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 Isaiah 1:17: "Learn to do right, seek justice, encourage the oppressed."
Let us pray. Lord, go with us today. Guide us through the obstructions and delicate areas of daily life. Bless us with the certainty of Your love in time of confusion, with hope in time of despair, with trust in time of doubt, with love in time of anger. We pray for all who try and fail. Bless our President with wisdom and our troops with courage and Your protection. We bring these prayers before Your throne of grace. 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. MCCRAW moved that when the House adjourns, it adjourn in memory of Robert Campbell of Gaffney, which was agreed to.
The House stood in silent prayer for Ryan Hutchinson of South Carolina, who is missing in action in the Middle East conflict, all the other comrades missing in action, and for all those serving our country at this time.
The following was received and referred to the appropriate committee for consideration:
Document No. 2820
Agency: Department of Public Safety
Statutory Authority: 1976 Code Section 56-10-640
Motorist Insurance Identification Database Program
Received by Speaker of the House of Representatives
April 9, 2003
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration August 7, 2003 (Subject to Sine Die Revision)
Document No. 2798
Agency: Board of Education
Statutory Authority: 1976 Code Sections 59-5-60 and 59-40-10
Procedures and Standards for Review of Charter School Applications
Received by Speaker of the House of Representatives
January 15, 2003
Referred to Education and Public Works Committee
Legislative Review Expiration May 14, 2003
Withdrawn and Resubmitted March 9, 2003
Document No. 2793
Agency: Board of Education
Statutory Authority: 1976 Code Sections 59-5-60 and 59-40-10
Charter School Appeals
Received by Speaker of the House of Representatives
January 14, 2003
Referred to Education and Public Works Committee
Legislative Review Expiration May 13, 2003
Withdrawn and Resubmitted March 9, 2003
Document No. 2776
Agency: Board of Education
Statutory Authority: 1976 Code Sections 59-5-60 and 59-25-110
Credential Classification
Received by Speaker of the House of Representatives
January 14, 2003
Referred to Education and Public Works Committee
Legislative Review Expiration May 13, 2003
Withdrawn and Resubmitted April 9, 2003
The Senate amendments to the following Bill were taken up for consideration:
S. 438 (Word version) -- Banking and Insurance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 23 TO TITLE 37, RELATING TO CONSUMER PROTECTION SO AS TO ENACT THE "SOUTH CAROLINA HIGH-COST AND CONSUMER HOME LOANS ACT", TO PROHIBIT A MUNICIPALITY OR COUNTY FROM REGULATING THE SUBJECT LOANS, TO DEFINE THE SUBJECT LOANS, TO PROHIBIT PROVISIONS IN A HIGH-COST HOME LOAN AGREEMENT FOR ACCELERATION, BALLOON PAYMENT, NEGATIVE AMORTIZATION, INTEREST INCREASE, ADVANCE PAYMENTS FROM LOAN PROCEEDS, AND ADDITIONAL FEES IN CERTAIN CIRCUMSTANCES, TO REQUIRE A HIGH-COST HOME LOAN LENDER TO ENSURE THAT THE BORROWER RECEIVES THE OPPORTUNITY FOR LOAN COUNSELING AND IS REASONABLY ABLE TO MEET HIS LOAN OBLIGATIONS, TO PROHIBIT THE FINANCING OF CERTAIN FEES IN CONNECTION WITH MAKING A HIGH-COST HOME LOAN AND THE CHARGING OF POINTS AND FEES IN CONNECTION WITH THE REFINANCING OF AN EXISTING HIGH-COST HOME LOAN, TO PROVIDE FOR CERTAIN DISCLOSURES TO THE BORROWER BEFORE THE LOAN IS MADE, TO REGULATE THE PAYMENT OF A HOME IMPROVEMENT CONTRACTOR FROM THE PROCEEDS OF A HIGH-COST HOME LOAN, TO PROVIDE THAT A VIOLATION OF THE HIGH-COST HOME LOAN PROHIBITIONS OR RESTRICTIONS IS AN UNFAIR TRADE PRACTICE PURSUANT TO CHAPTER 5 OF TITLE 39 AND TO REQUIRE ELECTION BY THE CLAIMANT, TO PROVIDE FOR ENFORCEMENT BY THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS, ATTORNEY GENERAL, COMMISSIONER OF BANKING, OR A PARTY TO THE LOAN, TO PROVIDE FOR REMEDIES AND PENALTIES FOR VIOLATIONS OF THE HIGH-COST HOME LOAN RESTRICTIONS AND PROHIBITIONS INCLUDING ATTORNEY'S FEES, TO PROVIDE FOR ESTABLISHMENT OF GOOD FAITH BY A HIGH-COST HOME LOAN LENDER, TO PROVIDE CERTAIN RESTRICTIONS AND PROHIBITIONS IN THE MAKING OF A CONSUMER HOME LOAN, INCLUDING RESTRICTIONS ON THE CHARGING OF POINTS AND FEES AND THE PROHIBITION OF "FLIPPING" A LOAN, FINANCING CERTAIN INSURANCE PREMIUMS, AND ENCOURAGING DEFAULT OF A PREVIOUS LOAN, TO PROVIDE THAT A VIOLATION OF THE CONSUMER HOME LOAN RESTRICTIONS OR PROHIBITIONS IS AN UNFAIR TRADE PRACTICE AND TO REQUIRE ELECTION BY THE CLAIMANT, TO PROVIDE FOR PENALTIES AND REMEDIES INCLUDING ATTORNEY'S FEES; TO PROVIDE FOR REPAYMENT WITHOUT PENALTY OF CERTAIN LOANS; TO AMEND SECTION 37-10-103, RELATING TO PREPAYMENT WITHOUT PENALTY OF CERTAIN LOANS, SO AS TO INCREASE THE LOAN LIMIT FROM ONE HUNDRED THOUSAND DOLLARS TO ONE HUNDRED FIFTY THOUSAND DOLLARS; TO AMEND SECTION 37-1-109, RELATING TO THE CHANGE OF DOLLAR AMOUNTS IN THE CONSUMER PROTECTION CODE, SO AS TO ADD THAT LIMIT OF ONE HUNDRED FIFTY THOUSAND DOLLARS AS AN AMOUNT SUBJECT TO CHANGE ACCORDING TO CERTAIN INDICES; BY ADDING SECTIONS 37-2-309 AND 37-3-308 SO AS TO REQUIRE CERTAIN DISCLOSURES IN CONNECTION WITH THE CREDIT SALE OF A PURCHASER-OCCUPIED MANUFACTURED HOME OR A LOAN FOR THE PURCHASE, REFINANCING, OR CONSOLIDATION OF A LOAN SECURED BY A BORROWER-OCCUPIED MANUFACTURED HOME; TO AMEND SECTION 37-5-203, RELATING TO CIVIL PENALTIES FOR VIOLATION OF DISCLOSURE PROVISIONS, SO AS TO REFERENCE THE DISCLOSURES REQUIRED IN CONNECTION WITH A CREDIT SALE OF OR LOAN SECURED BY A MANUFACTURED HOME AND TO INCREASE THE PENALTY AMOUNT; TO AMEND SECTION 37-5-108, AS AMENDED, RELATING TO UNCONSCIONABILITY IN CONSUMER CREDIT TRANSACTIONS, SO AS TO PROVIDE THAT IF, CONSIDERING CERTAIN FACTORS, THE CONSUMER IS UNABLE TO MAKE SCHEDULED PAYMENTS ON THE OBLIGATION WHEN DUE OR IS PERMITTED TO ENTER INTO A TRANSACTION FROM WHICH HE DERIVES NO SUBSTANTIAL BENEFIT, THE COURT MAY FIND THE TRANSACTION UNCONSCIONABLE; AND TO AMEND SECTION 37-3-201, AS AMENDED, RELATING TO LOAN FINANCE CHARGES ON CONSUMER LOANS, SO AS TO PROVIDE THAT CERTAIN RESTRICTIONS APPLY TO A LOAN BY A SUPERVISED LENDER WITH SCHEDULED LOAN PAYMENTS OF FEWER THAN ONE HUNDRED TWENTY DAYS INCLUDING DISCLOSURE REQUIREMENTS, PROHIBITION ON PREPAYMENT PENALTIES, AND LIMITS ON RENEWALS.
The House refused to agree to the Senate amendments and a message was ordered sent accordingly.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
H. 3429 (Word version) -- Reps. Cotty and Cato: A BILL TO REPEAL SECTION 27-33-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESPONSIBILITIES OF LANDLORDS AND TENANTS FOR UTILITIES, WATER, SEWERAGE, AND GARBAGE SERVICES.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
H. 3080 (Word version) -- Reps. Easterday and Hinson: A BILL TO AMEND TITLE 58, CHAPTER 3, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUBLIC SERVICE COMMISSION, BY ADDING SECTION 58-3-230 SO AS TO PROHIBIT THE UNAUTHORIZED CHANGE OF A CUSTOMER'S UTILITY SERVICE PROVIDER, TO REQUIRE THAT THE AUTHORIZATION BE OBTAINED PURSUANT TO APPROPRIATE STATE AND FEDERAL REGULATIONS, TO PROVIDE THAT THE AUTHORIZATION FOLLOWS THE CUSTOMER, AND TO ESTABLISH PENALTIES.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
S. 448 (Word version) -- Senators McConnell, Ford and Pinckney: A BILL TO AMEND SECTION 40-82-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIQUID PETROLEUM GAS DEALER STORAGE CAPACITY REQUIREMENTS SO AS TO PROVIDE THAT A DEALER MUST HAVE OR HAVE ACCESS TO FACILITIES WITH A CAPACITY OF A MINIMUM 30,000 WATER GALLONS WITHIN CLOSE PROXIMITY TO THE AREA TO BE SERVED AND TO DELETE THE PROVISION REQUIRING LEASED STORAGE CAPACITY TO BE DEDICATED TO THE EXCLUSIVE USE OF THE LESSEE.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
H. 3133 (Word version) -- Reps. Altman and Umphlett: A BILL TO AMEND SECTION 20-7-473, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MARITAL AND NONMARITAL PROPERTY FOR PURPOSES OF JUDICIAL APPORTIONMENT DURING MARITAL LITIGATION, SO AS TO INCLUDE AS NONMARITAL PROPERTY ANY PROPERTY THAT IS NEITHER ACQUIRED WITH MARITAL FUNDS NOR TITLED IN THE NAME OF ONE OR THE OTHER SPOUSE, OR BOTH OF THEM, AND TO PROVIDE THAT THE PROPERTY MAY NOT BE APPORTIONED PERMANENTLY OR TEMPORARILY NOR TRANSMUTED INTO MARITAL PROPERTY FOR ANY PURPOSE.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3572 (Word version) -- Rep. Keegan: A BILL TO AMEND SECTION 61-4-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATIONS FOR PERMITS FOR SELLING BEER AND WINE, SO AS TO PROHIBIT THE ISSUANCE OF A PERMIT IF THE APPLICANT CONDUCTS GAMES USING FIREARMS AT WHICH PRIZES ARE AWARDED ON THE PROPERTY ON WHICH THE PLACE OF BUSINESS IS LOCATED AND IS TO BE LICENSED FOR ON-PREMISES CONSUMPTION OF BEER OR WINE.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
H. 3552 (Word version) -- Reps. Lourie, J. E. Smith, Rivers, Hosey, Altman, Anthony, Dantzler, J. Hines, McCraw, Moody-Lawrence, Richardson, Scarborough and Umphlett: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-1-45 SO AS TO PROVIDE THAT DEPARTMENT OF SOCIAL SERVICES AND ADULT PROTECTIVE SERVICES EMPLOYEES MUST REPORT KNOWN OR SUSPECTED INSTANCES OF ANIMAL CRUELTY, FIGHTING, OR BAITING, TO PROVIDE FOR IMMUNITY FROM LIABILITY FOR REPORTING PURSUANT TO THIS SECTION, TO PROVIDE THAT ANY VETERINARIAN OR OTHER PERSON MAY REPORT SUSPECTED ANIMAL CRUELTY, FIGHTING, OR BAITING, AND TO PROVIDE FOR IMMUNITY FROM CIVIL AND CRIMINAL LIABILITY FOR REPORTING PURSUANT TO THIS SECTION; TO AMEND SECTION 20-7-510, AS AMENDED, RELATING TO PERSONS REQUIRED OR PERMITTED TO REPORT CHILD ABUSE OR NEGLECT, SO AS TO INCLUDE AN OFFICER OR AGENT OF THE SOUTH CAROLINA SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS OR OF A SOCIETY INCORPORATED FOR THE PREVENTION OF CRUELTY TO ANIMALS AND AN ANIMAL CONTROL OFFICER WITHIN THE SECTION AND MAKE A TECHNICAL CORRECTION; AND TO AMEND SECTION 43-35-25, RELATING TO PERSONS REQUIRED TO REPORT ABUSE, NEGLECT, OR EXPLOITATION OF VULNERABLE ADULTS, SO AS TO INCLUDE AN OFFICER OR AGENT OF THE SOUTH CAROLINA SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS OR OF A SOCIETY INCORPORATED FOR THE PREVENTION OF CRUELTY TO ANIMALS OR AN ANIMAL CONTROL OFFICER WITHIN THE SECTION.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3212 (Word version) -- Rep. Lourie: A BILL TO AMEND SECTION 23-6-435, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIRED CONTINUING LAW ENFORCEMENT EDUCATION CREDITS IN DOMESTIC VIOLENCE, SO AS TO ALSO REQUIRE CREDITS IN VULNERABLE ADULT ABUSE.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3587 (Word version) -- Rep. Rhoad: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1550 SO AS TO PROVIDE THAT IN PROCEEDINGS IN WHICH CHILD CUSTODY AND VISITATION ARE IN DISPUTE THERE IS A PRESUMPTION THAT JOINT CUSTODY IS IN THE BEST INTEREST OF THE CHILD, TO REQUIRE THE COURT TO ORDER JOINT CUSTODY ABSENT WRITTEN FINDINGS THAT A PARENT IS UNFIT OR GEOGRAPHICALLY REMOVED, AND TO REQUIRE THE COURT TO EQUALIZE AND PROMOTE OPPORTUNITIES FOR EACH PARENT TO BE INVOLVED IN ACTIVITIES IN THE CHILD'S LIFE IN AND OUT OF SCHOOL.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
S. 508 (Word version) -- Senators McConnell, Alexander, Anderson, Branton, Courson, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Holland, Hutto, Jackson, Knotts, Kuhn, Land, Leatherman, Leventis, Malloy, Martin, Matthews, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Setzler, Short, J. V. Smith, Thomas, Verdin and Waldrep: A BILL TO AMEND SECTION 25-1-2260 OF THE 1976 CODE, RELATING TO A JUDGE'S DUTY TO GRANT A CONTINUANCE IN A COURT CASE WHEN A PARTY OR HIS ATTORNEY IS ON ACTIVE DUTY AS A MEMBER OF THE NATIONAL GUARD, SO AS TO ALSO REQUIRE A JUDGE TO GRANT A CONTINUANCE IN A COURT CASE WHEN A PARTY OR HIS ATTORNEY IS ON ACTIVE DUTY AS A MEMBER OF THE RESERVES.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
H. 3332 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND SECTION 44-53-391, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL ADVERTISEMENT FOR SALE, MANUFACTURE, SALE, DELIVERY, OR POSSESSION WITH INTENT TO SELL OR DELIVER PARAPHERNALIA, SO AS TO MAKE TECHNICAL CHANGES, AND TO REVISE THE PENALTIES.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3516 (Word version) -- Reps. Vaughn, Whipper, Hamilton, Bailey, Chellis, Frye, Gilham, Haskins, Howard, Koon, Littlejohn, Mahaffey, Sinclair, Snow, Stille, Taylor and Cotty: A BILL TO AMEND SECTION 16-13-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL FAILURE TO RETURN CERTAIN RENTAL PROPERTY OR THE FRAUDULENT APPROPRIATION OF SUCH PROPERTY, SO AS TO PROVIDE THAT THE VALUE OF THE LOSS OF REVENUE CAUSED BY THE UNLAWFUL WITHHOLDING OR FRAUDULENT APPROPRIATION OF RENTAL PROPERTY MAY BE CONSIDERED FOR THE PURPOSES OF COMPUTING THE APPLICABLE PENALTY, TO PROVIDE THAT A CIRCUIT COURT JUDGE OR MAGISTRATE MAY ORDER RESTITUTION IN AMOUNT BASED ON THE VALUE OF THE LOSS OF REVENUE OR DAMAGE TO THE RENTED ITEM; AND TO AMEND SECTION 22-3-550, AS AMENDED, RELATING TO MAGISTRATES' AUTHORITY TO ORDER RESTITUTION, SO AS TO REMOVE THE LIMITATION THAT SUCH RESTITUTION BE IN AN AMOUNT NOT TO EXCEED FIVE THOUSAND DOLLARS.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3187 (Word version) -- Reps. Merrill, Viers, Stille, Walker, Richardson and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-17-55 SO AS TO PROHIBIT THE USE OF PUBLIC FUNDS TO EMPLOY OR CONTRACT WITH A LOBBYIST AND TO PROVIDE EXCEPTIONS.
