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 Jeremiah 17:5: "This is what the Lord says: 'Cursed is the one who trusts in man, who depends on flesh for his strength and whose heart turns away from the Lord'."
Let us pray. O Lord, our Light, give light to our confusion. Help us know You are with us as we face competition and contradiction in life. Give us Your light as we discuss and debate items of interest and good for this State and her people. Provide us a sense of caring for all who have entrusted these men and women to represent them. Protect and keep them in Your favor. Bless our leaders in this State and nation with wisdom. Protect our troops from all harm. Hear our prayer O God of Might. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. COATES moved that when the House adjourns, it adjourn in memory of Judge Shirley Vause of Otlanta, which was agreed to.
Rep. W. D. SMITH moved that when the House adjourns it adjourn to meet in Local Session tomorrow and in Statewide Session on Tuesday, April 22, at 12:00 noon, which was agreed to.
The SPEAKER, pursuant to Rule 6.1b, stated that the House would meet on Wednesday, April 16, at 10:00 a.m., and on Monday, April 21, at 10:00 a.m.
The following was received:
Columbia, S.C., April 10, 2003
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 10:30 a.m. Wednesday, April 16, 2003, for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. W. D. SMITH the invitation was accepted.
The following was received:
Columbia, S.C., April 9, 2003
Mr. Speaker and Members of the House of Representatives:
The Senate respectfully informs your Honorable Body that it has confirmed the Governor's appointment of:
Spartanburg County Master-in-Equity
Term Commencing: June 30, 2003
Term Expiring: June 30, 2009
Seat: Master-in-Equity
Initial Appointment
The Honorable Roger L. Crouch
Post Office Box 5666
Spartanburg, South Carolina 29301
Very respectfully,
President of the Senate
Received as Information.
The following was received:
Columbia, S.C., April 9, 2003
Mr. Speaker and Members of the House of Representatives:
The Senate respectfully informs your Honorable Body that it has confirmed the Governor's appointment of:
Greenville County Master-in-Equity
Term Commencing: December 31, 1997
Term Expiring: December 31, 2003
Seat: Master-in-Equity
Reappointment
The Honorable Charles B. Simmons, Jr.
Post Office Box 2207
Greenville, South Carolina 29301
Very respectfully,
President of the Senate
Received as information.
The following was received from the Senate:
Columbia, S.C., April 9, 2003
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to S. 438:
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.
and asks for a Committee of Conference and has appointed Senators Jackson, Hayes and Short of the Committee of Conference on the part of the Senate.
Very respectfully,
President
Whereupon, the Chair appointed Reps. CATO, CHELLIS and J. H. NEAL to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3052 (Word version) -- Reps. Harrison, Simrill, Vaughn, Hinson, W. D. Smith, Kirsh, Sandifer, Umphlett, Talley, Merrill, Cobb-Hunter, Witherspoon, Ceips and Richardson: A BILL TO AMEND SECTION 16-11-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LITTERING, SO AS TO PROVIDE THAT WHEN A SENTENCE FOR A VIOLATION OF THE PROVISIONS THAT PROHIBIT LITTERING INCLUDES LITTER-GATHERING LABOR IN ADDITION TO A FINE OR IMPRISONMENT, THE LITTER-GATHERING PORTION OF THE SENTENCE IS MANDATORY AND MUST NOT BE SUSPENDED NOR PROBATION GRANTED IN LIEU OF THE LITTER-GATHERING REQUIREMENT EXCEPT FOR A PERSON'S PHYSICAL OR OTHER INCAPACITIES.
Ordered for consideration tomorrow.
The following was introduced:
H. 3992 (Word version) -- Rep. J. R. Smith: A CONCURRENT RESOLUTION TO CONGRATULATE THE MEMBERS OF THE 1953 GRADUATING CLASS OF LANGLEY-BATH-CLEARWATER HIGH SCHOOL ON THE OCCASION OF THEIR FIFTIETH CLASS REUNION AND TO COMMEND ITS MEMBERS FOR THEIR MANY ACCOMPLISHMENTS AND CONTRIBUTIONS TO THEIR COMMUNITY AND STATE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. HOSEY, with unanimous consent, the following was taken up for immediate consideration:
H. 3993 (Word version) -- Reps. Hosey, 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, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION EXPRESSING THE SINCEREST SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA AT THE DEATH OF SERGEANT GEORGE EDWARD BUGGS OF BARNWELL COUNTY IN OPERATION IRAQI FREEDOM AND THEIR DEEPEST GRATITUDE FOR HIS UNSELFISH AND COURAGEOUS DEFENSE OF THE FUNDAMENTAL FREEDOMS OF OUR COUNTRY.
