIN DEBTS OR HAVE RECOVERED CERTAIN JUDGMENTS AGAINST ANOTHER PERSON A RIGHT TO A WRIT OF GARNISHMENT, SUBJECTING TO GARNISHMENT UP TO SPECIFIED LIMITATIONS SALARY AND WAGES, INTEREST, RENTS, DIVIDENDS, CAPITAL GAINS, BONUSES, AND COMMISSIONS OF THE DEBTOR; AND TO REPEAL SECTION 37-5-104 RELATING TO THE PROHIBITION AGAINST GARNISHMENTS ARISING OUT OF CONSUMER CONTRACTS.
Referred to Committee on Judiciary
H. 3711 (Word version) -- Reps. Whipper, Breeland, Hosey, M. Hines, Branham, G. Brown, Freeman, Jennings, Littlejohn, Lloyd, Mack, Martin, Miller, Moody-Lawrence, Rhoad and Richardson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 18 TO CHAPTER 3, TITLE 16 SO AS TO PROVIDE PENALTIES FOR A PERSON CONVICTED OF A CRIME CONTAINED IN THIS CHAPTER WITH THE INTENT TO ASSAULT, INTIMIDATE, OR THREATEN A PERSON BECAUSE OF HIS RACE, RELIGION, COLOR, SEX, AGE, NATIONAL ORIGIN, OR SEXUAL ORIENTATION; AND TO AMEND SECTIONS 16-11-510 AND 16-11-520, BOTH AS AMENDED, RELATING TO MALICIOUS INJURY TO PERSONAL AND REAL PROPERTY, SO AS TO REVISE THE PENALTIES FOR MALICIOUS INJURY TO REAL PROPERTY OFFENSES, AND TO PROVIDE ADDITIONAL PENALTIES FOR PERSONS WHO MALICIOUSLY INJURE PERSONAL OR REAL PROPERTY OF ANOTHER PERSON WITH THE INTENT TO ASSAULT, INTIMIDATE, OR THREATEN THAT PERSON.
Referred to Committee on Judiciary
Rep. CLYBURN moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 3583 (Word version) -- Reps. Neilson, J. Hines, Gourdine, Hosey, Govan, Barfield, Battle, Bowers, Davenport, Freeman, M. Hines, Leach, McCraw, Miller, Moody-Lawrence, Phillips, G. M. Smith, J. R. Smith, Snow, Thompson, Vaughn and Weeks: A CONCURRENT RESOLUTION TO URGE THE SOUTH CAROLINA CONGRESSIONAL DELEGATION, AND SPECIFICALLY THE HONORABLE JOHN SPRATT, TO AWARD WILLIAM G. "BILLY" FARROW THE CONGRESSIONAL MEDAL OF HONOR FOR HIS VALOR EXHIBITED IN LAYING DOWN HIS LIFE FOR HIS COUNTRY DURING DOOLITTLE'S RAID ON TOKYO, APRIL 18, 1942.
At 12:00 noon the House, in accordance with the motion of Rep. BREELAND, adjourned in memory of Annabelle H. McCrea, to meet at 10:00 a.m. tomorrow.
This web page was last updated on Wednesday, June 24, 2009 at 3:30 P.M.