Ordered for consideration tomorrow.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:
H. 3220 (Word version) -- Reps. Lourie, Bailey, Bales, Littlejohn, Clemmons, Cotty and Weeks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 TO CHAPTER 38, TITLE 43 SO AS TO CREATE THE VOLUNTEER LONG TERM CARE ADVOCATE PROGRAM UNDER THE LONG TERM CARE OMBUDSMAN PROGRAM WITHIN THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, TO ESTABLISH THE STRUCTURE OF THE VOLUNTEER PROGRAM, TO PROVIDE FOR THE DUTIES AND RESPONSIBILITIES OF THE DEPARTMENT AND THE OMBUDSMAN PROGRAM, AND TO REQUIRE THE DEPARTMENT INITIALLY TO IMPLEMENT THIS PROGRAM IN LIMITED AREAS USING CIVIL MONEY PENALTIES FUNDS AND TO EXPAND THE PROGRAM AS FUNDS BECOME AVAILABLE, AND TO DESIGNATE SECTIONS 43-38-10 THROUGH 43-38-60 AS ARTICLE 1, CHAPTER 38, TITLE 43 AND TO NAME ARTICLE 1 "HEALTH FACILITY INVESTIGATIONS".
Ordered for consideration tomorrow.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:
H. 3591 (Word version) -- Rep. Davenport: A BILL TO AMEND TITLE 40, CHAPTER 25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRACTICE OF SPECIALIZING IN HEARING AIDS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY, ORGANIZATIONAL, AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS IN CHAPTER 1, TITLE 40, TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF HEARING AID SPECIALISTS, INCLUDING PROVIDING PENALTIES FOR VIOLATIONS, TO DEVOLVE THE POWERS, DUTIES, FUNCTIONS, AND RESPONSIBILITIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL REGARDING THE "PRACTICE OF SPECIALIZING IN HEARING AIDS ACT" UNDER CHAPTER 25, TITLE 40 UPON THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, AND TO PROVIDE THAT THE COMMISSION FOR HEARING AID SPECIALISTS SHALL ACT AS A PROFESSIONAL AND OCCUPATIONAL LICENSING BOARD FOR HEARING AID SPECIALISTS WITHIN THE DEPARTMENT OF LABOR, LICENSING AND REGULATION.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report on:
H. 3677 (Word version) -- Rep. Talley: A BILL TO AMEND SECTIONS 59-1-390, 59-1-448, 59-1-452, AS AMENDED, 59-5-61, 59-5-65, AS AMENDED, 59-5-140, 59-18-920, 59-20-40, AS AMENDED, 59-24-10, AS AMENDED, 59-24-130, 59-39-100, AS AMENDED, 59-54-20, AS AMENDED, 59-54-40, AS AMENDED, 59-54-50, 59-54-60, AND ARTICLE 21, CHAPTER 53, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO VOCATIONAL EDUCATION, SO AS TO CHANGE REFERENCES FROM "VOCATIONAL EDUCATION", "VOCATIONAL TRAINING", "VOCATIONAL PROGRAMS", AND OTHERS TO "CAREER AND TECHNOLOGY EDUCATION", "CAREER AND TECHNOLOGY TRAINING", "CAREER AND TECHNOLOGY PROGRAMS", TO MAKE OTHER CORRESPONDING CHANGES, AND TO MAKE TECHNICAL CORRECTIONS.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report on:
H. 3805 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 59-26-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE STATE BOARD OF EDUCATION AND COMMISSION ON HIGHER EDUCATION, SO AS TO DELETE A SENTENCE PROVIDING THAT THE DEFINITIONS USED IN THE FEDERAL PERKINS LOAN PROGRAM SERVE AS THE BASIS FOR DEFINING "CRITICAL GEOGRAPHIC AREA", AND TO MAKE OTHER NONSUBSTANTIVE CHANGES.
Ordered for consideration tomorrow.
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:
H. 3899 (Word version) -- Reps. Harrell, Wilkins, Altman, Bailey, Bales, Battle, Bingham, Cato, Ceips, Clark, Cooper, Cotty, Dantzler, Duncan, Edge, Gilham, Harrison, Haskins, Herbkersman, Huggins, Jennings, Keegan, Leach, Limehouse, Littlejohn, Loftis, E. H. Pitts, Cobb-Hunter, Mahaffey, McCraw, J. H. Neal, Mack, Perry, Howard, Quinn, Rhoad, Rutherford, Rice, Sandifer, Skelton, D. C. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Talley, Thompson, Tripp, Trotter, Umphlett, Vaughn, White, Whitmire and Witherspoon: A BILL TO ENACT THE SOUTH CAROLINA RESEARCH UNIVERSITY RESTRUCTURING AND INFRASTRUCTURE ACT OF 2003; TO AMEND SECTIONS 59-103-5, 59-103-10, AS AMENDED, 59-103-15, AS AMENDED, 59-103-20, AS AMENDED, 59-103-25, 59-103-30, 59-103-35, AS AMENDED, 59-103-36, 59-103-40, 59-103-45, AS AMENDED, 59-103-60, AS AMENDED, 59-103-65, 59-103-70, 59-103-90, AS AMENDED, 59-103-130, 59-103-140, 59-103-150, 59-103-160, 59-103-165, 59-103-170, 59-103-180, 59-103-190, 59-103-195, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO DEFINE CERTAIN TERMS, CHANGE THE COMPOSITION OF THE COMMISSION TO DELETE REPRESENTATIVES OF THE RESEARCH UNIVERSITIES FROM THE COMMISSION, PROVIDE WHEN RESEARCH UNIVERSITIES ARE SUBJECT TO THE PROVISIONS OF THIS CHAPTER, AND MAKE OTHER TECHNICAL CHANGES; BY ADDING SECTION 59-103-210, SO AS TO EXEMPT RESEARCH UNIVERSITIES FROM THE PROVISIONS OF CHAPTER 103, TITLE 59 AND THE COUNCIL OF THE COMMISSION ON HIGHER EDUCATION UNLESS EXPRESSLY STATED IN THE CHAPTER; BY ADDING SECTION 59-103-220 SO AS TO DIRECT THE COMMISSION ON HIGHER EDUCATION, THE RESEARCH OVERSIGHT COUNCIL, PUBLIC AND PRIVATE INSTITUTIONS OF HIGHER LEARNING, AND RESEARCH UNIVERSITIES TO WORK TOGETHER TO IMPROVE SERVICE AND EDUCATION; BY ADDING CHAPTER 155 TO TITLE 59 SO AS TO CREATE THE SOUTH CAROLINA RESEARCH OVERSIGHT COUNCIL, DEFINE CERTAIN TERMS, PROVIDE FOR THE MEMBERSHIP OF THE COUNCIL, SET FORTH THE COUNCIL'S MISSION, GOALS, POWERS, DUTIES, AND RESPONSIBILITIES, PROVIDE FOR THE COUNCIL'S COLLECTION OF DATA AND THE MEASURE OF PERFORMANCE FOR RESEARCH UNIVERSITIES, PROVIDE FOR THE PREPARATION OF A BUDGET FOR RESEARCH UNIVERSITIES, SET FORTH THE RESPONSIBILITY OF THE RESEARCH OVERSIGHT COUNCIL TO MAKE RECOMMENDATIONS REGARDING RESEARCH UNIVERSITIES, PROVIDE FUNDING FOR THE COUNCIL, PROVIDE AN EXECUTIVE DIRECTOR AND STAFF FOR THE COUNCIL, PROVIDE FOR THE CREATION OF COMMITTEES, PROVIDE FOR THE APPROVAL OF NEW FACILITIES WITH RESPECT TO RESEARCH UNIVERSITIES, PROVIDE FOR EXPENDITURE OF NONSTATE FUNDS AND THE USE OF FEE WAIVERS, PROVIDE RESEARCH GRANT POSITIONS PURSUANT TO CERTAIN CONDITIONS AND CERTAIN FUNDING SOURCES; TO AMEND SECTION 2-75-10 AND SECTION 2-75-70, BOTH RELATING TO THE RESEARCH CENTERS OF EXCELLENCE REVIEW BOARD, SO AS TO CONFORM ACTIVITIES OF THE RESEARCH CENTERS OF EXCELLENCE REVIEW BOARD WITH THE DUTIES AND POWERS OF THE RESEARCH OVERSIGHT COUNCIL; TO AMEND SECTION 11-35-710, AS AMENDED, RELATING TO EXEMPTIONS FROM THE PROCUREMENT CODE, SO AS TO PROVIDE THAT CONSTRUCTION OF A FACILITY ON LAND OWNED OR OCCUPIED BY A RESEARCH UNIVERSITY IS EXEMPT FROM THE PROCUREMENT CODE PROVIDED CERTAIN CONDITIONS ARE MET; TO AMEND SECTIONS 59-118-30, AS AMENDED, 59-118-60, 59-118-70, 59-118-80, 59-118-90, 59-118-100, ALL RELATING TO THE SOUTH CAROLINA ACADEMIC ENDOWMENT ACT, AND TO ADD SECTIONS 59-118-75, 59-118-95, AND 59-118-105 SO AS TO DEFINE "RESEARCH UNIVERSITY" AND PROVIDE THAT THE PORTION OF STATE MATCHING FUNDS THAT ARE CURRENTLY AVAILABLE TO RESEARCH UNIVERSITIES WILL BE ADMINISTERED BY THE RESEARCH OVERSIGHT COUNCIL; BY ADDING CHAPTER 51 TO TITLE 11 SO AS TO ENACT THE STATE GENERAL OBLIGATION ECONOMIC DEVELOPMENT AND RESEARCH UNIVERSITY BOND ACT, DEFINE CERTAIN TERMS, PROVIDE FOR THE ISSUANCE AND SALE OF BONDS PURSUANT TO CERTAIN CONDITIONS, PROVIDE FOR NOTIFICATION TO THE JOINT BOND REVIEW COMMITTEE AND THE STATE BUDGET AND CONTROL BOARD, PROVIDE FOR EXPIRATION OF THE RIGHT TO ISSUE BONDS, PROVIDE FOR AN AUTHORIZING RESOLUTION TO ISSUE THE BONDS, PROVIDE FOR MATURITY OF THE BONDS, PROVIDE FOR TAX EXEMPT STATUS OF THE BONDS, PROVIDE FOR PAYMENT OF PRINCIPAL AND INTEREST ON THE BONDS, PROVIDE FOR PURCHASE OF BONDS, PROVIDE FOR EXPENDITURE OF PROCEEDS OF THE BONDS; AND TO REPEAL CHAPTER 41 OF TITLE 11 RELATING TO THE STATE GENERAL OBLIGATION ECONOMIC DEVELOPMENT BOND ACT.
Ordered for consideration tomorrow.
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:
H. 3900 (Word version) -- Reps. Harrell, Wilkins, Cato, Keegan, Cooper, Loftis, Altman, Ceips, Clark, Clemmons, Dantzler, Duncan, Haskins, Herbkersman, Hinson, Huggins, Limehouse, Littlejohn, Cobb-Hunter, Mahaffey, Perry, E. H. Pitts, Mack, M. A. Pitts, Richardson, J. H. Neal, Howard, Sandifer, Simrill, Skelton, J. R. Smith, Snow, Trotter, Umphlett, Whitmire, Witherspoon and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 45 TO TITLE 11 SO AS TO ENACT THE "VENTURE CAPITAL INVESTMENT ACT OF SOUTH CAROLINA" TO PROVIDE FOR THE ESTABLISHMENT OF A FUND SEPARATE AND DISTINCT FROM THE STATE GENERAL FUND IN THE DEPARTMENT OF COMMERCE KNOWN AS THE VENTURE CAPITAL FUND, TO PROVIDE FOR THE MANAGEMENT OF THIS SPECIAL FUND, TO PROVIDE FOR MONIES TO BE OBTAINED BY THE FUND FOR ITS STATED PURPOSES THROUGH LOANS MADE BY CERTAIN LENDERS, TO PROVIDE FOR REPAYMENTS TO LENDERS, AND TO PROVIDE THAT LENDERS SHALL RECEIVE TAX CREDITS WHICH MAY BE USED AS A CONTINGENT RESOURCE TO MEET PRINCIPAL AND INTEREST PAYMENTS WHEN DUE, TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH INVESTMENTS FROM THE FUND MAY BE MADE IN VENTURE CAPITAL INVESTMENTS FOR THE BENEFIT OF THIS STATE; TO ESTABLISH THE SOUTH CAROLINA TECHNOLOGY INNOVATION FUND UNDER THE ADMINISTRATION OF THE BOARD OF DIRECTORS OF THE VENTURE CAPITAL FUND AND PROVIDE FOR ITS USES, AND TO PROVIDE THAT ON THE EFFECTIVE DATE OF THIS ACT, THE ASSETS AND LIABILITIES OF THE PALMETTO SEED CAPITAL FUND LIMITED PARTNERSHIP, AS ESTABLISHED IN CHAPTER 44, TITLE 41 OF THE 1976 CODE, ARE TRANSFERRED TO THE SOUTH CAROLINA TECHNOLOGY INNOVATION FUND WITHIN THE SOUTH CAROLINA VENTURE CAPITAL FUND; AND TO REPEAL CHAPTER 44, TITLE 41 RELATING TO THE PALMETTO SEED CAPITAL FUND LIMITED PARTNERSHIP.