Whereas, Sergeant George Edward Buggs of Barnwell County had been missing in action from his assignment in Operation Iraqi Freedom with the 3rd Forward Support Battalion of the 3rd Infantry Division of Fort Stewart, Georgia, since Sunday, March 23, 2003; and
Whereas, the convoy in which this brave son of South Carolina was traveling on that day was ambushed and he was taken captive along with a number of other United States troops; and
Whereas, it was confirmed Saturday, April 5, 2003, that Sergeant Buggs' body was among those of eight soldiers recovered April first when U.S. Special Forces stormed a hospital in Nasiriyah to rescue the badly injured Private Jessica Lynch; and
Whereas, Sergeant Buggs leaves a legacy of bravery and honor to his twelve-year-old son Guy, his paternal grandparents George and Florine Buggs, his wife Wanda, his mother, father, maternal grandmother, and other family, friends, and former classmates at Barnwell High School, all who will forever recall his unselfish undertaking to help defend our country from terrorism and the Iraqi people from tyranny; and
Whereas, his life and death will be a constant reminder through history to the people of South Carolina of the proud tradition of its citizen-soldiers in laying down their lives for freedom. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, express their sincerest sorrow at the death of Sergeant George Edward Buggs of Barnwell County in Operation Iraqi Freedom and their deepest gratitude for his unselfish and courageous defense of the fundamental freedoms of our country.
Be it further resolved that a copy of this resolution be presented to his family.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 3994 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO CREATING MORE EFFECTIVE PARTNERSHIPS AMONG THE SCHOOLS, PARENTS, COMMUNITY AND BUSINESS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2750, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
H. 3995 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO TEST SECURITY, DESIGNATED AS REGULATION DOCUMENT NUMBER 2763, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
H. 3996 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO HOMEBOUND INSTRUCTION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2797, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
S. 36 (Word version) -- Senators Knotts, Moore, J. V. Smith, Elliott, Ravenel, Reese, Short, Setzler and Courson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 TO TITLE 47 SO AS TO PROVIDE FOR THE PROTECTION OF GUIDE DOGS AND SERVICE ANIMALS AND TO PROVIDE PENALTIES; AND TO AMEND SECTION 43-33-20, RELATING TO RIGHTS OF BLIND AND OTHER PHYSICALLY DISABLED PERSONS TO USE PUBLIC FACILITIES, SO AS TO PROVIDE A CROSS REFERENCE TO ARTICLE 15 OF TITLE 47 IN SECTION 43-33-20 PERTAINING TO THE RIGHTS OF PHYSICALLY DISABLED PERSONS.
Referred to Committee on Medical, Military, Public and Municipal Affairs
S. 90 (Word version) -- Senators Hayes, Ravenel, Reese and Rankin: A BILL TO AMEND SECTION 59-18-1580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DECLARATION OF A STATE OF EMERGENCY IN A SCHOOL DISTRICT RATED UNSATISFACTORY, SO AS TO AUTHORIZE THE STATE BOARD OF EDUCATION, THROUGH THE STATE SUPERINTENDENT, TO IMPLEMENT A TRAINING PROGRAM FOR THE SCHOOL DISTRICT BOARD OF TRUSTEES AND THE DISTRICT SUPERINTENDENT, TO AUTHORIZE THE STATE BOARD OF EDUCATION TO ACT AS A MEDIATOR OF PERSONNEL ISSUES BETWEEN THE DISTRICT BOARD AND DISTRICT SUPERINTENDENT, TO PROVIDE THAT THE EDUCATION OVERSIGHT COMMITTEE RECRUIT AND TRAIN CITIZENS TO FORM A POOL FOR THE APPOINTMENT OF NONVOTING MEMBERS TO THE DISTRICT BOARD IN A DISTRICT CONSIDERED TO BE UNSATISFACTORY, TO REQUIRE THE DISTRICT BOARD TO MAKE AT LEAST TWO APPOINTMENTS FROM THE POOL TO THE DISTRICT BOARD FOR THE PURPOSE OF REPRESENTING THE INTERESTS OF THE STATE BOARD OF EDUCATION IN A DISTRICT RATED UNSATISFACTORY, AND TO PROVIDE FOR COMPENSATION OF THE NONVOTING MEMBERS.
Referred to Committee on Education and Public Works
S. 342 (Word version) -- Senator McConnell: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 41 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL ISSUE "SOUTH CAROLINA ELKS ASSOCIATION" SPECIAL LICENSE PLATES, AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FOR THESE SPECIAL LICENSE PLATES.