Ordered for consideration tomorrow.
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:
H. 3586 (Word version) -- Reps. Clemmons, Harrison, Cato, W. D. Smith, Viers, Herbkersman, M. A. Pitts, E. H. Pitts, Altman, Barfield, Battle, Bingham, Branham, Ceips, Clark, Duncan, M. Hines, Keegan, Lourie, Miller, Owens, Skelton, Toole, Trotter, Umphlett, Whitmire, Witherspoon, Young, Hagood, Mahaffey, D. C. Smith, Haskins, Allen, Cobb-Hunter, Richardson, Jennings, Hayes, Merrill, Hinson, Delleney, G. M. Smith, Koon, Taylor, Martin, Bailey, McGee, Hamilton, J. R. Smith, Rhoad, Anthony, Freeman, Scarborough, J. E. Smith, Loftis, Coates, Rivers, Ott, J. H. Neal, Dantzler, Moody-Lawrence, Huggins, Limehouse, Tripp, Edge, Quinn, Wilkins, Clyburn, Kirsh, Neilson, Davenport and Gilham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 6, TITLE 44 SO AS TO CREATE THE INTERSTATE BULK PRESCRIPTION DRUG PROGRAM WITH NEIGHBORING STATES TO PROVIDE PRESCRIPTION DRUGS AT A REDUCED COST TO SENIOR AND DISABLED RESIDENTS WHO DO NOT HAVE PRESCRIPTION DRUG COVERAGE.
Ordered for consideration tomorrow.
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:
S. 203 (Word version) -- Senators Jackson, McConnell, Matthews, Courson, Anderson, Ford, Glover, Malloy, Patterson, Pinckney and Kuhn: A BILL TO AMEND TITLE 2 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL ASSEMBLY, BY ADDING CHAPTER 77, SO AS TO MAKE CERTAIN LEGISLATIVE FINDINGS AND TO ESTABLISH THE SOUTH CAROLINA HIGHER EDUCATION EQUALIZATION PROGRAM FOR THE PURPOSE OF REQUIRING THE COMMISSION ON HIGHER EDUCATION TO ENTER INTO CONTRACTS WITH PRIVATE, HISTORICALLY BLACK COLLEGES AND UNIVERSITIES TO BE USED FOR CERTAIN PURPOSES INTENDED TO ENHANCE THE EDUCATIONAL OPPORTUNITIES OF LOW-INCOME, EDUCATIONALLY AND SOCIALLY DISADVANTAGED STUDENTS.
Ordered for consideration tomorrow.
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:
S. 269 (Word version) -- Senator Pinckney: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD, EFFECTIVE MARCH 1, 2003, TO TRANSFER OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY IN RIDGELAND, SOUTH CAROLINA, TO THE COUNTY OF JASPER.
Ordered for consideration tomorrow.
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:
H. 3641 (Word version) -- Rep. J. R. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 34-43-60 SO AS TO PROVIDE THAT THE PROVISIONS OF THE SOUTH CAROLINA COMMUNITY ECONOMIC DEVELOPMENT ACT MUST TERMINATE AFTER THE FIFTH YEAR OF GRANTS AND LOANS ARE RECEIVED AND AT LEAST FIVE MILLION DOLLARS IN TAX CREDITS ARE USED; AND TO REPEAL SECTION 4 OF ACT 314 OF 2000, RELATING TO SUNSET PROVISIONS FOR THE ACT.
Ordered for consideration tomorrow.
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:
H. 3065 (Word version) -- Rep. Kirsh: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 55 ENACTING THE "OVERDUE TAX DEBT COLLECTION ACT" AUTHORIZING THE SOUTH CAROLINA DEPARTMENT OF REVENUE TO IMPOSE A COLLECTION ASSISTANCE FEE ON CERTAIN OVERDUE TAX DEBTS EQUAL TO TWENTY PERCENT OF THE OVERDUE AMOUNT AND TO ALLOW THE DEPARTMENT TO RETAIN A PORTION OF THE COLLECTION ASSISTANCE FEE FOR ITS OPERATION.
Ordered for consideration tomorrow.
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:
H. 3531 (Word version) -- Rep. Wilkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-1-290 SO AS TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS MAY ENTER INTO CONTRACTS WITH PRIVATE SECTOR ENTITIES THAT ALLOW INMATE LABOR TO BE PROVIDED FOR PRISON INDUSTRY SERVICE WORK.
Ordered for consideration tomorrow.
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:
H. 3369 (Word version) -- Reps. Sandifer, Harrell, Witherspoon, Cotty and Young: A BILL TO AMEND SECTION 8-11-83, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYROLL DEDUCTION FOR DUES OF STATE EMPLOYEES' ASSOCIATIONS, SO AS TO PROVIDE FOR PAYROLL DEDUCTION FOR DUES OF MEMBERS OF THE SOUTH CAROLINA WILDLIFE LAW ENFORCEMENT OFFICERS' ASSOCIATION.
Ordered for consideration tomorrow.
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:
H. 3741 (Word version) -- Rep. W. D. Smith: A BILL TO AMEND SECTION 8-17-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE STATE EMPLOYEES GRIEVANCE PROCEDURE ACT, SO AS TO EXEMPT EMPLOYEES IN A CHIEF OF STAFF OR EQUIVALENT POSITION, THOSE EMPLOYEES AS DETERMINED BY THE OFFICE OF HUMAN RESOURCES OF THE BUDGET AND CONTROL BOARD TO BE WITHIN TWO MANAGERIAL LEVELS OF EITHER THE AGENCY HEAD OR THE CHIEF OF STAFF OR EQUIVALENT POSITION, AND ANY EMPLOYEES EARNING AN ANNUAL EQUIVALENT SALARY IN EXCESS OF EIGHTY THOUSAND DOLLARS, TO PROVIDE EXCEPTIONS, AND TO PROVIDE A PROCEDURE TO ADJUST THE EIGHTY THOUSAND DOLLAR FIGURE REFERENCED ABOVE EVERY FOUR YEARS.
Ordered for consideration tomorrow.
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:
S. 444 (Word version) -- Senators Matthews, Patterson and Ford: A JOINT RESOLUTION TO PROVIDE THAT FOR FISCAL YEAR 2002-2003 ONLY, ALL UNIVERSITIES' APPROPRIATED FUNDS TO BE USED TO SUPPORT BASIC AND APPLIED RESEARCH IN INFORMATION AND TECHNOLOGY OUTREACH OPPORTUNITIES FOR SOUTH CAROLINA'S RURAL AND URBAN CITIZENS MAY ALSO USE THESE FUNDS FOR INSTRUCTIONAL AND ESSENTIAL OPERATIONAL PURPOSES ONLY.
Ordered for consideration tomorrow.
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:
S. 360 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 36-9-525, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEES CHARGED FOR FILING AND INDEXING CERTAIN RECORDS IN ACCORDANCE WITH TITLE 36 OF THE 1976 CODE, SO AS TO RECALCULATE HOW THE FEE IS ASSESSED.
Ordered for consideration tomorrow.
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:
H. 3598 (Word version) -- Reps. Richardson, Bailey, Bowers, Clark, Clyburn, Edge, Hamilton, Herbkersman, Hosey, Kirsh, Limehouse, Mahaffey, Neilson, Owens, Quinn, Rivers, Sandifer, Simrill, Snow, Vaughn and Whipper: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO PROVIDE THAT READING GLASSES ARE EXEMPT ITEMS DURING THE AUGUST SALES TAX HOLIDAY.
Ordered for consideration tomorrow.
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:
H. 3567 (Word version) -- Rep. Witherspoon: A BILL TO AMEND SECTION 11-5-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUARTERLY CASH REPORTS REQUIRED TO BE PUBLISHED BY THE STATE TREASURER IN A DAILY COLUMBIA NEWSPAPER, SO AS TO ALLOW THE REPORT TO BE PUBLISHED ELECTRONICALLY IN A MANNER THAT ALLOWS FOR PUBLIC REVIEW.
Ordered for consideration tomorrow.
The following was introduced:
H. 3961 (Word version) -- Rep. Allen: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO DR. RONALD D. BARTON OF GREENVILLE ON THE OCCASION OF CELEBRATING THIRTEEN YEARS OF MINISTERING AT SHADY OAK BAPTIST CHURCH ON MARCH 16, 2003.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 569 (Word version) -- Senator Giese: A CONCURRENT RESOLUTION TO ENDORSE THE WORK OF THE SOUTH CAROLINA PUBLIC HEALTH ASSOCIATION FOR PROVIDING INCREASED COORDINATION AND PARTICIPATION AMONG AGENCIES, ORGANIZATIONS, AND COALITIONS AT THE LOCAL, COUNTY, AND STATE LEVELS THAT ADVOCATE FOR THE ELIMINATION OF DISPARITIES OF HEALTH AND FOR SUPPORTING THE DEVELOPMENT OF INTERDISCIPLINARY APPROACHES TO RESEARCH AND PRACTICE TO ADDRESS THE DETERMINANTS OF OBESITY AND THE DEVELOPMENT OF A DIVERSE PUBLIC HEALTH WORKFORCE.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 571 (Word version) -- Senator Ford: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO MR. JAMES E. YOUNG OF CHARLESTON ON BEING NAMED THE 2003 HUMAN RESOURCES PROFESSIONAL OF THE YEAR.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 3962 (Word version) -- Rep. Cooper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 12-21-4215 AND 12-21-4217 SO AS TO PROVIDE AN APPLICATION PROCEDURE FOR THE MANUFACTURING OR DISTRIBUTION OF BINGO TICKETS AND ELECTRONIC DEVICES; TO AMEND SECTION 12-21-4060, RELATING TO THE PROHIBITION OF ALLOWING A PERSON CONVICTED OF CERTAIN CRIMES FROM MANAGING OR CONDUCTING A BINGO GAME, SO AS TO CHANGE THE CRIMES A PERSON MUST HAVE PLED GUILTY OR NOLO CONTENDERE TO A STATE OR FEDERAL CRIMINAL OFFENSE IN ORDER TO DISQUALIFY HIM FROM MANAGING OR CONDUCTING A BINGO GAME; TO AMEND SECTION 12-21-4160, RELATING TO THE INSPECTION OF BOOKS, PAPERS, RECORDS, MEMORANDA, OR OTHER THINGS BEARING UPON THE AMOUNT OF TAXES OR FEES WHICH ARE PAYABLE, SO AS TO PROHIBIT A BINGO CARD OR BINGO TICKET FROM BEING IN THE POSSESSION OF A DISTRIBUTOR, NONPROFIT ORGANIZATION, OR PROMOTER WITHOUT BEING AUTHORIZED BY THE DEPARTMENT AND DOES NOT BEAR THE SOUTH CAROLINA STATE SEAL AND DENOMINATION OF VALUE, AND PROVIDE PENALTIES FOR VIOLATION; AND TO AMEND SECTION 12-21-4260, RELATING TO THE BACKGROUND INVESTIGATION SUBMITTED BY A BINGO MANUFACTURER, DISTRIBUTOR, ORGANIZATION, OR PROMOTER, SO AS TO MAKE THIS SECTION SUBJECT TO THE PROVISIONS OF SECTION 12-21-4060.
Referred to Committee on Ways and Means
H. 3963 (Word version) -- Reps. Clemmons, Wilkins, Harrell, Harrison, Barfield, J. Brown, Cato, Edge, Keegan, Townsend, Viers and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-680 SO AS TO ALLOW A COUNTY BY ORDINANCE TO REQUIRE THE LISTING OF IMPROVEMENTS TO REAL PROPERTY WITH THE COUNTY AUDITOR WITHIN THIRTY DAYS FOLLOWING THE DAY ON WHICH THE IMPROVEMENTS ARE COMPLETED AND FIT FOR THE INTENDED USE AND PROVIDE EXCEPTIONS, TO PROVIDE FOR THE PRORATION OF PROPERTY TAXES ON THE IMPROVED REAL PROPERTY FOR THE PROPERTY TAX YEAR THE PROPERTY IS LISTED, AND TO MAKE TAXES ATTRIBUTABLE TO IMPROVEMENTS LISTED AFTER JUNE 30 OF THE PROPERTY TAX YEAR DUE AND PAYABLE WHEN TAXES ARE DUE AND PAYABLE ON THE REAL PROPERTY FOR THE SUCCEEDING PROPERTY TAX YEAR.