Referred to Committee on Education and Public Works
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 Coates Cobb-Hunter Cooper Davenport Delleney Duncan Edge Emory Freeman Frye Gilham Gourdine Govan Hagood Hamilton Harrell Harrison Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hosey Howard Huggins Keegan Kennedy Kirsh Koon Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mahaffey McCraw McGee Merrill Miller J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Rhoad Rice Rivers Sandifer Scarborough Scott Sheheen Simrill Sinclair Skelton D. C. Smith G. M. Smith J. E. Smith J. R. Smith W. D. Smith Snow Stewart Stille Talley Taylor Thompson Toole Townsend Tripp Trotter Umphlett Vaughn Viers Weeks White Whitmire Wilkins Witherspoon Young
I came in after the roll call and was present for the Session on Thursday, April 10.
William Clyburn Bessie Moody-Lawrence Bill Cotty Becky Martin David Mack Douglas Jennings Walton McLeod Todd Rutherford Fletcher Smith Alex Harvin Creighton Coleman Robert Walker
The SPEAKER granted Rep. RICHARDSON a leave of absence for the day due to illness.
Announcement was made that Dr. William B. Jones of Greenville is the Doctor of the Day for the General Assembly.
Reps. M. A. PITTS, TAYLOR and DUNCAN presented to the House the Laurens Academy "Crusaders" Boys Basketball Team, the 2003 SCISA Class A State Champions, their coach, and other school officials.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 3970 (Word version)
Date: ADD:
04/10/03 MARTIN
Bill Number: H. 3586 (Word version)
Date: ADD:
04/10/03 THOMPSON
Bill Number: H. 3516 (Word version)
Date: ADD:
04/10/03 EDGE
Bill Number: H. 3187 (Word version)
Date: ADD:
04/10/03 EDGE
Bill Number: H. 3591 (Word version)
Date: ADD:
04/10/03 BAILEY
Bill Number: H. 3777 (Word version)
Date: REMOVE:
04/10/03 PINSON
The following Bill and Joint Resolution were taken up, read the third time, and ordered sent to the Senate:
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, read the third time, and ordered returned to the Senate with amendments:
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.
The following Bill was taken up:
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.
Rep. DUNCAN made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 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.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\PT\1511MM03):
Amend the bill, by striking all after the enacting words and inserting:
"Section 58-3-230. (A) A utility, as defined in Sections 58-5-10, 58-9-10, and 58-27-10, may not submit a change request for a customer's utility service until the customer's authorization for the change is obtained by using marketing or anti-slamming guidelines approved by the appropriate federal and state regulatory agencies. In the case of utilities defined by Section 58-9-10, the appropriate regulatory agencies are the Federal Communications Commission and the South Carolina Public Service Commission. If a utility other than that directly receiving the customer authorization subsequently effects the change into billing or operational systems, it is not:
(1) required to secure additional customer authorization; and
(2) liable pursuant to this section for errors, omissions, or unauthorized changes submitted by the utility originating the request.
(B) A utility defined in Sections 58-5-10 and 58-27-10 that violates subsection (A) is liable to the customer for all charges incurred by the customer, in excess of those normally incurred through his designated provider, during the period of the unauthorized change.
(C) A utility defined in Section 58-9-10 that violates subsection (A) is liable as specified in Federal Communications Commission guidelines promulgated pursuant to the United States Code of Laws, Chapter 1, Title 47.
(D) A utility, as defined in Sections 58-5-10, 58-9-10, and 58-27-10, that wilfully, knowingly, or repeatedly violates the provisions of subsection (A) is subject to a fine of not less than two thousand dollars nor more than ten thousand dollars for each violation. The fines collected by the Public Service Commission pursuant to this section must remain with the commission and be used to offset costs associated with this section.
(E) As used in this section 'customer' means:
(1) the party identified in the account records of a utility as the one responsible for payment of the utility bill;
(2) an adult person authorized by the responsible party to change utility services or to charge services to the account; or
(3) a person contractually or otherwise lawfully authorized to represent the responsible party."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. SANDIFER explained the amendment.
Rep. YOUNG made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
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.
Rep. SANDIFER explained the Bill.
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.
Rep. ALTMAN explained the Bill.
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.
Rep. DELLENEY explained the Bill.
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.
Rep. TOWNSEND explained the Bill.
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.
Rep. MCGEE explained the Joint Resolution.
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.
Rep. HARRELL explained the Joint Resolution.
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.