Referred to Committee on Ways and Means
H. 3964 (Word version) -- Reps. Witherspoon, Davenport, Duncan, Mahaffey and M. A. Pitts: A BILL TO REPEAL SECTION 58-1-65, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN WATER IMPOUNDMENTS FOR FEDERALLY REGULATED HYDROELECTRIC PROJECTS, PROGRAMS TO COMBAT GROWTH OF AQUATIC WEEDS, AND HOLD HARMLESS PROVISIONS FOR OWNERS AND OPERATORS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 3965 (Word version) -- Rep. Limehouse: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-5-547 SO AS TO PROVIDE SPECIFICATIONS, ESCAPE VENT REQUIREMENTS, AND A PEELER TRAP EXEMPTION FOR RECREATIONAL CRAB TRAPS; BY ADDING SECTION 50-5-1302 SO AS TO PROVIDE LIMITS FOR RECREATIONAL TAKING OF BLUE CRABS; BY ADDING SECTION 50-13-390 SO AS TO PROVIDE FOR TAKING BLUE CRABS IN FRESHWATERS AND FOR USE OF BLUE CRAB TROTLINES AND TRAPS IN FRESHWATERS; TO AMEND SECTION 50-5-20, AS AMENDED, RELATING TO JURISDICTION OF THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO PROVIDE THAT CERTAIN LIMITATIONS OF SIZE, TAKE, AND POSSESSION OF MARINE RESOURCES APPLY REGARDLESS OF WHERE TAKEN OR POSSESSED; TO AMEND SECTION 50-5-32, RELATING TO CLOSING CERTAIN SALT WATER FISHING SEASONS, SO AS TO REVISE THE SECTION AND FURTHER PROVIDE FOR CLOSING SALTWATER FISHING SEASONS IN ANTICIPATION OF CERTAIN OCCURRENCES WHICH THREATEN FISHERY RESOURCES OR HABITAT; TO AMEND SECTION 50-5-105, RELATING TO UNLAWFUL ACTIVITIES AFFECTING FISHING EQUIPMENT, CATCHES, OR ACTIVITIES OF ANOTHER PERSON, SO AS TO REVISE THE PENALTIES FOR VIOLATIONS OF THE SECTION; TO AMEND SECTION 50-5-325, AS AMENDED, RELATING TO COMMERCIAL EQUIPMENT LICENSES, SO AS TO REVISE THE SECTION AND FURTHER PROVIDE FOR THE USE AND REGULATION OF PEELER TRAPS; TO AMEND SECTION 50-5-555, RELATING TO TRAP PLACEMENT AND ATTENTION REQUIREMENTS, SO AS TO FURTHER PROVIDE THAT THE DEPARTMENT MAY REMOVE, DISPOSE OF, AND TREAT CERTAIN ABANDONED TRAPS AS CONTRABAND; TO AMEND SECTION 50-5-2500, RELATING TO POINT VALUES FOR SUSPENSION OF SALTWATER PRIVILEGES, SO AS TO PROVIDE POINTS FOR CERTAIN VIOLATIONS INVOLVING TRAPS, LINES, BUOYS, AND OBSTRUCTIONS OF NAVIGATION.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 3966 (Word version) -- Rep. Limehouse: A JOINT RESOLUTION TO ESTABLISH A MORATORIUM FROM JULY 1, 2003 TO JUNE 30, 2004, LIMITING THE NUMBER OF LICENSES FOR COMMERCIAL BLUE CRAB TRAPS THAT MAY BE ISSUED BY THE DEPARTMENT OF NATURAL RESOURCES.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 3967 (Word version) -- Reps. Hamilton, Leach and Vaughn: A BILL TO AMEND SECTION 50-11-565, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF CROSSBOW WHILE HUNTING, SO AS TO FURTHER PROVIDE THAT IT IS NOT UNLAWFUL FOR A PERSON SIXTY-TWO YEARS OF AGE OR OLDER TO USE A CROSSBOW TO HUNT DURING SEASONS WHEN THE USE OF PRIMITIVE WEAPONS ARE AUTHORIZED FOR HUNTING.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 3968 (Word version) -- Reps. Townsend, Walker and Stille: A BILL TO AMEND SECTION 59-18-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FIRST GRADE READINESS TEST, SO AS TO PROVIDE THAT STUDENTS DETERMINED TO HAVE 'RARELY DEMONSTRATED' SKILLS REQUIRED IN THE ENGLISH AND MATH STANDARDS SHALL HAVE AN ACADEMIC PLAN DEVELOPED TO OUTLINE ADDITIONAL SERVICES THE SCHOOL AND DISTRICT WILL PROVIDE AND THE ACTIONS THE STUDENT AND THE PARENTS WILL UNDERTAKE TO FURTHER STUDENT SUCCESS; AND TO AMEND SECTION 59-18-500, AS AMENDED, RELATING TO ACADEMIC PLANS FOR STUDENTS LACKING SKILLS TO PERFORM AT CURRENT GRADE LEVEL FOR SPECIFIED GRADES, SO AS TO REVISE THE GRADES TO WHICH THIS PROVISION APPLIES AND TO PROVIDE THAT STUDENTS NOT MEETING THE STANDARDS IN GRADE EIGHT MAY BE REQUIRED TO ATTEND A COMPREHENSIVE REMEDIATION PROGRAM THE FOLLOWING YEAR DESIGNED TO ADDRESS OBJECTIVES OUTLINED IN THEIR ACADEMIC PLAN.
Referred to Committee on Education and Public Works
H. 3969 (Word version) -- Reps. Edge, Loftis, Cato and Perry: A BILL TO AMEND SECTION 6-29-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADOPTION OF A COMPREHENSIVE PLAN BY THE LOCAL GOVERNING BODY AFTER A RECOMMENDATION BY THE LOCAL PLANNING COMMISSION, SO AS TO DELETE A PROVISION REQUIRING THE GOVERNING AUTHORITY TO HOLD A PUBLIC HEARING AFTER NOTICE IS GIVEN, TO PROVIDE A PROCEDURE BY WHICH THE LOCAL GOVERNING BODY MAY ADOPT OR ENACT AN ELEMENT OR PLAN AS A WHOLE AFTER AT LEAST ONE PUBLIC HEARING, AND TO SPECIFY HOW NOTICE IS GIVEN AND WHAT CONSTITUTES NOTICE.
Referred to Committee on Judiciary
H. 3970 (Word version) -- Rep. Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-4015 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY AND THE DEPARTMENT OF TRANSPORTATION MUST HONOR THE MOTOR VEHICLE MAXIMUM LENGTH LIMITATIONS PERMITTED BY THE STATES OF NORTH CAROLINA AND GEORGIA UPON SINGLE UNIT MOTOR VEHICLES THAT TRANSPORT AGRICULTURAL PRODUCTS TO AND FROM THOSE STATES.
Referred to Committee on Education and Public Works
S. 215 (Word version) -- Senators McConnell, Moore, Ford and Knotts: A BILL TO AMEND SECTION 2-17-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOBBYIST'S REPORTING OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-35, AS AMENDED, RELATING TO LOBBYISTS' PRINCIPALS' REPORTING OF LOBBYING EXPENDITURES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-40, AS AMENDED, RELATING TO THE STATE AGENCY OR DEPARTMENT REPORT OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING THE REPORTS; TO AMEND SECTION 2-17-90, AS AMENDED, RELATING TO ACTS PROHIBITED OF LOBBYISTS' PRINCIPALS, ACTS PROHIBITED OF PUBLIC OFFICIALS AND EMPLOYEES, EXCEPTIONS, AND DISCLOSURE REQUIREMENTS, SO AS TO EXCLUDE CABINET OFFICERS; TO AMEND SECTION 8-13-100, AS AMENDED, RELATING TO DEFINITIONS USED IN THE ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM ACT, SO AS TO DELETE BALLOT MEASURE FROM THE DEFINITION OF "ELECTION"; TO AMEND SECTION 8-13-320, AS AMENDED, RELATING TO THE DUTIES AND POWERS OF THE STATE ETHICS COMMISSION, SO AS TO REQUIRE A NOTICE OF WAIVER BE FORWARDED TO THE STATE ETHICS COMMISSION AFTER A COMPLAINT HAS BEEN DISMISSED WHEN IT DOES NOT ALLEGE FACTS SUFFICIENT TO CONSTITUTE A VIOLATION; TO ADD SECTION 8-13-365, SO AS TO PROVIDE THAT THE STATE ETHICS COMMISSION MUST ESTABLISH A SYSTEM OF ELECTRONIC FILING FOR DISCLOSURES AND REPORTS; TO AMEND SECTION 8-13-530, AS AMENDED, RELATING TO THE POWERS AND DUTIES OF THE SENATE AND HOUSE OF REPRESENTATIVES ETHICS COMMITTEES, SO AS TO INCLUDE LEGISLATIVE CAUCUS COMMITTEES WITHIN THE JURISDICTION OF A COMMITTEE; TO AMEND SECTION 8-13-1300, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE PROVISIONS RELATING TO CAMPAIGN PRACTICES, SO AS TO AMEND THE DEFINITION OF "COMMITTEE" TO INCLUDE AN INDIVIDUAL WHO, TO INFLUENCE THE OUTCOME OF AN ELECTIVE OFFICE, MAKES INDEPENDENT EXPENDITURES AGGREGATING FIVE HUNDRED DOLLARS OR MORE DURING AN ELECTION CYCLE, TO AMEND THE DEFINITION OF "ELECTION" TO DELETE BALLOT MEASURE WITHIN ITS DEFINITION, TO AMEND THE DEFINITION OF "INDEPENDENT EXPENDITURE" TO INCLUDE AN EXPENDITURE MADE UPON CONSULTATION WITH A COMMITTEE OR AGENT OF A COMMITTEE OR A BALLOT MEASURE COMMITTEE OR AN AGENT OF A BALLOT MEASURE COMMITTEE, BY DEFINING "BALLOT MEASURE COMMITTEE" AND "INFLUENCE THE OUTCOME OF AN ELECTIVE OFFICE"; TO AMEND SECTION 8-13-1302, RELATING TO MAINTENANCE OF RECORDS OF CONTRIBUTIONS BY A CANDIDATE, SO AS TO INCLUDE A BALLOT MEASURE COMMITTEE; TO AMEND SECTION 8-13-1304, RELATING TO THE REQUIREMENT THAT COMMITTEES RECEIVING AND SPENDING FUNDS MUST FILE A STATEMENT OF ORGANIZATION, SO AS TO REQUIRE A BALLOT MEASURE COMMITTEE WHICH RECEIVES OR EXPENDS MORE THAN ONE THOUSAND DOLLARS IN THE AGGREGATE DURING AN ELECTION CYCLE TO INFLUENCE THE OUTCOME OF A BALLOT MEASURE TO FILE A STATEMENT OF ORGANIZATION AND DELETE THE REQUIREMENT FOR THE STATEMENT TO BE FILED BY A COMMITTEE WHICH RECEIVES OR EXPENDS MORE THAN FIVE HUNDRED DOLLARS; TO AMEND SECTION 8-13-1306, RELATING TO THE CONTENTS OF A STATEMENT OF ORGANIZATION, SO AS TO INCLUDE BALLOT MEASURE COMMITTEE WHERE APPLICABLE; TO AMEND SECTION 8-13-1308, AS AMENDED, RELATING TO THE FILING OF CERTIFIED CAMPAIGN REPORTS BY CANDIDATES AND COMMITTEES, SO AS TO INCLUDE THE MAKING OF INDEPENDENT EXPENDITURES WITHIN THE REQUIREMENTS OF THE SECTION; BY ADDING SECTION 8-13-1309, SO AS TO REQUIRE A BALLOT MEASURE COMMITTEE REQUIRED TO FILE A STATEMENT OF ORGANIZATION MUST FILE AN INITIAL CERTIFIED CAMPAIGN REPORT WHEN IT RECEIVES OR EXPENDS CAMPAIGN CONTRIBUTIONS TOTALING CERTAIN SPECIFIED AMOUNTS; TO AMEND SECTION 8-13-1310, AS AMENDED, RELATING TO THE RECIPIENTS OF CERTAIN CAMPAIGN REPORTS AND COPIES OF THEM AND THE STATE ETHICS COMMISSION REVIEW, SO AS TO ELIMINATE THE REQUIREMENT TO SEND CAMPAIGN REPORTS TO THE STATE ELECTION COMMISSION; TO AMEND SECTION 8-13-1314, RELATING TO CAMPAIGN CONTRIBUTION LIMITS AND RESTRICTIONS, SO AS TO INCREASE THE CONTRIBUTION LIMITATIONS; TO AMEND SECTION 8-13-1316, RELATING TO RESTRICTIONS ON CAMPAIGN CONTRIBUTIONS RECEIVED FROM POLITICAL PARTIES, SO AS TO PROHIBIT A POLITICAL PARTY FROM RECEIVING CONTRIBUTIONS THROUGH ITS PARTY COMMITTEES OR LEGISLATIVE CAUCUS COMMITTEES WHICH TOTAL CERTAIN AGGREGATE AMOUNTS AND PROVIDE THAT A CONTRIBUTION GIVEN IN VIOLATION OF SUBSECTION (A) OF THIS SECTION MAY NOT BE KEPT BY THE RECIPIENT BUT WITHIN TEN DAYS REMIT IT TO THE CHILDREN'S TRUST FUND; TO AMEND SECTION 8-13-1324, RELATING TO ANONYMOUS CAMPAIGN CONTRIBUTIONS, SO AS TO PROHIBIT THESE CONTRIBUTIONS TO A BALLOT MEASURE COMMITTEE; TO AMEND SECTION 8-13-1332, RELATING TO UNLAWFUL CONTRIBUTIONS AND EXPENDITURES, SO AS TO INCLUDE A BALLOT MEASURE COMMITTEE AS WELL AS A COMMITTEE AND DELETE FROM THE PROHIBITION AN ORGANIZATION OR COMMITTEE OF AN ORGANIZATION TO SOLICIT CONTRIBUTIONS TO THE ORGANIZATION COMMITTEE FROM A PERSON OTHER THAN ITS MEMBERS AND THEIR FAMILIES; BY ADDING SECTION 8-13-1333 SO AS TO AUTHORIZE NOT-FOR-PROFIT CORPORATIONS AND COMMITTEES FORMED BY NOT-FOR-PROFIT CORPORATIONS TO SOLICIT CONTRIBUTIONS FROM THE GENERAL PUBLIC; TO AMEND SECTION 8-13-1348, RELATING TO THE USE OF CAMPAIGN FUNDS FOR PERSONAL EXPENSES, SO AS TO PROVIDE THAT NO BALLOT MEASURE COMMITTEE MAY USE CAMPAIGN FUNDS TO DEFRAY PERSONAL EXPENSES WHICH ARE UNRELATED TO THE CAMPAIGN; TO AMEND SECTION 8-13-1366, RELATING TO THE PUBLIC AVAILABILITY OF CERTIFIED CAMPAIGN REPORTS, SO AS TO ELIMINATE THE STATE ELECTION COMMISSION AS A LOCATION OF THESE REPORTS; TO AMEND SECTION 8-13-1368, RELATING TO TERMINATION OF CAMPAIGN FILING REQUIREMENTS, SO AS TO INCLUDE BALLOT MEASURE COMMITTEES WITH THE REQUIREMENTS OF THE SECTION; TO AMEND SECTION 8-13-1370, RELATING TO THE USE OF UNEXPENDED CONTRIBUTIONS BY A CANDIDATE AFTER AN ELECTION, SO AS TO INCLUDE BALLOT MEASURE COMMITTEE WITHIN THE REQUIREMENTS OF THE SECTION; TO AMEND SECTION 8-13-1372, RELATING TO TECHNICAL VIOLATIONS OF RULES ON CAMPAIGN REPORTS, SO AS TO SUBSTITUTE THE STATE ETHICS COMMISSION FOR THE STATE ELECTION COMMISSION AS THE AGENCY RESPONSIBLE FOR DETERMINING ERRORS OR OMISSIONS ON CAMPAIGN REPORTS; TO ADD SECTION 8-13-1373, SO AS TO PROVIDE THAT THE BUDGET AND CONTROL BOARD, USING FUNDS APPROPRIATED TO IT, MUST DEFEND ANY ACTION BROUGHT AGAINST THE STATE OR ITS POLITICAL SUBDIVISIONS PURSUANT TO CHAPTER 13 OF TITLE 8, IN CASES WHERE THE ATTORNEY GENERAL REFUSES TO DEFEND SUCH ACTION; TO AMEND SECTION 8-13-1510, RELATING TO THE PENALTY FOR LATE FILING OF OR FAILURE TO FILE A REPORT OR STATEMENT, SO AS TO DELETE THE FIVE-HUNDRED-DOLLAR MAXIMUM FINE; TO AMEND SECTION 8-13-1520, RELATING TO A VIOLATION OF CHAPTER 13 OF TITLE 8, SO AS TO MAKE CERTAIN VIOLATIONS OF ARTICLE 13 OF CHAPTER 8 A MISDEMEANOR AND PROVIDE PENALTIES FOR VIOLATIONS.