Rep. TOWNSEND explained the Bill.
On motion of Rep. CATO, with unanimous consent, it was ordered that S. 448 (Word version) be read the third time tomorrow.
On motion of Rep. ALTMAN, with unanimous consent, it was ordered that H. 3552 (Word version) be read the third time tomorrow.
On motion of Rep. DELLENEY, with unanimous consent, it was ordered that S. 508 (Word version) be read the third time tomorrow.
On motion of Rep. TOWNSEND, with unanimous consent, it was ordered that H. 3805 (Word version) be read the third time tomorrow.
On motion of Rep. MCGEE, with unanimous consent, it was ordered that S. 269 (Word version) be read the third time tomorrow.
On motion of Rep. HARRELL, with unanimous consent, it was ordered that S. 444 (Word version) be read the third time tomorrow.
On motion of Rep. TOWNSEND, with unanimous consent, it was ordered that S. 344 (Word version) be read the third time tomorrow.
The following Bill was taken up:
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.
Rep. SCOTT made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 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.
Rep. HAYES made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 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.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\11498AC03), which was adopted:
Amend the bill, as and if amended, Section 23-6-435, page 2, immediately after line 13, by inserting:
/(D) The requirement for law enforcement officers to complete continuing education credits in vulnerable adult abuse does not take effect until funding becomes available./
Renumber sections to conform.
Amend title to conform.
Rep. ALTMAN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. ALTMAN, with unanimous consent, it was ordered that H. 3212 (Word version) be read the third time tomorrow.
The following Bill was taken up:
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.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\11551AC03):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. the 1976 Code is amended by adding:
"Section 20-7-1550. In an action in which child custody or visitation is in dispute, there is a rebuttable presumption that joint custody is in the best interest of the child. However, the judge may designate one parent as the primary caregiver and the other parent as the secondary caregiver."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. ALTMAN explained the amendment.
Reps. LUCAS, G. M. SMITH, WEEKS, MACK, SHEHEEN and J. H. NEAL requested debate on the Bill.
The following Bill was taken up:
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.
Rep. G. M. SMITH proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\5365CM03), which was adopted:
Amend the bill, as and if amended, Section 44-53-391(C), as contained in SECTION 1, page 2, by striking line 19 and inserting:
/ five hundred dollars, or imprisoned not more than thirty days, or both. /
Renumber sections to conform.
Amend title to conform.
Rep. G. M. SMITH explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. HARRISON, with unanimous consent, it was ordered that H. 3332 (Word version) be read the third time tomorrow.
The following Bill was taken up:
H. 3516 (Word version) -- Reps. Vaughn, Whipper, Hamilton, Bailey, Chellis, Frye, Gilham, Haskins, Howard, Koon, Littlejohn, Mahaffey, Sinclair, Snow, Stille, Taylor, Cotty and Edge: 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.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\5348CM03), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1, and inserting:
/SECTION 1. Section 16-13-420 of the 1976 Code, as last amended by Act 409 of 2000, is further amended to read:
"Section 16-13-420. (A) A person having any motor vehicle, trailer, appliance, equipment, tool, clothing, or formal wear in his possession or under his control by virtue of a lease or rental agreement is guilty of larceny if he:
(1) wilfully and fraudulently fails to return the motor vehicle, trailer, appliance, equipment, tool, clothing, or formal wear within seventy-two hours after the lease or rental agreement has expired;
(2) fraudulently secretes or appropriates the property to any use or purpose not within the due and lawful execution of his lease or rental agreement.
The provisions of this section do not apply to lease-purchase agreements or conditional sales type contracts.
(B) A person who violates the provisions of this section is guilty of a:
(1) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both, if the value of the rented or leased item is five thousand dollars or more;
(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both, if the value of the rented or leased item is more than one thousand dollars but less than five thousand dollars;
(3) misdemeanor triable in magistrate's court if the value of the rented or leased item is one thousand dollars or less. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment or indictment by the grand jury.
(C) Pursuant to a violation of this section, the circuit court judge or magistrate may order restitution in an appropriate amount based on the loss of revenue or replacement value, whichever is less." /
Renumber sections to conform.
Amend title to conform.
Rep. LUCAS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. HARRISON, with unanimous consent, it was ordered that H. 3516 (Word version) be read the third time tomorrow.
The following Bill was taken up:
H. 3187 (Word version) -- Reps. Merrill, Viers, Stille, Walker, Richardson, Cotty and Edge: 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.
Rep. PERRY made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 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".
Rep. G. BROWN made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 3591 (Word version) -- Reps. Davenport and Bailey: 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.