Referred to Committee on Judiciary
S. 318 (Word version) -- Senators Peeler, Grooms, Ritchie, Hayes, Giese, Ryberg, Verdin, Mescher, Kuhn, Richardson, Setzler, Branton, Waldrep and Gregory: A JOINT RESOLUTION TO ESTABLISH A COMMITTEE TO STUDY THE FEASIBILITY OF COMBINING THE MAINTENANCE SHOP OPERATIONS OF THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION AND STATE DEPARTMENT OF EDUCATION'S SCHOOL BUS MAINTENANCE SHOP, TO PROVIDE FOR THE MEMBERSHIP AND DUTIES OF THE COMMITTEE, AND PROVIDE FOR THE COMMITTEE'S TERMINATION ON THE EARLIER OF THE DATE IT MAKES ITS REPORT AND RECOMMENDATIONS OR OCTOBER 1, 2003.
Referred to Committee on Education and Public Works
S. 344 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 59-25-55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TEACHERS, SO AS TO CHANGE THE NAME OF THE SOUTH CAROLINA CENTER FOR TEACHER RECRUITMENT TO THE SOUTH CAROLINA CENTER FOR EDUCATOR RECRUITMENT, RETENTION, AND ADVANCEMENT.
On motion of Rep. TOWNSEND, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 389 (Word version) -- Senators Ritchie, Hayes, Land, Hawkins, Hutto and Malloy: A BILL TO AMEND SECTION 8-21-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTION FEES IN THE COURT OF COMMON PLEAS AND FAMILY COURT, SO AS TO PROVIDE THAT NO FEE SHALL BE CHARGED FOR FILING A CONSENT ORDER FOR DISMISSAL OF ANY CIVIL ACTION.
Referred to Committee on Judiciary
S. 489 (Word version) -- Senators Ravenel and McGill: A BILL TO AMEND SECTION 50-11-940, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON OTHER THAN A TRUSTEE, EMPLOYEE, OR AGENT OF THE FOUNDATION OR A PERSON AUTHORIZED BY THE FOUNDATION TO TRAP, HUNT, MOLEST, OR ATTEMPT TO MOLEST A BIRD, WILD FOWL, OR GAME, INCLUDING WILD HOGS, WITHIN THE REFUGE, OR TO TRESPASS IN ANY MANNER UPON THE PROPERTY OF THE BELLE W. BARUCH FOUNDATION FOR THAT PURPOSE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
S. 544 (Word version) -- Judiciary Committee: A BILL TO AMEND SECTION 2-19-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELECTION OF JUDGES, SO AS TO PROVIDE THAT IN ORDER TO BE ELECTED, A JUDICIAL CANDIDATE MUST RECEIVE A MAJORITY VOTE OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES AND THE MEMBERS OF THE SENATE VOTING IN JOINT SESSION; AND TO AMEND CHAPTER 1, TITLE 2 BY ADDING SECTION 2-1-95, SO AS TO PROVIDE THAT IN ORDER TO BE ELECTED, ANY CANDIDATE ELECTED BY THE GENERAL ASSEMBLY IN JOINT SESSION MUST RECEIVE A MAJORITY VOTE OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES AND A MAJORITY VOTE OF THE MEMBERS OF THE SENATE VOTING IN THE JOINT SESSION.
Referred to Committee on Judiciary
The roll call of the House of Representatives was taken resulting as follows:
Allen Altman Anthony Bailey Bales Barfield Battle Bingham Bowers Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chellis Clark Clemmons Clyburn Coates Cobb-Hunter Coleman Cooper Delleney Duncan Edge Emory Freeman Frye Gilham Govan Hagood Hamilton Harrison Haskins Hayes Herbkersman J. Hines M. Hines Hinson Howard Huggins Keegan Kennedy Kirsh Koon Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack Mahaffey McCraw McGee Merrill Miller J. M. Neal Neilson Ott Owens Perry Phillips Pinson E. H. Pitts M. A. Pitts Quinn Rhoad Rice Rivers Rutherford 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 Weeks Whipper White Whitmire Wilkins Witherspoon Young
I came in after the roll call and was present for the Session on Wednesday, April 9.
Robert Harrell G. Murrell Smith Lonnie Hosey Ralph Davenport Anne Parks Bill Cotty Walton McLeod Alex Harvin Bessie Moody-Lawrence Amos Gourdine Douglas Jennings Fletcher Smith Joseph Neal Becky Martin
The SPEAKER granted Rep. RICHARDSON a leave of absence for the day due to illness.
Announcement was made that Dr. William C. Gerard of Chapin is the Doctor of the Day for the General Assembly.
Rep. TALLEY presented to the House the Dorman High School Cavaliers Girls Basketball Team, the 2003 Class AAAA State Champions, their coaches and other school officials.
Rep. SANDIFER presented to the House Kelly McCorkle, Miss South Carolina 2002, and the contestants for the Miss South Carolina 2003 title.
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. 3744 (Word version)
Date: REMOVE:
04/09/03 MARTIN
Bill Number: H. 3744 (Word version)
Date: REMOVE:
04/09/03 M. A. PITTS
The following Bills and Joint Resolution were taken up, read the third time, and ordered sent to the Senate:
H. 3935 (Word version) -- Rep. Davenport: A BILL TO AMEND ACT 172 OF 1969, AS AMENDED, AND ACT 190 OF 1995, BOTH RELATING TO THE NORTH SPARTANBURG AREA FIRE AND RESCUE DISTRICT, SO AS TO CHANGE ITS NAME TO THE NORTH SPARTANBURG AREA FIRE AND EMERGENCY SERVICES DISTRICT.
H. 3507 (Word version) -- Reps. McGee, Coates, Harrison, Sinclair and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-35-75 SO AS TO PROVIDE FOR THE RIGHT OF ACCESS BY A LESSOR TO REAL ESTATE, FIXTURES, AND EQUIPMENT THAT ARE SUBJECT TO A COMMERCIAL LEASE AGREEMENT FOR THE PURPOSE OF REASONABLE PROTECTION OF THE LEASED PROPERTY UPON TWENTY-FOUR HOURS NOTICE TO THE LESSEE, TO PROVIDE FOR EMERGENCY CIRCUMSTANCES, AND TO PROVIDE THAT THE LESSEE MAY NOT UNREASONABLY WITHHOLD CONSENT TO ACCESS.
H. 3930 (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 ENVIRONMENTAL PROTECTION FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2800, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bill and Joint Resolution were taken up, read the second time, and ordered to a third reading:
H. 3945 (Word version) -- Rep. G. Brown: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES FOR THE SCHOOL DISTRICT OF LEE COUNTY TO ISSUE GENERAL OBLIGATION BONDS OF THE DISTRICT UP TO ITS CONSTITUTIONAL DEBT LIMIT TO FUND AN OPERATING DEFICIT AND CURRENT OPERATING EXPENDITURES; TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSES FOR WHICH THE PROCEEDS MAY BE EXPENDED; AND TO MAKE PROVISION FOR THE PAYMENT OF THE BONDS.
H. 3941 (Word version) -- Reps. Bowers, Lloyd and R. Brown: A JOINT RESOLUTION TO POSTPONE UNTIL PROPERTY TAX YEARS BEGINNING AFTER 2003 THE IMPLEMENTATION OF THE REVISED VALUES DETERMINED IN THE COUNTYWIDE APPRAISAL AND EQUALIZATION PROGRAM CONDUCTED IN COLLETON COUNTY IN 2001.
The following Bill was taken up:
S. 208 (Word version) -- Senators McConnell, Moore, Malloy and Waldrep: A BILL TO AMEND SECTION 1-3-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THOSE OFFICERS WHO ARE SUBJECT TO REMOVAL BY THE GOVERNOR, SO AS TO INCLUDE THE EXECUTIVE DIRECTOR OF THE OFFICE OF PUBLIC STAFF; BY ADDING SECTION 8-13-935 SO AS TO REVISE THE PROCEDURES APPLICABLE TO CANDIDATES FOR THE PUBLIC SERVICE COMMISSION WHO SEEK THE PLEDGE OF A MEMBER OF THE GENERAL ASSEMBLY; TO AMEND PART 6 OF CHAPTER 6 OF TITLE 37, RELATING TO THE DEPARTMENT OF CONSUMER AFFAIRS' DIVISION OF CONSUMER ADVOCACY, SO AS TO REVISE THE DIVISION'S JURISDICTION; TO AMEND ARTICLE 1, CHAPTER 3 OF TITLE 58, RELATING TO THE GENERAL PROVISIONS APPLICABLE TO THE PUBLIC SERVICE COMMISSION, BY ADDING SECTION 58-3-5 SO AS TO PROVIDE DEFINITIONS, AND, AMONG OTHER THINGS, REVISE THE QUALIFICATIONS APPLICABLE TO CANDIDATES FOR THE COMMISSION, STAGGER THE TERMS OF MEMBERS OF THE COMMISSION, PROVIDE THAT A MEMBER OF THE GENERAL ASSEMBLY OR AN IMMEDIATE FAMILY MEMBER OF A MEMBER OF THE GENERAL ASSEMBLY MAY NOT BE ELIGIBLE FOR ELECTION TO THE PUBLIC SERVICE COMMISSION DURING THE MEMBER'S TERM OF OFFICE AND FOR A PERIOD OF FOUR YEARS AFTER HE CEASES TO BE A MEMBER OF THE GENERAL ASSEMBLY; BY ADDING SECTION 58-3-25 SO AS TO PROVIDE THAT A PERSON WHOSE BUSINESS IS REGULATED BY THE COMMISSION MAY NOT SERVE AS A MEMBER OF THE COMMISSION; BY ADDING SECTION 58-3-30 SO AS TO PROVIDE THAT COMMISSIONERS ARE BOUND BY THE CODE OF JUDICIAL CONDUCT; BY ADDING SECTION 58-3-135 SO AS TO ESTABLISH REQUIREMENTS FOR ALL FINAL COMMISSION ORDERS AND DECISIONS; BY ADDING SECTION 58-3-140 SO AS TO PROVIDE PROCEDURES AND REQUIREMENTS RELATING TO PROHIBITED AND PERMITTED COMMUNICATIONS BY MEMBERS AND STAFF OF THE COMMISSION INCLUDING EX PARTE COMMUNICATIONS BY THESE PERSONS; BY ADDING SECTION 58-3-145 SO AS TO PROVIDE PROCEDURES FOR A PARTY SEEKING RELIEF FROM AN ALLEGED IMPROPER COMMUNICATION; BY ADDING SECTION 58-3-150 SO AS TO PROVIDE THAT A FORMER COMMISSIONER MAY NOT BE EMPLOYED BY A PUBLIC UTILITY FOR A PERIOD OF ONE YEAR FOLLOWING HIS SERVICE ON THE COMMISSION; BY ADDING ARTICLE 5 TO CHAPTER 3, TITLE 58 SO AS TO ESTABLISH THE PUBLIC SERVICE COMMISSION AND OFFICE OF PUBLIC STAFF REVIEW COMMITTEE AND TO PROVIDE FOR ITS MEMBERSHIP, POWERS, AND DUTIES; BY ADDING CHAPTER 4 TO TITLE 58 SO AS TO CREATE THE OFFICE OF PUBLIC STAFF AS A SEPARATE STATE AGENCY AND PROVIDE FOR ITS JURISDICTION, POWERS, DUTIES, AND RESPONSIBILITIES; AND TO REPEAL SECTIONS 58-3-67 AND 58-3-93 EFFECTIVE JULY 1, 2004.
Rep. CATO proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20500SD03), 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.
(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 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) 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."
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. 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."
SECTION 12. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. CATO explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The Senate amendments to the following Bill were taken up for consideration:
H. 3041 (Word version) -- Reps. Witherspoon, Littlejohn, Kirsh, Umphlett, Coates and Cotty: A BILL TO AMEND CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF GAME, BY ADDING SECTION 50-11-315 SO AS TO PROVIDE THAT HUNTERS MUST WEAR A HAT, SHIRT, COAT, OR VEST OF SOLID VISIBLE INTERNATIONAL ORANGE DURING GUN AND MUZZLELOADER HUNTING SEASONS FOR DEER, AND TO PROVIDE EXCEPTIONS.
Rep. OTT explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The motion period was dispensed with on motion of Rep. TROTTER.
The SPEAKER granted Rep. EMORY a leave of absence for the remainder of the day.
The SPEAKER granted Rep. BAILEY a temporary leave of absence.
The following Bill was taken up:
H. 3128 (Word version) -- Reps. Lourie, J. Brown, Clark, Cotty, J. H. Neal, Harrison, Govan, Gilham, Martin, Stille, Sinclair, J. E. Smith, W. D. Smith, Huggins, E. H. Pitts, Jennings, Emory, Skelton, Owens and Scott: A BILL TO AMEND SECTION 56-5-6540, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATIONS AND ENFORCEMENT OF THE STATE'S MANDATORY USE OF SEAT BELTS AND CHILD RESTRAINT SYSTEM REQUIREMENTS, SO AS TO PROVIDE THAT A LAW ENFORCEMENT OFFICER MAY STOP A DRIVER OF A MOTOR VEHICLE FOR ANY PRIMARY VIOLATION OF A PROVISION THAT REQUIRES A DRIVER OR PASSENGER TO WEAR A SEAT BELT OR A CHILD RESTRAINT SYSTEM.
Rep. LOURIE explained the Bill.
Rep. SANDIFER moved to commit the Bill to the Committee on Judiciary.
Rep. LOURIE moved to table the motion.