Rep. WHITE made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 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.
Rep. KOON made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 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.
Rep. MOODY-LAWRENCE made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 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.
Rep. WEEKS made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 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, Gilham and Thompson: 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.
Rep. JENNINGS made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
S. 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.
Rep. HARRELL made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 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.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\22055HTC03), which was adopted:
Amend the bill, as and if amended, by striking SECTIONS 1 and 2 and inserting:
/ SECTION 1. Section 4 of Act 314 of 2000 is amended to read:
"SECTION 4. Unless reauthorized by the General Assembly, the provisions of this chapter shall terminate on June 30, 2005 2010 and this chapter and all other laws and regulations governing, authorizing, and otherwise dealing with community development corporations and community development financial institutions are deemed repealed on that date." /
Renumber sections to conform.
Amend title to conform.
Rep. MCGEE explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. MCGEE, with unanimous consent, it was ordered that H. 3641 (Word version) be read the third time tomorrow.
The following Bill was taken up:
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.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\22053HTC03), which was adopted:
Amend the bill, as and if amended, in Section 12-55-30(A), as contained in SECTION 1, page 2, by striking item (1) and inserting:
/ (1) 'Overdue tax debt' means any part of a tax debt that remains unpaid one hundred twenty days or more after the first notice. /
Amend the bill further, as and if amended, page 2, by striking Section 12-55-70 and inserting:
/ Section 12-55-70. The proceeds of the collection assistance fee must be credited to a special account within the department and must be used to fund the South Carolina Business One Stop (SCBOS) program within the department. Any excess proceeds of the collection assistance fee above the amount required to fund the SCBOS program must be credited to the department to be retained and expended for use in budgeted operations. /
Amend the bill further, as and if amended, page 3, by striking SECTION 2 and inserting:
/ SECTION 2. This act takes effect upon approval by the Governor and the 'Overdue Tax Debt Collection Act' as added by this act applies for all tax debts incurred before which remain outstanding on December 1, 2002, and to all tax debts incurred on or after December 1, 2002. /
Renumber sections to conform.
Amend title to conform.
Rep. RICE explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. RICE, with unanimous consent, it was ordered that H. 3065 (Word version) be read the third time tomorrow.
The following Bill was taken up:
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.
Rep. HAMILTON made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 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.
Rep. KENNEDY made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 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.
Rep. HARRELL made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
S. 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.
Rep. W. D. SMITH made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 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.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\22054HTC03), which was adopted:
Amend the bill, as and if amended, in Section 12-36-2120(57)(a), as contained in SECTION 1, page 1, by striking subitem (vi) and inserting:
/ (vi) reading glasses and prescription glasses. /
Renumber sections to conform.
Amend title to conform.
Rep. VAUGHN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. VAUGHN, with unanimous consent, it was ordered that H. 3598 (Word version) be read the third time tomorrow.
The following Bill was taken up:
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.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\22051HTC03), which was adopted:
Amend the bill, as and if amended, by striking Section 11-5-120 as contained in SECTION 1 and inserting:
/ Section 11-5-120. The Treasurer shall publish, quarterly, by electronic means and in a manner that allows for public review, in one daily paper in the city of Columbia a statement showing the amount of money on hand and in what banks it is deposited and the respective funds to which it belongs. Notwithstanding the provisions of this section, electronic publication does not satisfy other publication or public notice requirements imposed by law. /
Renumber sections to conform.
Amend title to conform.
Rep. VAUGHN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. VAUGHN, with unanimous consent, it was ordered that H. 3567 (Word version) be read the third time tomorrow.
The Senate amendments to the following Bill were taken up for consideration:
H. 3353 (Word version) -- Reps. Rhoad, Ott, Frye, Koon, Snow, Witherspoon, R. Brown, Coates, Cobb-Hunter, J. E. Smith, Hayes, Anthony, Bales, G. Brown, Emory, Kennedy, Kirsh, Limehouse, McCraw, J. M. Neal, Phillips, Rivers, Scarborough, G. M. Smith, Tripp, Umphlett and Lloyd: A BILL TO AMEND SECTION 50-11-1760, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BRINGING INTO OR RELEASING A COYOTE IN THIS STATE BEING UNLAWFUL, SO AS TO PROVIDE AN EXCEPTION, AND TO DELETE THE REQUIREMENT THAT A PERMIT BE OBTAINED BEFORE TRAPPING COYOTES OUTSIDE THE PRESCRIBED TRAP DISTANCE LIMITS; TO AMEND SECTION 50-11-1765, AS AMENDED, RELATING TO POSSESSION, SALE, OR IMPORTATION OF LIVE WOLVES AND COYOTES, SO AS TO PROVIDE EXCEPTIONS; TO AMEND SECTION 50-11-2480, AS AMENDED, RELATING TO PERSONS NOT REQUIRED TO OBTAIN FUR DEALER, BUYER, OR PROCESSOR'S LICENSE, SO AS TO PROVIDE THAT A PERSON WHO OWNS A COYOTE HUNTING ENCLOSURE AND IS PERMITTED BY THE DEPARTMENT OF NATURAL RESOURCES TO PURCHASE LIVE COYOTES FOR RELEASE INTO HIS PEN IS NOT REQUIRED TO OBTAIN A FUR DEALER, BUYER, OR PROCESSOR'S LICENSE, TO PROVIDE THAT COYOTES MUST BE OBTAINED FROM A SOUTH CAROLINA LICENSED COMMERCIAL TRAPPER AND MAY BE OBTAINED ONLY IF THE COYOTES WERE TAKEN LAWFULLY IN THIS STATE; AND TO AMEND SECTION 50-11-2510, AS AMENDED, RELATING TO TAGGING OF CERTAIN FURS, PELTS, AND HIDES, SO AS TO PROVIDE THAT FURBEARING ANIMALS, INCLUDING COYOTES, TAKEN LIVE TO BE SOLD AS LIVE ANIMALS ARE NOT REQUIRED TO BE TAGGED.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The following Bill was taken up, read the third time, and ordered sent to the Senate:
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. OTT moved that the House recur to the Morning Hour, which was agreed to.
The following was introduced:
H. 3997 (Word version) -- Rep. Clark: A CONCURRENT RESOLUTION TO WELCOME WILLIAM L. "BILL" BIGGS OF OMAHA, NEBRASKA, A PAST PRESIDENT OF THE INTERNATIONAL ASSOCIATION OF LIONS CLUBS, TO SOUTH CAROLINA AND TO COMMEND HIM FOR HIS TIRELESS EFFORTS AND LEADERSHIP ON BEHALF OF THE INTERNATIONAL ASSOCIATION OF LIONS CLUBS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3998 (Word version) -- Reps. Stille and Townsend: A BILL TO AMEND SECTION 59-58-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOND OR COLLATERAL REQUIRED OF NONPUBLIC EDUCATIONAL INSTITUTIONS AND THE ESTABLISHMENT OF A STUDENT TUITION GUARANTY FUND, SO AS TO FURTHER PROVIDE FOR THE PURPOSES FOR WHICH THE BOND OR COLLATERAL OR THE STUDENT TUITION GUARANTY FUND MAY BE USED, AND TO RENAME THE STUDENT TUITION GUARANTY FUND AS THE STUDENT RECOVERY FUND.
Referred to Committee on Ways and Means
H. 3999 (Word version) -- Reps. Herbkersman and Ceips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 21 TO CHAPTER 13, TITLE 24 SO AS TO ENACT "THE COUNTY PRISONER REIMBURSEMENT FOR CARE AND MAINTENANCE ACT", PROVIDE CERTAIN DEFINITIONS USED IN THE ARTICLE, PROVIDE FOR REIMBURSEMENT OF CERTAIN EXPENSES INCURRED BY A COUNTY WHEN A PERSON IS A PRISONER OR DETAINED IN A COUNTY JAIL, PROVIDE FOR FORMS, INVESTIGATIONS, AND REPORTS TO BE USED IN DETERMINING THE FINANCIAL STATUS OF PRISONERS, PROVIDE FOR SUITS TO COLLECT REIMBURSEMENT AND ENFORCE JUDGMENTS, PROVIDE FOR PROTECTION OF HOMESTEADS, AND PROVIDE FOR DISPOSITION OF REIMBURSEMENT COLLECTED UNDER THIS ARTICLE.
Referred to Committee on Judiciary
H. 4000 (Word version) -- Reps. Vaughn, Haskins, Koon, Davenport, Delleney, M. A. Pitts, Stille and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3565 SO AS TO PROVIDE FOR AN INCOME TAX CREDIT FOR CONTRIBUTIONS TO SCHOOL TUITION ORGANIZATIONS WHICH PROVIDE EDUCATIONAL SCHOLARSHIPS TO STUDENTS OF GOVERNMENTAL AND NONGOVERNMENTAL SCHOOLS.