Rep. SANDIFER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Anthony Bales Battle Bingham Bowers Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Clark Clemmons Clyburn Coates Cobb-Hunter Coleman Cotty Duncan Edge Freeman Gilham Govan Hagood Hamilton Harrison Harvin Hayes Herbkersman J. Hines M. Hines Hosey Howard Huggins Keegan Kennedy Koon Leach Limehouse Littlejohn Lloyd Lourie Mack Mahaffey Martin McLeod Miller J. H. Neal J. M. Neal Neilson Ott Owens Parks Phillips Pinson E. H. Pitts Rhoad Rivers Rutherford Scott Sheheen Sinclair Skelton D. C. Smith F. N. Smith J. E. Smith W. D. Smith Snow Stewart Stille Talley Taylor Thompson Toole Townsend Walker Weeks Whipper Wilkins Witherspoon
Those who voted in the negative are:
Altman Barfield Chellis Cooper Delleney Frye Haskins Hinson Kirsh Loftis Lucas McCraw McGee Merrill Perry M. A. Pitts Quinn Rice Sandifer Scarborough Simrill G. M. Smith J. R. Smith Tripp Trotter Umphlett Vaughn Viers White Young
So, the motion to commit the Bill was tabled.
Rep. OTT proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20374SD03), which was adopted:
Amend the bill, as and if amended, by adding a new sentence at the end of subsection (A) of Section 56-5-6540 of the 1976 Code, as contained in Section 1, to read:
/ In addition, a conviction for violation of this article must not be reported to the offender's motor vehicle insurer. /
Renumber sections to conform.
Amend title to conform.
Rep. OTT explained the amendment.
Rep. OTT continued speaking.
Rep. TRIPP spoke against the amendment.
Rep. OTT spoke in favor of the amendment.
Rep. ALTMAN moved to table the amendment, which was not agreed to.
The question then recurred to the adoption of the amendment.
Rep. TAYLOR demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anthony Bales Barfield Battle Bingham Bowers Branham Breeland G. Brown J. Brown R. Brown Ceips Chellis Clark Clemmons Clyburn Coates Cobb-Hunter Coleman Cotty Davenport Delleney Duncan Edge Freeman Frye Gilham Govan Hamilton Harrison Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hosey Huggins Jennings Kirsh Koon Leach Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack Mahaffey McGee McLeod Merrill Miller J. H. Neal Neilson Ott Owens Parks Phillips Pinson E. H. Pitts M. A. Pitts Quinn Rhoad Rice Rivers Rutherford Scott Sheheen Simrill Sinclair Skelton G. M. Smith J. E. Smith W. D. Smith Snow Stewart Stille Talley Thompson Toole Townsend Trotter Vaughn Viers Walker Weeks Whipper White Whitmire Wilkins Witherspoon
Those who voted in the negative are:
Altman Cato Hagood Keegan Perry Scarborough Taylor Tripp Umphlett
So, the amendment was adopted.
Further proceedings were interrupted by the Joint Assembly, the pending question being consideration of amendments.
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. 3814 (Word version) -- Reps. W.D. Smith, Delleney, F.N. Smith, Wilkins, Witherspoon, Townsend, Richardson, M. Hines, Leach, Harrison, Cato, J. Brown, Vaughn, Chellis and Harrell: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, APRIL 9, 2003, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN CHIEF JUDGE OF THE COURT OF APPEALS, SEAT 5, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 6, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE FIFTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE FOURTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE FIFTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 5, TO FILL THE UNEXPIRED TERM, WHICH EXPIRES JUNE 30, 2003, AND THE SUBSEQUENT TERM; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 6, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 7, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 8, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 9, TO FILL THE UNEXPIRED TERM, WHICH EXPIRES JUNE 30, 2003, AND THE SUBSEQUENT TERM; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 10, WHOSE TERM EXPIRES JUNE 30, 2003; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SEAT 5, WHOSE TERM EXPIRES JUNE 30, 2003.
The President recognized Senator McConnell, Chairman of the Judicial Merit Selection Commission.
The President announced that nominations were in order for a Chief Judge of the Court of Appeals, Seat 5.
Senator McConnell, Chairman of the Judicial Merit Selection Commission, stated that the Honorable Kaye G. Hearn had been screened, found qualified, and placed her name in nomination.
On motion of Senator McConnell, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that the Honorable Kaye G. Hearn was duly elected for the term prescribed by law.
The President announced that nominations were in order for a Circuit Court Judge, Fifth Judicial Circuit, Seat 3.
Senator McConnell, Chairman of the Judicial Merit Selection Commission, stated that the Honorable G. Thomas Cooper, Jr. had been screened, found qualified, and placed his name in nomination.
On motion of Senator McConnell, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that the Honorable G. Thomas Cooper, Jr. was duly elected for the term prescribed by law.
The President announced that nominations were in order for a Circuit Court Judge, Thirteenth Judicial Circuit, Seat 3.
Senator McConnell, Chairman of the Judicial Merit Selection Commission, stated that the Honorable Larry R. Patterson had been screened, found qualified, and placed his name in nomination.
On motion of Senator McConnell, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that the Honorable Larry R. Patterson was duly elected for the term prescribed by law.
The President announced that nominations were in order for a Circuit Court Judge, Fourteenth Judicial Circuit, Seat 2.
Senator McConnell, Chairman of the Judicial Merit Selection Commission, stated that the Honorable Jackson V. Gregory had been screened, found qualified, and placed his name in nomination.
On motion of Senator McConnell, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that the Honorable Jackson V. Gregory was duly elected for the term prescribed by law.
The President announced that nominations were in order for a Circuit Court Judge, Fifteenth Judicial Circuit, Seat 2.
Senator McConnell, Chairman of the Judicial Merit Selection Commission, stated that the Honorable Paula H. Thomas had been screened, found qualified, and placed her name in nomination.
On motion of Senator McConnell, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that the Honorable Paula H. Thomas was duly elected for the term prescribed by law.
The President announced that nominations were in order for an At-Large Circuit Court Judge, Seat 1.
Senator McConnell, Chairman of the Judicial Merit Selection Commission, stated that the Honorable John M. Milling had been screened, found qualified, and placed his name in nomination.
On motion of Senator McConnell, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that the Honorable John M. Milling was duly elected for the term prescribed by law.
The President announced that nominations were in order for an At-Large Circuit Court Judge, Seat 2.
Senator McConnell, Chairman of the Judicial Merit Selection Commission, stated that the Honorable R. Markley Dennis, Jr. had been screened, found qualified, and placed his name in nomination.
On motion of Senator McConnell, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that the Honorable R. Markley Dennis, Jr. was duly elected for the term prescribed by law.
The President announced that nominations were in order for an At-Large Circuit Court Judge, Seat 3.
Senator McConnell, Chairman of the Judicial Merit Selection Commission, stated that the Honorable Clifton Newman had been screened, found qualified, and placed his name in nomination.
On motion of Senator McConnell, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that the Honorable Clifton Newman was duly elected for the term prescribed by law.
The President announced that nominations were in order for an At-Large Circuit Court Judge, Seat 6.
Senator McConnell, Chairman of the Judicial Merit Selection Commission, stated that the Honorable James E. Lockemy had been screened, found qualified, and placed his name in nomination.
On motion of Senator McConnell, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that the Honorable James E. Lockemy was duly elected for the term prescribed by law.
The President announced that nominations were in order for an At-Large Circuit Court Judge, Seat 7.
Senator McConnell, Chairman of the Judicial Merit Selection Commission, stated that the Honorable J. Cordell Maddox, Jr. had been screened, found qualified, and placed his name in nomination.
On motion of Senator McConnell, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that the Honorable J. Cordell Maddox, Jr. was duly elected for the term prescribed by law.
The President announced that nominations were in order for an At-Large Circuit Court Judge, Seat 8.
Senator McConnell, Chairman of the Judicial Merit Selection Commission, stated that the Honorable Kenneth G. Goode had been screened, found qualified, and placed his name in nomination.
On motion of Senator McConnell, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that the Honorable Kenneth G. Goode was duly elected for the term prescribed by law.
The President announced that nominations were in order for an At-Large Circuit Court Judge, Seat 10.
Senator McConnell, Chairman of the Judicial Merit Selection Commission, stated that the Honorable James R. Barber III had been screened, found qualified, and placed his name in nomination.
On motion of Senator McConnell, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that the Honorable James R. Barber III was duly elected for the term prescribed by law.
The President announced that nominations were in order for an Administrative Law Judge, Seat 5.
Senator McConnell, Chairman of the Judicial Merit Selection Commission, stated that the Honorable Ray N. Stevens had been screened, found qualified, and placed his name in nomination.
On motion of Senator McConnell, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that the Honorable Ray N. Stevens was duly elected for the term prescribed by law.
The President announced that nominations were in order for a Court of Appeals Judge, Seat 6.
Senator McConnell, Chairman of the Judicial Merit Selection Commission, stated that the Honorable Donald W. Beatty, the Honorable Paul E. Short, Jr., and the Honorable H. Bruce Williams had been screened, found qualified, and placed their names in nomination.
Senator McConnell stated that the following candidate had withdrawn from the race: the Honorable Paul E. Short, Jr.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Beatty:
Anderson Ford Glover Grooms Hawkins Hutto Jackson Land Malloy Matthews McGill Moore Patterson Peeler Pinckney Reese Ritchie Short
Total-18
The following named Senators voted for Williams:
Alexander Branton Courson Elliott Fair Giese Gregory Hayes Holland Knotts Kuhn Leatherman Leventis Martin McConnell Mescher O'Dell Rankin Ravenel Richardson Ryberg Setzler Smith, J.V. Thomas Verdin Waldrep
Total-26
On motion of Rep. J. Brown, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Beatty:
Allen Anthony Bailey Bales Battle Bowers Branham Breeland G. Brown J. Brown R. Brown Clyburn Cobb-Hunter Coleman Cooper Davenport Delleney Freeman Gourdine Govan Harrell Harvin Haskins Hayes J. Hines M. Hines Hosey Howard Jennings Keegan Kennedy Kirsh Lee Littlejohn Lloyd Lourie Mack Mahaffey McCraw McLeod Moody-Lawrence J. H. Neal J. M. Neal Neilson Ott Parks Phillips Rhoad Rivers Rutherford Sandifer Scott Sinclair F. N. Smith J. E. Smith W. D. Smith Snow Talley Thompson Townsend Trotter Vaughn Walker Weeks Whipper White
The following named Representatives voted for Williams:
Altman Barfield Bingham Cato Ceips Chellis Clark Clemmons Coates Cotty Duncan Edge Frye Gilham Hagood Hamilton Harrison Herbkersman Hinson Huggins Koon Leach Loftis Lucas Martin McGee Merrill Owens Perry Pinson E. H. Pitts M. A. Pitts Quinn Rice Scarborough Sheheen Simrill Skelton D. C. Smith G. M. Smith J. R. Smith Stewart Stille Taylor Toole Tripp Umphlett Viers Whitmire Wilkins Witherspoon Young
RECAPITULATION
Total number of Senators voting 44
Total number of Representatives voting 118
Grand Total 162
Necessary to a choice 82
Of which Beatty received 84
Of which Williams received 78
Whereupon, the PRESIDENT announced that the Honorable Donald W. Beatty was elected for the term prescribed by law.
The President announced that nominations were in order for an At-Large Circuit Court Judge, Seat 5.
Senator McConnell, Chairman of the Judicial Merit Selection Commission, stated that the following candidates had been screened, found qualified, and placed their names in nomination: C. Anthony Harris, Jr., J. Mark Hayes, and H. Spencer King.
Senator McConnell stated that H. Spencer King and C. Anthony Harris, Jr. had withdrawn from the race.
On motion of Senator McConnell, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the remaining nominee, J. Mark Hayes.
Whereupon, the President announced that the Honorable J. Mark Hayes was duly elected for the term prescribed by law.
The President announced that nominations were in order for an At-Large Circuit Court Judge, Seat 9.
Senator McConnell, Chairman of the Judicial Merit Selection Commission, stated that the following candidates had been screened, found qualified, and placed their names in nomination: Palmer Freeman, Jr., L. Hunter Limbaugh, and Reginald I. Lloyd.
Senator McConnell stated that L. Hunter Limbaugh and Palmer Freeman, Jr. had withdrawn from the race.
On motion of Senator McConnell, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the remaining nominee, Reginald I. Lloyd.
Whereupon, the President announced that the Honorable Reginald I. Lloyd was duly elected for the term prescribed by law.
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 12:30 p.m. the House resumed, the SPEAKER in the Chair.
The SPEAKER granted Rep. STEWART a leave of absence for the remainder of the day.
Rep. DELLENEY moved that the House recede until 2:30 p.m., which was agreed to.
At 2:30 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. 3128 (Word version) -- Reps. Lourie, J. Brown, Clark, Cotty, J. H. Neal, Harrison, Govan, Gilham, Martin, Stille, Sinclair, J. E. Smith, W. D. Smith, Huggins, E. H. Pitts, Jennings, Emory, Skelton, Owens and Scott: A BILL TO AMEND SECTION 56-5-6540, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATIONS AND ENFORCEMENT OF THE STATE'S MANDATORY USE OF SEAT BELTS AND CHILD RESTRAINT SYSTEM REQUIREMENTS, SO AS TO PROVIDE THAT A LAW ENFORCEMENT OFFICER MAY STOP A DRIVER OF A MOTOR VEHICLE FOR ANY PRIMARY VIOLATION OF A PROVISION THAT REQUIRES A DRIVER OR PASSENGER TO WEAR A SEAT BELT OR A CHILD RESTRAINT SYSTEM.
Rep. LOURIE proposed the following Amendment No. 3 (Doc Name COUNCIL\NBD\11541CM03), which was adopted:
Amend the bill, as and if amended, Section 56-5-6540 as contained in SECTION 1, by adding the following appropriately lettered subsection:
/( ) A law enforcement officer must not stop a driver for a violation of this article except when the officer has probable cause for a violation of this article based on his clear and unobstructed view of a driver or an occupant of the motor vehicle who is not wearing a safety belt or is not secured in a child restraint system as required by Article 47 of this chapter. /
Amend the bill further, Section 56-5-6540(C) as contained in SECTION 1, page 2, by striking line 23 and inserting:
/searched solely because of a violation of this article, nor may consent to search be requested or a stop made/
Renumber sections to conform.
Amend title to conform.
Rep. LOURIE explained the amendment.
The amendment was then adopted.
Rep. BREELAND proposed the following Amendment No. 4 (Doc Name COUNCIL\PT\1520MM03), which was adopted:
Amend the bill, as and if amended, SECTION 2, page 2, line 26, by deleting the SECTION in its entirety and inserting:
/ SECTION 2. This act takes effect six months after the date of approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. BREELAND explained the amendment.