Referred to Committee on Ways and Means
H. 4001 (Word version) -- Reps. J. E. Smith, Bales, Battle, Branham, Breeland, J. Brown, Clyburn, Cobb-Hunter, Emory, Gourdine, Haskins, M. Hines, Howard, Kennedy, Kirsh, Lloyd, Lourie, Mack, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Ott, Rutherford and Snow: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 27 TO CHAPTER 7, TITLE 44, SO AS TO ENACT THE "LEWIS BLACKMAN HOSPITAL PATIENT PROTECTION ACT" TO REQUIRE HOSPITAL PERSONNEL TO WEAR BADGES IDENTIFYING THEIR NAMES, DEPARTMENTS, AND STATUS; TO REQUIRE THAT WRITTEN INFORMATION BE PROVIDED TO PATIENTS PRIOR TO ADMISSION CONCERNING WHETHER ANY OF THEIR CARE IS TO BE PROVIDED BY RESIDENT PHYSICIANS OR OTHER MEDICAL TRAINEES; TO REQUIRE A HOSPITAL TO ASSIGN A PRIMARY ATTENDING PHYSICIAN TO A PATIENT UPON ADMISSION AND TO REQUIRE THE ATTENDING PHYSICIAN, OR ANOTHER PHYSICIAN DESIGNATED BY THE ATTENDING PHYSICIAN, TO EXAMINE THE PATIENT DAILY AND TO INDICATE SUCH IN THE PATIENT'S CHART; TO REQUIRE HOSPITALS WITH OVER ONE HUNDRED BEDS TO HAVE AN ATTENDING PHYSICIAN ONSITE AT ALL TIMES TO PROVIDE CONSULTATION AND CARE; TO REQUIRE A HOSPITAL TO INFORM A PATIENT AND HIS FAMILY AS TO WHO IS THE PATIENT'S ATTENDING PHYSICIAN, THE ONSITE ATTENDING PHYSICIAN, THE HEAD NURSE FOR THE PATIENT'S UNIT, AND THE HOSPITAL NURSING SUPERVISOR AND MEDICAL DIRECTOR, HOW TO CONTACT THESE INDIVIDUALS, AND THAT THEY MAY CONTACT THESE INDIVIDUALS AT ANY TIME; TO REQUIRE HOSPITALS TO POST SIGNS PROVIDING CERTAIN TELEPHONE CONTACT INFORMATION; TO PROVIDE CIVIL FINES FOR NONCOMPLIANCE; AND TO PROVIDE THAT THIS CHAPTER DOES NOT PRECLUDE A CLAIM THAT MAY HAVE OTHERWISE BEEN ASSERTED UNDER COMMON LAW OR ANY OTHER PROVISION OF LAW; AND TO AMEND SECTION 40-47-5, RELATING TO THE DEFINITION OF "PHYSICIAN" AND "SURGEON", SO AS TO ALSO INCLUDE DOCTORS OF OSTEOPATHIC MEDICINE IN THIS DEFINITION AND TO RESTRICT THE USE OF THESE TITLES TO PERSONS LICENSED TO PRACTICE MEDICINE.
Referred to Committee on Judiciary
On motion of Rep. FREEMAN, with unanimous consent, the following was taken up for immediate consideration:
H. 4002 (Word version) -- Reps. Freeman, Hayes, Jennings, Lucas and Neilson: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE CHERAW HIGH SCHOOL "BRAVES" WRESTLING TEAM AND THE TEAM'S COACH, BRAD PORTER, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF CONGRATULATING THEM ON THEIR COLLABORATIVE EFFORTS AND HARD WORK IN CAPTURING THE 2003 CLASS AA-A STATE CHAMPIONSHIP DUALS TITLE.
Be it resolved by the House of Representatives:
That the members of the House of Representatives extend the privilege of the floor of the House of Representatives to the Cheraw High School "Braves" Wrestling Team and the team's coach, Brad Porter, at a date and time to be determined by the Speaker, for the purpose of congratulating them on their collaborative efforts and hard work in capturing the 2003 Class AA-A State Championship Duals Title.
The Resolution was adopted.
The following was introduced:
H. 4003 (Word version) -- Reps. Freeman, Hayes, Jennings, Lucas and Neilson: A CONCURRENT RESOLUTION TO EXTEND THE APPRECIATION OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO DR. RONALD W. HAMPTON OF CHERAW, ON THE OCCASION OF HIS RETIREMENT AS PRESIDENT OF NORTHEASTERN TECHNICAL COLLEGE, FOR HIS MANY YEARS OF SERVICE TO THIS STATE THROUGH HIS WORK IN HIGHER EDUCATION, AND TO WISH HIM MUCH SUCCESS AND HAPPINESS IN HIS FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
Rep. J. BROWN moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 3924 (Word version) -- Rep. Quinn: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE INTERCHANGE OF INTERSTATE 26 AND S. C. HIGHWAY NUMBER 27 AT EXIT 187 THE "ELLIS MACDOUGALL INTERCHANGE" IN HONOR OF THE LATE ELLIS CAMPBELL MACDOUGALL FOR HIS DEDICATION AND MANY CONTRIBUTIONS TO THE BETTERMENT OF CRIMINAL JUSTICE AND THE ADVANCEMENT OF PRISON REFORM AND INSTALL APPROPRIATE MARKERS OR SIGNS ON THE INTERCHANGE SO THAT AS THE PUBLIC PASSES THEY WILL REMEMBER MR. MACDOUGALL'S MANY CONTRIBUTIONS TO THE STATE OF SOUTH CAROLINA.
H. 3947 (Word version) -- Reps. M. A. Pitts, Taylor and Duncan: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE LAURENS ACADEMY "CRUSADERS" AND THEIR COACH, TOMMY SPIRES, ON WINNING THE 2003 SCISA CLASS A BOYS' BASKETBALL CHAMPIONSHIP AND TO COMMEND THEM FOR THEIR HARD WORK, COMPETITIVE SPIRIT, AND DEDICATION TO BECOME A CHAMPIONSHIP TEAM.
H. 3951 (Word version) -- Reps. E. H. Pitts, Koon, Bingham and Toole: A CONCURRENT RESOLUTION TO CONGRATULATE THE LEXINGTON HIGH SCHOOL SCHOLASTIC APTITUDE TEAM ON WINNING THE 2003 CLASS AAAA STATE CHAMPIONSHIP, COMMEND THEM FOR THEIR COMMITMENT TO LEARNING AND ACADEMIC EXCELLENCE, AND WISH THEM EVERY SUCCESS IN THEIR FUTURE ENDEAVORS.
H. 3952 (Word version) -- Reps. J. Hines and M. Hines: A CONCURRENT RESOLUTION TO COMMEND MR. GERALD R. MCKAY FOR HIS OUTSTANDING SERVICE AS THE FIRST AARP MOBILE INFORMATION CENTER COORDINATOR IN SOUTH CAROLINA.
H. 3953 (Word version) -- Rep. Lucas: A CONCURRENT RESOLUTION TO EXTEND CONGRATULATIONS TO WILLIAM AND EARLENE HENDERSON OF HARTSVILLE ON THE OCCASION OF THEIR 50TH WEDDING ANNIVERSARY ON JUNE 21, 2003, AND TO WISH THEM MANY YEARS OF CONTINUED HAPPINESS.
H. 3960 (Word version) -- Rep. Freeman: A CONCURRENT RESOLUTION TO EXTEND CONGRATULATIONS TO THE CHERAW HIGH SCHOOL "BRAVES" WRESTLING TEAM AND THEIR COACH, BRAD PORTER, FOR THEIR OUTSTANDING SEASON AND FOR CAPTURING THEIR FIRST STATE CHAMPIONSHIP IN A CRUSHING 62-15 VICTORY AT THE CLASS AA-A STATE CHAMPIONSHIP DUALS TITLE ON SATURDAY, FEBRUARY 15, 2003.
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.
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.
H. 3992 (Word version) -- Rep. J. R. Smith: A CONCURRENT RESOLUTION TO CONGRATULATE THE MEMBERS OF THE 1953 GRADUATING CLASS OF LANGLEY-BATH-CLEARWATER HIGH SCHOOL ON THE OCCASION OF THEIR FIFTIETH CLASS REUNION AND TO COMMEND ITS MEMBERS FOR THEIR MANY ACCOMPLISHMENTS AND CONTRIBUTIONS TO THEIR COMMUNITY AND STATE.
H. 3993 (Word version) -- Reps. Hosey, 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, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION EXPRESSING THE SINCEREST SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA AT THE DEATH OF SERGEANT GEORGE EDWARD BUGGS OF BARNWELL COUNTY IN OPERATION IRAQI FREEDOM AND THEIR DEEPEST GRATITUDE FOR HIS UNSELFISH AND COURAGEOUS DEFENSE OF THE FUNDAMENTAL FREEDOMS OF OUR COUNTRY.
At 11:20 a.m. the House, in accordance with the motion of Rep. COATES, adjourned in memory of Judge Shirley Vause of Olanta, to meet at 10:00 a.m. tomorrow.
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