The amendment was then adopted.
Rep. STILLE spoke in favor of the Bill.
Rep. ALTMAN spoke against the Bill.
Rep. ALTMAN continued speaking.
Rep. SIMRILL spoke against the Bill.
Rep. SIMRILL continued speaking.
Rep. LOURIE spoke in favor of the Bill.
Rep. SCOTT spoke in favor of the Bill.
Rep. SCOTT continued speaking.
Rep. YOUNG moved to commit the Bill to the Committee on Judiciary.
Rep. TOWNSEND moved to table the motion.
Rep. ALTMAN demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Bailey Bales Bingham Bowers Branham Breeland J. Brown R. Brown Clark Clemmons Clyburn Cobb-Hunter Coleman Cotty Duncan Edge Gourdine Govan Harrison Haskins Hayes Herbkersman J. Hines M. Hines Hosey Howard Huggins Jennings Keegan Kennedy Lee Lloyd Lourie Mack Mahaffey Martin McLeod Miller Moody-Lawrence J. M. Neal Neilson Owens Parks E. H. Pitts M. A. Pitts Rhoad Rivers Scott Sheheen Sinclair Skelton D. C. Smith F. N. Smith J. E. Smith W. D. Smith Snow Stille Toole Townsend Walker Weeks Wilkins Witherspoon
Those who voted in the negative are:
Altman Anthony Barfield G. Brown Cato Ceips Chellis Coates Cooper Davenport Delleney Freeman Frye Hagood Hamilton Harrell Hinson Kirsh Koon Leach Limehouse Littlejohn Loftis Lucas McCraw McGee Merrill Ott Perry Phillips Pinson Quinn Rice Sandifer Scarborough Simrill G. M. Smith J. R. Smith Talley Taylor Thompson Tripp Trotter Umphlett Vaughn Viers White Whitmire Young
So, the motion to commit the Bill was tabled.
Rep. YOUNG moved to table the Bill.
Rep. SCOTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Altman Barfield Bowers Cato Chellis Davenport Delleney Frye Hamilton Harrell Haskins Hinson Kirsh Koon Leach Littlejohn Loftis McCraw Merrill Perry Phillips M. A. Pitts Quinn Rice Sandifer Scarborough Sheheen Simrill J. R. Smith Tripp Trotter Umphlett Vaughn Viers White Young
Those who voted in the negative are:
Allen Anthony Bailey Bales Bingham Branham Breeland G. Brown J. Brown R. Brown Ceips Clark Clemmons Clyburn Cobb-Hunter Coleman Cotty Duncan Edge Freeman Gourdine Govan Hagood Harrison Hayes Herbkersman J. Hines Hosey Howard Huggins Jennings Keegan Kennedy Lee Limehouse Lloyd Lourie Lucas Mack Mahaffey Martin McGee McLeod Miller Moody-Lawrence J. M. Neal Neilson Ott Owens Parks Pinson E. H. Pitts Rhoad Rivers Scott Sinclair Skelton D. C. Smith F. N. Smith G. M. Smith J. E. Smith W. D. Smith Snow Stille Talley Taylor Thompson Toole Townsend Walker Weeks Wilkins Witherspoon
So, the House refused to table the Bill.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Bales Bingham Branham Breeland J. Brown R. Brown Ceips Clark Clemmons Clyburn Coates Cobb-Hunter Cotty Duncan Edge Gourdine Govan Hagood Harrison Hayes Herbkersman J. Hines Hosey Howard Huggins Jennings Keegan Kennedy Lee Lloyd Lourie Lucas Mack Martin McGee McLeod Miller Moody-Lawrence J. M. Neal Neilson Ott Owens Parks Pinson E. H. Pitts Rhoad Rivers Scott Sinclair Skelton D. C. Smith F. N. Smith J. E. Smith W. D. Smith Snow Stille Taylor Toole Townsend Walker Weeks Whitmire Wilkins Witherspoon
Those who voted in the negative are:
Altman Anthony Barfield Bowers G. Brown Cato Chellis Coleman Cooper Davenport Delleney Freeman Frye Hamilton Harrell Haskins Hinson Kirsh Koon Leach Limehouse Littlejohn Loftis Mahaffey McCraw Merrill Perry Phillips M. A. Pitts Quinn Rice Sandifer Scarborough Sheheen Simrill G. M. Smith J. R. Smith Talley Thompson Tripp Trotter Umphlett Vaughn Viers White Young
So, the Bill, as amended, was read the second time and ordered to third reading.
I was meeting with constituents when the vote was taken. I wish to be recorded as voting yes, in favor of the Bill.
Rep. Jo Anne Gilham
I am opposed to House Bill 3128. I voted in the affirmative at the last minute in order to vote on the prevailing side in case I wanted to move the House to reconsider the vote. After considering the margin of victory for the Bill, I decided against a motion to reconsider.
Rep. Jeff Duncan
I was temporarily out of the Chamber. Had I been present, I would have voted in favor of H. 3128.
Rep. John J. Snow
The following Bill was taken up:
H. 3397 (Word version) -- Reps. Walker, Lourie and Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-31-80 SO AS TO ENCOURAGE TEXTBOOK PUBLISHERS TO PROVIDE COMPACT DISC COPIES OF THE TEXTBOOK OR AN EXTRA COPY OF THE TEXTBOOK FOR USE AT HOME FOR EACH MIDDLE AND SECONDARY SCHOOL TEXTBOOK PROVIDED TO THE STATE.
Rep. ALTMAN moved to adjourn debate on the Bill until Tuesday, April 22.
Rep. WALKER moved to table the motion.
Rep. PERRY demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anthony J. Brown Clyburn Duncan Harrison Hayes M. Hines Lee Littlejohn Lucas Mahaffey Martin Miller J. M. Neal Neilson E. H. Pitts Rhoad Rivers Rutherford Scott Simrill Sinclair J. E. Smith W. D. Smith Stille Townsend Walker
Those who voted in the negative are:
Allen Altman Bailey Bales Barfield Bingham Bowers Branham G. Brown Cato Chellis Clark Clemmons Coates Cobb-Hunter Cooper Davenport Delleney Edge Freeman Frye Govan Hagood Hamilton Harrell Harvin Herbkersman J. Hines Hinson Hosey Huggins Jennings Keegan Kirsh Koon Leach Limehouse Loftis McGee McLeod Merrill Moody-Lawrence Ott Owens Parks Perry Phillips Quinn Rice Sandifer Scarborough Sheheen Skelton F. N. Smith J. R. Smith Snow Talley Taylor Thompson Toole Tripp Trotter Umphlett Vaughn Weeks White Whitmire Witherspoon Young
So, the House refused to table the motion.
The question then recurred to the motion to adjourn debate until Tuesday, April 22 .
Rep. TOWNSEND demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Altman Anthony Bailey Bales Barfield Bingham Bowers Branham G. Brown J. Brown Cato Ceips Chellis Clemmons Clyburn Coates Cooper Cotty Davenport Delleney Edge Freeman Frye Gourdine Govan Hagood Hamilton Harrell Harvin Haskins Herbkersman J. Hines Hinson Hosey Howard Huggins Keegan Kennedy Kirsh Koon Leach Limehouse Littlejohn Loftis Mahaffey McCraw McGee Merrill Moody-Lawrence Neilson Ott Owens Perry Phillips Quinn Rhoad Rice Sandifer Scarborough Simrill Skelton F. N. Smith G. M. Smith J. R. Smith Snow Talley Taylor Thompson Toole Tripp Umphlett Vaughn Viers Walker Weeks White Whitmire Witherspoon Young
Those who voted in the negative are:
Allen Breeland R. Brown Clark Cobb-Hunter Duncan Harrison Hayes M. Hines Lloyd Lourie Lucas Mack Martin Miller Parks E. H. Pitts M. A. Pitts Rutherford Scott Sheheen Sinclair Stille Townsend
So, the motion to adjourn debate was agreed to.
Rep. COOPER moved that the House recur to the Morning Hour, which was agreed to.
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 3956 (Word version) -- Rep. Harrell: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO MODIFY THE FEDERAL INTERNAL REVENUE CODE TO ALLOW RETIREES TO PAY FOR HEALTH CARE COSTS ON A PRE-TAX BASIS.
On motion of Rep. HARRELL, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration:
H. 3956 (Word version) -- Rep. Harrell: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO MODIFY THE FEDERAL INTERNAL REVENUE CODE TO ALLOW RETIREES TO PAY FOR HEALTH CARE COSTS ON A PRE-TAX BASIS.
Whereas, health care costs are rising dramatically each year; and
Whereas, many state and local governments, including the State of South Carolina, provide health insurance programs for both their employees and retirees; and
Whereas, these programs allow employees and retirees access to health care at a reasonable cost; and
Whereas, some of the programs allow employees to pay for their health insurance premiums and other medical expenses on a pre-tax basis through cafeteria plans or flexible spending accounts, as authorized by the federal Internal Revenue Code; and
Whereas, current federal law fails to provide the same mechanism for retirees to pay for their health insurance premiums and other medical expenses on a pre-tax basis; and
Whereas, retirees on a fixed budget are disproportionately affected by rising health care costs; and
Whereas, this disparity of tax treatment between employees and retirees violates simple notions of fairness; and
Whereas, Representative Rob Portman and Representative Ben Cardin intend to introduce the Pension Preservation and Savings Expansion Act of 2003 in the United States Congress; and
Whereas, the proposed Pension Preservation and Savings Expansion Act of 2003 contains a provision modifying the federal Internal Revenue Code so that retirees may pay for health insurance and other medical expenses on a pre-tax basis. 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 modify the federal Internal Revenue Code so that retirees may pay for health insurance premiums and other medical expenses on a pre-tax basis.
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.
On motion of Rep. LITTLEJOHN, with unanimous consent, the following was taken up for immediate consideration:
H. 3971 (Word version) -- Rep. Littlejohn: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO JUSTIN ARTHUR OF COWPENS ON APRIL 30, 2003, AT A TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF BEING RECOGNIZED FOR WINNING THE FIRST INDIVIDUAL STATE TITLE IN WRESTLING FOR BROOME HIGH SCHOOL AND FOR HIS MANY ATHLETIC AND ACADEMIC ACCOMPLISHMENTS.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives is extended to Justin Arthur of Cowpens on April 30, 2003, at a time to be determined by the Speaker for the purpose of being recognized for winning the first individual State Title in wrestling for Broome High School and for his many athletic and academic accomplishments.
The Resolution was adopted.
The following was introduced:
H. 3972 (Word version) -- Rep. Littlejohn: A CONCURRENT RESOLUTION TO CONGRATULATE JUSTIN ARTHUR OF COWPENS FOR WINNING THE FIRST INDIVIDUAL STATE TITLE IN WRESTLING FOR BROOME HIGH SCHOOL, TO COMMEND HIM FOR HIS MANY OUTSTANDING ATHLETIC AND ACADEMIC ACHIEVEMENTS, AND TO WISH HIM EVERY SUCCESS IN ALL OF HIS FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. PHILLIPS, with unanimous consent, the following was taken up for immediate consideration:
H. 3973 (Word version) -- Rep. Phillips: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 7, 2003, AS THE TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARDS OF TRUSTEES OF CLEMSON UNIVERSITY, COASTAL CAROLINA UNIVERSITY, COLLEGE OF CHARLESTON, SOUTH CAROLINA STATE UNIVERSITY, UNIVERSITY OF SOUTH CAROLINA, AND WIL LOU GRAY OPPORTUNITY SCHOOL TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 2003, OR WHOSE POSITIONS OTHERWISE MUST BE FILLED; TO ELECT MEMBERS OF THE COMMISSION ON CONSUMER AFFAIRS TO SUCCEED A MEMBER WHOSE TERM EXPIRED IN 2002 AND A MEMBER WHOSE TERM EXPIRES IN 2003; AND TO ESTABLISH A PROCEDURE REGARDING NOMINATIONS AND NOMINATING AND SECONDING SPEECHES FOR THE CANDIDATES FOR THESE OFFICES DURING THE JOINT SESSION.
Be it resolved by the House of Representatives, the Senate concurring:
(1) that the House of Representatives and the Senate meet in joint session in the Hall of the House of Representatives at 12:00 noon, on Wednesday, May 7, 2003, for the purpose of electing members of the:
(a) Boards of Trustees of Clemson University, Coastal Carolina University, College of Charleston, South Carolina State University, University of South Carolina, and Wil Lou Gray Opportunity School to succeed those members whose terms expire in 2003, or whose positions otherwise must be filled; and
(b) Commission on Consumer Affairs to succeed a member whose term expired in 2002 and a member whose term expires in 2003;
(2) that all nominations be made by the Chairman of the Joint Legislative Committee which screened the candidates for the above offices and that no further nominating nor any seconding speeches be made during the joint session by members of the General Assembly on behalf of any of the candidates.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. TOWNSEND, with unanimous consent, the following was taken up for immediate consideration:
H. 3974 (Word version) -- Reps. Townsend and Martin: A CONCURRENT RESOLUTION TO DECLARE APRIL 2003 AS SOUTH CAROLINA WORK ZONE SAFETY AWARENESS MONTH.
Whereas, South Carolina highway work zone crashes resulted in 3,088 injuries and 62 deaths to highway workers and motorists between 1998 and 2002; and
Whereas, highway workers, including employees of the South Carolina Department of Transportation, law enforcement agencies, emergency medical services, utility companies, municipalities, counties, and highway contractors, regularly must work within the public right of way and in close proximity to traffic; and
Whereas, the leading causes of highway work zone crashes are all preventable, including driver inattention, driving too fast for conditions, failing to yield right of way, following too closely, changing lanes improperly, and driving under the influence; and
Whereas, to increase public awareness of the need for greater caution and care by motorists while driving through highway work zones and to promote safe practices by highway workers in highway work zones, the American Association of State Highway and Transportation Officials, the American Traffic Safety Services Association, the Associated General Contractors of the Carolinas, the Federal Highway Administration, the South Carolina Asphalt Pavement Association, the South Carolina Department of Public Safety, and the South Carolina Department of Transportation, have joined together to bring the National Work Zone Memorial tour to South Carolina and are supporting National Work Zone Safety Awareness Week during April; and
Whereas, the South Carolina General Assembly desires to promote highway worker safety and to encourage motorists traveling through South Carolina highway work zones to exercise caution and care. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That April 2003 is declared as Work Zone Safety Awareness Month in South Carolina.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3975 (Word version) -- Reps. Harvin and G. M. Smith: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON LEARNING OF THE DEATH OF MR. JERRY BRADSHAW OF MANNING AND TO EXTEND DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Resolution was adopted.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3976 (Word version) -- Reps. Thompson, Cooper, Owens, Sandifer, Skelton, Stille, Taylor, Townsend, Trotter, White and Whitmire: A BILL TO AMEND SECTION 14-7-1630, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURISDICTION OF THE GRAND JURY, SO AS TO ADD CRIMES INVOLVING ANY VIOLATION OF CHAPTER 1, TITLE 35 OF THE UNIFORM SECURITIES ACT, OR ANY CRIME RELATED TO SECURITIES FRAUD OR A VIOLATION OF THE SECURITIES LAWS; TO AMEND SECTION 35-1-1500, AS AMENDED, RELATING TO PERSONS JOINTLY AND SEVERALLY LIABLE WITH SELLER AND THEIR CONTRIBUTION, SO AS TO PROVIDE THAT EVERY PERSON WHO KNOWINGLY AND SUBSTANTIALLY ASSISTS A SELLER OR OTHER PERSON WHO ENGAGES IN FRAUDULENT ACTS IN VIOLATION OF THE SOUTH CAROLINA SECURITIES ACT WILL BE JOINTLY AND SEVERALLY LIABLE TO THE SAME EXTENT AS THE ASSISTED PERSON WHO ENGAGED IN THE FRAUDULENT ACTIVITY; AND TO AMEND SECTION 35-1-1530, AS AMENDED, RELATING TO LIMITATIONS OF ACTIONS AND THE EFFECT OF OFFER TO REFUND CONSIDERATION WITH INTEREST, SO AS TO REQUIRE THAT IN CASES INVOLVING DECEPTION TO INVESTORS THE LIMITATIONS PERIOD IS EXTENDED TO THREE YEARS AFTER DISCOVERY OF THE UNTRUE STATEMENT OR OMISSION, OR AFTER THE DISCOVERY SHOULD HAVE BEEN MADE BY REASONABLE DILIGENCE.
Referred to Committee on Judiciary
H. 3977 (Word version) -- Reps. Umphlett, Bailey, Clark, Clemmons, Keegan, Lee and Sinclair: A BILL TO AMEND SECTION 50-11-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADOPTION OF THE FEDERAL MIGRATORY BIRD TREATY ACT, REGULATIONS, AND PROHIBITIONS CONCERNING HUNTING WATERFOWL, SO AS TO PROVIDE THAT THE DESIGNATED HUNTING HOURS FOR WATERFOWL ARE FROM ONE-HALF HOUR BEFORE SUNRISE UNTIL NOON ON DAYS WHEN HUNTING WATERFOWL IS LAWFUL.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 3978 (Word version) -- Reps. J. E. Smith and Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2972 SO AS TO BAN THE USE OF CORPORAL PUNISHMENT IN CHILDCARE FACILITIES THAT ARE REQUIRED TO BE LICENSED, REGISTERED, OR APPROVED EXCEPT IN CERTAIN CASES AND TO DEFINE CORPORAL PUNISHMENT.
Referred to Committee on Judiciary
H. 3979 (Word version) -- Rep. J. E. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-37-185 SO AS TO REQUIRE AN OPTOMETRIST TO RELEASE A PATIENT'S LENS PRESCRIPTION TO THE PATIENT UPON REQUEST.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 3980 (Word version) -- Reps. J. E. Smith and Lourie: A BILL TO AMEND SUBARTICLE 11, ARTICLE 13, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-3080 SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO PROMULGATE REGULATIONS ESTABLISHING A VOLUNTARY RATING SYSTEM FOR CHILDCARE FACILITIES LICENSED OR REGISTERED BY THE DEPARTMENT.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 3981 (Word version) -- Reps. J. E. Smith and G. M. Smith: A BILL TO AMEND SECTION 12-4-580, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTHORITY OF THE DEPARTMENT OF REVENUE TO CONTRACT TO COLLECT AN OUTSTANDING LIABILITY OWED TO A GOVERNMENTAL ENTITY, SO AS TO LIMIT THE DEPARTMENT'S WAGE GARNISHMENT POWERS TO COLLECTION OF AN OUTSTANDING TAX LIABILITY AND TO DEFINE "OUTSTANDING TAX LIABILITY OWED A GOVERNMENTAL ENTITY".
Referred to Committee on Ways and Means
H. 3982 (Word version) -- Reps. M. A. Pitts, Branham, Clyburn, Coates, Duncan, Herbkersman, Stille, Taylor, Vaughn and Witherspoon: A BILL TO AMEND SECTION 50-3-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MITIGATION TRUST FUND ADMINISTERED BY THE BOARD OF THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO PROVIDE FOR THE AUTHORITY OF THE TRUSTEES OF THIS FUND, AND TO CLARIFY THE PURPOSES OF THE FUND AND THE USES FOR WHICH THE FUNDS MAY BE EXPENDED.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 3983 (Word version) -- Reps. Hamilton, Lourie, Bales, Branham, Haskins, M. Hines, Leach, Martin and Rivers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-149-55 SO AS TO REVISE THE ELIGIBILITY CRITERIA TO RETAIN A LIFE SCHOLARSHIP FOR STUDENTS WHO RECEIVE A LIFE SCHOLARSHIP AS AN ENTERING FRESHMAN AND TO REVISE THE ELIGIBILITY CRITERIA TO RECEIVE A LIFE SCHOLARSHIP FOR STUDENTS WHO FAIL TO RETAIN A PALMETTO FELLOWS SCHOLARSHIP; AND TO AMEND SECTION 59-149-50, AS AMENDED, RELATING TO ELIGIBILITY FOR LIFE SCHOLARSHIPS, SO AS TO CONFORM THE PROVISIONS OF THIS SECTION TO THE PROVISIONS OF SECTION 59-149-55.
Referred to Committee on Ways and Means
H. 3984 (Word version) -- Reps. R. Brown, Hosey, McLeod, Whipper, Bailey, Battle, Breeland, G. Brown, Clark, Hagood, J. Hines, Littlejohn, Miller, Pinson, M. A. Pitts, Rhoad, Rivers, Sandifer, Snow, Taylor, Vaughn, Whitmire and Wilkins: A BILL TO AMEND SECTIONS 2-17-10 AND 8-13-1300, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING, RESPECTIVELY, TO DEFINITIONS CONCERNING LOBBYISTS AND LOBBYING AND CAMPAIGN PRACTICES, BOTH SO AS TO REVISE THE DEFINITION OF "LEGISLATIVE CAUCUS" TO INCLUDE A CAUCUS BASED ON PREVIOUS OR CURRENT HONORABLE SERVICE AS A MEMBER OF THE ARMED FORCES OF THE UNITED STATES OR OF A RESERVE COMPONENT OF THE ARMED FORCES OF THE UNITED STATES, THE NATIONAL GUARD OF SOUTH CAROLINA OR ANOTHER STATE, OR THE STATE GUARD OF SOUTH CAROLINA OR ITS EQUIVALENT IN ANOTHER STATE, OR LENGTH OF SERVICE IN THE GENERAL ASSEMBLY.
Referred to Committee on Judiciary
H. 3985 (Word version) -- Rep. G. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 22-2-180 SO AS TO PROVIDE THAT A PERSON IS A RESIDENT OF A JURY AREA FOR PURPOSES OF BEING ELIGIBLE TO SERVE ON A MAGISTRATE'S JURY THAT MUST BE SELECTED FROM A PARTICULAR MAGISTRATE'S DISTRICT OR JURY AREA IF THE PERSON IS A QUALIFIED ELECTOR RESIDING WITHIN THE PARTICULAR MAGISTRATE'S DISTRICT OR JURY AREA, OR IS A QUALIFIED ELECTOR RESIDING WITHIN A VOTING PRECINCT LYING WHOLLY OR PARTIALLY WITHIN THE MAGISTRATE'S DISTRICT OR JURY AREA FROM WHICH THE MAGISTRATE'S COURT JURY MUST BE DRAWN.
Referred to Committee on Judiciary
H. 3986 (Word version) -- Rep. Cooper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 12-21-4007 AND 12-21-4009 SO AS TO ADD SPECIFICATIONS FOR A SITE SYSTEM AND ELECTRONIC BINGO DABBER AND PROVIDE FOR THE LIMITED USE OF AN ELECTRONIC OR MECHANICAL DEVICE DESIGNED FOR A BINGO GAME; TO AMEND SECTION 12-21-3920, AS AMENDED, RELATING TO DEFINITIONS USED IN CONNECTION WITH PLAYING BINGO, SO AS TO CHANGE THE DEFINITION OF "CARD" TO COMPLY WITH PROVISIONS WHEN AN ELECTRONIC DABBER IS USED; TO AMEND SECTION 12-21-3990, AS AMENDED, RELATING TO THE MANNER OF PLAYING BINGO, SO AS TO CHANGE THE TIME THE AMOUNT OF THE PRIZE MUST BE ANNOUNCED AND THE AMOUNT OF THE PRIZE; TO AMEND SECTION 12-21-4000, AS AMENDED, RELATING TO BINGO PROCEDURES AND THE VARIOUS CLASSES OF A BINGO LICENSE, SO AS TO CLARIFY ON WHICH BASIS THE AMOUNT OF THE PRIZE IS CALCULATED AND PROVIDE FOR THE REGULATION OF PROMOTIONS CONDUCTED DURING A BINGO SESSION; AND TO AMEND SECTIONS 12-21-4020 AND 12-21-4120, BOTH AS AMENDED, RELATING TO THE RIGHT TO A CONFERENCE FOLLOWING A VIOLATION, SO AS TO REQUIRE THE DEPARTMENT OF REVENUE TO RESPOND IN WRITING AND SPECIFY WHAT INFORMATION MUST BE INCLUDED IN THE RESPONSE.
Referred to Committee on Ways and Means
H. 3987 (Word version) -- Rep. White: A BILL TO AMEND SECTION 44-7-2910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL RECORD CHECKS FOR DIRECT CAREGIVERS IN NURSING HOMES AND OTHER FACILITIES PROVIDING CARE TO ADULTS, SO AS TO REQUIRE A FACILITY TO COMMENCE A CRIMINAL RECORD CHECK WITHIN SEVEN DAYS OF EMPLOYING OR CONTRACTING WITH A DIRECT CAREGIVER, TO REQUIRE EMPLOYMENT AGENCIES PLACING DIRECT CAREGIVERS TO HAVE SUCH CHECKS CONDUCTED AND TO MAINTAIN A RECORD OF THE RESULTS OF THE CHECK AT THE EMPLOYMENT AGENCY, TO DELETE FACULTY AND STUDENTS IN EDUCATIONAL PROGRAMS IN DIRECT CARE FACILITIES FROM THE DEFINITION OF "DIRECT CAREGIVER", TO REQUIRE A DIRECT CAREGIVER ANNUALLY TO SIGN A STATEMENT THAT HE HAS NOT BEEN CONVICTED OF CERTAIN ENUMERATED CRIMES, AND TO DELETE PROVISIONS EXEMPTING CAREGIVER APPLICANTS WHO ARE RESIDENTS OF NORTH CAROLINA OR GEORGIA FROM A FEDERAL CRIMINAL RECORD CHECK.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 3988 (Word version) -- Reps. J. E. Smith and Cobb-Hunter: A BILL TO AMEND SECTIONS 7-11-20 AND 7-13-15, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARTY CONVENTION PRIMARIES CONDUCED BY THE STATE ELECTION COMMISSION, SO AS TO REQUIRE THE STATE ELECTION COMMISSION TO CONDUCT PRESIDENTIAL PREFERENCE PRIMARIES; AND TO REPEAL SECTION 7-11-25 RELATING TO POLITICAL PARTIES NOT PROHIBITED FROM CONDUCTING PRESIDENTIAL OR ADVISORY PRIMARIES.
Referred to Committee on Judiciary
H. 3989 (Word version) -- Reps. Rhoad and Witherspoon: A BILL TO AMEND SECTION 50-5-1506, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISHING FOR SHAD FOR COMMERCIAL PURPOSES IN THE ATLANTIC OCEAN, SO AS TO CLOSE THE SEASON, AND TO PROVIDE THAT THERE BE NO LAWFUL TIMES, METHODS, AND EQUIPMENT, OR SIZE AND TAKE LIMITS FOR SHAD IN THE ATLANTIC OCEAN BEGINNING JULY 1, 2004.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 3990 (Word version) -- Reps. Limehouse, Hagood, Breeland, Ceips, Hamilton, Harrell, Mack and Scarborough: A BILL TO AMEND ARTICLE 62, CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ARTIFICIAL REEF SPECIAL LICENSE PLATE, SO AS TO RENAME IT THE "SALTWATER FISHING" SPECIAL LICENSE PLATE, AND PROVIDE THAT THE PORTION OF THE PROCEEDS COLLECTED FROM THE ISSUANCE OF THIS SPECIAL LICENSE PLATE THAT WAS USED TO SUPPORT ARTIFICIAL REEF DEVELOPMENT, MAINTENANCE, AND MANAGEMENT MUST BE USED TO MANAGE AND CONSERVE THE MARINE RESOURCES OF THIS STATE.
Referred to Committee on Education and Public Works
H. 3991 (Word version) -- Reps. Loftis, Altman, Battle, Dantzler, Davenport, Frye, Gilham, Herbkersman, Keegan, Koon, Leach, Mahaffey, Moody-Lawrence, Neilson, Perry, Rice, Rivers, Sinclair, Snow and Umphlett: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-31-225 SO AS TO PROVIDE THAT IF A BOARD OF COMMISSIONERS OF PUBLIC WORKS PROVIDES WATER SERVICE TO CUSTOMERS OUTSIDE THE CORPORATE LIMITS OF THAT MUNICIPALITY, THOSE CUSTOMERS TO WHOM WATER SERVICE IS PROVIDED ARE DEEMED QUALIFIED ELECTORS FOR THE ELECTION OF COMMISSIONERS OF PUBLIC WORKS AND MAY VOTE FOR THESE COMMISSIONERS AT THE TIME OF THEIR ELECTION.
Referred to Committee on Judiciary
Rep. SANDIFER moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 3904 (Word version) -- Reps. Tripp, 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, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO CONTINUE TO ALLOW THE STATES TO REGULATE INSURANCE COMPANIES, AND TO OPPOSE ANY PROPOSAL TO ESTABLISH EITHER A FEDERAL OR A BIFURCATED SYSTEM OF INSURANCE REGULATION OR TO CEDE AUTHORITY TO FEDERAL AGENCIES TO REGULATE FINANCIAL INSTITUTIONS INVOLVED IN THE BUSINESS OF INSURANCE.
At 4:10 p.m. the House, in accordance with the motion of Rep. MCCRAW, adjourned in memory of Robert Campbell of Gaffney, to meet at 10:00 a.m. tomorrow.
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